JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AND I.O. MINISTER OF ECONOMIC DEVELOPMENT AND TRADE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2011 No. 355 and of October 21, 2011 No. 341

About approval of criteria for evaluation of risk degree in the field of private entrepreneurship in the field of estimative activities

For the purpose of realization of Item 1 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" PRIKAZYVAYEM:

1. Approve the enclosed criteria for evaluation of risk degree in the field of private entrepreneurship in the field of estimative activities, the checked subjects of estimative activities.

2. To provide to committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) publication of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. Declare invalid the joint order of the Minister of Economic Development and Trade of the Republic of Kazakhstan of April 29, 2010 No. 17 and the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 138 "About approval of Criteria for evaluation of degree of risks in the field of activities for property assessment" (No. 319 registered in the Register of state registration of regulatory legal acts No. 6271 and published in the Kazakhstanskaya Pravda newspaper of 24.11.2010 (26380), the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan No. 15, 2010 (date of exit of circulation 25.10.2010).

4. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

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

Approved by the joint order of the Minister of Justice of the Republic of Kazakhstan and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of October 31, 2011 No. 355 and of October 21, 2011 No. 341

Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of estimative activities

1. These Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of estimative activities (further - Criteria) are developed according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan" for measure definition of risks for the purpose of reference of the checked subjects of estimative activities to risk degrees.

2. In these Criteria the following concepts are used:

1) 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 different risk degrees.

2) risk - the doubtful assessment performed on nonexistent object or with violation of requirements of the legislation in the field of estimative activities, standards of assessment with use in the report of the doubtful data leading to misstatement of market or other project cost of assessment which can be premises for economic crimes and also contradicts legitimate interests of physical persons and legal entities, valuable interests of the state;

3) system of risks assessment - the complex of actions held by the representative on implementation of control functions by state body for the purpose of planning of checks of licensees of estimative activities;

4) the checked subject - physical person or legal entity which has the right to be engaged in estimative activities based on the employment contract with the legal entity performing estimative activities, or independently as the individual entrepreneur based on the license according to the legislation of the Republic of Kazakhstan on licensing.

3. Criteria for evaluation of risk degree are subdivided into two types:

1) objective - are based on the importance of the risks arising when implementing activities of the checked subjects;

2) subjective - are determined depending on the allowed checked subjects of violations of the established requirements.

Primary reference of the checked subjects on risk degrees is performed only on the basis of objective criteria for evaluation of risk degree, depending on length of service in the field of estimative activities.

The subsequent reference of the checked subjects on risk degrees is performed only on the basis of subjective criteria, depending on the amount of the gained points.

4. In case of initial distribution the checked subjects belong:

1) to subjects of high risk - the checked subjects with length of service in the field of estimative activities up to 5 years;

2) to subjects of average risk degree - the checked subjects with length of service in the field of estimative activities from 5 to 10 years;

3) to subjects of insignificant risk degree - the checked subjects with length of service in the field of estimative activities of 10 years and above.

5. In case of the subsequent reference of the checked subjects on risk degrees subjects are redistributed depending on subjective criteria for evaluation of degree of risks in the field of estimative activities.

The risk assessment is made by systematic use of the available information.

Judicial authorities perform data analysis on the previous scheduled and unscheduled inspections.

6. Points are appropriated according to the following criteria:

1) availability at the checked subject of violations under agreements on evaluating:

violations on form and content of agreements - 2 points;

the conclusion of agreements in the cases prohibited by the legislation in the field of estimative activities - 3 points;

2) availability of violations according to valuation reports:

violations of requirements for form and content of the reports which are not influencing result of assessment - 2 points;

violations in application of the evaluation methods and approaches to assessment influencing result of assessment - 3 points;

3) frequency of violations:

the violations made repeatedly after year and more after imposing of administrative punishment - 2 points;

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