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JOINT ORDER OF THE MINISTER OF INFORMATION AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2018 No. 455, on October 31, 2018 No. 39

About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting

(as amended on 10-11-2020)

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting (further - criteria) according to appendix 1 to this joint order;

2) checking leaf in the field of the state control of compliance with law of the Republic of Kazakhstan about TV and radio broadcasting (further - checking leaf) concerning TV, radio companies according to appendix 2 to this joint order;

3) checking leaf concerning operators of TV and radio broadcasting according to appendix 3 to this joint order.

2. Declare invalid the joint order of the acting minister on investments and development of the Republic of Kazakhstan of December 30, 2015 No. 1282 and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 844 "About approval of criteria for evaluation of risk degree and checking leaf behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting" (it is registered in the Register of state registration of regulatory legal acts for No. 13009, it is published on February 29, 2016 in information system of law of Ad_let).

3. To provide to committee of information of the Ministry of information and communications 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" of the Ministry of Justice of the Republic of Kazakhstan 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 information and communications of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order submission to Legal department of the Ministry of information and communications 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 vice-minister of information and communications of the Republic of Kazakhstan.

5. This joint order becomes effective after ten calendar days after day of its first official publication, except for lines, sequence number 30, of appendix 1 to criteria, lines, sequence number 29, of appendix 2 to the joint order which become effective since January 11, 2019.

Minister of information and communications of the Republic of Kazakhstan

D. Abayev

Minister of national economy of the Republic of Kazakhstan

T. Suleymenov

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 information and communications of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 455, on October 31, 2018 No. 39

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting (further - Criteria) are developed according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371).

2. In these Criteria the following concepts are used:

1) considerable violation - violation of the requirements established by regulatory legal acts in the field of TV and radio broadcasting, the creating premises for emergence of threat of life and health of the person, to the environment, legitimate interests of physical persons and legal entities, the states, and also non-execution of instructions of authorized body, availability of two confirmed claims and addresses concerning subject (object) of control;

2) insignificant violation - violation of the requirements established by regulatory legal acts in the field of TV and radio broadcasting which non-compliance does not create premises for emergence of threat of life and to health of the population, the environment, legitimate interests of physical persons and legal entities, but accomplishment which it is obligatory for subjects of TV and radio broadcasting when implementing the activities, and also availability of one confirmed claim or address;

3) gross violation - violation of the requirements established by regulatory legal acts in the field of TV and radio broadcasting, connected with non-compliance with the prohibiting regulation of the legislation of the Republic of Kazakhstan (it is forbidden, it is not allowed, it is not allowed), and also violation of requirements which involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states, availability of three and more confirmed claims and addresses concerning subject (object) of control;

4) risk - probability of damnification as a result of activities of subject (object) 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;

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

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree of compliance with law of the Republic of Kazakhstan about TV and radio broadcasting;

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

8) the checking sheet - the list of requirements including requirements imposed to activities of subjects (objects) of control which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states;

9) subjects (objects) of control in the field of TV and radio broadcasting - operators of TV and radio broadcasting and TV, radio companies.

3. Criteria for evaluation of risk degree for preventive control with visit of subjects (objects) of control are created by means of objective and subjective criteria.

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