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The document ceased to be valid since November 24, 2018 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 49

ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2016 No. 191

About approval of criteria for evaluation of risk degree and checking sheets in the field of support and protection of subjects of private entrepreneurship

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYU:

1. Approve:

1) criteria for evaluation of risk degree in the field of support and protection of subjects of private entrepreneurship according to appendix 1 to this order;

2) checking leaf in the field of observance by the checked subjects of procedure of the state control and supervision in fields of activity of subjects of private entrepreneurship according to appendix 2 to this order;

3) checking leaf in the field of observance by the checked subjects of procedure for licensing or issue of other allowing documents, acceptance of the notification on implementation of business activity or other actions according to appendix 3 to this order;

4) checking leaf in the field of observance by the checked subjects of procedure of the state support according to appendix 4 to this order.

2. To provide to development department of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working 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 national economy of the Republic of Kazakhstan of data about execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of December 26, 2015 No. 797 "About approval of criteria for evaluation of risk degree and checking sheets in the field of support and protection of subjects of private entrepreneurship" (registered in the Register of state registration of regulatory legal acts for No. 12748, published on January 21, 2016 in information system of law of Ad_let).

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

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

2016

 

 

S. Aytpayeva

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of April 28, 2016 No. 191

Criteria for evaluation of risk degree in the field of support and protection of subjects of private entrepreneurship

1. These criteria for evaluation of risk degree in the field of support and protection of subjects of private entrepreneurship (further - Criteria) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) for reference of the checked subjects to risk degrees and selection of the checked subjects when carrying out selective checks.

2. Action of these Criteria, regarding implementation of selective checks concerning implementation of the state control and supervision in fields of activity of subjects of private entrepreneurship does not extend to the spheres of control and supervision specified in Item 3 of article 140 of the Code on bodies of prosecutor's office, anti-corruption service and service of economic investigations, on bodies of homeland security, defense and Armed Forces.

3. In criteria the following concepts are used:

1) insignificant violations - the violations connected with lack of the monthly publication of aggregated data of the departmental reporting on official Internet resource of the central and local executive body exercising the state control and supervision in fields of activity of subjects of private entrepreneurship, the criteria for evaluation of risk degree applied to special procedure for conducting the checks and acts concerning criteria for evaluation of risk degree for selection of the checked subjects (objects) when carrying out selective check except as specified provided by the Code of the Republic of Kazakhstan of December 10, 2008 "About the taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code) approved by regulatory state agency together with authorized body on entrepreneurship according to the Code and published on official Internet resource of state body the number of checks of the checked subjects (objects) and other forms of control and supervision connected with not maintaining on permanent and continuous basis of departmental accounting with visit in the field of private entrepreneurship, and also the revealed violations according to checking sheets and the measures of administrative influence taken to them, allowing bodies on permanent basis of the state electronic register of permissions and notifications and with not implementation of registration renewed licenses and (or) appendices to licenses electronically with observance of provisions of article 48 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications", the quantities connected with increase performed, refusals in issue permission and the notification and in implementation of the state support in comparison with the same period of previous year to 10% inclusive;

2) considerable violations - violations of the requirements established by regulatory legal acts in the field of support and protection of the subjects of private entrepreneurship, in the parts which are not attracting the administrative responsibility, connected with availability of one fact of non-compliance with term of issue or refusal in issue of permission and the notification, illegal check, the claims connected with increase in quantity performed of refusals in issue permission and the notification and in implementation of the state support in comparison with the same period of previous year to 20% inclusive;

3) gross violations - violations of the requirements established by regulatory legal acts in the field of support and protection of the subjects of private entrepreneurship, in the parts attracting the administrative responsibility, observance with the checked subjects of procedure of the state support, the issues connected with availability of two and more facts of non-compliance with terms or refusal in issue permission and the notification, illegal checks, claims connected with increase in quantity performed of refusals in issue permission and the notification and in implementation of the state support in comparison with the same period of previous year more than for 20%;

4) the checked subjects - the state bodies and their territorial subdivisions (in case of their availability) exercising the state control and supervision in fields of activity of subjects of private entrepreneurship, licensing or issue of other allowing documents, acceptance of notifications on implementation of business activity or other actions and legal entities, including the state bodies, branches and representations of legal entities performing the state support to subjects of private entrepreneurship.

4. Selective check is performed concerning observance of procedure by the checked subjects carried to high risk:

1) implementation of the state control and supervision in fields of activity of subjects of private entrepreneurship;

2) licensing or issue of other allowing documents, acceptance of the notification on implementation of business activity or other actions;

3) implementation of the state support.

5. Frequency rate of carrying out selective check is determined by results of the carried-out analysis and assessment of the obtained information on subjective criteria and cannot be more often than once a year concerning one checked subject.

6. Criteria for evaluation of risk degree in the field of support and protection of subjects of private entrepreneurship for selective checks are created by means of subjective criteria.

7. In case of availability of territorial subdivisions of state body or branches and representations of the legal entity, action of system of assessment of risk degree are applied to territorial subdivisions, branches and representations of legal entities of each checked subject for the purpose of determination of territorial subdivisions, branches and representations of legal entities with high probability of violation of the rights and legitimate interests of subjects of private entrepreneurship.

8. Determination of subjective criteria is performed using the following stages:

1) information collection;

2) information analysis and risk assessment.

9. Information collection is necessary for identification of the checked subjects violating the law of the Republic of Kazakhstan.

10. The analysis and assessment of the obtained information is performed once a half-year. The analyzed period is the last half-year.

11. For assessment of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the checked subjects, data of the automated information systems which are carried out by state bodies, organizations and the industry organizations;

2) results of the previous checks; at the same time, severity of violations (rough, considerable and 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 and number of claims;

4) analysis results of the data represented by authorized bodies and the organizations for request.

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