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I.O.'S ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2021 No. 394

About approval of technique of determination of the amount of the economic benefit received as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan

According to part three of item 4 of article 176  of the Ecological code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Technique of determination of the amount of the economic benefit received as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan.

2. To provide to committee of ecological regulation and control of Ministry of Ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on Internet resource of Ministry of Ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of Ministry of Ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication and extends to the legal relationship which arose since July 1, 2021.

Acting Minister of ecology, geology and natural resources of the Republic of Kazakhstan

A. Primkulov

 

"Is approved"

Ministry of the industry and infrastructure development of the Republic of Kazakhstan

 

"Is approved"

Ministry of Finance of the Republic of Kazakhstan

 

"Is approved"

Ministry of national economy of the Republic of Kazakhstan

 

"Is approved"

Department of Energy of the Republic of Kazakhstan

 

Approved by the Order of the Acting Minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 30, 2021 No. 394

Technique of determination of the amount of the economic benefit received as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan

Chapter 1. General provisions

1. This Technique of determination of the amount of the economic benefit received as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan (further – the Technique), is developed according to part three of item 4 of article 176 of the Ecological code of the Republic of Kazakhstan (further – the Code) and establishes technique of determination of the amount of the economic benefit received by subjects of control as a result of violation of requirements of the ecological legislation.

2. In this Technique the following basic concepts are used:

1) the economic benefit received by the subject of control as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan (further – economic benefit) – receipt of benefit by the subject of control in the form of economy of money or income acquisition (revenue) as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan;

2) subjects of control – physical persons, individual entrepreneurs, legal entities, branches and representations of legal entities behind which activities the state environmental control is exercised.

3. The amount of economic benefit is determined according to this Technique the officials exercising the state environmental control in identification cases when carrying out the state environmental control of administrative offense for which making the Code of the Republic of Kazakhstan about administrative offenses (further – the Administrative Code) provides imposing of penalty which amount is expressed percentage of the amount of economic benefit.

4. The officials exercising the state environmental control from the date of factual determination of making by the subject of control of administrative offense for which making imposing of penalty which amount is expressed percentage of the amount of economic benefit is provided carry out in a month collection and the analysis of materials, request necessary information from such subject of control and determine the amount of economic benefit.

5. The amount of economic benefit in the form of receipt of the income (revenue) by the subject of control is determined in case of identification of the fact of implementation of anthropogenous impact on the environment without ecological permission when its obtaining was obligatory for the object which is again put into operation making negative impact on the environment or without obligatory declaration on impact on the environment.

6. In case of identification of others, in addition to specified in Item 5 of this Technique, administrative offenses for which making according to the subitem 1) of Item 1 of the article 44 Administrative Code imposing of penalty which amount is expressed percentage of the amount of economic benefit is provided, the amount of economic benefit is determined in the form of economy by the subject of control of money as a result of violation of requirements of the ecological legislation of the Republic of Kazakhstan (further – economy of money).

7. Economy of money is formed by delay of expenses which the subject of control would incur in case of full and timely compliance with relevant requirements of the ecological legislation of the Republic of Kazakhstan, or by evasion from such expenses.

8. Economy of money by delay of expenses arises in cases when the subject of control timely did not incur the one-off expenses necessary for fulfillment of requirements of the ecological legislation of the Republic of Kazakhstan.

9. Economy of money by evasion from expenses arises in cases when the subject of control avoided the current (periodic) expenses which he would incur during certain period, in case of observance of requirements of the ecological legislation of the Republic of Kazakhstan.

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