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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 14-07-2021)

According to the subitem 2) Item 2 of Article 86, 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 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.

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 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and with the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of the state registration of regulatory legal acts for No. baking plate 17371), for reference of subjects of control in the field of seed farming to risk degrees and selection of subjects (objects) when carrying out preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) subjects (objects) of control - the physical persons and legal entities performing activities for production, procurement, processing, storage, examination, realization, transportation and use of seeds;

2) 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, and also the violations which are not referred to gross and considerable violations;

3) 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;

4) 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;

5) 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, expressed as production, realization and use of the seeds which are not conforming on high-quality and sowing qualities to requirements of the legislation of the Republic of Kazakhstan about seed farming owing to violation of requirements of the legislation on seed farming;

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 in certain field of activity and which are not depending directly on separate subject (object) of control;

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

9) the checking sheet - the list of requirements including only those requirements 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.

3. Distribution of subjects of control on degrees of risks is performed based on objective and subjective criteria.

Chapter 2. Objective criteria

4. Objective criteria are developed for the purpose of distribution of subjects (objects) on risk degrees (high and not carried to high).

5. Assessment of risk degree of subjects of control and their reference to high risk group is performed by objective criteria based on the greatest probability of damnification of life or to health of the person, legitimate interests of physical persons and legal entities, valuable interests of the state as a result of activities of the subject of control taking into account severity of its effects.

6. Producers of original seeds, elite seed productions, seed productions and laboratories on examination of quality of seeds treat high risk.

7. To not carried to high risk implementors of seeds and consumers of seeds belong (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).

8. Subjective criteria for the purpose of carrying out preventive control with visit of subject (object) of control are applied to subjects (objects) carried to high risk.

Chapter 3. Subjective criteria

9. Subjective criteria are developed based on requirements of regulatory legal acts in the field of seed farming listed in checking sheets which are subdivided into three degrees: rough, considerable, insignificant are also given in appendix to these Criteria.

10. Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

11. For assessment of risk degree the following sources of information are used:

1) analysis results of the previous checks and preventive control with visit of subjects (objects) of control, at the same time, severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation reflected in checking sheets;

2) results of monitoring of the reporting and the data represented by subjects of control including by means of the automated information systems, carried out by state bodies, organizations and the industry organizations;

3) availability and the number of the confirmed claims.

12. Based on the sources of information determined in Item of 11 these Criteria subjective criteria according to appendix to these Criteria are determined.

13. In case of measure calculation of risk degree the specific weight of not executed Criteria is determined.

One violation of rough degree is equated to indicator 100.

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

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

SRZ = (SP2 x 100/SP1) x 0,7,

where:

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