of May 26, 1997 No. 882
About approval of Rules of interaction of the bodies providing control of production and turnover of alcoholic products, and crossing of offenses in this circle
(as of January 19, 1999)
According to item 4 of the order of the Government of the Republic of Kazakhstan of February 14, 1997 N 217 "About measures for streamlining of production, import and realization of ethyl alcohol and alcoholic products in the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1997, N 7, the Art. 52) DECIDES: the Government of the Republic of Kazakhstan
Approve the enclosed Rules of interaction of the bodies providing control of production and turnover of alcoholic products, and crossing of offenses in this sphere.
Prime Minister
Republic of Kazakhstan A. Kazhegeldin
Approved by the order of the Government of the Republic of Kazakhstan of May 26, 1997 No. 882
1. These rules determine interaction of the bodies providing control of production and turnover of alcoholic products (further - monitoring bodies), and timely identification and suppression of offenses in this sphere according to the laws, acts of the President and the Government of the Republic of Kazakhstan.
2. Monitoring bodies to which provisions of these Rules extend are bodies of Committee on the state control over production and turnover of alcoholic products, Committee of tax police, Customs committee, Tax Committee of the Ministry of state revenues of the Republic of Kazakhstan, bodies of the Ministry of Internal Affairs of the Republic of Kazakhstan, bodies of the Ministry of Transport and Communications of the Republic of Kazakhstan, bodies of the National agency according to the statistics and to the analysis of the Republic of Kazakhstan, bodies of Committee on standardization, metrology and certification of the Department of Energy, the industry and trade of the Republic of Kazakhstan, akims of areas, cities of Astana and Almaty.
3. Monitoring bodies interact on basis:
the principle of equality of all participants in case of the solution of the questions connected with production and turnover of alcoholic products;
independence of each body within the powers conferred to it by the legislation of the Republic of Kazakhstan in case of accomplishment of joint decisions and holding actions;
responsibility of heads of each body for accomplishment of joint decisions within the powers conferred to them by the legislation of the Republic of Kazakhstan.
4. Interaction of monitoring bodies is performed in the following main forms:
holding meetings of heads of these bodies;
exchange of information concerning control of production of alcoholic products;
studying and distribution of positive work experience on identification of violations;
holding target joint actions for identification of offenses in the field of production and turnover of alcoholic products, and also elimination of the reasons and conditions promoting their making;
mutual use of opportunities for advanced training of workers by holding joint seminars, conferences;
rendering mutual aid on safety in the course of activities for identification of offenses and control of production and turnover of alcoholic products;
development and approval of the approved joint actions.
5. For the purpose of suppression of offenses in case of production and turnover of alcoholic products the Committee on the state control over production and turnover of alcoholic products of the Ministry of state revenues of the Republic of Kazakhstan sends to the Ministry of Internal Affairs, Committee of tax police of the Ministry of state revenues of the Republic of Kazakhstan, the Ministry of Finance, Customs committee of the Ministry of state revenues of the Republic of Kazakhstan registers of the granted licenses for production of alcoholic products, change and amendment to them, and also registers of the suspended licenses for production of alcoholic products and the declaration of production and turnover of ethyl alcohol and alcoholic products.
6. Governing bodies of trade on places in case of detection of the facts of sale of alcoholic products without excise stamps, certificates of conformity and other documents which availability is regulated by the current legislation and also in unspecified places take measures within the competence and send information on these violations to monitoring bodies.
Committee on the state control over production and turnover of alcoholic products of the Ministry of state revenues of the Republic of Kazakhstan and its bodies on places make the decision on revocation of license or suspension of its action on the right of production of alcohol of the ethyl, made of all types raw materials, and also alcoholic products, wine materials and semifinished products of these products in cases, stipulated by the legislation.
7. The Ministry of Finance of the Republic of Kazakhstan and Tax Services when conducting checks of taxpayers in case of establishment of the facts of violations of the Procedure for marking of alcoholic products excise stamps draw up them the separate act which is sent to Committee on the state control over production and turnover of alcoholic products of the Ministry of state revenues of the Republic of Kazakhstan, to governing bodies of trade on places for acceptance of the measures established by the legislation. Data on these violations on goods of foreign production send to bodies of Customs committee of the Ministry of state revenues of the Republic of Kazakhstan for consideration and acceptance of adequate measures.
8. In case of receipt of information from the relevant organ exercising control of turnover of the imported alcoholic products, customs authorities:
determine warehouses of temporary storage for accommodation of the detainee of the alcoholic products which are not marked in accordance with the established procedure by excise duty brands;
take measures for withdrawal of these products and collection of unpaid payments and taxes according to the procedure, established by the current legislation.
9. The bodies providing control of production and turnover of alcoholic products in case of detection in the course of checks of signs of tax offenses direct the corresponding materials to bodies of Tax Service and tax police for taking measures according to the current legislation.
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