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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of September 9, 2022 No. 182

About approval of form of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision and procedure for modification of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision

According to parts four and heel of item 4 of article 144-2 of the Entrepreneurial code of the Republic of Kazakhstan I ORDER:

1. Approve:

1) form of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision according to appendix 1 to this order;

2) Rules about modification of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision according to appendix 2 to this order.

2. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

3) the direction of the copy of this order for data to the interested state bodies, heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, prosecutors of areas, cities of republican value, the capital and equated to them, and also to territorial authorities of Committee.

3. To impose control of execution of this order on the Chairman of Committee.

4. This order is subject to official publication and becomes effective since January 1, 2023.

Attorney-General of the Republic of Kazakhstan

B. Asylov

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of September 9, 2022 No. 182

form

Affirms the act of the first head of regulatory state agency or local executive body

The semi-annual list of carrying out preventive control with visit of subject (object) of control and supervision
on ____ half-year 20 __ years

_____________________________________________________________________________________
                   (name of state body and field of activity,
                             in which the state control is exercised)

№. of payment order

The name of the checked subject

Individual identification number / бизнес-идентификационный number

The name of the checked object

The location of the checked subject (object)

Risk group

Category of entrepreneurship of the checked subject

Date of primary state registration of the checked subject in judicial authorities

1

2

3

4

5

6

7

8

 

Appendix 2

to the Order of the Attorney-General of the Republic of Kazakhstan of September 9, 2022 No. 182

Rules about modification of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision

Chapter 1. General provisions

1. Rules about modification of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision (further – Rules) are developed according to part five of item 4 of article 144-2 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and establish procedure for modification of semi-annual lists of carrying out preventive control with visit of subject (object) of control and supervision (further – the semi-annual list).

2. The procedure for forming of semi-annual lists and their placement on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan (further - Internet resource) is regulated by item 4 of article 144-2 of the Code taking into account requirements of part two of Item 7 of article 141 of the Code.

3. In case of provision by control facility and supervision of semi-annual lists, inappropriate to form of semi-annual lists, according to appendix 1 to this order, the Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) within five working days from the moment of their obtaining returns for elimination of violations.

4. The control facility and supervision within five working days from the moment of their return eliminates violations and sends to Committee, the approved semi-annual lists.

Chapter 2. Procedure for modification of semi-annual lists

5. Changes are brought in the semi-annual lists placed on Internet resource in the following cases:

1) re-registration or change of pattern of ownership of the legal entity, including their branches and representations, and also the reorganization which did not entail change of business and identification number;

2) establishments of the facts of violations of legality during the forming of semi-annual lists, use of system of risks assessment or determination of risk degree concerning subject (object) of control and supervision under acts of public prosecutor's supervision and on the court resolutions which took legal effect;

3) establishments by control facility and supervision of the circumstances exempting subject (object) of control and supervision from preventive control according to semi-annual lists (availability of audit opinion, the moratorium or other temporary suspension of preventive control or activities of the checked subject, bankruptcy or other termination of activities of the subject, death, recognition of the subject of the control and supervision which is physical person, incapacitated on the bases of the court resolutions which took legal effect and also on the bases, stipulated in Item the 9th article 141 of the Code).

6. Change of semi-annual lists is allowed during their action, but not more often than once in half-year, except as specified, provided by subitems 1) and 2) of Item 5 of these rules, with obligatory placement them on Internet resource.

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