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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 8, 2021 No. 219

About approval of Rules of remuneration of persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact

According to Item 14 of article 22 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" the Government of the Republic of Kazakhstan DECIDES: (Tax code)

1. Approve the enclosed Rules of remuneration of persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of April 8, 2021 No. 219

Rules of remuneration of persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact

Chapter 1. General provisions

1. These rules of remuneration of persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact (further - Rules) are developed according to Item 14 of article 22 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code) and determine procedure for remuneration of persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact (further - the violation fact).

2. Financing of remunerations is performed at the expense of means of the republican budget.

3. Person who reported about the violation facts in case of confirmation of such fact is subject to remuneration in the amount of 1 000 (one thousand) tenges.

Chapter 2. Conditions and payment procedure of remuneration to persons who reported about the facts of violation of application of cash register and the equipment (device) intended for acceptance of payments with use of payment cards in case of confirmation of such fact

4. Person reports in territorial authorities of state revenues about the violation facts by means of mobile application with filling of data:

1) about the violation facts (check lack of distribution, refusal in acceptance of bank card) with violation video fixing investment;

2) the subject of entrepreneurship, the private notary, including the address of the place of implementation of activities allowing to identify, the name of the object connected with the taxation (in case of its availability), the room of boutique and the floor in trading house (in case of its availability), number of the place in the market (in case of its availability), number of office and the floor (in case of its availability);

3) allowing to identify the applicant: surname, name and middle name (in case of its availability) and its individual identification number;

4) about consent in obtaining or about refusal in receipt of remuneration for the message on the violation fact.

5. In the message on the fact of violation the territorial authority of state revenues in the place of making of violation is specified.

6. The messages which are not conforming to requirements of item 4 of these rules are not considered.

7. In case of receipt of the message specifying the violation fact, the territorial authority of state revenues establishes in operation (failure to act) of the subject of entrepreneurship, the private notary availability or lack of violations of requirements of Item 11 of article 25 of the Law of the Republic of Kazakhstan of July 26, 2016 "About payments and payment systems" and Chapter 19 of the Tax code.

8. In case of violation factual determination, the territorial authority of state revenues applies measures for involvement of person who made the violation specified in Item 7 of these rules to the administrative responsibility according to Chapters 15 and 16 of the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" (further - the Administrative Code).

9. Confirmation of the fact of violation is the resolution on imposing of administrative punishment which took legal effect or payment of administrative penalty according to the procedure of the article 897 Administrative Code.

The result of confirmation/non-confirmation of the fact of violation is fixed in mobile application.

10. The fact of violation is recognized unconfirmed in case of availability of the circumstances excluding proceeedings about administrative offense, provided by part one of the article 741 Administrative Code.

11. Remuneration is transferred by the operator who is the winner (according to the legislation on public procurements) tender on transfer of the amounts of remunerations according to these rules, to balance of the mobile phone specified by person who reported about the violation fact within 15 (fifteen) working days from the date of confirmation of the fact of violation.

12. Remuneration in the form of paid amounts based on these rules is made according to the legislation on public procurements and the budget legislation.

13. Collection, processing and personal data protection in case of remuneration of persons who reported about the violation facts are performed according to the legislation of the Republic of Kazakhstan on personal data and their protection.

 

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