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The document ceased to be valid since July 27, 2014 according to item 4 of the Joint Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan and the Minister of Regional Development of the Republic of Kazakhstan of April 29, 2014 No. 141, of May 5, 2014 No. 127/ODES

It is registered

in Ministry of Justice of the Republic of Kazakhstan

December 24, 2012

No. 8204

The joint order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan and the Minister of Economic Development and Trade of the Republic of Kazakhstan

of November 28, 2012 No. 426, on December 5, 2012 No. 325

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

According to item 4 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:

1) criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines according to appendix 1 to this order;

2) criteria for evaluation of risk degree in the field of private entrepreneurship in the field of the industry on collection (procurement), storage, conversions and realization by legal entities of scrap and waste of non-ferrous and ferrous metals, except for sales activities of scrap and waste of the non-ferrous and ferrous metals formed at legal entities during own production and as a result of acquisition of property complex as a part of which there were scrap and (or) waste of non-ferrous and (or) ferrous metals, to licensees according to appendix 2 to this order.

2. Conducting planned inspections concerning small business entities within three years from the date of state registration is forbidden (except the created legal entities according to the procedure of reorganization and legal successors of the reorganized legal entities).

3. To committee of the industry of the Ministry of the industry and new technologies of the Republic of Kazakhstan (Karibayev E. G.) in the procedure established by the legislation to provide:

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

2) the direction on official publication in mass media within ten calendar days 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 the industry and new technologies of the Republic of Kazakhstan.

4. To impose control of execution of this order on the first vice-minister of the industry and new technologies of the Republic of Kazakhstan Rau A. P.

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

 

The deputy prime minister of the Republic of Kazakhstan is the Minister of the industry and new technologies of the Republic of Kazakhstan

 

 

A. Isekeshev

Minister of Economic Development

and trade of the Republic of Kazakhstan

 

E. Dosayev

Appendix 1

to the joint Order of the Deputy prime minister of the Republic Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan of November 28, 2012 No. 426 and the Minister of Economic Development and Trade of the Republic of Kazakhstan of December 5, 2012 No. 325

Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines

1. These Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of the industry (further - Criteria) are developed according to the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan".

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) subjects of control - the physical persons and legal entities having the license by sight of activities for designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines in mining industry.

3. Criteria in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) of oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines are subdivided on:

1) objective, based on the importance of risks, depending on the performed type of activity of subjects of control;

2) subjective, determined depending on the violations of the law allowed by subjects of control in the field of the industry revealed by results of checks.

4. Primary reference of subjects of control to risk groups is performed taking into account objective criteria.

5. The subsequent reference of subjects of control to risk groups is performed taking into account subjective criteria.

6. The checked subjects taking into account objective criteria for evaluation of risk degree in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) of oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines belong to average risk degree.

7. Subsequent distribution of the checked subjects on risk groups is performed according to appendix to Criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) of oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines.

8. Points by criteria of risk are summed up for determination of general total result.

9. Total results of result are used for distribution of the checked subjects on the corresponding risk degrees, in the following procedure:

1) the subjects of control which gained from 10 and more points following the results of checks concern group of high risk;

2) the subjects of control which gained following the results of checks from 3 and up to 9 points inclusive concern group of average risk;

3) the subjects of control which gathered following the results of checks from 0 to 2 points inclusive concern group of insignificant risk;

4) subjects of control of high risk can be transferred to average and insignificant risk degrees;

5) subjects of control of average risk degree can be transferred to insignificant risk degree;

6) subjects of control of average and insignificant risk degree can be transferred to higher and lower risk degrees;

7) subjects of control of insignificant risk degree can be transferred to average risk degree.

10. Selection of the checked subjects on conducting planned inspection in one risk group is performed by the principle:

1) to the greatest not checked period;

2) to the greatest number of the gained points.

Appendix

to Criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of the industry on designing (technology) and (or) operation mountain (investigation, mining), petrochemical, chemical productions, designing (technology) oil and gas processing productions, operation of trunk gas pipelines, oil pipelines, oil pipelines

 

Criteria for evaluation of degree of risks

Points

1

2

3

designing of production of solid minerals (except for popular minerals)

1

Lack of production schedules of the accomplishment of the licensed types and subspecies of activities (works) conforming to normative safety requirements of the work and environmental protection certified by seal and the signature of the first head of the applicant or person, it replacing - for legal entities, the signature of the applicant - for physical persons

2

2

Lack of production base (the building, the room) on the property right or on other legal causes (are confirmed by copies of documents on the property right or other forms of government). The production base shall be equipped according to the declared subspecies of activities and include availability: licensed software for designing, electronic computers, special organizers (printers, the copy equipment, plotters and other equipment)

10

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