I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2024 No. 228

About approval of Rules of conducting investigation of plant quarantine

According to subitem 5-2) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About plant quarantine" PRIKAZYVAYU:

1. Approve the enclosed Rules of conducting investigation of plant quarantine.

2. To provide to committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the 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 Agriculture of the Republic of Kazakhstan after its official publication.

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

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

Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of June 28, 2024 No. 228

Rules of conducting investigation of plant quarantine

Chapter 1. General provisions

1. These rules of conducting investigation in the field of plant quarantine (further - Rules) are developed according to subitem 5-2) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About plant quarantine" (further - the Law) and determine procedure for conducting investigation in the field of plant quarantine (further - investigation).

Chapter 2. Procedure for conducting investigation in the field of plant quarantine

2. Investigation is conducted in case of distribution of the quarantine objects included in the single list of quarantine objects of the Eurasian Economic Union approved by the Decision of Council of the Eurasian economic commission of November 30, 2016 No. 158, and (or) the list of quarantine objects and alien types in relation to which actions for plant quarantine are established and performed No. 4-4/282 approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of March 30, 2015 (it is registered in the Register of the state registration of regulatory legal acts No. 11739).

Paragraph 1. Procedure for registration and contents of the decision on conducting investigation

3. The decision on conducting investigation is made by the head of territorial subdivision of department of authorized body in the field of plant quarantine, or person fulfilling its duties (further - territorial subdivision) the corresponding administrative and territorial unit.

In case of conducting investigation in two and (or) more areas (the cities of regional value) located in the territory of the area, the decision on conducting investigation is made by the head of regional territorial subdivision of department of authorized body in the field of plant quarantine, or person fulfilling its duties.

In case of conducting investigation with scope of the territory of two and (or) more areas (the cities of republican value, the capital) the decision on conducting investigation is made by heads of territorial subdivisions, or person fulfilling its duties of the corresponding administrative and territorial units.

4. In the presence of the bases specified in subitems 1) and 3) of Item 3 of article 144-4 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) (addresses of physical and (or) legal entities, and also state bodies on concrete facts of damnification of life, health of the person, the environment and legitimate interests of physical persons and legal entities, in cases when such fact concerned wide range of persons and the specific subject (object) of control and supervision which allowed violations is required to establish the states; information (the emergency notice) submitted by state bodies or subjects of activities on origin and distribution of the centers of quarantine objects), the decision on conducting investigation is made within three working days from the date of receipt of the address of physical and (or) legal entities, and also state bodies, or information (the emergency notice) submitted by state bodies or subjects of activities. Investigation shall be begun within three working days from the date of decision making about its carrying out.

5. The decision on conducting investigation contains the following information:

1) date, time and place of decision;

2) name of territorial subdivision;

3) basis for conducting investigation;

4) the name of the legal entity or his branch and (or) representation, surname, name, middle name (if it is specified in the identity document) physical person concerning which investigation in the field of plant quarantine, its location, individual identification number / business-identifikatsionny number, the site of the territory is appointed;

5) subject of conducting investigation in the field of plant quarantine;

6) structure of the commission on investigation;

7) term of conducting investigation;

8) surname, name, middle name (if it is specified in the identity document), the signature (digital signature) and position of person who passed the decision on conducting investigation.

The decision on conducting investigation in the field of plant quarantine is drawn up in form according to appendix 1 to these rules.

In case of prolongation of terms of investigation the additional decision on prolongation of terms of conducting investigation in the field of plant quarantine in form according to appendix 2 to these rules is drawn up.

Paragraph 2. Terms and duration of conducting investigation

6. According to Item 6 of article 144-4 of the Code terms of conducting investigation shall not exceed thirty calendar days and can be prolonged only once for thirty calendar days.

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