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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

(as amended on 13-06-2023)

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 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 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. 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 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) point – quantitative measure of calculation of risk;

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

3) 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;

4) 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 and the infringing legitimate interests of physical persons and legal entities, the states;

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 and the infringing legitimate interests of physical persons and legal entities, the states;

6) subjects 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;

7) 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, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its consequences;

8) 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;

9) 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;

10) 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;

11) 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;

12) 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 field of ensuring unity of measurements, 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;

13) sample (selection) – the list of the estimated subjects (objects) carried to uniform group of subjects (objects) of control according to Item 2 of article 143 of the Code.

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. Determination of objective criteria is performed by means of risk identification.

5. Risk identification is performed depending on specifics of the sphere in which the state control taking into account one of the following criteria is exercised:

1) level of danger (complexity) of object;

2) scales of weight of possible negative consequences, harm on the regulated sphere (area);

3) possibilities of approach of adverse incident for legitimate interests of physical persons and legal entities, states.

6. After carrying out the analysis of all possible risks subjects (objects) of control are distributed on three risk degrees (high, average and low).

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