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 terms of preventive control with visit of subject (object) of control and supervision and (or) check, refusal in their registration and cancellations, notifications on suspension, renewal, prolongation of terms of preventive control with visit of subject (object) of control and supervision and (or) check, change of list of participants and submission of information accounting documents on preventive control with visit of subject (object) of control and supervision and (or) check and their results

According to Item 2 of article 146 of the Entrepreneurial code of the Republic of Kazakhstan, being guided by the subitem 37) of Item 19 of the Regulations on the Prosecutor General's Office of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of October 13, 2017 No. 563 "About some questions of bodies of prosecutor's office of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of registration of acts of appointment, additional acts of prolongation of terms of preventive control with visit of subject (object) of control and supervision and (or) check, refusal in their registration and cancellations, notifications on suspension, renewal, prolongation of terms of preventive control with visit of subject (object) of control and supervision and (or) check, change of list of participants and submission of information accounting documents on preventive control with visit of subject (object) of control and supervision and (or) check and their results according to appendix 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.

Appendix 1

to the Order of the acting as 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 terms of preventive control with visit of subject (object) of control and supervision and (or) check, refusal in their registration and cancellations, notifications on suspension, renewal, prolongation of terms of preventive control with visit of subject (object) of control and supervision and (or) check, change of list of participants and submission of information accounting documents on preventive control with visit of subject (object) of control and supervision and (or) check and their results

Chapter 1. General provisions

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

2. In these rules the following concepts are used:

1) 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 forms of the state control and also is performed their registration in electronic format;

2) subjects of registration and accounting – the state bodies authorized on carrying out preventive control and checks of activities of physical persons and legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;

3) QR code - type matrix stroke of codes or two-dimensional stroke of codes;

4) authorized body – bodies of legal statistics and special accounting.

3. The order of registration of acts of appointment, additional acts of prolongation of terms of preventive control and (or) check, refusal in their registration and cancellations, notifications on suspension, renewal, prolongation of terms of preventive control and (or) check, change of list of participants and submission of information accounting documents on preventive control with visit of subject (object) of control and supervision and (or) check and their results includes registration, refusal in registration, cancellation:

acts of purpose of preventive control and (or) check, additional acts of prolongation of terms of preventive control and (or) check (further – control acts);

notifications on suspension, renewal, prolongation of terms of preventive control and (or) check, change of list of participants (further – notifications);

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

Subjects of registration and accounting fill in ERSOP of the IUD following form:

"Accounting card of data on preventive control with visit of subject (object) of control and supervision and (or) check" (further – card No. 1-P) in form according to appendix 1 to these rules;

"The coupon notification about suspension, renewal, prolongation of terms of preventive control with visit of subject (object) of control and supervision and (or) check, change of list of participants" in form according to appendix 2 to these rules (further – the coupon notification);

"The coupon about results of the state control" in form according to appendix 3 to these rules (further – the coupon about results).

4. Registration and accounting of preventive control and (or) checks is performed in ERSOP.

Chapter 2. Order of registration of control acts, refusal in their registration and cancellations, notifications on suspension, renewal, prolongation of terms of preventive control and (or) check, change of list of participants and submission of information accounting documents on preventive control and (or) check, and also maintaining ERSOP

Paragraph 1. Registration of control acts

5. Control acts, 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" (further – the Tax code), are registered in authorized body.

6. Registration of control acts is performed in electronic (in cases, stipulated in Item 7 these rules) or paper (in cases, stipulated in Item 10 these rules) forms prior to preventive control and (or) check 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 control act on each subject of control and supervision.

In cases, stipulated in Item the 15th Articles 129, 144, Items 2, 3 articles 146 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Entrepreneurial code) registration of acts of purpose of checks is made by Item 8 of Article during the next working day after the beginning of check.

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

The additional act of prolongation of terms of preventive control and (or) check is registered in authorized body in the location of subject (object) of control and supervision in electronic or paper forms before completion of term of preventive control and (or) check.

In case of prolongation of terms of preventive control and (or) check the subject of registration and accounting notifies the checked subject in one working day prior to prolongation.

7. In the absence of the departmental automated system of accounting of preventive control and (or) checks electronic registration of control acts is performed by the subject of registration and accounting in ERSOP by filling of details of card of form No. 1-P, the requirements which are subject to preventive control and check, specified in checking leaf with investment of the following documents which formed the basis for carrying out preventive control and (or) check:

1) basis for purpose of unscheduled inspection, stipulated in Item 5th article 144 of the Entrepreneurial code.

For registration of unscheduled inspection on the basis:

the subitem 2) of Item 5 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 violations as a result of check and preventive control or about non-presentation of information on execution of the instruction more than once;

the subitem 5) of Item 5 of article 144 of the Entrepreneurial code the subject of registration and accounting provides in case of registration information on concrete facts of damnification of life, health of the person, the environment and legitimate interests of physical persons and legal entities, the states, and also violations of requirements of the legislation of the Republic of Kazakhstan which not elimination attracts damnification of life and to health of the person;

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