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JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 1, 2018 No. 1520, on November 2, 2018 No. 55

About approval of criteria for evaluation of risk degree and checking leaf in the sphere of registration of the rights to real estate

(as amended on 06-09-2023)

According to Item 5 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 risk degree in the sphere of registration of the rights to real estate according to appendix 1 to this joint order;

2) checking leaf in the sphere of registration of the rights to real estate according to appendix 2 to this joint order.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

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 Kazakh and Russian languages 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 the copy of this joint order on official the Internet - resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

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

 

No. 1520, No. 55 are approved on November 2, 2018 by the joint Order of the Minister of Justice of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of November 1, 2018

Criteria for evaluation of risk degree in the sphere of registration of the rights to real estate

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the sphere of registration of the rights to real estate (further - Criteria) are developed according to Items 5 and 6 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code), the Law of the Republic of Kazakhstan "About state registration of the rights to real estate", with 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 state registration of regulatory legal acts No. 28577) and with the forms 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 No. 17371).

2. In these Criteria the following concepts are used:

1) point - quantitative measure of calculation of risk;

2) normalization of data - the statistical procedure providing reduction of the values measured in various scales to conditionally general scale;

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

4) 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 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;

5) 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;

6) 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 various risk degrees;

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

3. The criteria for evaluation of risk degree and checking sheets applied to carrying out preventive control with visit of subject (object) of control affirm the joint act of regulatory state agencies, authorized body on entrepreneurship and are placed on Internet resources of regulatory state agencies according to Item 5 of article 141 of the Code.

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