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JOINT ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 30, 2018 No. 757, on October 30, 2018 No. 32

About approval of criteria for evaluation of risk degree, checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

(as amended on 16-03-2021)

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, we ORDER:

1. Approve:

1) criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system, according to appendix 1 to this order;

2) checking leaf on the state control of security activities, according to appendix 2 to this joint order;

3) checking leaf on the state control of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization according to appendix 3 to this joint order;

4) checking leaf on the state control of activities for installation, adjustment and maintenance of means of the security alarm system, according to appendix 4 to this joint order.

2. Recognize to invalid:

the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 11, 2015 No. 1018 and the Acting Minister of national economy of the Republic of Kazakhstan of January 6, 2016 No. 1 "About approval of criteria for evaluation of risk degree, forms of checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system" (No. registered in the Register of state registration of regulatory legal acts on February 22, 2016 13162, is published on February 29, 2016 in information system of law of Ad_let);

the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 14, 2017 No. 112 and the Minister of national economy of the Republic of Kazakhstan of March 3, 2017 No. 106 "About introduction of amendments to the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 11, 2015 No. 1018 and the acting minister of national economy of the Republic of Kazakhstan of January 6, 2016 No. 1 "About approval of criteria for evaluation of risk degree, checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, to adjustment and maintenance of means of the security alarm system" (No. registered in the Register of state registration of regulatory legal acts on April 10, 2017 15000, is published on April 20, 2017 in information system of law of Ad_let).

3. To provide to committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order the direction it in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on official Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this joint order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan.

5. This joint order becomes effective after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

______________ T. Suleymenov

Minister of Internal Affairs of the Republic of Kazakhstan

____________ K. Kasymov

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

 

Appendix 1

to the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 30, 2018 No. 757, on October 30, 2018 No. 32

Criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

Chapter 1. General provisions

1. These criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system (further - Criteria) are developed for the subjects of private entrepreneurship who are engaged in security activities, activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and activities for installation, adjustment and maintenance of means of the security alarm system.

2. In these Criteria the following concepts are used:

1) risk - probability of damnification as a result of activities of the subject of control of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

2) system of risks assessment - the complex of actions held by control facility for the purpose of purpose of preventive control with visit of the subject of control;

3) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects depending on results of activities of the specific subject of control;

4) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects depending on risk degree in certain field of activity and which are not depending directly on the certain subject of control;

No 5) gross violations - the violations established by regulatory legal acts of the Republic of Kazakhstan, connected with non-compliance with the prohibiting, limiting legislation regulation (it is forbidden, it is forbidden, are prohibited, restrictions, have no right, cannot, cannot, have, not having, shall be, not consisting), with failure to meet requirements of the legislation to specialized training centers and their branches on availability of shooting shooting gallery, with non-presentation of the reporting, information, data at the request of law-enforcement bodies or provision doubtful, and also with availability of adverse incidents, arisen because of the worker, the head, the founder of the subject of control or the subject of control, with availability of the confirmed claims and addresses;

6) considerable violations - violations by the subject of control of requirements of the legislation of the Republic of Kazakhstan which making does not influence quality of the services rendered by the subject;

7) insignificant violations - non-compliance with the legislation of the Republic of Kazakhstan by the subject of control regarding the conclusion of written form of service provision agreements, and also with availability of the proved to be true negative publications and consecrations of quality rendered by the checked subject of services in mass media.

3. Criteria for evaluation of risk degree for preventive control with visit of the subject of control it is created by means of objective and subjective criteria.

Determination of objective criteria is performed by means of the following stages:

1) risk identification.

Risk identification is performed depending on:

scales of weight of possible negative effects of harm on the regulated sphere (area);

possibilities of approach of adverse incident of life or to health of the person, environment, legitimate interests of physical persons and legal entities, valuable interests of the state;

2) distribution of subjects on risk degrees (high and not carried to high) and determination of risk degree in which will be carried out preventive control with visit of the subject of control.

Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

Chapter 2. Objective criteria for evaluation of risk degree

4. By objective criteria subjects belong:

to high risk:

1) the legal entities performing security activities, activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization;

2) the legal entities and physical persons performing activities up to one year from the date of submission of the notification on the beginning of work on installation, adjustment and maintenance of means of the security alarm system;

3) the legal entities and physical persons performing activities for installation, adjustment and maintenance of means of the security alarm system and which are at the same time engaged in security activities;

4) the legal entities performing activities for installation, adjustment and maintenance of means of the security alarm system, numbering the annual average number of workers more than two hundred fifty people.

The legal entities and physical persons which are engaged more than one year only in activities for installation, adjustment and maintenance of means of the security alarm system, numbering the annual average number of workers less than two hundred fifty people treat the subjects which are not carried to high risk.

Concerning the subjects of control carried to high risk unscheduled inspections, preventive control with visit of the subject of control and preventive control without visit of the subject of control are carried out.

Concerning the subjects of control which are not carried to high risk unscheduled inspections and preventive control without visit of the subject of control are carried out.

Chapter 3. Subjective criteria for evaluation of risk degree

5. For assessment of degree of risks of the subjects of control performing security activities the following sources of information are used:

1) results of monitoring of the reporting, the data represented by the subject of control, the analysis and the information provided by authorized state bodies and the organizations and the operational and preventive events held by law enforcement and special state bodies;

2) results of the previous check and preventive control with visit of the subject of control;

3) results of preventive control without visit of the subject of control (recommendation);

4) availability of the adverse incidents which arose because of the subject of control. Treat adverse incidents:

availability of criminal and/or administrative case concerning the worker, the head, the founder (participant) of the subject of control or the subject of control;

making of offense, the emergency which is directly connected with ensuring protection (rendering security services) on the object protected by the subject of control;

loss, loss of office weapon;

5) availability of the confirmed claims and addresses;

6) the analysis of publications and consecrations in mass media.

6. For assessment of degree of risks of the subjects of control performing activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization (further - SUTs) use the following sources of information:

1) results of monitoring of the reporting, the data represented by the subject of control, the analysis and the information provided by authorized state bodies and the organizations and the operational and preventive events held by law enforcement and special state bodies;

2) results of the previous check and preventive control with visit of the subject of control;

3) results of preventive control without visit of the subject of control (recommendation);

4) availability of the adverse incidents which arose because of the subject of control. Treat adverse incidents:

availability of criminal and/or administrative case concerning the worker, the head, the founder (participant) of the subject of control or the subject of control;

loss, loss of office and civil weapon, special means;

5) availability of the confirmed claims and addresses;

6) the analysis of publications and consecrations in mass media.

7. For assessment of degree of risks of the subjects of control performing activities for installation, adjustment and maintenance of means of the security alarm system the following sources of information are used:

1) analysis results of the information provided by authorized state bodies, the organizations and the operational and preventive events held by law enforcement and special state bodies;

2) results of the previous check and preventive control with visit of the subject of control;

3) results of preventive control without visit of the subject of control (recommendation);

4) availability of the adverse incidents which arose because of the subject of control. Treat availability of criminal and/or administrative case concerning the worker adverse incidents, the head, the founder (participant) of the subject of control or the subject of control;

5) availability of the confirmed claims and addresses;

6) the analysis of publications and consecrations in mass media.

8. Based on the available sources subjective criteria are subdivided into three extents of violation: rough, considerable, insignificant.

Extent of violations is appropriated to subjective criteria depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier.

In case of assessment of risk degree subjective criteria for evaluation of risk degree of security activities, activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization, activities for installation, adjustment and maintenance of means of the security alarm system according to appendices 1, 2 and 3 to these Criteria are applied.

In case of identification of one gross violation, to the subject of control the exponent of risk 100 is equated and concerning it preventive control with visit of the subject of control is carried out.

If gross violations are not revealed, for measure definition of risk degree the total indicator on violations of considerable and insignificant degree is calculated.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

СуммаPs = (СуммаP2 x Сумма100/P1) x 0,7

where:

СуммаРз - indicator of considerable violations;

СуммаP1 - the required number of considerable violations;

СуммаP2 - the number of the revealed considerable violations;

In case of measure definition of insignificant violations the coefficient of 0,3 is applied and this indicator is calculated by the following formula:

СуммаРн = (P2 x 100/P1) x 0,3

where:

Рн - indicator of insignificant violations;

P1 - the required number of insignificant violations;

P2 - the number of the revealed insignificant violations;

The general exponent Суммаof risk (R) is calculated on scale from 0 to 100 and is determined by summing of indicators of considerable and insignificant violations by the following formula:

Сумма Р = Рз + Rn

where:

СуммаР - general exponent of risk;

СуммаРз - indicator of considerable violations;

СуммаРн - indicator of insignificant violations.

9. On risk exponents the checked subject belongs:

1) to high risk - in case of exponent of risk from 61 to 100 inclusive and concerning it preventive control with visit of the subject of control is carried out;

2) to not carried to high risk - in case of exponent 0 to 60 and concerning it preventive control with visit of the subject of control is not carried out.

10. Frequency rate of carrying out preventive control with visit of the subject of control is determined by results of the carried-out analysis and assessment of the received data on subjective criteria and is not more often than once a year.

11. Preventive control with visit of the subject of control are carried out based on the semi-annual lists of preventive control with visit of the subject of control created according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan.

12. Lists of preventive control with visit of the subject of control are constituted taking into account priority of subjects of control with the greatest exponent of risk by subjective criteria.

In the analysis and assessment data of the subjective criteria which are earlier considered and used concerning the specific subject of control are not applied.

Appendix 1

to Criteria for evaluation of risk degree, on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

Subjective criteria for evaluation of risk degree on the state control of security activities

Subjective criteria for evaluation of risk degree

Extent of violations

1. Results of monitoring of the reporting, the data represented by the subject of control, the analysis of the information provided by authorized state bodies and the organizations and the operational and preventive events held by law enforcement and special state bodies:

1

Violation of the term established in request about submission of the reporting, data

Considerable

2

Non-presentation of the reporting, data according to request or submission of the doubtful reporting, data.

Rough

3

Availability at the head of the private security organization (including branch and representation) the higher legal education or length of service at least three years on command positions in Armed Forces, other troops and military forming or on executive positions in law enforcement and special bodies

Considerable

4

The head of the private security organization is citizen of the Republic of Kazakhstan

Rough

5

Availability at the head of the private security organization of the certificate on passing of preparation for the special program

Considerable

6

Availability at the head of the private security organization of the certificate on passing of professional development course for the special program

Considerable

7

Availability at the head of the private security organization of the medical document confirming the absence fact on accounting in the organizations providing medical care in the field of mental health

Rough

8

The head of the private security organization has no criminal record for crime execution

Rough

9

Ruyokoyovoyodiyoteyol of the chastyony protected oryogayoniyozayotion not яв­ля­ет­ся ли­цо, osvoyobozhyodenyony from ugoyolovyony otyovetyostvenyonoyosta on osyonoyovayoniya of punkyot 3), 4), 9), 10) and 12) chayost of peryovy stayotya 35 or stayot 36 Ugoyolovyono-proyotsesyosuyoalyyonoyogo of Resyopubyoliyoki's koyodekyos Kayozakhyostan to isyoteyocheyoniya of sroyok ниж­не­го preyodeyola nayokayozayoniya in viyoda svoyoboyoda liyosheyoniya, преду­смот­рен­но­го soyootyovetyostvuyoyuyoshchy ча­стью stayot of the Osoyobenyony chayosta of Ugoyolovyonoyogo of koyodekyos of Resyopubyoliyoki Kayozakhyostan

Rough

10

Ruyokoyovoyodiyoteyol of the chastyony protected oryogayoniyozayotion not яв­ля­ет­ся ли­цо, in otyonoyosheyoniya ко­то­ро­го in teyocheyony odyonoyogo of goyod to priyonyayotiya on dolzhyonost руководите­ля or in пе­ри­од nayokhozhyodeyoniya in danyony dolzhyonoyosta for soyoveryosheyony ugoyolovyonoyogo of proyostupyok вы­не­сен obyoviyoniyotelyyony priyogoyovor vanity, and tayokyozha in teyocheyony odyonoyogo of goyod to priyonyayotiya on dolzhyonost of okhranyoniyok or in пе­ри­од nayokhozhyodeyoniya in danyony dolzhyonoyosta осво­бож­ден from ugoyolovyony responsibility for soyoveryosheyony ugoyolovyonoyogo of proyostupyok on osyonoyovayoniya of punkyot 3), 4), 9), 10) and 12) chayost of peryovy stayotya 35 or stayot 36 Ugoyolovyono-protsesyosuyoalyyonoyogo of Resyopubyoliyoki's koyodekyos Kayozakhyostan

Rough

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