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The document ceased to be valid since  November 18, 2018 according to Item 2 of the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 30, 2018 No. 757, on October 30, 2018 No. 32

JOINT ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN AND I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 11, 2015 No. 1018, on January 6, 2016 No. 1

About approval of criteria for evaluation of risk degree, checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

(as amended on 14-02-2017)

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, we ORDER:

1. Approve:

1) criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system, according to appendix 1 to this order;

2) checking leaf on the state control of security activities, according to appendix 2 to this order;

3) checking leaf on the state control of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization according to appendix 3 to this order;

4) checking leaf on the state control of activities for installation, adjustment and maintenance of means of the security alarm system, according to appendix 4 to this order.

2. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide:

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 the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in the Republican state company on the right of economic maintaining "Republican the center of legal information" the Ministries of Justice of the Republic of Kazakhstan for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its placement on official Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan and the intranet portal of state bodies;

5) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this order.

3. Declare invalid the joint order of the Minister of national economy of the Republic of Kazakhstan of June 29, 2015 No. 465 and the Minister of Internal Affairs of the Republic of Kazakhstan of June 23, 2015 No. 556 "About approval of criteria for evaluation of risk degree, forms of checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization, and of activities for installation, adjustment and maintenance of means of the security alarm system" (registered in the Register of state registration of regulatory legal acts on July 29, 2015 for No. 11784).

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan Turgumbayev E. Z.

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

Acting minister of national economy of the Republic of Kazakhstan

 

_______________ M. Kusainov

Minister of Internal Affairs of the Republic of Kazakhstan

_____________ K. Kasymov

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

January 15, 2016

 

 

_____________ S. Aytpayeva

Appendix 1

to the joint Order of the Minister of national economy of the Republic of Kazakhstan and the Minister of Internal Affairs of the Republic of Kazakhstan of January 6, 2016 No. 1, on December 11, 2015 No. 1018

Criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

1. General provisions

1. These criteria for evaluation of risk degree (further – Criteria) are developed for the subjects of private entrepreneurship who are engaged in security activities, activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and activities for installation, adjustment and maintenance of means of the security alarm system.

2. In these Criteria 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 effects;

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

3) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of the checked subjects depending on results of activities of the specific checked subject;

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

5) gross violations – the violations established by regulatory legal acts of the Republic of Kazakhstan, connected with non-compliance with the prohibiting, limiting legislation regulation (it is forbidden, it is forbidden, are prohibited, restrictions, have no right, cannot, cannot, have no, not having, shall be, not consisting); with failure to meet requirements of the legislation to specialized training centers and their branches on availability of shooting shooting gallery; non-presentation of the reporting, information, data at the request of law-enforcement bodies or provision of doubtful; and also availability of the adverse incidents which arose because of the worker, the head, the founder of the checked subject or the most checked subject; availability of the confirmed claims and addresses;

6) considerable violations – violations by the checked subject of requirements of the legislation of the Republic of Kazakhstan which making does not influence quality of the services rendered by the subject;

7) insignificant violations – non-compliance by the checked subject of the legislation of the Republic of Kazakhstan regarding the conclusion of written form of service provision agreements, and also availability of the proved to be true negative publications and consecrations of quality of the services rendered by the checked subject in mass media.

3. Criteria for evaluation of risk degree for selective checks it is created by means of objective and subjective criteria.

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

1) risk identification.

Risk identification is performed depending on:

scales of weight of possible negative effects of harm on the regulated sphere (area);

possibilities of approach of adverse incident of life or to health of the person, environment, legitimate interests of physical persons and legal entities, valuable interests of the state;

2) distribution of the checked subjects on risk degrees (high and not carried to high) and determination of risk degree in which selective checks will be carried out.

Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

2. Objective criteria for evaluation of risk degree

4. By objective criteria the checked subjects belong:

to high risk:

1) the legal entities performing security activities, activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization with use of office weapon;

2) the legal entities performing security activities, installation, adjustment and maintenance of means of the security alarm system, activities of specialized training centers for preparation and advanced training of the workers holding the positions of the head and security guard in the private security organization numbering the annual average number of workers more than two hundred fifty people;

3) the legal entities performing activities for installation, adjustment and maintenance of means of the security alarm system and who are at the same time engaged in security activities with use of office weapon;

to the checked subjects which are not carried to high risk:

1) the legal entities performing exclusively security activities, without use of office weapon and less than two hundred fifty people numbering the annual average number of workers;

2) the legal physical persons who are engaged only in activities for installation, adjustment and maintenance of means of the security alarm system, numbering the annual average number of workers less than two hundred fifty people.

Concerning the checked subjects carried to high risk selective checks, unscheduled inspections and other form of control are carried out.

Concerning the checked subjects which are not carried to high risk unscheduled inspections and other form of control are carried out.

3. Subjective criteria for evaluation of risk degree

5. For assessment of degree of risks of the checked subjects performing security activities the following sources of information are used:

1) results of monitoring of information, reporting, the data represented by the checked subject and the operational and preventive events held by law enforcement and special state bodies;

2) results of the previous check. Severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation of the Republic of Kazakhstan reflected in checking sheets;

3) availability of the adverse incidents which arose because of the checked subject. Treat adverse incidents:

initiation of criminal and/or administrative case concerning the worker, the head, the founder (participant) of the checked subject or the most checked subject;

making of offense, the emergency which is directly connected with ensuring protection (rendering security services) on the object protected by the checked subject;

loss, loss of office and civil weapon, special means;

4) availability of the confirmed claims and addresses;

5) the analysis of publications and consecrations in mass media.

6. For assessment of degree of risks of the checked subjects performing activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization (further – SUTs) use the following sources of information:

1) results of monitoring of information, reporting, the data represented by the checked subject and the operational and preventive events held by law enforcement and special state bodies;

2) results of the previous check. Severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation of the Republic of Kazakhstan reflected in checking sheets;

3) availability of the adverse incidents which arose because of the checked subject. Treat adverse incidents: initiation of criminal and/or administrative case concerning the worker, the head, the founder (participant) of the checked subject or the most checked subject;

loss, loss of office and civil weapon, special means;

4) availability of the confirmed claims and addresses;

5) the analysis of publications and consecrations in mass media.

7. For assessment of degree of risks of the checked subjects performing activities for installation, adjustment and maintenance of means of the security alarm system the following sources of information are used:

1) results of the previous check. Severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation of the Republic of Kazakhstan reflected in checking sheets;

2) availability of the adverse incidents which arose because of the checked subject. Treat initiation of criminal and/or administrative case concerning the worker adverse incidents, the head, the founder (participant) of the checked subject or the most checked subject;

3) availability of the confirmed claims and addresses;

4) the analysis of publications and consecrations in mass media;

5) results of the operational and preventive events held by law enforcement and special state bodies;

6) results of other forms of control. Severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation of the Republic of Kazakhstan reflected in checking sheets.

8. Based on the available sources subjective criteria are subdivided into three extents of violation: rough, considerable, insignificant.

Extent of violations is appropriated to subjective criteria depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier.

The subjective criteria applied in case of assessment of risk degree are given in appendices 1, 2 and 3 to these Criteria.

In case of identification of one gross violation, to the checked subject the exponent of risk 100 is equated and concerning it selective check is carried out.

If gross violations are not revealed, for measure definition of risk degree the total indicator on violations of considerable and insignificant degree is calculated.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

Формула 1 к СП от 25.06.2015 №223

9. On risk exponents the checked subject belongs:

1) to high risk – in case of exponent of risk from 60 to 100 inclusive and concerning it selective check is carried out;

2) to not carried to high risk – in case of exponent 0 to 60 and concerning it selective check is not carried out.

10. Frequency rate of carrying out selective check is determined by results of the carried-out analysis and assessment of the received data on subjective criteria and is not more often than once a year.

11. Selective checks are carried out based on lists of the selective checks created for half-year by results of the carried-out analysis and the estimates approved by the first head of regulatory state agency which go to authorized body on legal statistics and special accounting not later than fifteen calendar days prior to the beginning of the corresponding accounting period in time.

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

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

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

In the analysis and assessment data of the subjective criteria which are earlier considered and used concerning the specific checked subject are not applied.

Appendix 1

to Criteria for evaluation of risk degree, on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system

Subjective criteria for evaluation of risk degree of security activities

Subjective criteria for evaluation of risk degree

Extent of violations


1. Results of monitoring:


1

Violation of the term established in request about submission of information, reporting, data

Considerable

2

Non-presentation of information, reporting, data according to request or representation of unreliable information, the reporting, data.

Rough

3

Absence at the head of the private security organization (including branch and representation) the higher legal education or length of service at least three years on command positions in Armed Forces, other troops and military forming or on executive positions in law enforcement and special bodies

Considerable

4

The head of the private security organization is not citizen of the Republic of Kazakhstan

Rough

5

Absence at the head of the private security organization of the certificate on passing of preparation for the special program

Considerable

6

Absence at the head of the private security organization of the certificate on passing of professional development course for the special program

Considerable

7

Availability at the head of the private security organization of the medical document confirming the stay fact on accounting in bodies of health care concerning mental disease, alcoholism or drug addiction

Rough

8

The head of the private security organization has criminal record for crime execution

Rough

9

The head of the private security organization are persons exempted from criminal liability based on Items 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan before the expiration of lower limit of the custodial sanction prescribed by the corresponding part of Article of the Special part of the Criminal Code of Kazakhstan

Rough

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