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I.O'S ORDER. MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of July 25, 2019 No. 7

About approval of provision of Republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" and its territorial subdivisions

(as amended on 25-02-2022)

According to the order of the Government of the Republic of Kazakhstan of July 10, 2019 No. 497 "About measures for implementation of Presidential decrees of the Republic of Kazakhstan of June 17, 2019 No. 17 and of July 1, 2019 No. 46 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve

1) the Provision of Republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 1 to this order;

2) the Provision of Republican public institution "Department on consumer protection of Akmola area of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 2 to this order;

3) the Provision of Republican public institution "Department on consumer protection of the Aktyubinsk region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 3 to this order;

4) the Provision of Republican public institution "Department on consumer protection of Almaty region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 4 to this order;

5) the Provision of Republican public institution "Department on consumer protection of Atyrau area of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 5 to this order;

6) the Provision of Republican public institution "Department on consumer protection of the East Kazakhstan region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 6 to this order;

7) the Provision of Republican public institution "Department on consumer protection of Jambyl area of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 7 to this order;

8) Provision of Republican public institution "Department on consumer protection of the West Kazakhstan region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 8 to this order;

9) the Provision of Republican public institution "Department on consumer protection of the Karaganda region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 9 to this order;

10) the Provision of Republican public institution "Department on consumer protection of the Kostanay region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 10 to this order;

11) the Provision of Republican public institution "Department on consumer protection of Kyzylorda area of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 11 to this order;

12) the Provision of Republican public institution "Department on consumer protection of Mangystau Region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 12 to this order;

13) the Provision of Republican public institution "Department on consumer protection of the Pavlodar region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 13 to this order;

14) the Provision of Republican public institution "Department on consumer protection of the North Kazakhstan area of Committee on protection of the rights of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 14 to this order;

15) the Provision of Republican public institution "Department on consumer protection of the Turkestan region of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 15 to this order;

16) the Provision of Republican public institution "Department on consumer protection of the city Nur-Sultan Komiteta on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 16 to this order;

17) the Provision of Republican public institution "Department on consumer protection of the city of Almaty of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 17 to this order;

18) the Provision of Republican public institution "Department on consumer protection of the city of Shymkent of Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 18 to this order.

2. To provide to committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan:

1) within ten calendar days from the date of approval of this order the direction it electronically 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 the Ministries 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;

2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

4. This order becomes effective from the date of its signing, except for paragraphs of the tenth, eleventh and twenty third Item 1 of this order which become effective since January 1, 2021 according to the Law of the Republic of Kazakhstan of June 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning consumer protection".

Acting minister of trade and integration of the Republic of Kazakhstan

Zh. Kushukova

Appendix 1

to the Order of the acting minister of trade and integration of the Republic of Kazakhstan of July 25, 2019 No. 7

Provision of Republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan"

1. General provisions

1. The republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of Trade and integration of the Republic of Kazakhstan (further - the Ministry) performing within the competence management and regulation in the sphere of consumer protection, performing cross-industry coordination.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan has accounts in bodies of treasury.

4. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

5. The committee on questions of the competence, in the procedure established by the legislation of the Republic of Kazakhstan, makes the decisions which are drawn up by orders of the Chairman of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

6. The structure and limit of the number of staff of Committee affirms according to the current legislation.

7. Committee location - Republic of Kazakhstan, 010000, Nour-Sultan's city, area Esil, Prospekt Mang_l_k El, house 8 office building "House of the ministries", entrance 2.

8. Full name of Committee:

in state language - "Kazakstan Respublikasy Saod of Zhane integration ministrl_g_ Tutynushylardyn kukyktaryn to korga committee і" respublikalyk memlekett_k mekemes і;

in Russian - Republican public institution "Committee on consumer protection of the Ministry of Trade and integration of the Republic of Kazakhstan".

9. This Provision is the constituent document of Committee.

10. Financing of activities of Committee is performed at the expense of means of the republican budget.

11. The committee is not allowed to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

2. Mission, main objectives, functions, rights and obligations

12. Mission of Committee: forming of complete and effective policy in the sphere of consumer protection.

13. Task:

1) implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of consumer protection;

2) ensuring realization of state policy in the sphere of consumer protection.

14. Functions:

1) ensuring realization of state policy in the sphere of consumer protection;

2) entering of offers into the Government of the Republic of Kazakhstan in the main directions of state policy in the sphere of consumer protection;

3) implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of consumer protection;

3-1) ensuring activities of Interdepartmental council for consumer protection;

4) development of regulatory legal acts in the sphere of consumer protection;

5) carrying out the semi-annual, annual analysis of claims of consumers and the annual analysis of activities of state bodies concerning consumer protection;

6) introduction the offer (recommendation) to state bodies about cancellation of the decisions made by them with violation of this Law and other regulatory legal acts in the sphere of consumer protection;

6-1) development of the list of subjects of pre-judicial settlement of consumer disputes;

6-2) carrying out the analysis of claims of the consumers including arriving by means of the Unified information system of consumer protection, activities of state bodies concerning consumer protection and subjects of pre-judicial settlement of consumer disputes;

6-3) development of rules on forming, maintaining and use of the Unified information system of consumer protection;

7) implementation of informing, consultation, education, increase in legal literacy of consumers in questions of protection of the rights and legitimate interests;

8) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

9) appeal to the court concerning protection of the rights of uncertain circle of consumers in cases of violation of the rights more than ten consumers on the same question;

10) implementation of international cooperation in the sphere of consumer protection;

11) implementation of forming, realization, monitoring of realization and assessment of results of the state social order on carrying out researches, information and educational work, to rendering the consulting help to the population concerning consumer protection and representative services to consumers in recovery of their violated the rights and legitimate interests;

12) development of offers on forming and realization of state policy in the sphere of consumer protection;

12-1) implementation of the state control of compliance with law of the Republic of Kazakhstan about consumer protection in the form of unscheduled inspection according to the Entrepreneurial code of the Republic of Kazakhstan and preventive control without visit of subject (object) of control according to the Law of the Republic of Kazakhstan "About consumer protection;

12-2) carrying out preventive control without visit of subject (object) of control based on information and the reporting received from state bodies, subjects of pre-judicial settlement of consumer disputes, representatives of legitimate interests of consumers including through the Unified information system of consumer protection, and also through mass media, on the facts of violations of the law of the Republic of Kazakhstan about consumer protection;

12-3) ensuring forming and maintaining Unified information system of consumer protection and its mobile version;

13) interaction with state bodies, physical persons and legal entities, non-governmental organizations, public associations of consumers concerning consumer protection;

14) the organization and carrying out advanced training and retraining of personnel in the sphere of consumer protection;

15) annual submission of the report to the Government of the Republic of Kazakhstan about the results of the carried-out work on questions of consumer protection discussed on Interdepartmental council on consumer protection which is placed in mass media;

16) consideration of appeals of physical persons and legal entities concerning consumer protection;

17) challenge in bodies for consumer protection of physical, official, legal entities for consideration of the facts of violation of the law of the Republic of Kazakhstan within the competence.

15. The committee performs other functions, stipulated by the legislation the Republic of Kazakhstan.

16. Enter the rights of Committee:

1) to request and receive information on questions of consumer protection from state bodies, physical persons and legal entities;

2) to coordinate work of local executive bodies in the sphere of consumer protection;

3) to coordinate work of territorial subdivisions concerning the main activities, planning and execution of the republican budget;

4) to take a legal action in case of failure to carry out or inadequate accomplishment by physical persons and legal entities of legal requirements, the resolutions issued by officials of bodies and divisions in the sphere of consumer protection;

5) to organize rendering the methodological and advisory help to territorial subdivisions and organizations in the regulated sphere, to legal entities and physical persons on the questions entering competence;

6) to conclude memorandums (agreements) with heads of local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;

To create 7) advisory and consultative and commissions of experts concerning consumer protection;

8) to publish legal acts within the competence;

8-1) to demand from territorial subdivisions of Department of timely and exact execution of orders and orders of the Ministry and Committee;

9) to request and receive from structural divisions of the Ministry, state bodies, the organizations, their officials of necessary information and materials;

10) implementation of other rights provided by the current legislation of the Republic of Kazakhstan.

Belongs to duties of Committee:

1) to keep financial accounting and to create the financial reporting;

2) not to disclose information, component commercial, office, other, protected by the law, the secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

3) to carry out the analysis of application of the legislation of the Republic of Kazakhstan in the regulated sphere;

4) to propagandize knowledge of questions of consumer protection;

5) to adopt regulatory legal acts, obligatory for execution, within the competence;

6) ensuring realization of the tasks and functions assigned to Committee;

7) compliance with law of the Republic of Kazakhstan, it is right also the physical persons and legal entities protected by the law interests;

8) preparation of explanations on the questions entering competence of Committee;

9) submission of required materials and references within the competence and within the legislation in case of official request for it by structural divisions of the Ministry and state bodies;

10) ensuring safety of the state-owned property which is on balance of Committee.

3. Organization of activities of Committee

17. The committee has the powers necessary for realization of its main objectives and functions according to legal acts, acts of the President of the Republic of Kazakhstan other regulatory legal acts of the Republic of Kazakhstan.

18. The committee is headed by the Chairman appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.

19. The chairman of Committee has deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

20. The chairman of Committee performs the common directorship of activities of Committee and bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

21. Powers of the Chairman of Committee:

1) in the procedure established by the legislation appoints to positions and dismisses employees of Committee, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

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