THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 18, 2024 No. 11

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of May 12, 2023 No. 63 "About approval of criteria for evaluation of risk degree and checking sheets in the field of support and protection of subjects of entrepreneurship"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of May 12, 2023 No. 63 "About approval of criteria for evaluation of risk degree and checking sheets in the field of support and protection of subjects of entrepreneurship" (it is registered in the Register of state registration of regulatory legal acts No. 32489) the following changes:

in Criteria for evaluation of risk degree in the field of support and protection of the subjects of entrepreneurship approved by the specified order:

state Item 2 in the following edition:

"2. In these Criteria the following concepts are used:

1) risk – probability of damnification as a result of activities of the subject of control to the rights and legitimate interests of subjects of entrepreneurship taking into account severity of its effects;

2) 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;

3) 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 different risk degrees;

4) 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;

5) 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;

6) the checking sheet – the list of requirements imposed to activities of subjects (objects) of control which non-compliance involves damnification to the rights and legitimate interests of subjects of entrepreneurship;

7) gross violations – the violations of the requirements established by regulatory legal acts in the field of support and protection of subjects of entrepreneurship, attracting the administrative responsibility;

8) considerable violations – the violations of the requirements established by regulatory legal acts in the field of support and protection of subjects of entrepreneurship, which are not attracting the administrative responsibility and not relating to gross and insignificant violations;

9) insignificant violations – violations of the requirements established by regulatory legal acts in the field of support and protection of subjects of entrepreneurship connected with lack of criteria for evaluation of risk degree and checking sheets, applied to carrying out preventive control with visit of subject (object) of control and supervision and (or) checks and placements them on Internet resources of regulatory state agencies, and also inadequate implementation of execution of the license and (or) appendix to the license electronically.";

state Item 6 in the following edition:

"6. With accounting of specifics of preventive control with visit of the subject of control in the field of support and protection of subjects of entrepreneurship selection of subjects of control in two regions (the area, the city of republican value, the capital), with the smallest indicator of surplus of number of the acting subjects of small and medium business in comparison with the same period of previous year in percentage ratio according to data of Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan is made.

At the same time subjects of control in regions (the area, the city of republican value, the capital) in which preventive control with visit of the subject of control for the last three years was exercised are not subject to selection.

Criteria for evaluation of risk degree for carrying out preventive control of subjects (objects) control are created by means of determination of objective and subjective criteria.";

state Items 12 and 13 in the following edition:

"12. For assessment of risk degree the following sources of information are used:

1) analysis of official Internet resources of state bodies, mass media;

2) results of the previous preventive control with visit of subject (object) of control and supervision and (or) checks.

13. By subjective criteria subjects of control with the greatest number, in the half-year preceding the analysis treat high risk within the selected regions (the area, the city of republican value, the capital):

1) the carried-out preventive control with visit of subject (object) of control and supervision and (or) checks in fields of activity of subjects of entrepreneurship;

2) refusals in issue of permissions of the first and second category.";

state Item 15 in the following edition:

"15. In case of selection of subjects of preventive control with visit of the subject of control in the analyzed period spheres of control and supervision, permissions of the first and second category which are earlier considered and used in the previous analyzed period are not considered.".

appendix to Criteria for evaluation of risk degree in the field of support and protection of subjects of entrepreneurship to state in edition according to appendix 1 to this order;

To state checking leaf concerning the state bodies exercising the control and supervision in fields of activity of subjects of entrepreneurship approved by the specified order in edition according to appendix 2 to this order.

2. To provide to department of the state support and protection of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its placement on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

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

4. This order becomes effective after day of its first official publication.

Appendix 1

to the Order of the Deputy prime minister – the Minister of national economy of the Republic of Kazakhstan of March 18, 2024 No. 11

Appendix

to Criteria for evaluation of risk degree in the field of protection and support of subjects of entrepreneurship

The list of subjective criteria in the field of support and protection of subjects of entrepreneurship

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