Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  September 18, 2018 according to Item 1 of the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of August 25, 2018 No. 1302

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2014 No. 35

About approval of form of checking leaf and criteria for evaluation of degree of risks of activities of public institutions for compliance with law about copyright and the related rights

According to articles 13 and 15 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" and Item 1 of article 22-1 of the Law of the Republic of Kazakhstan of March 18, 2002 "About judicial authorities", PRIKAZYVAYU:

1. Approve:

1) criteria for evaluation of degree of risks of activities of public institutions for compliance with law about copyright and the related rights according to appendix 1 to this order;

2) form of checking leaf of activities of public institutions for compliance with law of copyright and the related rights according to appendix 2 to this order.

2. To committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (to Estayev A. K.):

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

2) after state registration of this order to provide its official publication;

3) to provide publication of this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the deputy minister of justice of the Republic of Kazakhstan Azimova E. A.

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

Minister

B. Imashev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 30, 2014 No. 35

Criteria for evaluation of degree of risks of activities of public institutions for compliance with law about copyright and the related rights

1. Criteria for evaluation of degree of risks of activities of public institutions for compliance with law about copyright and the related rights (further - Criteria) are developed for conducting planned inspections of the subjects using objects of copyright and the related rights (further - subjects).

2. In these Criteria the following concepts are used:

risk - probability of damnification as a result of activities of the checked subject to legitimate interests of authors, subjects of the related rights or their owners;

subjects of control - the public institutions created by the state according to the Constitution of the Republic of Kazakhstan and legal acts of the Republic of Kazakhstan or regulatory legal acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value and containing only for the budget account or the budget (expense budget) of National Bank of the Republic of Kazakhstan if additional sources of financing are not established by legal acts of the Republic of Kazakhstan.

3. Initially all subjects of control concern group of insignificant risk degree.

4. Secondary reference of subjects of control on risk degrees is performed taking into account sector statistics of violations of the law in the field of author's and the related rights, results of scheduled and unscheduled inspections according to qualitative indexes of risk from activities of subjects.

5. Depending on high-quality criteria for evaluation of degree of risks subjects pass into high, average or insignificant risk degree.

High-quality criteria are estimated in points:

1) use of objects of copyright and the related rights without contract with the owner - 3 points;

2) production, distribution, delivery in hire, provision in temporary use or import for the purpose of income acquisition or rendering services in cases if as a result of such actions becomes impossible use of technical means of protection of copyright and the related rights or these technical means cannot provide proper protection of the specified rights - 2 points;

3) implementation without the permission of the author or other owner of the actions directed to lifting of restrictions of use of works or objects of the related rights established by use of technical means of protection of copyright and the related rights - 1 point;

4) removal or change without the permission of the author or other owner of information on management of the rights - 1 point;

5) reproduction, distribution, import for the purpose of distribution, public performance, the message for general data on cable or transfer to air, informing everyone works or objects of the related rights concerning which without the permission of the author or other owner information on management of property rights - 1 point was removed or changed.

6. Distribution of subjects on risk degree:

1) subjects, by results of checks the gathered from 6 to 8 points treat high risk;

2) subjects, by results of checks the gathered from 3 to 5 points treat average risk degree;

3) subjects, by results of checks the gathered from 0 to 2 points treat insignificant risk degree.

7. Frequency of conducting secondary planned inspections is established in the following procedure:

1) once a year in case of high risk;

2) once in three years - in case of average risk degree;

3) once in five years - in case of insignificant risk degree.

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 30, 2014 No. 35

form

Checking leaf of activities of public institutions for compliance with law about copyright and the related rights

The judicial authority which appointed проверку______________________________________________________________________________

Act of purpose of check ________________________________________________________________________________________

                                                                                                 (No., date)

The name of the subject of the control using objects author's and the related rights

________________________________________________________________________________________________________________

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.