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

of July 10, 2019 No. 259, on July 12, 2019 No. 63

About approval of criteria for evaluation of degree of risks and checking sheets in the field of regulation of the market of grain, safety and quality of cotton

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 degree of risks in the field of regulation of the market of grain according to appendix 1 to this joint order;

2) criteria for evaluation of degree of risks in the field of safety and quality of cotton according to appendix 2 to this joint order;

3) checking leaf in the field of regulation of the market of grain for cereal receiving points according to appendix 3 to this joint order;

4) checking leaf in the field of regulation of the market of grain for the local executive bodies exercising control of compliance with law of the Republic of Kazakhstan according to appendix 4 to this joint order;

5) checking leaf in the field of safety and quality of cotton for the cotton-processing companies according to appendix 5 to this joint order;

6) checking leaf in the field of safety and quality of cotton for the expert organizations performing examination of quality of cotton-fiber and issue of the quality certificate of cotton-fiber according to appendix 6 to this joint order;

7) checking leaf in the field of safety and quality of cotton for accredited laboratories on examination of quality of cotton according to appendix 7 to this joint order.

2. Recognize invalid:

1) the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 25, 2015 No. 15-3/1134 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 813 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of regulation of the market of grain, safety and quality of cotton" (it is registered in the Register of the state registration of regulatory legal acts No. 12654, it is published on February 3, 2016 in information system of law of Ad_let);

2) the joint order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of June 16, 2016 No. 263 and the Minister of national economy of the Republic of Kazakhstan of June 28, 2016 No. 290 "About introduction of amendments to the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 25, 2015 No. 15-3/1134 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 813 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of regulation of the market of grain, safety and quality of cotton" (it is registered in the Register of the state registration of regulatory legal acts No. 13932, it is published on July 15, 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 10 (ten) calendar days from the date of the state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" 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 official 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. To impose control of execution of this joint order on the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Appendix 1

to the Joint Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 10, 2019 No. 259, on July 12, 2019 No. 63

Criteria for evaluation of risk degree in the field of grain market regulation

Chapter 1. General provisions

1. These Criteria for evaluation of degree of risks in the field of grain market regulation (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 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. 17371), for reference of subjects of control in the field of regulation of the market of grain 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) insignificant violation - violation of the requirements established by regulatory legal acts in the field of grain regarding the wrong maintaining documentation in the field of the grain market;

2) considerable violation - violation of the requirements established by regulatory legal acts in the field of grain regarding holding actions for transfer of grain into winter storage conditions, discrepancy of processing equipment, not providing information and documentation in the field of the grain market;

3) objective criteria - the criteria for evaluation of risk degree used for selection of subjects (objects) depending on risk degree in the field of regulation of the market of grain and which are not depending directly on separate subject (object);

4) gross violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of regulation of the market of grain, attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" regarding violation which can lead to deterioration in quantitative and qualitative safety of grain, including to the facts of loss and spoil of grain, non-compliance with storage conditions of grain, non-execution by cereal receiving points of obligations according to the grain receipts issued by them, availability of the confirmed claims and addresses from participants of the grain market on control subjects;

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

6) subjects - legal entities (cereal receiving points) performing the activities connected with production, storage, transportation, conversion and realization of grain and also the local executive bodies exercising the state control of cereal receiving points;

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