LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 6, 2011 No. 377-IV ZRK

About the state control and supervision in the Republic of Kazakhstan

This Law regulates the general legal basis of the state control and supervision in the Republic of Kazakhstan and is directed to establishment of the single principles of implementation of control and supervising activities, and also to protection of the rights and legitimate interests of state bodies, physical persons and legal entities concerning which the state control and supervision is exercised.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) control facilities and supervision - the central state bodies, their departments and territorial subdivisions, and also the local executive bodies performing observation and check regarding compliance of activities of the checked subjects to the requirements established by the legislation of the Republic of Kazakhstan according to article 5 of this Law;

2) measures of rapid response - the impact methods provided by the laws of the Republic of Kazakhstan on the checked subjects for the purpose of prevention of approach of socially dangerous consequences applied during implementation and by results of check;

3) the state control (further - control) - activities of control facility and supervision for check and observation regarding compliance of activities of the checked subjects to the requirements established by the legislation of the Republic of Kazakhstan during implementation and by results of which measures of right restrictive nature without rapid response can be applied;

4) the state supervision (further - supervision) - activities of control facility and supervision for check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan, during implementation and by results of which measures of rapid response can be applied;

4-1) regulatory state agencies - the state bodies performing management in separate industry or the sphere of public administration in which the state control and supervision is exercised;

5) risk - probability of damnification as a result of activities of the checked subject 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 consequences;

6) criteria for evaluation of risk degree - set of the quantitative and qualitative indexes connected with direct activities of the checked subject, the features of industry development and factors influencing this development, the checked subjects allowing to carry to various risk degrees;

6-1) system of risks assessment - the complex of actions held by control facility and supervision for the purpose of purpose of checks;

6-2) the checked objects - the property which is on the property right or other legal cause at the checked subject, subject to control and supervision;

7) the checked subjects - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised.

Article 2. Legislation of the Republic of Kazakhstan on control and supervision

1. The legislation of the Republic of Kazakhstan on control and supervision is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Scope of this Law

1. This Law governs the relations in the field of the organization of monitoring procedure and supervision of the checked subjects irrespective of legal status, patterns of ownership and types of activity, except as specified, 4 these Articles provided by Items 3, and Item 3 of article 12 of this Law.

2. Are established by this Law:

1) procedure for conducting the checks performed by control facilities and supervision;

2) order of interaction of control facilities and supervision when conducting checks;

3) the rights and obligations of the checked subjects in case of monitoring procedure and supervision, measure for protection of their rights and legitimate interests;

4) the rights and obligations of control facilities and supervision and their officials when conducting checks.

3. Operation of this Law, except for articles 4 and 8 of this Law, does not extend to the relations connected with:

1) control of observance of conditions of contracts for implementation of the investments providing investment preferences;

2) control of execution by subsoil users of conditions of contracts for carrying out investigation, production, the combined exploration and production of minerals or construction and (or) operation of the underground constructions which are not connected with investigation and (or) production or on the state geological studying of subsoil;

3) the state control in the sphere of customs affairs.

4. Operation of this Law, except for article 8 of this Law, does not extend to the relations in spheres:

1) the highest supervision exercised by prosecutor's office;

2) control and supervision during pre-judicial criminal proceeding;

3) justice;

4) operational search activities;

5) control of observance of requirements of the legislation of the Republic of Kazakhstan on the state secrets.

5. The relations arising in case of monitoring procedure and supervision, specified in Items 3 and 4 of this Article, and also connected with observance of requirements of the financial legislation of the Republic of Kazakhstan, control and supervision of the financial market and the financial organizations are established by the laws of the Republic of Kazakhstan governing the relations in the specified spheres.

6. Control and supervision concerning subjects of private entrepreneurship are performed only in fields of activity of the subjects of private entrepreneurship provided in appendix to this Law.

7. For inclusion in appendix to this Law of new spheres regulatory state agencies shall prepost the procedure of the analysis of regulatory impact according to the Law of the Republic of Kazakhstan "About private entrepreneurship".

8. Action of Item 7 of this Article does not extend to National Bank of the Republic of Kazakhstan.

Article 4. Principles and tasks of control and supervision

1. Control and supervision are based on the principles:

1) legality;

2) equalities of all before the law and court;

3) presumptions of conscientiousness of physical person or legal entity;

4) publicity;

5) planned character and systemacity of control and supervision;

6) professionalism and competence of officials of state bodies;

7) responsibility for non-execution or improper execution by officials of control facilities and supervision of the obligations and excess of the powers by them;

8) priority of the prevention of offense before punishment;

9) need and sufficiency;

10) differentiations of control powers between state bodies;

11) encouragement of the fair checked subjects, concentration of control and supervision on violators;

12) increases in capability of the checked subjects and consumers to independent protection of the legitimate rights;

13) accountability and transparency of system of the state control and supervision;

14) independence;

15) objectivity and impartiality;

16) reliability.

2. Task of control and supervision is safety of products made and sold by the checked subject, engineering procedures for life and human health, protection of their property, safety for the environment, homeland security of the Republic of Kazakhstan, including economic safety, preventions of fraudulent practice, economy of natural and energy resources, increases in competitiveness of national products and protection of constitutional rights, freedoms and legitimate interests of physical persons and legal entities.

3. State bodies are forbidden to adopt subordinate regulatory legal acts concerning procedure for conducting checks of subjects of private entrepreneurship, except for regulatory legal acts, stipulated in Item 3 Articles 13, Item 1 of Article 14, Item 1 of article 15 of this Law.

4. The state bodies developing the projects of regulatory legal acts regulating questions of control and supervision of activities of subjects of private entrepreneurship approve them with authorized body on entrepreneurship.

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