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JOINT ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN AND I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2015 No. 708, on December 30, 2015 No. 832

About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of the rights of the child

(as amended on 26-11-2018)

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 risk degree in the field of protection of the rights of the child according to appendix 1 to this joint order;

2) checking leaf in the field of protection of the rights of the child concerning activities of governing bodies of formation of local executive bodies, according to appendix 2 to this joint order;

3) checking leaf in the field of protection of the rights of the child concerning organization activity of education, health care and social protection of the population for orphan children and children without parental support, according to appendix 3 to this joint order;

4) checking leaf in the field of protection of the rights of the child concerning activities of the special organizations of education for children with deviant behavior and with specific mode of content, according to appendix 4 to this joint order;

5) checking leaf in the field of protection of the rights of the child concerning organization activity of education on providing the right of children to education, catering services and transportation, according to appendix 5 to this joint order;

6) checking leaf in the field of protection of the rights of the child concerning organization activity of education on realization of the right of children to rest, improvement and leisure, according to appendix 6 to this joint order.

2. Declare invalid the joint order of the Minister of Education of the Republic of Kazakhstan of June 26, 2015 No. 419 and the acting minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 488 "About approval of criteria for evaluation of risk degree and form of checking leaf in the field of protection of the rights of the child" (registered in the Register of state registration of regulatory legal acts at No. 11868, published in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let on August 24, 2015).

3. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (A. Makenov) in the procedure established by the legislation to provide:

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

2) after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan its direction in ten-day time on official publication in periodic printing editions and placement in information system of law of Ad_let;

3) placement of this joint order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan.

4. To impose control of execution of this joint order on the supervising vice-Minister of Education and Science of the Republic of Kazakhstan E. Imangaliyev.

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

Minister of Education and Science of the Republic of Kazakhstan

_____________ A. Sarinzhipov

Minister of national economy of the Republic of Kazakhstan

_____________ E.Dosayev

Acting minister of national economy of the Republic of Kazakhstan

_____________ M. Kusainov

It is approved

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

"____" ____________ 201_ years

 

 

_______________ S. Aytpayeva

It is approved

Minister of health and social development of the Republic of Kazakhstan

"____" ____________ 201_ years

 

 

_______________ T. Duysenova

It is approved

Acting minister of health care and social development of the Republic of Kazakhstan

"____" ____________ 201_ years

 

 

_________________ E.Birtanov

Appendix 1

to the Joint Order of the Minister of Education and Science of the Republic of Kazakhstan and the acting minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 708, on December 30, 2015 No. 832

Criteria for evaluation of risk degree in the field of protection of the rights of the child

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in the field of protection of the rights of the child (further - Criteria) are developed for selection of the checked governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education for children with deviant behavior and with specific mode of content, the organizations of education for providing the rights of children to education, catering services, transportation, rest, improvement and leisure, for the purpose of carrying out preventive control with visit of subject (object) of control according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015.

2. In these Criteria the following concepts are used:

1) risk - probability of emergence of the conditions interfering children to exercise the rights to live and be brought up in family, receipt of right to education, rest, improvement, leisure, the public assistance and support, education and all-round development in the organizations for children;

2) system of risks assessment - the complex of actions held by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

3) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control;

4) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control;

5) the checking sheet - the list of requirements including only those requirements to activities of subjects (objects) of control which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states;

6) subjects of control - governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education for children with deviant behavior and with specific mode of content, the organization of education for providing the rights of children to education, catering services, transportation, rest, improvement and leisure.

Chapter 2. Methods of carrying out preventive control with visit of subject (object) of control

3. Criteria for preventive control with visit of subject (object) of control are created by means of objective and subjective criteria.

Paragraph 1. Objective criteria

4. By objective criteria subjects (objects) of control are distributed to high and not carried to high risk:

1) governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education for children with deviant behavior and with specific mode of content treat high risk;

2) to not carried to high risk the organizations of education for providing the rights of children to education, catering services, transportation, rest, improvement and leisure belong.

Unscheduled inspections and preventive control with visit and without visit of subject (object) of control are applied to subjects (objects) of control carried by objective criteria to high risk.

Unscheduled inspections and preventive control without visit of subject (object) of control are applied to subjects (objects) of control which are not carried to high risk.

5. Preventive control with visit of subject (object) of control is carried out based on semi-annual lists of preventive control with visit of subject (object) of control.

The semi-annual list of carrying out preventive control with visit of subject (object) of control affirms the first head of state body.

Till December 10 of the year preceding year of carrying out preventive control with visit of subject (object) of control and till May 10 of the current calendar year the approved semi-annual lists of carrying out preventive control with visit of subject (object) of control go to authorized body in the field of legal statistics and special accounting for forming of the semi-annual summary list of carrying out preventive control with visit of subject (object) of control.

6. For assessment of degree of risks the following sources of information are used:

1) results of monitoring of the reporting and the data represented by subject (object) of control including by means of the automated information systems, carried out by state bodies, organizations and the industry organizations;

2) results of preventive control with visit of subject (object) of control;

3) availability of the confirmed claims and addresses;

4) results of preventive control without visit of subject (object) of control (the resulting documents issued following the results of preventive control without visit of subject (object) of control (the reference, the conclusion, recommendations).

7. Depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier subjective criteria which according to criteria for evaluation of risk degree of regulatory state agency correspond to extent of violation - rough, considerable and insignificant are determined by each source of information.

Gross violation - violation of the requirements established by regulatory legal acts in the sphere of protection of the rights of children, the educations attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan "About administrative offenses", violation of the right to education, procedure for rendering social support during education, catering services, rest, improvement, leisure, procedure for content of children in the organizations of education, the rights to necessary payments by minors, the violations confirmed by consideration of claims and appeals of physical persons and legal entities and also non-execution at the scheduled time of recommendations of elimination of the violations revealed by results of preventive control without visit of subject (object) of control.

Considerable violation - violation of the requirements established by regulatory legal acts in the sphere of protection of the rights of children, educations regarding acceptance on training, the organization of accounting of children of preschool and school age, the device of orphan children and children without parental support, creation of conditions in the organizations for education and training.

Insignificant violation - violation of the requirements established by regulatory legal acts in the sphere of protection of the rights of children, educations regarding provision of administrative data.

Paragraph 2. Subjective criteria

8. Subjective criteria are determined according to appendices 1, 2 and 3 to these Criteria.

1) Subjective criteria of activities of governing bodies of formation of local executive bodies.

2) Subjective criteria of organization activity of education, health care and social protection of the population for orphan children and children without parental support.

3) Subjective criteria of activities of the special organizations of education for children with deviant behavior and with specific mode of content.

Chapter 3. Procedure of payments of general exponent of risk by subjective criteria

9. In case of identification of one gross violation, to subject (object) of control the exponent of risk 100 is equated and concerning it preventive control with visit of subject (object) of control 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 violations of considerable degree the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

Сумма Rz = (СуммаP2 x 100/СуммаP 1) x 0,7

where:Сумма Rz - indicator of considerable violations;

Сумма P1 - the required number of considerable violations;

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