of February 20, 2012 No. 135
About the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic
According to the orders of the Government of the Kyrgyz Republic "About state bodies under the Government of the Kyrgyz Republic and other organizations under the authority of the Government of the Kyrgyz Republic" of January 12, 2012 and "About organizational measures in connection with reform of executive bodies of the Kyrgyz Republic" of February 10, 2012 the No. 87 Government of the Kyrgyz Republic decides No. 12:
1. Approve:
- Regulations on the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic according to appendix 1;
- the scheme of management of the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic according to appendix 2.
2. To the Ministry of Finance of the Kyrgyz Republic:
- when forming the republican budget for 2012 to consider necessary means for functioning of the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic;
- perform financing of the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic and its subordinated divisions within the means provided by the republican budget for 2012.
3. The state inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic in accordance with the established procedure in two-month time to bring the decisions into accord with this resolution.
4. This resolution becomes effective from the date of official publication.
Prime Minister O. Babanov
Appendix 1
1. The state inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic (further - State inspection) is the state body of the executive authority exercising the state supervision and control concerning sanitary, veterinary and phytosanitary safety.
2. State inspection in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, other regulatory legal acts conventional by the principles and rules of international law, international treaties which became effective in the procedure established by the law which participant is the Kyrgyz Republic, and also this Provision.
3. State inspection is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and the name in the state and official languages, and also accounts in banks and system of Treasury, the Special account of development and material security.
4. State inspection performs the activities under the direction of the Government of the Kyrgyz Republic, interacts with other state bodies of the executive authority, state bodies knowing questions of health care, veterinary science and phytosanitation, and local government bodies.
5. State inspection performs actions for protection of the territory of the Kyrgyz Republic from drift of infectious diseases, general for the person, animals and plants, from foreign states by control in the places determined by the Government of the Kyrgyz Republic.
State inspection exercises control and supervision of observance of health, veterinary and sanitary and phytosanitary regulations by all legal entities and physical persons, irrespective of their departmental subordination and patterns of ownership, in all territory of the Kyrgyz Republic, except for functions of supervision of health care facilities and drinking water supply.
6. The purpose of State inspection is safety of life and health of the population, protection of plant and animal life, the environment.
7. Tasks of State inspection are:
- the prevention, identification and suppression of violations of the law of the Kyrgyz Republic in the field of sanitation, veterinary science, phytosanitation and safety of foodstuff, products of plant and animal origin;
- carrying out the state supervision of observance of sanitary, veterinary and phytosanitary standards;
- prevention of import, export and spread of diseases, general for the person and animals, and harmful organisms of plants in the places determined by the Government of the Kyrgyz Republic.
8. Inspection performs the following functions.
1) Functions of control and supervision:
- realizes state policy on accomplishment of sanitary, veterinary and phytosanitary safety;
- submits offers for consideration of the Government of the Kyrgyz Republic on enhancement of system of checks by criteria of risk;
- carries out monitoring of sanitary, veterinary and phytosanitary condition of objects, persons under surveillance of State inspection, in the territory of the Kyrgyz Republic;
- studies sanitary, veterinary and phytosanitary condition of the states - the International trading partners and on the basis of data determines adequate measures by safety;
- participates in liquidation of mass poisonings, epidemics, accidents, natural disasters, environmental disasters and other emergency situations, life-threatening and health of the person, animal and flora;
- exercises supervision and control of sanitary, veterinary and phytosanitary condition of land and air transport, warehouses of temporary storage, the international post institutions and other disinfection and flushing complexes;
- exercises supervision of procedure on collection and utilization of the products not suitable for the use and free trade, according to the established requirements;
- exercises supervision of observance of non-admission of drift of causative agents of diseases and harmful organisms on the territory of the Kyrgyz Republic;
- carries out the state sanitary, phytosanitary veterinary supervision behind fulfillment of requirements of technical regulations and other regulatory legal acts by legal entities and physical persons (except for healthcare institutions and subjects to drinking water supply), irrespective of patterns of ownership;
- carries out supervision of observance of sanitary, veterinary and phytosanitary standards and rules in case of production, conversion, transportation, storage, realization of food, agricultural and other products of animal and plant origin at all stages of the address, from the producer to the final consumer;
- carries out supervision of observance of sanitary, veterinary and phytosanitary standards in production, public places, buildings, constructions, transport, in the field of trade, services, the organizations of public catering and production of foodstuff;
- exercises supervision of holding the sanitary, veterinary and sanitary, veterinarnoprofilaktichesky and phytosanitary actions directed to public health care, animals and flora;
- exercises supervision of use of agrochemicals, pesticides, chemical and biological means of veterinary, phytosanitary appointment, their storage and realization;
- provides supervision and control of observance of regulations and regulations when exporting, importing and transit under control to sanitary, veterinary and phytosanitary goods control (loads) in the warehouses of temporary storage (WTS);
- carries out supervision and control of quality and safety of alcoholic and alcohol-containing products, quality and safety of ethyl alcohol;
- carries out supervision of execution of requirements in the field of sanitary, veterinary and phytosanitary restrictive and quarantine actions.
2) regulation Functions:
- issue of the relevant accompanying documents for export, import, re-export and the international transit of goods (loads) according to the List approved by the Government of the Kyrgyz Republic;
- control of import from the infected zones of the republic of animals, products of animal and plant origin;
- interaction of state bodies of the Kyrgyz Republic and business entities concerning ensuring sanitary, veterinary and phytosanitary wellbeing of the population;
- performs cooperation with research establishments of the republic and other states concerning ensuring sanitary veterinary and phytosanitary safety.
3) Function on rendering services:
- provision of paid services according to the legislation of the Kyrgyz Republic in the field of supervision and control.
4) support Functions:
- representation of interests of the Kyrgyz Republic within the competence of the international organizations and foreign countries;
- implementation of centralized financing and distribution within the allocated limits and funds, financial and material resources, and also control of financial and economic activities of the subordinated organizations.
9. The state inspectorate has the right:
- carry out supervision and control according to the legislation of the Kyrgyz Republic of physical persons and legal entities, irrespective of patterns of ownership and departmental accessory, behind quality of production, conversion, storage, realization and utilization of foodstuff and food staples;
- receive necessary information on sanitary, veterinary and phytosanitary situation from public authorities, local government bodies, legal entities and physical persons;
- demand from the companies, organizations, the organizations and citizens of holding sanitary, veterinary and phytosanitary actions for elimination of the revealed violations;
- impose in accordance with the established procedure administrative punishments on the revealed violations, give instructions about their elimination and other measures, stipulated by the legislation;
- in the established cases to report materials to law enforcement agencies for accountability for violation of the existing requirements;
- make offers to local public administrations and local government bodies about creation in accordance with the established procedure, if necessary, of the extraordinary commissions;
- make sampling of foodstuff and food staples for research in laboratory in accordance with the established procedure;
- request from bodies of Customs Service, railway stations, bus stations (bus stations), the airports, post offices and other organizations and organizations of the data on the imported and exported loads, according to the nomenclature of materials (loads, products and goods) under control to State inspection;
- in accordance with the established procedure, stipulated by the legislation to stop economic activity of physical persons and legal entities in case of threat of origin or spread of especially dangerous and other diseases;
- confirm video and photographing the revealed sanitary, veterinary and phytosanitary violations;
- prohibit in cases, stipulated by the legislation the Kyrgyz Republic, transportation in the republic, import to the republic territory, transit and export out of limits of the republic of loads under control to service without accompanying documents.
10. Heads and specialists of State inspectorate have official IDs, and, being on duty, shall wear uniform of the established sample.
Staff of State inspectorate has the right of wearing uniform with the breastplate.
11. The state inspection is headed by the director - the Chief state health officer of the Kyrgyz Republic who is appointed to position and is dismissed by Premyerministr of the Kyrgyz Republic.
The first deputy director - the chief state veterinary inspector of the Kyrgyz Republic is appointed to position and dismissed by the Prime Minister of the Kyrgyz Republic on representation of the director of State inspectorate.
The deputy director - the chief state phytosanitary inspector of the Kyrgyz Republic is appointed to position and dismissed by the Prime Minister of the Kyrgyz Republic on representation of the director of State inspectorate.
Procedure for appointment to positions and dismissal, functions and powers статссекретаря are determined by the legislation on public service.
Fulfillment of duties of the director of State inspectorate in its absence is assigned to one of his deputies.
Chiefs of territorial state inspections are appointed to position and is dismissed by the director of State inspectorate according to the legislation of the Kyrgyz Republic.
12. Director of State inspectorate:
- performs the common directorship of activities of State inspection and bears the personal responsibility for accomplishment of the tasks assigned to State inspection;
- represents State inspection in the relations with other state bodies, the companies, organizations and the organizations of the Kyrgyz Republic and foreign states;
- distributes obligations between deputy directors;
- approves structure, the staff list of central office of State inspection, territorial subdivisions within the established regulations of the salary fund and the extreme number of staff of employees of State inspectorate;
- approves regulations on structural divisions of central office and regional divisions of State inspection;
- applies in the procedure for measure of encouragement and collection established by the legislation;
- issues orders and orders;
- if necessary forms the commission of rapid response on claims and statements;
- cancels the decisions of the State inspectors of central office, and also structural divisions contradicting the legislation;
- awards workers of system of State inspection with distinctions, certificates of honor, and also represents in accordance with the established procedure workers to rewarding with the state and other awards of the Kyrgyz Republic;
- in coordination with authorized state body in the field of public service assigns accomplishment of the separate functional obligations carried to competence of State inspection to the secretary of state;
- in accordance with the established procedure appoints to position and dismisses the staff of State inspectorate;
- performs other powers according to the legislation of the Kyrgyz Republic.
13. For the purpose of the approved interaction with the public under State inspectorate the Public supervisory board is created.
Activities of the Public supervisory board are performed according to Regulations on the Public supervisory board under state body.
In State inspection council on ethics of government employees is created.
14. In State inspection the board is formed of 7 people. Members of board on position are the director (chairman), the secretary of state and deputy directors. Other members of board affirm the Prime Minister of the Kyrgyz Republic on representation of the director. The representative of Government office of the Kyrgyz Republic without fail is part of board.
15. The secretary of state prepares ideas of appointment, movement, rotation and dismissal of the government employees holding managerial state positions in system of bodies of State inspectorate.
16. Chiefs of structural divisions of State inspection are the state inspectors in the directions of safety.
17. The staff of State inspectorate given the inspection right is officials, has the personalized and number seals issued according to the procedure, established by the director of State inspectorate.
Officials of State inspection use the forms of instructions and form of the reporting approved in the appropriate order.
18. Legal and social protection of employees of bodies of State inspectorate is regulated and performed according to the legislation of the Kyrgyz Republic.
19. Officials of State inspection in case of non-execution or improper execution of the job responsibilities assigned to them, for making of illegal actions (bezdeystviye) bear disciplinary, administrative, material and criminal liability according to the legislation of the Kyrgyz Republic.
20. Actions of staff of State inspectorate can be appealed according to the procedure, established by the legislation of the Kyrgyz Republic.
21. The accounting, statistical recording and the reporting under the main activities of State inspection are kept in the procedure established by the legislation of the Kyrgyz Republic.
22. Financing of State inspectorate is performed from:
- republican budget;
- other sources, stipulated by the legislation Kyrgyz Republic.
23. Reorganization and liquidation of activities of State inspection, procedure for distribution of property in case of liquidation or reorganization are performed according to the legislation of the Kyrgyz Republic.
Appendix 2
See the Scheme of management of the State inspectorate for sanitary, veterinary and phytosanitary safety under the Government of the Kyrgyz Republic (54Kb In original language)
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The document ceased to be valid according to the Order of the Government of the Kyrgyz Republic of May 7, 2013 No. 256