JOINT ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2015 No. 739, on July 20, 2015 No. 543

About approval of criteria for evaluation of risk degree and forms of checking sheets in the field of automobile, railway, inland water transport and merchant shipping

According to the subitem 2) Item 1 of Article 11, Item 3 of Article 13, Item 1 of article 15 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the field of road transport according to appendix 1 to this joint order;

2) criteria for evaluation of risk degree in the field of rail transport according to appendix 2 to this joint order;

3) form of checking leaf in the field of the state control in the field of road transport according to appendix 3 to this joint order;

4) form of checking leaf in the field of the state control in the field of rail transport according to appendix 4 to this joint order;

5) form of checking leaf in the field of the state control and supervision in the field of inland water transport according to appendix 5 to this joint order;

6) form of checking leaf in the field of the state control and supervision in the field of merchant shipping according to appendix 6 to this joint order.

2. Recognize invalid some regulatory legal acts according to appendix 7 to this joint order.

3. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

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

2) within ten calendar days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan, the direction it the copy on official publication in periodic printed publicity materials and information system of law of Ad_let;

3) placement of this joint order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 3 presents of the joint order.

4. To impose control of execution of this joint order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

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

Appendix 1

to the Joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 29, 2015 No. 739, on July 20, 2015 No. 543

Criteria for evaluation of risk degree in the field of road transport

1. General provisions

1. These criteria for evaluation of risk degree in the field of road transport (further – criteria) are developed according to the subitem 2) of Item 1 of article 11 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan".

2. In criteria the following basic concepts are used:

1) the checked subjects in the field of road transport (further – the checked subjects) – the automobile carriers, carriers of taxi, persons rendering services of bus stations, bus stations and service points of passengers and also operators of technical inspection;

2) 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 effects;

3) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with direct activities of the checked subject, the features of industry development and factors influencing this development, the checked subjects allowing to carry to different risk degrees;

4) 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);

5) 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).

3. These criteria are created by means of objective and subjective criteria.

2. Objective criteria

4. Primary reference of the checked subjects on degrees of risks is performed on the basis of objective criteria.

5. Risk identification in the field of road transport is performed depending on 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, from non-compliance with safety of operation of vehicles.

6. By objective criteria the checked subjects (objects) belong to high risk:

1) automobile carriers;

2) carriers of taxi;

3) operators of technical inspection.

To not carried to high risk persons rendering services of bus stations, bus stations and service points of passengers belong.

7. Concerning the checked subjects carried to high risk selective checks, unplanned and other forms of control are carried out.

3. Subjective criteria

8. Determination of subjective criteria is performed based on the analysis of results of the checks, monitoring of the reporting and data represented by the checked subject, claims and addresses, official Internet resources of state bodies, mass media, and also the analysis of the information provided by authorized state bodies and the organizations.

9. For assessment of degree of risks the following sources of information are used:

1) results of the previous checks. At the same time severity of violations (rough, considerable, insignificant) is established in case of non-compliance with requirements of the legislation of the Republic of Kazakhstan;

2) results of monitoring of the reporting and the data represented by the checked subject including by means of the automated information systems;

3) availability and the number of the confirmed claims and addresses;

4) analysis of official Internet resources of state bodies, mass media;

5) analysis results of the information provided by authorized bodies and the organizations.

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