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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. 139-HK, 15 of March, 2022 No. 24

About approval of criteria for evaluation of risk degree and checking sheets in the field of ensuring unity of measurements

According to Item 3 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 for selection of subjects (objects) of control in the field of ensuring unity of measurements according to appendix 1 to this joint order;

2) checking leaf in the sphere of the state control in the field of ensuring unity of measurements according to appendix 2 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 - 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. 139-HK, 15 of March, 2022 No. 24

Criteria for evaluation of risk degree for selection of subjects (objects) of control in the field of ensuring unity of measurements

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of ensuring unity of measurements (further – Criteria) are developed for selection of subjects (objects) of control according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by 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. 17371).

2. In these Criteria the following concepts are used:

1) considerable violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of ensuring unity of measurements creating prerequisites on damnification of life, to health of the person, the environment, including plant and animal life and the infringing legitimate interests of physical persons and legal entities, the states;

2) insignificant violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of ensuring unity of measurements which are not relating to considerable and gross violations;

3) subjects (objects) of control in the field of ensuring unity of measurements – the physical persons or legal entities performing the activities connected with ensuring unity of measurements in the territory of the Republic of Kazakhstan;

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

5) gross violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of ensuring unity of measurements attracting direct damnification of life, to health of the person, the environment, including plant and animal life and the infringing legitimate interests of physical persons and legal entities, the states;

6) 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;

7) 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;

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

3. Criteria for evaluation of risk degree in the field of ensuring unity of measurements for preventive control with visit of subject (object) of control are created by means of objective and subjective criteria.

Chapter 2. Objective criteria

4. In the field of ensuring unity of measurements subjects (objects) of control the performing types of activity connected using measuring instruments, techniques of accomplishment of the measurements established by lists of the measurements relating to state regulation and regulatory legal acts, and also the compliance of quantity connected with establishment by the packed-up manufacturer or the seller of products in packagings of any kind and also delivered by the importer of packaged products in case of its realization and products alienated when making trading activities belong to high risk by objective criteria.

5. Subjects the performing production of standard samples, the certified mixes, testing gas mixes treat subjects (objects) which are not carried to high risk by objective criteria in the field of ensuring unity of measurements.

Subjective criteria for the purpose of carrying out preventive control with visit of subject (object) of control are applied to subjects (objects) of control carried by objective criteria to high risk.

Concerning the subjects of control which are not carried to high risk unscheduled inspections and preventive control without visit of subject (object) are carried out.

Chapter 3. Subjective criteria

6. Determination of subjective criteria is performed using the following stages:

1) information analysis and risks assessment;

2) forming of the database and information collection.

7. Based on the available sources of information the following subjective criteria are created:

1) by results of the monitoring of the reporting and data represented by the subject of control including by means of the automated information systems, carried out by state bodies, organizations and the industry organizations according to appendix 1 to these Criteria;

2) by results of the previous checks and preventive control with visit of subjects (objects) of control in the field of ensuring unity of measurements (severity of violation is established in case of non-compliance with the listed requirements), according to appendix 2 to these Criteria;

3) according to the confirmed claims and addresses, according to appendix 3 to these Criteria;

4) on analysis results of the data provided by state bodies and the organizations, law enforcement agencies according to appendix 4 to these Criteria;

5) on analysis results of official Internet resources of state bodies, mass media, in case of availability, the ratings of "violators", the list of the revealed violations by results of laboratory researches, according to appendix 5 to these Criteria;

6) by results of preventive control without visit of subject (object) of control according to appendix 6 to these Criteria.

8. Criteria for evaluation of risk degree are divided into 3 (three) severity of requirements: rough, considerable, insignificant.

9. In case of identification of one gross violation, to the subject of control the exponent of risk 100 (hundred) is equated and concerning it preventive control with visit of subject (object) of control is carried out.

If gross violations are not revealed, then for measure definition of risk degree the total indicator on violations of considerable and insignificant degree is calculated.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7

where:

SRZ – indicator of considerable violations;

SP1 – the required number of considerable violations;

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