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I.O.'S ORDER OF THE 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"

I ORDER:

1. Approve Rules of forming by regulatory state agencies of system of assessment and risk management according to appendix 1 to this order.

2. Bring in 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 of the Republic of Kazakhstan at No. 17371) the following changes:

state heading in the following edition:

"About approval of form of checking leaf";

state preamble in the following edition:

"According to the subitem 3) Item 2 of article 85 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:";

1) of Item 1 to exclude the subitem;

to state the form of checking leaf approved by the specified order in edition according to appendix 2 to this order.

3. To provide to department of policy of development of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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 the Ministry of national economy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the first vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication, except for Item 1 and the paragraph of the sixth Item 2, which become effective since January 1, 2023.

I.o of the minister of national economy of the Republic of Kazakhstan

T. Zhaksylykov

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 Order i.o the Minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48

Rules of forming by regulatory state agencies of system of assessment and risk management

Chapter 1. General provisions

1. These rules of forming by regulatory state agencies of system of assessment and risk management (further – Rules) are developed according to subitem 5-2) of Item 2 of article 85 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for forming by regulatory state agencies of system of assessment and risk management.

2. Rules are intended for development of criteria for evaluation of risk degree by regulatory state agencies and risk management for selection of subjects (objects) of control and supervision for the purpose of carrying out the inspections which are carried out on compliance to qualification or allowing requirements on the issued permissions, requirements for directed notifications according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – check on compliance to requirements) and preventive control with visit of subject (object) of control and supervision, and also development of the checking sheets approved according to Item 2 of Article 132, Article 141 and Items 2 and 3 of article 143 of the Code.

3. In these rules the following basic concepts are used:

1) risk – probability of damnification as a result of activities of the subject of control and supervision 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 effects;

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

3) 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 and supervision depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control and supervision;

4) 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 and supervision depending on results of activities of specific subject (object) of control and supervision;

5) 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 and supervision on risk degrees for the subsequent implementation of preventive control with visit of subject (object) of control and supervision and (or) checks on compliance to requirements 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 specific subject (object) of control and supervision and (or) release of such subject (object) of control and supervision from preventive control with visit of subject (object) of control and supervision and (or) checks on compliance to requirements;

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