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JOINT ORDER OF THE MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 14, 2016 No. 162, on June 23, 2016 No. 277

About approval of criteria for evaluation of risk degree and checking sheets in the field of protection and use of objects of historical and cultural heritage

(as amended on 06-05-2020)

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, we ORDER:

1. Approve:

1) criteria for evaluation of risk degree in the field of protection and use of objects of historical and cultural heritage according to appendix 1 to this joint order;

2) checking leaf in the field of protection and use of objects of historical and cultural heritage for control by authorized body according to appendix 2 to this joint order;

3) checking leaf in the field of protection and use of objects of historical and cultural heritage for control by local executive body according to appendix 3 to this joint order.

2. Declare invalid the joint order of the acting minister of culture and sport of the Republic of Kazakhstan of June 25, 2015 No. 225 and the Minister of national economy of the Republic of Kazakhstan of July 7, 2015 No. 503 "About approval of criteria for evaluation of risk degree of the checked subjects in the field of protection and use of objects of historical and cultural heritage and form of checking leaf" (registered in the Register of state registration of regulatory legal acts for No. 11851, published on August 26, 2015 in information system of law of Ad_let).

3. For culture and art of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation to provide to department:

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

2) within ten calendar days from the date of state registration of this order the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" of copies of this order in paper and electronic type, persons assured by the digital signature, the representative to sign this order, for official publication, inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan, the State register of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order within ten calendar days after official publication on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan;

4) within ten working days after execution of the actions provided by this Item, submission to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan of data on execution of actions.

4. To impose control of execution of this joint order on the supervising vice-Minister for Culture and Sports of the Republic of Kazakhstan.

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

Minister for Culture and Sports of the Republic of Kazakhstan

____________ A. Mukhamediula

Minister of national economy of the Republic of Kazakhstan

________________ K. Bishimbayev

It is approved

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

June 24, 2016

 

___________ S. Aytpayeva

Appendix 1

to the Joint Order of the Minister for Culture and Sports of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 14, 2016 No. 162, on June 23, 2016 No. 277

Criteria for evaluation of risk degree in the field of protection and use of objects of historical and cultural heritage

Chapter 1. General provisions

1. Criteria for evaluation of risk degree in the field of protection and use of objects of historical and cultural heritage (further - Criteria) are developed according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Entrepreneurial code), and also with Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration regulatory legal acts for No. 17371) and are intended for selection of subjects (objects) of control in the field of protection and use of objects of historical and cultural heritage and their reference to risk degrees when carrying out by authorized body in the field of protection and use of objects of historical and cultural heritage (further - authorized body) and local executive bodies of areas, the cities of republican value and the capital (further - local executive bodies) preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) subjects (objects) of control - physical persons and legal entities, including local executive bodies behind which activities are performed control in the field of protection and use of objects of historical and cultural heritage;

2) insignificant violations - violations of the requirements established by regulatory legal acts in the field of protection and use of the objects of historical and cultural heritage concerning the mode of use of lands within conservation zones, zones of regulation of building and zones of the protected natural landscape of historical and cultural monuments of local value;

3) considerable violations - violations of the requirements established by regulatory legal acts in the field of protection and use of the objects of historical and cultural heritage concerning questions of establishment of constructions of monumental art, the mode of use of lands within conservation zones, zones of regulation of building and zones of the protected natural landscape of historical and cultural monuments of the international and republican value, conditions of keeping of historical and cultural monument stated in security obligations and also the measures making harmful effects on safety of historical and cultural monuments;

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