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The document ceased to be valid since September 24, 2014 according to Item 6 of the Order of the Government of the Republic of Kazakhstan of September 24, 2014 No. 1011

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2013 No. 1538

Questions of the Agency of the Republic of Kazakhstan on consumer protection

(as amended on 23-09-2014)

For the purpose of implementation of the Presidential decree of the Republic of Kazakhstan of November 13, 2013 "About consumer protection Agency of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 691

1. Abolish Committee of the state sanitary and epidemiological surveillance of the Ministry of Health of the Republic of Kazakhstan with cession of property to consumer protection Agency of the Republic of Kazakhstan (further - the Agency).

2. Approve enclosed:

1) Regulations on the Agency;

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

3. Rename bodies and the organizations of Committee of the state sanitary and epidemiological surveillance of the Ministry of Health of the Republic of Kazakhstan into bodies and the organizations of the Agency according to appendix to this resolution.

4. To the agency and the Ministries of Health, the industry and new technologies of the Republic of Kazakhstan, to Agency of the Republic of Kazakhstan on protection of the competition in the procedure established by the legislation to take other measures following from this resolution.

5. This resolution becomes effective from the date of signing.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2013 No. 1538

Regulations on the Agency of the Republic of Kazakhstan on consumer protection

1. General provisions

1. The consumer protection agency of the Republic of Kazakhstan is the state body of the Republic of Kazakhstan performing management and regulation in the sphere of consumer protection, sanitary and epidemiologic wellbeing of the population, control and supervision of observance of the requirements established by technical regulations and regulating documents on products and services, implementable consumers, and also in the field of safety of food products at stage of its realization (further - the regulated sphere), performing cross-industry coordination, strategic, regulating, control and supervising, realizable and allowing functions.

2. The consumer protection agency of the Republic of Kazakhstan has territorial authorities in areas, the cities of Astana and Almaty, areas, the cities and areas in the cities, and also territorial authorities on transport.

3. The consumer protection agency of the Republic of Kazakhstan performs the activities according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The consumer protection agency of the Republic of Kazakhstan is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan has accounts in bodies of treasury.

5. The consumer protection agency of the Republic of Kazakhstan enters the civil relations from own name.

6. The consumer protection agency of the Republic of Kazakhstan has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

7. The consumer protection agency of the Republic of Kazakhstan concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the Chairman of the Agency of the Republic of Kazakhstan on consumer protection and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Agency of the Republic of Kazakhstan of consumer protection affirms according to the current legislation.

9. The location of the legal entity - 010000, the city of Astana, Ulitsa Orynbor, 8.

10. Full name of state body - public institution "Consumer protection agency of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Agency of the Republic of Kazakhstan on consumer protection.

12. Financing of activities of the Agency of the Republic of Kazakhstan for consumer protection is performed at the expense of means of the republican budget.

13. The consumer protection agency of the Republic of Kazakhstan is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Agency of the Republic of Kazakhstan on consumer protection.

If the consumer protection Agency of the Republic of Kazakhstan by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

2. Mission, main objectives, functions, rights and obligations of the Agency of the Republic of Kazakhstan for consumer protection

14. Mission:

ensuring consumer protection and sanitary and epidemiologic wellbeing of the population, implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population.

15. Tasks:

1) ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

2) implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

3) implementation of other tasks assigned to consumer protection Agency of the Republic of Kazakhstan within the competence.

16. Functions:

1) entering of offers into the Government of the Republic of Kazakhstan in the main directions of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

2) forming of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

3) interaction with state bodies, with physical persons and legal entities, non-governmental organizations, public associations of consumers on questions in the regulated sphere;

4) introduction of restrictive actions, including quarantine, with special conditions of economic and (or) other activity and life of the population;

5) issue based on results of check, other forms of control and sanitary and epidemiologic examination, the sanitary and epidemiologic conclusions according to the legislation of the Republic of Kazakhstan;

6) prohibition of import, production, application and realization in the territory of the Republic of Kazakhstan products, held for use and applications by the population, in business and (or) other activity according to the procedure, approved by the Government of the Republic of Kazakhstan;

7) prohibition of production, application and realization of new types of raw materials, products, chemicals, processing equipment, mechanisms, processes, tools, in case of recognition their life-threatening and human health;

8) prohibition of realization of not iodinated salt, except as specified, established by the Government of the Republic of Kazakhstan;

9) suspension of operations or separate types of activity of the individual entrepreneur or legal entity according to the legislation of the Republic of Kazakhstan on administrative offenses;

10) ensuring compliance with the laws and other regulatory legal acts of the Republic of Kazakhstan within the competence;

11) ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

12) ensuring implementation of the state and other programs and projects, strategic plans in the regulated sphere;

13) ensuring national security within the competence;

14) safety of food products at stage of its realization;

15) the organization and carrying out within the competence of sanitary and anti-epidemic (preventive) actions in case of food poisonings, infectious, parasitic and other diseases;

16) the organization and holding actions for sanitary protection of the territory of the republic from drift and spread of infectious, parasitic diseases;

17) conducting sanitary and epidemiologic examination of projects;

18) the organization and carrying out advanced training and retraining of personnel in the regulated sphere;

19) carrying out researches and testing within the competence;

20) the organization and holding sanitary and anti-epidemic (preventive) actions at check points through the Frontier of the Republic of Kazakhstan matching customs border of the Customs union, except for automobile check points, sanitary and quarantine control of the passengers, crews, crews of train, vehicles, freights constituting health hazard of the population for the purpose of non-admission of delivery and distribution in the corresponding territory of infectious, parasitic diseases, and also substances and products potentially hazardous to health of the person;

21) conducting checks of the vehicles used to transportation of passengers, foodstuff, food staples, economic drinking water, radioactive, dangerous, chemical and toxic materials, conditions of transportation of passengers and freights;

22) carrying out monitoring and the analysis of activities of state bodies in the sphere of consumer protection and entering of offers into the Government of the Republic of Kazakhstan on enhancement of activities of state bodies concerning consumer protection;

23) carrying out cross-industry coordination of state bodies on ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population;

24) implementation within the competence of the activities connected with licensing for the types of activity which are subject to licensing and ensuring the state control of observance by licensees of the legislation of the Republic of Kazakhstan;

25) implementation of the state supervision and control within the competence in the territory of the state according to the legislation of the Republic of Kazakhstan;

26) implementation of state registration, re-registration and withdrawal of the decision on state registration of products of baby food, food and dietary supplements to food, genetically modified objects, dyes, means of disinfection, disinsection and deratization, materials and products contacting to water and food, chemicals, the separate types of products and substances making harmful effects on health of the person;

27) control of carrying out preventive inoculations to the population;

28) control over implementation and application in practice of means of disinfection, disinsection, deratization and dietary supplements to food;

29) control and supervision of fulfillment of requirements of the legislation of the Republic of Kazakhstan on prevention of iodine-deficiency diseases;

30) carrying out sanitary and epidemiologic monitoring of the state of health of the population and the environment with forming of the corresponding databank, accounting and statistics;

31) carrying out epidemiological control of infectious diseases;

32) implementation of functions of state body of jurisdictional enterprises in the sphere of the activities;

33) control and supervision of observance of the requirements established by technical regulations and regulating documents on products and services, implementable consumers and also in the field of safety of food products at stage of its realization;

34) control of advertizing of dietary supplements to food;

35) taking measures to enhancement of the legislation of the Republic of Kazakhstan in the regulated sphere;

36) development and coordination within the competence of regulatory legal acts of the regulated sphere;

37) development of forms of the departmental statistical reporting, checking sheets, criteria for evaluation of risk degree and semi-annual plans of checks according to the Law of the Republic of Kazakhstan "About the state control and supervision";

38) hearing of cases about administrative offenses and imposing of administrative punishments according to the legislation of the Republic of Kazakhstan on administrative offenses;

39) consideration of appeals of physical persons and legal entities concerning consumer protection and ensuring sanitary and epidemiologic wellbeing of the population;

40) coordination of import of the x-ray equipment, devices and equipment with use of radioactive materials and isotopes;

41) coordination of import (export) of the toxic agents which are not precursors of drugs and psychotropic substances;

42) adoption of acts of the established violations of requirements of the legislation of the Republic of Kazakhstan;

43) for conducting sanitary and epidemiologic examination request of the materials necessary for studying of impact assessment of object of examination for the environment and health of the population, and also removal of tests and sampling of products in the quantities sufficient and not exceeding necessary amounts for its carrying out, without compensation of cost of these products;

44) conducting the state sanitary and epidemiologic examination of projects;

45) introduction of offers on development of concepts, strategy, development plans, state and other programs in the regulated sphere;

46) introduction of offers on cancellation, change of the acts adopted by state bodies violating the law of the Republic of Kazakhstan in the regulated sphere, and also their reduction in compliance with the legislation of the Republic of Kazakhstan;

47) issue of instructions about elimination of violations of requirements of the legislation of the Republic of Kazakhstan in the sphere of sanitary and epidemiologic wellbeing of the population;

48) challenge in bodies for consumer protection of physical, official, legal entities for consideration of the facts of violation of the law of the Republic of Kazakhstan within the competence;

49) suspension or prohibition of application of products of baby food, food and dietary supplements to food, genetically modified objects, materials and products contacting to water and food, chemicals, the separate types of products and substances making harmful effects on health of the person;

50) the direction of the persons which are potential sources of spread of infectious and parasitic diseases, and also being in contact with infectious patients on physical examination with their discharge from work before receipt of results of laboratory inspection;

51) the direction according to indications on hospitalization of persons which are sources of infectious and parasitic diseases;

52) rendering the state services in the regulated sphere;

53) determination of the territory or its part, free from diseases or with the low level of prevalence of diseases;

54) determination of priority activities and obligatory amounts of works (services) subordinated to Agency of the Republic of Kazakhstan on consumer protection of the state companies financed from the budget;

55) implementation of public procurements of goods, works and services;

56) control in the regulated sphere in the form of check and other forms of control according to the current legislation of the Republic of Kazakhstan;

57) implementation of radiation control in the sphere of sanitary and epidemiologic wellbeing of the population in the territory of the Republic of Kazakhstan;

58) adoption of resolutions on temporary discharge from work of the persons which are belonging to dekretirovanny national groups, being source of infectious and parasitic diseases, and also who timely did not have obligatory medical examinations;

59) suspension before elimination of violations of regulatory legal acts in the sphere of sanitary and epidemiologic wellbeing of the population and hygienic standard rates of separate work types, the operation operating, which is based or the reconstructed objects according to the legislation of the Republic of Kazakhstan on administrative offenses;

60) holding qualification examinations for specialists of sanitary and epidemiologic profile with assignment of qualification categories;

61) conducting investigations of violations of the law in the sphere of sanitary and epidemiologic wellbeing of the population;

62) consideration, coordination and approval of development plans for the jurisdictional republican state enterprises and reports on their execution in cases, stipulated by the legislation;

63) the requirement of performing obligatory vaccination of the population, preventive and focal disinfection, disinsection and deratization in rooms and on vehicles, the territories, in the centers of infectious and parasitic diseases;

64) establishment of restrictive actions, including quarantine on separate objects, according to the procedure, approved by the Government of the Republic of Kazakhstan;

65) establishment and change of the size of sanitary protection zones;

66) participation in state examination of projects within the competence;

67) participation in the organization and holding republican and regional seminars, scientific and practical conferences on questions in the regulated sphere, planning and budget implementation, financial accounting and public procurements;

68) maintaining the register of potentially dangerous chemical, biological substances forbidden to application in the Republic of Kazakhstan;

69) coordination within competence of drafts of the state and international standards on products, goods, processes, service, designing regulation;

70) recognition of sanitary and anti-epidemic (preventive) actions of other countries equivalent if these actions provide the proper level of sanitary and epidemiologic wellbeing of the population in the territory of the Republic of Kazakhstan;

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