JOINT ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 25, 2016 № 575, on July 29, 2016 №351

About approval of criteria for evaluation of risk degree and checklist in the sphere of realization of jewelry and other products from precious metals and gemstones

According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) Criteria for evaluation of risk degree for selection of subjects (objects) of control in the sphere of realization of jewelry and other products from precious metals and gemstones according to appendix 1 to this joint order;

2) the Checking leaf in the sphere of realization of jewelry and other products from precious metals and gemstones concerning subject (object) enabling the realization of jewelry and other products from precious metals and gemstones according to appendix 2 to this joint order.

2. (Kaneshev B. B.) to provide to committee of technical regulation and metrology of the Ministry for Investments and Development of the Republic of Kazakhstan:

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

2) the direction of the copy of this joint 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 joint order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this joint order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. 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 investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 25, 2016 № 575, on July 29, 2016 № 351

Criteria for evaluation of risk degree for selection of subjects (objects) of control in the sphere of realization of jewelry and other products from precious metals and gemstones

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the sphere of realization of jewelry and other products from precious metals and gemstones (further – Criteria) are developed for selection of subjects (objects) of control according to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts for No. 28577).

2. In these Criteria the following concepts are used:

1) jewelry and other products from precious metals and gemstones (further – jewelry and other products) – products, except for coins from precious metals, made of gemstones, precious metals and their alloys with use of different types of art processing, with inserts from gemstones and other materials of natural or artificial origin or without them, applied as various jewelry, utilitarian household items and (or) to the cult and decorative purposes;

2) insignificant violations in the sphere of realization of jewelry and other products – the violations of requirements of the legislation of the Republic of Kazakhstan in the sphere of realization of jewelry and other products which are not relating to considerable and gross violations;

3) considerable violations in the sphere of realization of jewelry and other products – violations of requirements in the form of realization of jewelry and other products without information on labels on use of non-noble stone as inserts in jewelry and other products, lack of registration of mark in authorized organization;

4) gross violations in the sphere of realization of jewelry and other products – violations of requirements regarding realization of jewelry and other products without availability of assay brand, print of the mark which is put down by the subject of production of jewelry and other products, the expert opinion, act of the state control issued on each batch when importing to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union;

5) risk in the sphere of realization of jewelry and other products – probability of damnification as a result of activities of the subject of control, to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its consequences;

6) subjects of control in the sphere of realization of jewelry and other products (further - subjects of control) – the legal entities and individual entrepreneurs enabling the realization of jewelry and other products in the territory of the Republic of Kazakhstan;

7) objective criteria for evaluation of risk degree in the sphere of realization of jewelry and other products (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;

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