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ORDER OF THE CHAIRMAN OF COMMITTEE ON WORK WITH POOR DEBTORS OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of January 25, 2005 No. 25

About approval of the Instruction for conducting check in territorial authority of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan

For the purpose of implementation of the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1115 "Some questions of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan",

I ORDER:

1. Approve the enclosed Instruction for conducting check in territorial authority of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan.

2. To impose control of execution of this order on vice-chairmen of Committee on work with poor debtors the Ministries of Finance of the Republic of Kazakhstan, according to distribution of obligations.

3. Declare invalid the order of the Chairman of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan of November 3, 2003 No. 60 "About approval of the Instruction for conducting checks in territorial authorities of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan".

4. This order becomes effective from the date of signing.

 

Chairman N. Makazhanov

Approved by the order of the Chairman of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan of January 25, 2005 No. 25

The instruction for conducting check in territorial authority of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan

1. General provisions

1. This Instruction for conducting check in territorial authority of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (further - territorial authority) determines procedure for conducting check of activities of territorial authority.

2. The purpose of check is execution by territorial authority of the main objectives and functions on control of carrying out insolvency proceedings, and also in extrajudicial liquidation procedure of the poor debtor, timely identification and remedial action in work of territorial authority.

3. The basis for implementation of check is the order of the Chairman of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (further - the Order) or person fulfilling its duties about conducting check of territorial authority and the approved schedule of scheduled inspections.

4. The organization and responsibility for conducting check are assigned to the head of working group.

5. Frequency of conducting check makes at least once in two years.

6. Results of check are submitted by the head and/or the working group for discussion of management of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (further management of Committee).

2. Organization and conducting check

7. Actions for preparation for check include studying of the reporting, forecast and other materials characterizing work, and also collection, generalization and the analysis of activities of the checked territorial authority.

8. Checks are subdivided on complex and thematic. If necessary unscheduled inspections of any territorial authority regardless of the schedule can be carried out. The type performed is determined in the Order.

Complex inspection is carried out on the functions entering competence of Committee in the sphere of carrying out insolvency proceedings.

Thematic inspection is carried out on one or several questions entering competence of Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (daleekomitt).

9. The head of working group on conducting check and other staff of Committee included in its structure are appointed by the Order.

10. Head of working group:

the program of conducting check on the basis of "The standard program of conducting check" (Appendix 1 to this Instruction) is determined;

it is instructed the staff of Committee included in its structure on the questions entering the program of check;

the common directorship on the place and control of work of group is performed;

the reference on check is constituted, the offers following from check materials are determined and also measures for elimination of the revealed shortcomings are taken.

11. Workgroup members bear responsibility for:

1) completeness and quality of task performance of check;

2) correctness of documentation of the violations and shortcomings revealed in work of the checked territorial authority;

3) ensuring safety of the documents used during check;

4) disclosure of data, information having office nature;

13. The head of the checked territorial authority shall:

To report 1) to employees about the forthcoming check;

2) to appoint responsible persons on activities for work with working group during conducting check;

3) to provide working group with necessary documents and conditions for conducting check;

4) to render assistance to the working group in check task performance.

3. Procedure for registration of results of check

12. Results of check are drawn up in the form of the reference consisting of three parts:

1) production part includes data on the checked territorial authority, the officials participating in check, number and date of the order on purpose of check, the period of its carrying out on the questions entering the program of conducting check;

2) the main part includes information on implementation by territorial authority within the powers of control of carrying out insolvency proceedings conferred to it, and also in extrajudicial liquidation procedure of the poor debtor;

3) final part consists of conclusions and offers on remedial action, administration improvement.

In case of need in the form of appendices to the reference tables, schedules, schemes and other documents confirming the separate facts are drawn up in addition.

13. In case of establishment of violation their short description with reference to the corresponding legislative and other regulatory legal acts is provided.

14. On the revealed violations the head of group has the right to request from explanations responsible persons and/or them allowed.

15. The violations and shortcomings revealed by the previous check are reflected in the reference in cases when measures for their elimination are not taken or have systematic character.

16. The reference is signed by the head, members of group and it is represented on acquaintance to the head, staff of the checked territorial authority.

17. The refusal of the head of the checked territorial authority of vising of the reference does not form the basis for discharge, for the allowed violations of the current legislation.

18. By results of check the head of group or workgroup member constitutes the service record and reports at meeting on management of Committee on results of check. Discussion results, the made decisions are drawn up by the protocol.

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