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

of March 14, 2022 No. 140-HK, 15 of March, 2022 No. 23

About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about accreditation in the field of assessment of conformity

(as amended on 12-06-2023)

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

1. Approve enclosed:

1) criteria for evaluation of risk degree behind observance of zakonodatelst of the Republic of Kazakhstan about accreditation in the field of assessment of conformity according to appendix 1 to this joint order;

2) checking leaf behind observance of zakonodatelst of the Republic of Kazakhstan about accreditation in the field of assessment of conformity concerning accreditation body according to appendix 2 to this joint order;

3) checking leaf behind observance of zakonodatelst of the Republic of Kazakhstan about accreditation in the field of assessment of conformity concerning the legal entities performing metrological certification of techniques of accomplishment of measurements according to appendix 3 to this joint order;

4) checking leaf behind observance of zakonodatelst of the Republic of Kazakhstan about accreditation in the field of assessment of conformity concerning testing laboratory (center) according to appendix 4 to this joint order;

5) checking leaf behind observance of zakonodatelst of the Republic of Kazakhstan about accreditation in the field of assessment of conformity concerning body for confirmation of conformity and test laboratory (center) according to appendix 5 to this joint order.

2. To provide to committee of technical regulation and metrology 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 after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

__________ A. Kuantyrov

The deputy prime minister of the Republic of Kazakhstan is the 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 Deputy prime minister of the Republic of Kazakhstan - the Minister of Trade and integration of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of March 14, 2022 No. 140-HK, 15 of March, 2022 No. 23

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about accreditation in the field of assessment of conformity

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of the legislation on accreditation and assessments of conformity (further – Criteria) are developed for selection of subjects (objects) of control 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 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 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts at No. 28577).

2. In these Criteria the following concepts are used:

1) risk in the field of accreditation and assessment of conformity – probability of damnification as a result of activities of the subject of control of life or to health of the person, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its consequences;

2) subjects (objects) of control are subjects (objects) the performing activities for accreditation, metrological certification of techniques of accomplishment of measurements, checking of measuring instruments, testing, work on confirmation of conformity of products, processes, services;

3) point – quantitative measure of calculation of risk;

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

5) considerable violations – the violations of requirements of the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity creating the prerequisites for emergence of threat of harm of life, to health of the population infringing on legitimate interests of physical persons and legal entities, the states;

6) insignificant violations – the violations of requirements of the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity which are not relating to considerable and gross violations;

7) gross violations – the violations of requirements of the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity attracting the unreasonable issue and (or) not issue of documents of assessment of conformity and certificates of accreditation creating the threats of harm of life, to health of the population infringing on legitimate interests of physical persons and legal entities;

8) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects (objects) of control to various risk degrees;

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

10) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control.

11) 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 sphere of accreditation and assessment of conformity, 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;

12) the checking sheet - the list of requirements imposed to activities of subjects (objects) of control which non-compliance involves threat of life and to health of the person, legitimate interests of physical persons and legal entities, the states;

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