of October 24, 2014 No. 7
About approval of provisions of territorial subdivisions of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan
In compliance spodpunkty 2) Item 3 of Article 3 and the subitem 6) of Item 1 of article 29 of the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts", Item 16 and the subitem 5) of Item 21 of the Regulations on Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan approved by the order of the Minister of national economy of the Republic of Kazakhstan of October 3, 2014 No. 43 (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 9783) I ORDER:
1. Approve:
1) Regulations on republican public institution "Department on consumer protection of Akmola area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 1 to this order;
2) Regulations on republican public institution "Department on consumer protection of the Aktyubinsk region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 2 to this order;
3) Regulations on republican public institution "Department on consumer protection of Almaty region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 3 to this order;
4) Regulations on republican public institution "Department on consumer protection of Atyrau area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 4 to this order;
5) Regulations on republican public institution "Department on consumer protection of the East Kazakhstan region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 5 to this order;
6) Regulations on republican public institution "Department on consumer protection of Jambyl area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 6 to this order;
7) Regulations on republican public institution "Department on consumer protection of the West Kazakhstan region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 7 to this order;
8) Regulations on republican public institution "Department on consumer protection of the Karaganda region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 8 to this order;
9) Regulations on republican public institution "Department on consumer protection of the Kostanay region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 9 to this order;
10) Regulations on republican public institution "Department on consumer protection of Kyzylorda area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 10 to this order;
11) Regulations on republican public institution "Department on consumer protection of the Pavlodar region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 11 to this order;
12) Regulations on republican public institution "Department on consumer protection of Mangystau Region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 12 to this order;
13) Regulations on republican public institution "Department on consumer protection of the North Kazakhstan area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 13 to this order;
14) Regulations on republican public institution "Department on consumer protection of the Southern Kazakhstan area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 14 to this order;
15) Regulations on republican public institution "Department on consumer protection of the city of Astana of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 15 to this order;
16) Regulations on republican public institution "Department on consumer protection of the city of Almaty of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 16 to this order;
17) Regulations on republican public institution "Department on consumer protection on transport of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" according to appendix 17 to this order.
2. To management of legal service of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan (Dzhambulov E. B.) 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) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on Internet resource of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan.
3. To departments on consumer protection of areas, cities of Astana and Almaty, on transport of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan to take the adequate measures following from this order.
4. This order becomes effective from the date of its first official publication.
Chairman
A. Matishev
Appendix 1
to the Order of the Chairman of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan of October 24, 2014 No. 7
1. Republican public institution "Department on consumer protection of Akmola area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" (further - Department) is the territorial subdivision of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) performing cross-industry coordination, control and supervising, realizable functions 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) in the territory of the area.
The department has territorial subdivisions - managements on consumer protection of the respective area, city (district of the city).
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department 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, according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury.
4. The department enters the civil relations from own name and on behalf of Committee if it is authorized on it.
5. The department 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 of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 020000, Republic of Kazakhstan, Akmola area, city of Kokshetau, Ulitsa Kenesary 14-A.
9. Full name of state body - republican public institution "Department on consumer protection of Akmola area of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of state body.
If the Department 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.
13. Tasks of Department:
1) ensuring realization of state policy in the sphere of consumer protection and sanitary and epidemiologic wellbeing of the population in the territory of the area;
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 Department within the competence.
14. Functions of Department:
1) interaction with state bodies, with physical persons and legal entities, non-governmental organizations, public associations of consumers on questions in the regulated sphere;
2) ensuring compliance with the laws and other regulatory legal acts of the Republic of Kazakhstan within the competence;
3) ensuring implementation of the state and other programs, projects, strategic plans in the regulated sphere;
4) introduction of suggestions for improvement of the legislation of the Republic of Kazakhstan in the regulated sphere;
5) consideration of appeals of physical persons and legal entities concerning consumer protection and ensuring sanitary and epidemiologic wellbeing of the population;
6) 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;
7) submission of offers on determination of the territory or its part, free from infectious diseases or with the low level of prevalence of infectious diseases;
8) holding qualification examinations for specialists of sanitary and epidemiologic profile with assignment of qualification categories according to competence;
9) 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;
10) 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;
11) determination of obligatory amounts of works (services) of the jurisdictional state enterprises financed from the budget;
12) carrying out epidemiological control of infectious and parasitic diseases;
13) establishment of restrictive actions, including quarantine on separate objects;
14) issue based on results of checks, other forms of control and sanitary and epidemiologic examination, the sanitary and epidemiologic conclusions;
15) the general organization, coordination and control of activities of territorial administrations of Department of Committee within competence;
16) control and supervision in the corresponding territory within the competence;
17) 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;
18) 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;
19) 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;
20) 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;
21) rendering the state services in the regulated sphere within the competence;
22) conducting investigations of violations of the law in the sphere of sanitary and epidemiologic wellbeing of the population within the competence;
23) implementation of other functions and the directions assigned to department by the legislation of the Republic of Kazakhstan.
15. Rights and obligations of Department:
1) to request and receive from state bodies, physical persons and legal entities, including from the Centers of sanitary and epidemiologic examination, antiplague and disinfection stations in the corresponding territory information on questions in the regulated sphere;
2) to coordinate work of local executive bodies in the regulated sphere;
3) to coordinate work of territorial authorities and organizations for the main activities, planning and execution of the republican budget;
3) to take a legal action in case of failure to carry out or inadequate accomplishment by physical persons and legal entities of legal requirements or instructions, the resolutions issued by officials of bodies in the sphere of consumer protection;
4) to organize rendering the advisory help to territorial subdivisions and organizations in the regulated sphere, to physical persons and legal entities within the competence;
5) to propagandize knowledge of questions in the regulated sphere;
To create 6) advisory and consultative and commissions of experts within the competence;
7) to keep financial accounting and to create the financial reporting;
8) not to disclose information, component commercial, office, other, protected by the law, the secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;
9) to carry out the analysis of application of the legislation of the Republic of Kazakhstan in the regulated sphere;
To involve 10) in conducting checks and examinations of specialists from other organizations in the procedure established by the legislation;
11) to create and provide functioning of electronic information resources and information systems, information and communication networks, to organize access of physical persons and legal entities to them according to the legislation of the Republic of Kazakhstan in the sphere of informatization;
12) to conclude memorandums (agreements) with heads of local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;
13) to perform other rights provided by the existing legal acts.
16. Management of Department is performed of the Head of Department who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.
17. The head of Department is appointed to position and dismissed according to the procedure, stipulated by the legislation the Republic of Kazakhstan.
18. The head of Department has deputies who are appointed to positions and are dismissed according to the procedure, stipulated by the legislation the Republic of Kazakhstan.
19. Powers of the Head of Department:
1) according to the legislation of the Republic of Kazakhstan appoints to positions and dismisses:
staff of Department;
heads and deputy managers of district (city) managements of Department in coordination with the Chairman of Committee;
the staff of district (city) managements of Department on representation of heads of district (city) managements of Department;
2) according to regulatory legal acts of the Republic of Kazakhstan resolves issues of encouragement, sending, provision of leaves, rendering financial support, payment of allowances and awarding of staff of Department, and also heads, deputy managers and the staff of district (city) managements of Department;
3) in the procedure established by the legislation of the Republic of Kazakhstan, imposes authority punishments on the staff of Department appointed by it, and also heads, deputy managers and the staff of district (city) managements of Department;
4) determines obligations, powers and responsibility of staff of Department, heads, deputy managers and the staff of district (city) managements of Department, and also approves their job descriptions;
5) signs orders on the questions entering its competence;
6) is represented by Department in state bodies and other organizations;
7) approves provisions of territorial subdivisions of Department;
8) performs other powers according to the legislation of the Republic of Kazakhstan.
Execution of powers of the Head of Department in the period of its absence is performed by person replacing it according to the legislation of the Republic of Kazakhstan.
20. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation the Republic of Kazakhstan.
21. The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.
22. The property assigned to Department belongs to republican property.
23. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan.
24. Reorganization and abolition of Department are performed according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the Chairman of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan of October 24, 2014 No. 7
1. Republican public institution "Department on consumer protection of the Aktyubinsk region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan" (further - Department) is the territorial subdivision of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) performing cross-industry coordination, control and supervising, realizable functions 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) in the territory of the area.
The department has territorial subdivisions - managements on consumer protection of the respective area, city (district of the city).
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department 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, according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury.
4. The department enters the civil relations from own name and on behalf of Committee if it is authorized on it.
5. The department 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 of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 030012, Republic of Kazakhstan, Aktyubinsk region, city of Aktobe, Prospekt Sankibay of the batyr 1.
9. Full name of state body - republican public institution "Department on consumer protection of the Aktyubinsk region of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
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