JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of January 19, 2022 No. 54, on January 19, 2022 No. 5

About approval of criteria for evaluation of risk degree and checking sheets in the field of estimative activities concerning chambers of appraisers

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 in the field of estimative activities concerning chambers of appraisers according to appendix 1 to this joint order;

2) checking leaf in the field of estimative activities concerning chambers of appraisers according to appendix 2 to this joint order.

2. To provide to committee of internal state audit of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance 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 joint order on the supervising vice-Minister of Finance of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days from the date of its first official publication.

Appendix 1

to the joint Order of the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of January 19, 2022 No. 54, on January 19, 2022 No. 5

Criteria for evaluation of risk degree in the field of estimative activities concerning chambers of appraisers

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of estimative activities concerning chambers of appraisers (further – Criteria) are developed according to Article 141 and article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577) and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371), for reference of the subjects of control performing estimative activities to risk degrees.

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) the subject of control – the self-regulatory organization in the field of professional activity created for the purpose of control of quality of estimative activities of her members, protection of the rights and legitimate interests of appraisers;

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

4) considerable violation – violation of the requirements established by the Law, regulatory legal acts of the Republic of Kazakhstan in the field of estimative activities adopted for the purpose of implementation of the specified Law which lead to fundamental breaches of the rights, freedoms and legitimate interests of physical persons and legal entities;

5) insignificant violation – violation of the requirements established by the Law, regulatory legal acts of the Republic of Kazakhstan in the field of estimative activities adopted for the purpose of implementation of the specified Law;

6) gross violation – violation of the requirements established by the Law, regulatory legal acts of the Republic of Kazakhstan in the field of estimative activities adopted for the purpose of implementation of the specified Law, attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan "About administrative offenses" and also violation of conditions of creation by the self-regulatory organization based on obligatory membership;

7) risk – probability of damnification as a result of activities of the subject 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 of control on risk degrees for the subsequent implementation of preventive control with visit of the subject 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 the specific subject of control and (or) release of such subject of control from preventive control with visit of the subject of control;

9) objective criteria for evaluation of risk degree (further – objective criteria) – the criteria for evaluation of risk degree used for selection of subjects of control depending on risk degree in estimative activities and which are not depending directly on the certain subject of control;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info