of December 25, 2015 No. 15-3/1134, 28 of December, 2015 No. 813
About approval of criteria for evaluation of degree of risks and checking sheets in the field of regulation of the market of grain, safety and quality of cotton
According to Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYEM:
1. Approve:
1) criteria for evaluation of degree of risks in the field of grain market regulation, according to appendix 1 to this joint order;
2) criteria for evaluation of degree of risks in the field of safety and quality of cotton, according to appendix 2 to this joint order;
3) checking leaf in the field of grain market regulation, according to appendix 3 to this joint order;
4) checking leaf in the field of safety and quality of cotton, according to appendix 4 to this joint order.
2. Declare invalid the joint order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 3, 2015 No. 15-03/609 and the Minister of national economy of the Republic of Kazakhstan of July 10, 2015 No. 522 "About approval of criteria for evaluation of risk degree and forms of checking sheets on the state control in the field of regulation of the market of grain, safety and quality of cotton" (registered in the Register of the state registration of regulatory legal acts for No. 11860, published on October 30, 2015 in information system of law of Ad_let).
3. To provide to committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:
1) the state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the 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 printing editions and in information system of law of Ad_let;
3) the direction of the copy of this order within ten calendar days from the date of its obtaining in the Republican state company on the right of economic introduction "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";
4) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and on the intranet portal of state bodies.
4. To impose control of execution of this joint order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.
5. This joint order becomes effective after ten calendar days after day of its first official publication.
Minister of Agriculture of the Republic of Kazakhstan |
______________ A. Mamytbekov |
Minister of national economy of the Republic of Kazakhstan |
_____________ E.Dosayev |
It is approved Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan December 29, 2015 |
____________________ S. Aytpayeva |
Appendix 1
to the joint Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 25, 2015 No. 15-03/1134, 28 of December, 2015 No. 813
1. These Criteria for evaluation of degree of risks in the field of grain market regulation (further - Criteria) are developed, according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, for reference of subjects of control in the field of regulation of the market of grain to risk degrees and selection of the checked subjects when carrying out selective checks.
2. In these Criteria the following concepts are used:
1) insignificant violation - violation of the requirements established by regulatory legal acts in the field of grain regarding the wrong maintaining documentation in the field of the grain market;
2) considerable violation - violation of the requirements established by regulatory legal acts in the field of grain regarding untimely holding actions for transfer of grain into winter storage conditions, discrepancy of processing equipment, failure to provide timely information and documentation in the field of the grain market;
3) objective criteria - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on risk degree in the field of regulation of the market of grain and which are not depending directly on the separate checked subject (object);
4) gross violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of regulation of the market of grain, attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" regarding violation which can lead to deterioration in quantitative and qualitative safety of grain, including to the facts of loss and spoil of grain, non-compliance with storage conditions of grain, non-execution by cereal receiving points of obligations according to the grain receipts issued by them, availability of the confirmed claims and addresses from participants of the grain market on control subjects, and also realization of grain for export without the corresponding quality certificates of grain;
5) 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);
6) risk - probability of damnification to legitimate interests of physical persons and legal entities, valuable interests of the state as a result of activities of the checked subject taking into account severity of its effects, expressed as loss, shortage, damage, spoil and quality degradation of grain, in consequence of violation of requirements of the legislation on grain, and also probability of damnification of life or to health of the person;
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The document ceased to be valid since July 30, 2019 according to Item 2 of the Joint Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 10, 2019 No. 259, on July 12, 2019 No. 63