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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2016 No. 13

About approval of Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results

(as amended on 10-09-2018)

According to part 2 of article 146 of the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of May 29, 2015 No. 67 "About approval of Rules of registration of acts of purpose of checks, notifications on suspension, renewal, prolongation of terms of checks, on change of list of participants and submission of information accounting documents on checks and their results" (No. registered in the Register of state registration of regulatory legal acts 11564, published in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let on August 5, 2015).

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

2) official publication of this order in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration;

3) the direction of this order to the interested subjects of legal statistics and special accounting, and also to territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

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

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of January 26, 2016 No. 13

Rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results

Chapter 1. General provisions

1. These rules of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results (further - Rules) determine order of registration of acts of purpose of check, preventive control and supervision with visit of subject (object) of control and supervision (further - acts of appointment) and their cancellations, additional acts of prolongation of review period and preventive control and supervision with visit of subject (object) of control and supervision (further - preventive control and supervision), notifications on suspension, renewal, on change of list of participants and provision of information accounting documents on check and their results.

2. Rules are developed according to part 2 of article 146 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Entrepreneurial code), the laws of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting", of June 30, 2017 "About prosecutor's office", and also other legal acts of the Republic of Kazakhstan regulating procedure of the state control and supervision.

3. In these rules the following concepts are used:

1) the information accounting document (further - IUD) - the carrier of legal statistical information, including in electronic form (the electronic information accounting document (further - EIUD)) based on which data of the state legal statistics and special accounting are created;

2) system of risks assessment - complex of the events held by control facility and supervision for the purpose of purpose of checks;

3) registration of acts of purpose of checks, preventive control and supervision with visit of subject (object) of control and supervision - complex of actions for registration of acts of appointment, the additional act of prolongation of review periods and preventive control and supervision, notifications on suspension, renewal, prolongation of terms, on change of list of participants and submission of information accounting documents on check, preventive control and supervision and their results;

4) the checked objects - the property which is on the property right or other legal cause at the checked subject, subject to control and supervision;

5) the checked subjects - physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;

6) subjects of registration and accounting - the state bodies authorized by the laws of the Republic of Kazakhstan on conducting checks of activities of physical persons, legal entities, including state bodies, branches and representations of legal entities behind which activities control and supervision are exercised;

7) authorized body - the state body performing within the competence statistical activities in the field of legal statistics and special accounting, authorized on accounting and registration of checks;

8) QR code - the quick response code intended for coding of the ciphered information.

4. Registration of acts of purpose of checks, preventive control and supervision is performed for the purpose of collection, accounting, the analysis and provision to state bodies, physical persons and legal entities of the reliable and sufficient legal statistical information created by results of checks and preventive control and supervision which is carried out by state bodies of the Republic of Kazakhstan.

5. The procedure of registration of acts of purpose of checks, preventive control and supervision with visit of subject (object) of control and supervision, includes:

1) registration in authorized body of the following IUD:

the act of purpose of check in form, according to appendices 1, 2 to these rules, the act of purpose of preventive control and supervision with visit of subject (object) of control and supervision;

the additional act of prolongation of review periods in form, according to appendix 3, 4 to these rules, preventive control and supervision with visit of subject (object) of control and supervision;

the coupon about results of check, preventive control and supervision on form according to appendix 5 to these rules;

2) accounting the coupon notifications about suspension, renewal, change of list of participants of check or preventive control and supervision in form, according to appendix 6 to these rules;

3) provision of electronic information accounting documents;

4) pronouncement by authorized body of the decision on refusal in registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision;

5) accounting in authorized body of the act of results of check in form, according to appendix 7 to these rules, the conclusions by results of preventive control and supervision with visit of subject (object) of control and supervision, instructions about elimination of violations in form, according to appendix 8 to these rules.

Chapter 2. Order of registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision and their cancellation, notifications on suspension, renewal, prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision, change of list of participants and submission of information accounting documents on check and preventive control and supervision with visit of subject (object) of control and supervision and their results

6. Registration of acts of appointment, additional acts of prolongation of review periods and preventive control and supervision with visit of subject (object) of control and supervision is performed by authorized body prior to check, preventive control and supervision except as specified provided by Chapter 13 of the Entrepreneurial code and the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan".

7. For registration of acts of appointment, the additional act of prolongation of review periods and preventive control and supervision, in authorized body are provided:

1) original and copy of acts of appointment or additional act of prolongation of review periods and preventive control and supervision, in duplicate;

2) checking leaf with indication of the requirements which are subject to check;

3) the original and the copy of the document which formed the basis for purpose of check, except as specified, provided by the laws of the Republic of Kazakhstan.

The additional act of prolongation of review periods and preventive control and supervision is registered in authorized body not later than one working day before the termination of date of completion of check or preventive control and supervision specified in the act of purpose of check or preventive control and supervision.

At the same time in authorized body the filled electronic IUD of form No. 1-P "Accounting card of the data on check, preventive control and supervision performed by state body" in form according to appendix 9 to these rules is provided (further - card No. 1-P).

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