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THE JOINT ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2018 No. 485, on November 30, 2018 No. 93

About approval of criteria for evaluation of degree of risks and checking sheets in the field of seed farming

(as amended on 03-11-2023)

According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of degree of risks in the field of seed farming according to appendix 1 to this joint order;

2) checking sheets in the field of seed farming for:

producers of original seeds according to appendix 2 to this joint order;

elite seed productions according to appendix 3 to this joint order;

seed productions according to appendix 4 to this joint order;

implementors of seeds according to appendix 5 to this joint order;

laboratories on examination of quality of seeds according to appendix 6 to this joint order;

consumers of seeds (except for the physical persons who are engaged in production of seeds for use on private, garden, seasonal and garden plots without the right of their realization) according to appendix 7 to this joint order;

physical persons for implementation of activities for approbation of high-quality crops of agricultural plants according to appendix 8 to this joint order;

physical persons for implementation of activities for examination of high-quality and sowing qualities of seeds according to appendix 9 to this joint order.

2. Declare invalid the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 28, 2015 No. 15-05/1137 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 822 "About approval of checking leaf in the field of seed farming" (it is registered in the Register of the state registration of regulatory legal acts at No. 12750, it is published on January 20, 2016 in information system of law of Ad_let).

3. To provide to department of production and conversion of crop products of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the 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 the state registration of this joint order the direction it in the Kazakh and Russian languages 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) within ten calendar days after the state registration of this joint order the direction it the copy on official publication in periodic printing editions;

4) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days after the state registration of this joint order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

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

Deputy prime minister of the Republic of Kazakhstan Minister of Agriculture of the Republic of Kazakhstan

 

______________ U. Shukeev

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 Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 485, on November 30, 2018 No. 93

Criteria for evaluation of degree of risks in the field of seed farming

Chapter 1. General provisions

1. These criteria for evaluation of degree of risks in the field of seed farming (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of the state registration of regulatory legal acts No. 28577), and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of the state registration of regulatory legal acts No. 17371), for reference of subjects of control in the field of seed farming to risk degrees and for selection of subjects (objects) of control when conducting check, carried out on compliance to requirements for directed notifications (further – checks on compliance to requirements for directed notifications), and preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) subjects (objects) of control are producers of original seeds, elite seed productions, seed productions, laboratories on examination of quality of seeds, consumers of seeds (except for the physical persons who are engaged in production of seeds for use on private, garden, seasonal and garden plots without the right of their realization), implementors of seeds, physical persons for implementation of activities for approbation of high-quality crops of agricultural plants, physical persons for implementation of activities for examination of high-quality and sowing qualities of seeds;

2) point – quantitative measure of calculation of risk;

3) insignificant violation – violation of the requirements established by regulatory legal acts in the field of seed farming regarding the wrong maintaining documentation in the field of seed farming;

4) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

5) considerable violation – violation of the requirements established by regulatory legal acts in the field of seed farming on availability of ploughland, the mastered seed-growing crop rotations, high-quality agrotechnology, qualified specialists, initial seed grain, to ensuring safety of materials of accounting on seed farming, carrying out systematic crop inspection (landings), the territories, seed cleaners and mechanisms, warehouses on identification of quarantine objects and holding actions for fight against them, to storage of average samples, document creation about quality of seeds, to use for crops of seeds to requirements of the legislation of the Republic of Kazakhstan about seed farming, availability of the license agreement, and also violation of the terms and completeness of providing the reporting conforming on high-quality and sowing qualities;

6) gross violation – violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of seed farming, the attracting administrative responsibilities, stipulated in Article 402 Codes of the Republic of Kazakhstan "About administrative offenses", not observance of requirements for material equipment, carrying out approbation, to sampling, observance of standards in the field of seed farming when conducting examination of quality of seeds, availability of claims and addresses, use for crops (landing) of seeds of the agricultural plants received on the basis of genetic engineering (genetically modified), use for crops (landing) of seeds of the agricultural plants infected with quarantine objects, inappropriate use of the subsidized seeds;

7) risk – probability of damnification as a result of activities of the subject of control, to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

8) system of assessment and risk management – process of acceptance of the management decisions directed to decrease in probability of approach of adverse factors by distribution of subjects (objects) of control on risk degrees for the subsequent implementation of preventive control with visit of subject (object) of control and (or) checks on compliance to requirements for directed notifications for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time admissible risk level in the corresponding fields of activity, and also directed to change of risk level for specific subject (object) of control and (or) release of such subject (object) of control from preventive control with visit of subject (object) of control and (or) checks on compliance to requirements for directed notifications;

9) 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 in the field of seed farming and which are not depending directly on separate subject (object) of control;

10) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects (objects) of control to different risk degrees;

11) 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;

12) the checking sheet – the list of requirements imposed to activities of subjects (objects) of control which non-compliance involves threat to legitimate interests of physical persons and legal entities, the states;

13) sample (selection) – the list of the evaluated subjects (objects) carried to homogeneous group of subjects (objects) of control in the specific sphere of the state control according to Item 2 of article 143 of the Code.

Chapter 2. Procedure for forming of system of assessment and risk management when conducting check on compliance to requirements for directed notifications and preventive control of subjects (objects) of control

3. For risk management objectives when implementing preventive control with visit of subject (object) of control and (or) check on compliance to requirements for directed notifications, criteria for evaluation of risk degree for conducting check on compliance to requirements for directed notifications and preventive control of subjects (objects) of control are created by means of determination of objective and subjective criteria which are performed step by step (the multicriteria analysis of decisions).

At the first stage by objective criteria subjects (objects) of control belong to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

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