JOINT ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2015 No. 18-04/1126, 28 of December, 2015 No. 808

About approval of criteria for evaluation of risk degree and checking leaf in the field of protection, reproduction and use of fauna

According to the subitem 2) Item 2 of Article 86, Item 2 and 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYEM:

1. Approve enclosed:

1) criteria for evaluation of risk degree in the field of protection, reproduction and use of fauna according to appendix 1 to this joint order;

2) checking leaf in the field of protection, reproduction and use of fauna according to appendix 2 to this joint order.

2. Declare invalid the joint order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 13, 2015 No. 18-04/647 and the Minister of national economy of the Republic of Kazakhstan of July 20, 2015 No. 539 "About approval of criteria for evaluation of risk degree and form of checking sheets in the field of protection, reproduction and use of fauna" (No. registered in the Register of the state registration of regulatory legal acts 11925, published in information system of law of Ad_let on October 2, 2015).

3. To provide to committee of forestry and fauna 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) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and 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.

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. 18-04/1126, 28 of December, 2015 No. 808

Criteria for evaluation of risk degree in the field of protection, reproduction and use of fauna

1. These Criteria for evaluation of risk degree in the field of protection, reproduction and use of fauna (further - Criteria) are developed according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, the Law of the Republic of Kazakhstan "About protection, reproduction and use of fauna" of July 9, 2004, and are 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.

2. In these Criteria the following concepts are used:

1) subjects of control are the subjects performing activities in the field of protection, reproduction and use of fauna;

2) considerable violations - violation of the requirements established by regulatory legal acts in the field of protection, reproduction and use of fauna regarding lack of notices, execution of Development plans and Agreements on planning of means, material equipment, reproduction and science, untimely representation or non-presentation of reports, availability of the confirmed claims;

3) insignificant violations - violation of the requirements established by regulatory legal acts in the field of protection, reproduction and use of fauna regarding lack of the watercrafts registered and designated by registration numbers according to the procedure, established By the law the Republic of Kazakhstan of July 6, 2004 "About inland water transport";

4) gross violation - violation of the requirements established by regulatory legal acts in the field of protection, reproduction and use of fauna regarding non-compliance with procedure creation of zoological collections, non-compliance with the set limits and terms, not observance of requirements to fish-protecting devices, assumptions of destruction or spoil of columns, floating identification marks, emergence of adverse incidents, lack of registers of production of animals, violations of the obligations specified in Agreements, in Plans;

5) risk - probability of damnification as a result of activities of subjects of control to fauna, deteriorations in ecological situation and violation of biological balance on huntings, fishery reservoirs (sites) taking into account severity of its effects;

6) risk degree assessment - complex of the events held by control facility and supervision for the purpose of assignment and conducting checks.

3. Criteria are subdivided on:

1) objective, determined depending on the performed type of activity of the checked subjects;

2) subjective, determined depending on the violations of the law allowed by subjects of control in the field of protection, reproduction and use of fauna.

4. By objective criteria subjects of control concern the following risk groups:

1) to high risk - the subjects who are engaged in maintaining hunting, and also commercial fishery and intake of water for needs of agricultural industry, the industry and power, research fishing;

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