of June 19, 2013 No. 63
About approval of Rules of registration of acts of purpose of checks, notifications on suspension, renewal, prolongation of terms of checks, on change of list of participants and provision of information accounting documents on checks and their results
For the purpose of further enhancement of the reporting on registration of acts of purpose of the checks performed by state bodies of the Republic of Kazakhstan and reduction in compliance with the provisions of the law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", PRIKAZYVAYU:
3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):
1) on state registration in the Ministry of Justice of the Republic of Kazakhstan;
2) to subjects of legal statistics and special accounting and territorial authorities of Committee for execution.
4. To impose control of execution of this order on the chairman of Committee.
5. This order becomes effective from the date of its first official publication.
Attorney-General of the Republic of Kazakhstan
A. Daulbayev
Approved by the Order of the Attorney-General of the Republic of Kazakhstan of June 19, 2013 No. 63
1. These rules of registration of acts of purpose of checks, notifications on suspension, renewal, prolongation of terms of checks, on change of list of participants and provision of information accounting documents on checks and their results (further - Rules) establish order of registration of acts of purpose of checks, notifications on suspension, renewal, prolongation of terms of checks, on change of list of participants and provision of information accounting documents on the checks and their results performed by state bodies of the Republic of Kazakhstan concerning physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised.
Rules 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" (dalee-Zakon), the Law of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" and the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting".
2. Registration and accounting of acts of purpose of checks is performed for the purpose of:
collection, accounting, the analysis and provision to state bodies, physical persons and legal entities of the reliable and sufficient legal statistical information created by results of the inspections which are carried out by state bodies of the Republic of Kazakhstan;
increases in efficiency and quality of human rights activities in the country during the planning and optimization of checks of activities of physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised.
3. In these rules the following concepts are used:
1) the information accounting document (further - IUD) - material (paper, magnetic, optical and others) the carrier of legal statistical information (accounting card of form No. 1-P and the coupon notification) based on which data of the state legal statistics and special accounting are created;
2) objects of check - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;
3) check planning - the procedure of systematization, optimization and streamlining of checks by authorized state bodies;
4) subjects of registration - the state bodies authorized by the laws of the Republic of Kazakhstan on conducting checks of activities of physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised.
4. The procedure of registration includes registration in body for legal statistics and special accounting of the act of purpose of check, the notification on suspension, renewal, prolongation of review periods, about change of list of participants, procedure for refusal in registration of the act of purpose of check, accounting of data on check, provision of information accounting documents and its results, removal from accounting in body for legal statistics and special accounting not performed, and also cancellation of their registration.
The procedure of registration does not extend to the legal relationship connected with conducting checks:
when implementing internal control according to the procedure of article 8 of the Law;
in case of control and supervision in the spheres provided by Items 3 and 4 of Article 3 and Item 3 of article 12 of the Law, except as specified, directly stipulated by the legislation the Republic of Kazakhstan.
The checks performed by bodies of prosecutor's office concerning subjects of private entrepreneurship are subject to registration according to the procedure, established by these rules.
In case of absence in the region of military or transport units of body for legal statistics and special accounting, the procedure of registration is performed by territorial subdivision of body for legal statistics and special accounting with the subsequent transfer for data of information accounting documents no later than the next working day in the relevant military or transport unit of body for legal statistics and special accounting, for accounting and control.
5. Subjects of registration conduct the Register of acts of purpose of checks (further - the Magazine) in form according to appendix 1 to Rules. Bodies for legal statistics and special accounting keep the Book of accounting of the registered acts of purpose of checks in form according to appendix 2 to Rules, by state bodies.
6. Registration of the act of purpose of check is performed by body for legal statistics and special accounting prior to check in place of registration of object of check or in the place of implementation of the activities by it, except as specified, provided by the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan".
For registration in body for legal statistics and special accounting are provided the act of purpose of check in duplicate (the original and the copy) in standard form according to appendix 3 to Rules, the completed accounting card of data on the check performed by state body of the Republic of Kazakhstan in form, according to appendix 4 to Rules (further - accounting card f. No. 1-P).
When maintaining the departmental automated systems of accounting of checks for check registration the specified documents signed by the digital signature go in the electronic format determined by body for legal statistics and special accounting according to Chapter 3 of these rules.
In case of lack of the departmental automated system of accounting of checks, the act of purpose of check and accounting card f. No. 1-P can be drawn up in electronic format and, after signing by the digital signature, are provided for registration by web resources of body for legal statistics and special accounting.
In case of carrying out unscheduled inspection on the objects which are on considerable distance from the location of the controlling and registering bodies, registration of the act of purpose of check is performed during the next five working days after the beginning of check.
7. In case of registration of the act of purpose of unscheduled inspection the employee of state body represents the original and the copy of the document which formed the basis for purpose of check, except as specified, provided by the laws of the Republic of Kazakhstan.
The original of the document which formed the basis of purpose of check returns to the employee of state body, and the copy remains in body for legal statistics and special accounting.
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The document ceased to be valid since August 16, 2015 according to the Order of the Attorney-General of the Republic of Kazakhstan of May 29, 2015 No. 67