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JOINT ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2021 No. 439-HK, 1 of July, 2021 No. 68

About approval of criteria for evaluation of risk degree and checking leaf behind compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations

(as amended on 17-05-2023)

According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations according to appendix 1 to this joint order;

2) checking leaf behind compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations according to appendix 2 to this joint order.

2. To provide to department of domestic trade of the Ministry of Trade and integration of the Republic of Kazakhstan in the procedure established by the legislation:

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

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

3. To impose control of execution of this joint order on the supervising vice-Ministers of Trade and integration, national economy of the Republic of Kazakhstan.

4. This joint order becomes effective since July 1, 2021 and is subject to official publication.

Minister of national economy of the Republic of Kazakhstan

__________ A. Irgaliyev

Minister of Trade and integration of the Republic of Kazakhstan

__________ B. Sultanov

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

 

Appendix 1

to the joint Order of the Minister of Trade and integration of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 30, 2021 No. 439-HK, 1 of July, 2021 No. 68

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations

Chapter 1. General provisions

1. These criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations (further – Criteria) are developed according to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), and also Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 23, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts for No. 28577).

2. In these Criteria the following concepts are used:

1) subjects (objects) of control – individual entrepreneurs and legal entities behind which activities control of compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations is exercised;

2) point – quantitative measure of calculation of risk;

3) insignificant violations – the violation connected with lack of the commodity and accompanying documents on food products processed by the manufacturer or the supplier (seller);

4) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

5) considerable violations - the violations connected with lack of the delivery agreement of food products, availability of one confirmed claim or request for compliance with law of the Republic of Kazakhstan on regulation of trading activity regarding observance of the size of the trade allowance on socially important food products and remunerations;

6) gross violations - the violations connected with not establishment of the extreme size of the trade allowance no more than fifteen percent from selling price of the producer or purchase price of the wholesale supplier specified in the delivery agreement of socially important food product, excess by the subject of domestic trade of the extreme size of the trade allowance more than fifteen percent from selling price of the producer or purchase price of the wholesale supplier specified in the delivery agreement of socially important food product, excess by the subject of domestic trade performing sales activity of goods by means of the organization of retail chain stores or large shopping facilities five-percent amount of remuneration from the price of the acquired food products in case of the conclusion of the contract of delivery of food products with the supplier of food products or the illegal requirement it remunerations in connection with acquisition of socially important food products;

7) risk – probability of damnification as a result of activities of subject (object) of control to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

8) system of assessment and risk management – process of acceptance of the management decisions directed to decrease in probability of approach of adverse factors by distribution of subjects (objects) of control on risk degrees for the subsequent implementation of preventive control with visit of subject (object) of control for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time admissible risk level in the corresponding fields of activity, and also directed to change of risk level for specific subject (object) of control and (or) release of such subject (object) of control from preventive control with visit of subject (object) of control;

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