JOINT ORDER OF I.O. MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN AND I.O. MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 25, 2015 No. 223, on June 30, 2015 No. 486

About approval of criteria for evaluation of risk behind compliance with law of the Republic of Kazakhstan about gaming and forms of checking sheets in the sphere of the state control of compliance with law of the Republic of Kazakhstan about gaming

According to the subitem 2) Item 1 of Article 11, Item 3 of Article 13 and 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 behind compliance with law of the Republic of Kazakhstan about gaming, according to appendix 1 to this joint order;

2) form of checking leaf in the sphere of the state control of compliance with law of the Republic of Kazakhstan about gaming according to appendix 2 to this joint order.

2. To committee on cases of sport and physical culture of the Ministry of Culture and sport of the Republic of Kazakhstan (Kanagatov I. B.) in the procedure established by the legislation:

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

2) within ten calendar days after state registration in the Ministry of Justice of the Republic of Kazakhstan to provide official publication of this joint order in periodic printing editions and information system of law of Ad_let;

3) after official publication to place this joint order on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan;

To provide 4) to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan data on execution of the actions provided by this Item within ten working days from the date of execution of actions.

3. Recognize invalid:

1) the joint order of the Acting Minister of tourism and sport of the Republic of Kazakhstan of September 13, 2011 No. 02-02-18/180 and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of September 16, 2011 No. 299 "About approval of criteria for evaluation of degree of risks in the sphere of private entrepreneurship behind compliance with law of the Republic of Kazakhstan about gaming" (No. registered in the Register of state registration of regulatory legal acts 7219, published in the Kazakhstanskaya Pravda newspaper of 05.11.2011, No. 353-354 (26744-26745));

2) the joint order of the Acting Minister of tourism and sport of the Republic of Kazakhstan of September 13, 2011 No. 02-02-18/182 and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of September 16, 2011 No. 310 "About approval of forms of checking sheets in the sphere of private entrepreneurship behind compliance with law of the Republic of Kazakhstan about gaming" (No. registered in the Register of state registration of regulatory legal acts 7221, published in the Kazakhstanskaya Pravda newspaper of 05.11.2011, No. 353-354 (26744-26745)).

4. To impose control of execution of this joint order on the supervising vice-Minister for Culture and Sports 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 deputy. The Minister for Culture and Sports of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of June 25, 2015 No. 223, on June 30, 2015 No. 486

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about gaming

1. General provisions

1. Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about gaming (further - Criteria) are intended for selection of the checked subjects (objects) for the purpose of conducting checks by authorized body in the field of gaming (further - authorized body).

2. In these Criteria the following concepts are used:

1) 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 not depending directly on the separate checked subject (object);

2) 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) the checked objects - the property which is on the property right or other legal cause at the checked subject, subject to control and supervision;

4) the checked subjects - physical persons (before expiration of the license in the sphere of gaming), legal entities the performing activities of casino, slot machine halls, bookmaker offices, totalizators behind which activities control and supervision are exercised;

5) risk - probability of damnification as a result of activities of the checked subject to legitimate interests of physical persons and legal entities, valuable interests of the state, taking into account severity of its consequences, and also probability of legalization (washing) of income gained in the criminal way and to terrorism financing.

3. Criteria for selective checks are created by means of objective and subjective criteria.

4. Selective checks are carried out based on lists of the selective checks created on semi-annual basis which go to authorized body on legal statistics and special accounting not later than 15 calendar days prior to the beginning of the corresponding accounting period in time.

5. Lists of selective checks are constituted taking into account:

1) priority of the checked subjects (objects) with the greatest exponent of risk by subjective criteria;

2) loads of the officials performing checks, state body.

6. Frequency rate of carrying out selective check cannot be more often than once a year.

2. Objective criteria

7. By objective criteria, the checked subjects (objects) are distributed on two risk degrees: high, not carried to high.

The following checked subjects (objects) belong to high degree of risk assessment:

1) casino;

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