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

of August 5, 2011 No. 25-03-02/459, of August 12, 2011 No. 238

About approval of criteria for evaluation of risk degree and form of checking leaf in the field of private entrepreneurship in the field of protection, reproduction and use of fauna (except fish and other water animals)

According to the subitem 51) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and item 4 of Article 13, Item 1 of article 15 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" we ORDER:

1. Approve enclosed:

1) criteria for evaluation of risk degree in the field of private entrepreneurship in the field of protection, reproduction and use of fauna (except fish and other water animals), according to appendix 1 to this order;

2) form of checking leaf in the field of private entrepreneurship in the field of protection, reproduction and use of fauna (except fish and other water animals), according to appendix 2 to this order.

2. To committee of forest and hunting economy of the Ministry of Agriculture of the Republic of Kazakhstan (Nysanbayev E. N.) provide:

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 Agriculture of the Republic of Kazakhstan.

3. Declare invalid the joint order of the Minister of Agriculture of the Republic of Kazakhstan of March 1, 2010 No. 133 and the Minister of Economy and Budget Planning of the Republic of Kazakhstan of February 26, 2010 No. 111 "About approval of criteria for evaluation of degree of risks and forms of the Checking leaf in the field of forestry, protection, reproduction and use of fauna (except fish and other water animals) which are especially protected natural the territories" (registered in the Register of state registration of regulatory legal acts for No. 6127, No. 61 published in the Yuridicheskaya Gazeta newspaper of April 29, 2010 (1857)).

4. To impose control of execution of this order on the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Appendix 1

to the joint order of the deputy. The Minister of Agriculture of the Republic of Kazakhstan of August 5, 2011 No. 25-03-02/459 and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of August 12, 2011 No. 238

Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of protection, reproduction and use of fauna (except fish and other water animals)

1. General provisions

1. These Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of protection, reproduction and use of fauna (except fish and other water animals) (further - Criteria) are developed according to the laws of the Republic of Kazakhstan "About protection, reproduction and use of fauna" and "About the state control and supervision in the Republic of Kazakhstan" and determine 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. In these Criteria the following concepts are used:

1) 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 effects;

2) the checked subject - the subject performing activities in the field of protection, reproduction and use of fauna (except fish and other water animals).

3. Criteria are subdivided on objective - on the importance of the checked subjects and subjective - on violations of the laws of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan.

4. Primary reference of the checked subjects in the field of protection, reproduction and use of fauna (except fish and other water animals) is performed taking into account objective criteria.

5. The subsequent reference of the checked subjects of control in the field of protection, reproduction and use of fauna (except fish and other water animals) to different risk degrees is performed taking into account subjective criteria.

6. Objective criteria for evaluation of risk degree in the field of protection, reproduction and use of fauna (except fish and other water animals) are the value and quantity of the objects of fauna used by the checked subjects.

7. The checked subjects taking into account objective criteria for evaluation of risk degree in the field of protection, reproduction and use of fauna (except fish and other water animals) concern to the following risk groups:

1) to high risk with frequency of conducting planned inspections is not more often than once a year - okhotopolzovatel;

2) to average risk degree with frequency of conducting planned inspections is not more often than once in three years - the physical persons and legal entities which are engaged in captive and semi-free content, cultivation of objects of fauna, the organization engaged in training of citizens in hunting minimum;

3) to insignificant risk degree with frequency of conducting planned inspections is not more often than once in five years - owners of zoological collections, zoos, the biological centers.

8. Subjective criteria violations of the laws of the Republic of Kazakhstan and the orders of the Government which are classified on rough, considerable and insignificant are recognized.

9. Treat gross violations:

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