ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 5, 2012 No. 1145

About approval of Rules on implementation of the state control and supervision of protection, protection, use of forest fund, reproduction of the woods and afforestation by officials of the state forest inspection of the Republic of Kazakhstan

According to subitem 17-18) of Article 12 of the Forest code of the Republic of Kazakhstan of July 8, 2003 the Government of the Republic of Kazakhstan DECIDES:

1. Approve Rules on implementation of the state control and supervision of protection, protection, use of forest fund, reproduction of the woods and afforestation by officials of the state forest inspection of the Republic of Kazakhstan.

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of September 5, 2012 No. 1145

Rules on implementation of the state control and supervision of protection, protection, use of forest fund, reproduction of the woods and afforestation by officials of the state forest inspection of the Republic of Kazakhstan

1. General provisions

1. These rules on implementation of the state control and supervision in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation by officials of the state forest inspection of the Republic of Kazakhstan (dalee-Pravila) are developed according to the Forest code of the Republic of Kazakhstan of July 8, 2003 and determine procedure by implementation of the state control and supervision in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation.

2. The state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation is performed by officials of the state forest inspection of Committee of forest and hunting economy of the Ministry of environmental protection of the Republic of Kazakhstan (further - department) and its territorial subdivisions for the purpose of observance by physical persons and legal entities, and also the state bodies performing protection, protection, reproduction of the woods, afforestation and (or) forest utilization, requirements of the forest legislation of the Republic of Kazakhstan.

2. Procedure of the state control and supervision in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation

3. The state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation is performed by checks and observations:

1) on the facts of wildfires, illegal cabins, death of forest cultures, seedlings and saplings in forest nurseries;

2) on the facts of violation of the forest legislation of the Republic of Kazakhstan and damnification to flora;

3) according to appeals of physical persons and legal entities about the facts of violations of the forest legislation of the Republic of Kazakhstan in process of their receipt;

4) by results of forest management works, scientific research in the field of forestry, accounting of forest fund and monitoring of the woods confirming negative consequences in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation in process of their identification taking into account recommendations about their elimination;

5) for the purpose of control of execution of the issued instructions about elimination of the revealed violations as a result of planned action in the terms specified in the instruction.

4. Check of observance of requirements of the forest legislation of the Republic of Kazakhstan by the official of the state forest inspection of the Republic of Kazakhstan (further - the official) is performed based on the act of purpose of check issued by the head of department or its territorial subdivision.

5. Observations by the official are performed when holding actions for identification and suppression of violations in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation.

6. The official, during the actions specified in Item 5 of these rules in case of detection of violations of the forest legislation performs check by the held physical persons and legal entities of works and events in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation, and also control of observance of the procedure established by the legislation of the Republic of Kazakhstan in case of works which is not connected with forest management and forest utilization in the territory of the state forest fund.

7. By results of implementation of the state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation by the official, in the presence of the checked subject or his legal representative, are constituted:

1) the inspection statement of observance of the forest legislation of the Republic of Kazakhstan in triplicate in form according to appendix 1 to these rules in which are specified:

specification on the checked subject;

the objective data reflecting activities of the checked subject;

availability of the bases and permissions for use of forest resources;

amounts of the allocated felling fund;

limits of use of biological resources and other necessary data, including about the revealed violations and their nature with reference to Items, Articles, the corresponding regulatory legal acts of the Republic of Kazakhstan.

One copy of the act of results of check with copies of appendices, except for copies of the documents which are available in the original for the checked subject is handed to the checked subject or his legal representative for acquaintance and taking measures to elimination of the revealed violations (in case of their identification);

2) the instruction on elimination of the revealed violations in the field of the forest legislation of the Republic of Kazakhstan in triplicate in form according to appendix 2 to these rules which is obligatory for execution in the terms established in the instruction.

One copy of the instruction on elimination of the revealed violations of the forest legislation of the Republic of Kazakhstan is handed to the checked subject or his legal representative for acquaintance and taking measures to elimination of the revealed violations (in case of check of public institutions of forestry or nature protection organization, one copy of the instruction goes to the head of higher body on subordination).

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