THE JOINT ORDER OF THE MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN AND THE DEPUTY PRIME MINISTER - THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 6, 2024 No. 164, on May 13, 2024 No. 24

About approval of criteria for evaluation of risk degree and checking sheets in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision

According to Item 5 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision, according to appendix 1 to this joint order;

2) checking leaf in the field of architecture, town planning and construction concerning bodies of architecture and town planning, according to appendix 2 to this joint order;

3) checking leaf in the field of architecture, town planning and construction concerning bodies of the state architectural construction supervision and supervision, according to appendix 3 to this joint order;

4) checking leaf in the field of architecture, town planning and construction concerning bodies of construction, according to appendix 4 to this joint order.

2. To provide to committee on cases of construction and housing and communal services of the Industry ministry and construction 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 Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Industry and construction of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of May 6, 2024 No. 164, on May 13, 2024 No. 24

Appendix 1

to the joint Order of the Minister of Industry and construction of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan

Criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision (further – Criteria) are developed according to articles 141 and 143 of the Entrepreneurial code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan", the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management" is registered in the Register of state registration of regulatory legal acts for No. 17371) and the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 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" (it is registered in the Register of state registration of regulatory legal acts for No. 28577).

2. In these Criteria the following concepts are used:

1) subjects of control and supervision – local executive bodies on cases:

architecture and town planning;

constructions;

state architectural construction supervision and supervision;

2) considerable violations – the violations established by regulatory legal acts in the field of architecture, town planning and construction not being rough, connected with provision of the doubtful reporting and monitoring, inopportuneness and correctness of execution of executive documentation, and also requirement in the field of architecture, town planning and construction directed to prevention and the prevention violation the conditions of the favorable habitat and life activity of the person attracting deterioration;

3) insignificant violations – violation of requirements, not belonging to considerable and gross violations, but attracting damnification to legitimate interests of physical persons and legal entities, the states;

4) gross violations – the actions which entailed the deterioration in condition of the favorable habitat and life activity of the person which resulted from violation of the requirements established by regulatory legal acts in the field of architecture, town planning and construction at all stages of lifecycle, connected with technogenic incidents, causing damage to state interests, legal entities and physical persons, infringement of the rights and legitimate interests of citizens and societies, not ensuring durability, stability and reliability of object, deformation of inadmissible size of building constructions, foundations of the building or construction and geological arrays of the adjacent territory;

5) 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;

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 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;

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

8) 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 conformance to requirements for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time tolerance level of risk 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 conformance to requirements;

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