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I.O'S ORDER. ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2020 No. 162

About approval of Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results

(as amended of the Order of the Attorney-General of the Republic of Kazakhstan of 31.05.2021 No. 74)

According to part 2 of article 146 of the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results according to appendix 1 to this order.

2. Recognize invalid some orders of the Attorney-General of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

3) the direction of the copy of this order for data to the interested state bodies, heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, prosecutors of areas, cities of republican value, the capital and equated to them, and also to territorial authorities of Committee.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order is subject to official publication and becomes effective since January 1, 2021.

Deputy. Attorney-General of the Republic of Kazakhstan

B. Asylov

Appendix 1

to the Order of the deputy. The Attorney-General of the Republic of Kazakhstan of December 25, 2020 No. 162

Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results

Chapter 1. General provisions

1. These rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results (further - Rules) establish order of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision (further - preventive control and supervision) and their cancellations, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision and their results for control facilities and supervision.

2. In these rules the following concepts are used:

1) system of risks assessment - complex of the events held by control facility and supervision for the purpose of purpose of checks and preventive control and supervision;

2) the checked objects - the property which is on the property right or other legal cause at the checked subject, subject to control and supervision;

3) the Unified register of subjects and objects of checks (further - ERSOP) - the information system which contains the registration brought by the subject and accounting of the data on checks, preventive control and supervision and also is performed their registration electronically;

4) the checked subjects - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;

5) subjects of registration and accounting - the state bodies authorized by the laws of the Republic of Kazakhstan on conducting checks of activities of physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;

6) authorized body - the state body performing within the competence statistical activities in the field of legal statistics and special accounting;

7) QR code - type of matrix barcodes or two-dimensional bar codes.

3. The order of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision and their results includes registration, refusal, cancellation:

acts of purpose of check, preventive control and supervision (further - acts of appointment);

additional acts of prolongation of review period and preventive control and supervision (further - additional acts);

accounting of acts of results of check, instructions on the revealed violations, provision of information accounting documents (further IUD) about check and preventive control and supervision.

Treat IUD "Accounting card of the data on check, preventive control and supervision performed by state body" (further - card No. 1-P) in form according to appendix 1 to these rules, the coupon notification about suspension or renewal of check, preventive control and supervision, and also change of list of their participants in form according to appendix 2 to these rules (further - the coupon notification), the coupon about results of check, preventive control and supervision on form according to appendix 3 to these rules (further - the coupon about results).

4. Accounting of checks and preventive control and supervision is performed by authorized body in ERSOP.

The electronic format of registration and accounting of checks, preventive control and supervision, automation of risk management processes of state bodies, the organization of interaction when implementing registration of checks of state bodies, and also integration with departmental systems on control and supervision of state bodies create ERSOP.

Forming of ERSOP and interaction of systems is performed step by step, proceeding from technical readiness, according to the principle of territoriality of finding of the checked subjects (objects) of check, and also state body, in electronic format.

Chapter 2. Order of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision, and also maintaining ERSOP

5. The act of appointment, the additional act, except for the counter checks performed by bodies of state revenues according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" of December 25, 2017 (further - the Tax code), without fail are registered in authorized body.

Paragraph 1. Registration of acts of appointment, additional acts

6. Registration of acts of appointment is performed in electronic or paper forms prior to check and preventive control and supervision in authorized body in the location of subject (object) of control and supervision.

At the same time, the subject of registration and accounting draws up the act of appointment to each subject of control and supervision.

In the cases provided by Articles 140, 144 Entrepreneurial codes registration of acts of purpose of checks it is made in authorized body during the next working day after the beginning of check.

In case, the stipulated in Article 15-3 Laws of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" registration of the act of purpose of check is made in authorized body no later than two working days after the beginning of check.

The additional act is registered in authorized body in the location of subject (object) of control and supervision in electronic or paper forms no later than one working day before completion of review period or preventive control and supervision.

7. Electronic registration of acts of appointment, additional acts is performed by the subject of registration and accounting in ERSOP by the filling of details of card of form No. 1-P, the requirements which are subject to check, preventive control and supervision specified in checking leaf with investment of the following documents:

1) basis for purpose of unscheduled inspection, stipulated in Item 3 articles 144 of the Entrepreneurial code.

For registration of unscheduled inspection on the basis:

subitem 1-1) of Item 3 of article 144 of the Entrepreneurial code, the subject of registration and accounting provides information on non-execution of the instruction on elimination of the revealed considerable and insignificant violations or on non-presentation of information on execution of the instruction more than once;

subitems 2), 3), 4) of Item 3 of article 144 of the Entrepreneurial code, the subject of registration and accounting provides in case of registration in authorized body information confirming the facts of specific damnification or violation of the rights or emergence of threat of damnification;

the subitem 7) of Item 3 of article 144 of the Entrepreneurial code, the subject of registration and accounting provides information on the civil relations of the checked subject within the checked question;

2) notifications on the beginning of conducting check or preventive control and supervision, stipulated in Item 1 article 147 of the Entrepreneurial code.

The subject of registration and accounting provides in territorial authority of authorized body the materials which formed the basis for its carrying out in the cases provided by Items 6, of the 8th Article 144, Item 3 of article 146 of the Entrepreneurial code.

8. When maintaining the departmental automated systems of accounting of checks, preventive control and supervision the documents specified in Items 7, of 11 these rules go by means of integration interaction to ERSOP.

9. In case of registration of acts of appointment, additional acts, the subject of registration and accounting prints out from ERSOP the act of purpose of check in electronic format, in form, according to appendix 4 to these rules, the additional act in electronic format in form, according to appendix 5 to these rules in which the QR code is reflected.

10. In cases of technical failures (shutdown/damage of power supply and the communication networks, failures of work of information system) which entailed lack of access to ERSOP (further - technical failures), the subject of registration and accounting sends to authorized body the act of appointment in paper format, the additional act in paper format for registration in the paper magazine of registration of checks and preventive control and supervision in form, according to appendix 6 to these rules.

The act of appointment in form, according to appendix 7 to these rules, the additional act in form, according to appendix 8 to these rules, are registered by putting down on paper format of stamp about registration of acts of purpose of check, about purpose of preventive control and supervision, the additional act of prolongation of review periods, preventive control and supervision in form, according to appendix 9 to these rules.

11. In case of registration of acts of appointment, additional acts in paper format the subject of registration and accounting provides:

1) the documents specified in Item 7 of these rules;

2) original and copy of the act of appointment or additional act in duplicate;

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