ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2002 No. 1351

About approval of Rules of investigation of the reasons of the accidents, disasters and catastrophic crashes which led to emergence of emergency situations of natural and technogenic nature

For the purpose of implementation of the Law of the Republic of Kazakhstan of July 5, 1996 "About emergency situations of natural and technogenic nature" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of investigation of the accidents, disasters and catastrophic crashes which led to emergence of emergency situations of natural and technogenic nature.

2. This resolution becomes effective from the date of signing.

Approved by the order of the Government of the Republic of Kazakhstan of December 24, 2002 No. 1351

Rules of investigation of the reasons of the accidents, disasters and catastrophic crashes which led to emergence of emergency situations of natural and technogenic nature

1. General provisions

1. These rules determine procedure for investigation of the accidents, disasters and catastrophic crashes which led to emergence of emergency situations of natural and technogenic nature (further - cases of emergence of emergency situations of natural and technogenic nature).

2. Investigation of cases of emergence of emergency situations of natural and technogenic nature aims to establish the reasons, to plan measures for elimination of their effects, to develop necessary actions for their prevention and to determine material damage.

3. The procedure for investigation of the reasons of accidents on hazardous production facilities according to the Law of the Republic of Kazakhstan of April 3, 2002 "About industrial safety on hazardous production facilities" is established by authorized state body in the field of industrial safety together with the interested central executive bodies within their competence.

2. Investigation of cases of emergency situations of natural and technogenic nature

94. Cases of emergence of emergency situations of natural and technogenic nature are subject to investigation by the commission according to the procedure, established by these rules.

Emergency situations of natural and technogenic nature of global and regional scales are investigated by the commission created according to the decision of the Government of the Republic of Kazakhstan. Emergency situations of natural and technogenic nature of local and object scales are investigated by the commission created by territorial authority of authorized body in the field of emergency situations of natural and technogenic nature.

Representatives of authorized body in the field of emergency situations of natural and technogenic nature, the ministries, the agencies and their territorial authorities, local executive bodies, heads of the interested organizations are part of the commission.

5. The commission has the right to receive during the investigation written and oral explanations from eyewitnesses of event, official and other persons, to create in accordance with the established procedure expert subcommittees from among specialists of the organizations, regulatory and supervisory authorities, scientific for the solution of the questions requiring the expert opinion. The expert subcommittee and its chairman are appointed by the order of the commission chairman on investigation of the reasons of emergency situations of natural and technogenic nature. The questions requiring the expert opinion are put in writing. The materials of expert subcommittee signed by all members shall be submitted the commissions within the terms established by the commission chairman and be applied to investigation materials.

6. The commission during the investigation finds out circumstances of incident, establishes its reasons, nature of the allowed violations of regulatory legal acts, the list of responsible persons and proposes measures of their punishment, plans actions for mitigation of consequences and prevention of repeating of similar cases, determines the amount of destructions and material damage.

7. The commission within 10 days draws up the statement of investigation of the reasons of accidents, disasters, the catastrophic crashes which led to emergence of emergency situations of natural and technogenic nature, in form according to appendix to these rules processes other documents and materials. The act is signed by all members of the commission.

In case of need, the term of investigation can be extended according to the offer of the commission in accordance with the established procedure by the body which appointed the commission on investigation of cases of emergence of emergency situation of natural and technogenic nature depending on their scales and need of carrying out additional researches and examinations.

If the member of the commission does not agree with conclusions of the commission, he shall submit in writing the motivated special opinion for inclusion it in investigation material.

8. Materials of investigation shall include:

1) administrative document on appointment of the commission on investigation extraordinary situations of natural and technogenic nature;

2) act of investigation;

3) protocol of survey of the place of emergency situation, plans, schemes, sketches, pictures;

4) the order of the commission chairman about purpose of technical and economic expertize;

5) conclusion of expert subcommittee about causes of accident, results of laboratory and other researches, experiments, analyses;

6) reports of heads of the militarized rescue, antigushing and fire services and parts if these services were caused for liquidation of emergency situation;

7) protocols of poll and explanation of the witnesses, persons involved in accident, and also officials responsible for observance of requirements of state standard specifications, regulations and rules for technical safety;

8) data on damage, and also other materials (references, statements) characterizing circumstances and the reasons of emergency situation.

9. Technical registration of materials of investigation (the act and appendices to it) and their mailing to relevant organs of public administration is assigned to territorial authorities of authorized body in the field of emergency situations of natural and technogenic nature, local executive bodies and the interested organizations.

10. In case of identification of illegal actions or bezdeystviye of officials and citizens materials of investigation are subject to transfer to relevant organs for involvement of guilty persons to responsibility.

11. The commission on results of investigation extraordinary situations of natural and technogenic nature informs in accordance with the established procedure the relevant state bodies.

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