I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2015 No. 343

About approval of the Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of risks assessment

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", PRIKAZYVAYU:

1. Approve the enclosed Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of risks assessment.

2. To provide to development department of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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 in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of April 17, 2015 No. 343

Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of risks assessment

1. General provisions

1. The technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of risks assessment (further - the Technique) is 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" (further - the Law).

2. The technique is intended for development of criteria for evaluation of risk degree by regulatory state agencies for selection of the checked subjects (objects) for the purpose of conducting checks, and also forms of the checking sheets approved according to Item 3 of Article 13 and Item 1 of article 15 of the Law. This Technique does not extend to the checks performed by National Bank of the Republic of Kazakhstan.

3. In this Technique 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 consequences;

2) system of risks assessment - the complex of actions held by control facility and supervision for the purpose of purpose of checks;

3) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on risk degree in certain field of activity and which are not depending directly on the separate checked subject (object);

4) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on results of activities of the specific checked subject (object);

5) the checking sheet - the list of requirements including only those requirements to activities of the checked subjects which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.

4. Regarding technical capability of automation of systems of risks assessment and compliance to requirements of information system - the unified register of subjects and objects of checks, regulatory legal acts of state bodies about approval of criteria for evaluation of degree of risks and checking sheets are subject to coordination before their approval in authorized body on legal statistics and special accounting.

The term of coordination by authorized body on legal statistics and special accounting constitutes five working days.

5. The special procedure for conducting checks and selective checks are applied to the checked subjects (objects) carried to high risk.

Unscheduled inspections and other forms of control and supervision are applied to the checked subjects (objects) carried to high and which are not carried to high risk.

2. Methods for special procedure for conducting checks based on semi-annual schedules

6. Criteria for evaluation of risk degree for special procedure for conducting checks based on semi-annual schedules are created by means of objective and subjective criteria.

Paragraph 1. Objective criteria

7. Determination of objective criteria is performed by means of the following stages:

1) risk identification;

2) group and distribution of the checked subjects (objects) on risk degrees (high and not carried to high).

8. Risk identification is performed depending on specifics of the sphere in which the state control and supervision taking into account one of the following criteria is exercised:

1) level of danger (complexity) of object;

2) scales of weight of possible negative consequences, harm on the regulated sphere (area);

3) possibilities of approach of adverse incident for life or health of the person, environment, legitimate interests of physical persons and legal entities, valuable interests of the state.

9. After carrying out the analysis of all possible risks, the checked subjects (objects) are distributed on two risk degrees (high and not carried to high).

The special procedure for conducting checks based on semi-annual schedules is applied to the checked subjects (objects) carried to high risk.

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