Article 10-1. Rapid response measures and the procedure for their application in the field of plant quarantine of the Law on Plant Quarantine

Home / RLA / Article 10-1. Rapid response measures and the procedure for their application in the field of plant quarantine of the Law on Plant Quarantine

1. During the implementation and (or) based on the results of the state quarantine phytosanitary control, state plant quarantine inspectors apply rapid response measures in cases of detection of quarantine objects and alien species in quarantined products that pose an immediate threat to the plant resources of the Republic of Kazakhstan and products of plant origin, as well as food security of the Republic of Kazakhstan.

2. Operational response measures are the methods of influencing subjects (objects) of control and supervision provided for in this article, applied within the framework of:

1) state control and supervision in accordance with sub-paragraphs 4) and 7) of paragraph 4, sub-paragraph 2) paragraph 9 of Article 129 of the Entrepreneurial Code of the Republic of Kazakhstan;

2) preventive control with a visit to the subject (object) of control and supervision, an unscheduled inspection, investigation.

3. Rapid response measures include:

stopping a vehicle and detaining quarantined products and objects of state quarantine phytosanitary control and supervision;

withdrawal of quarantined products (including mail, hand luggage and luggage) or return of quarantined products;

suspension of activities or certain types of activities;

prohibition of activities or certain types of activities.

4. The grounds for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with paragraphs 4) and 7) of paragraph 4, subparagraph 2) paragraph 9 of Article 129 and Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.

5. Upon detection of a violation of the requirements, which is the basis for the application of rapid response measures, state plant quarantine inspectors shall issue a supervisory act in the form of a resolution provided for in subparagraph 5-1) of paragraph 1 of Article 7-4 of this Law.

The act of supervision is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

6. After registration of the act of supervision based on the results of state control on the basis of subitems 4) and 7) of paragraph 4, subitem 2) of paragraph 9 of Article 129 of the Business Code of the Republic of Kazakhstan, the state plant quarantine inspector directly applies an operational response measure.

7. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act of supervision.

The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

8. Refusal to receive an act of supervision is not a reason for its non-fulfillment.

9. Violations of requirements identified during the implementation and (or) based on the results of state control, which are the basis for the application of rapid response measures, are reflected in the acts on the results of preventive control with a visit to the subject (object) of control and supervision and (or) an unscheduled inspection, investigation, as well as in the instruction on the elimination of identified violations of the legislation of the Republic of Kazakhstan in plant quarantine areas.

10. The subject of control and supervision is obliged to eliminate the identified violations of the requirements that are the basis for the application of an operational response measure within the time limits specified in the act on the results of the investigation, the instruction on the elimination of identified violations of the legislation of the Republic of Kazakhstan in the field of plant quarantine.

11. Before the expiration of the time limits stipulated by the act on the results of the investigation, the regulation on the elimination of identified violations, the subject of control and supervision is obliged to provide information on the elimination of identified violations, accompanied (if necessary) by materials proving the elimination of violations.

If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 12 of this article.

12. If the identified violations of the requirements that are the basis for the application of a rapid response measure are not eliminated, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

13. Upon expiration of the time limits for eliminating violations of the requirements specified in the act on the results of the investigation, the order to eliminate identified violations of the legislation of the Republic of Kazakhstan in the field of plant quarantine, an unscheduled inspection is conducted to control the elimination of identified violations of the requirements that are the basis for the application of a rapid response measure.

The act of supervision is terminated if the territorial subdivision of the authorized body confirms the elimination of identified violations of the requirements that are the basis for the application of an operational response measure, based on the act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

14. In case of disagreement with the results of the state quarantine phytosanitary control, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the act of supervision as invalid and its cancellation.

A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of the act of supervision.

15. The grounds for invalidating the act of supervision and its cancellation are:

1) the lack of grounds for the application of rapid response measures;

2) the application of rapid response measures on grounds that do not correspond to this measure;

3) the application by the state plant quarantine inspector of rapid response measures on issues beyond his competence.

16. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The footnote. Chapter 3 is supplemented by Article 10-1 in accordance with the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated February 11, 1999 No. 344.

This Law defines the legal basis, goals, objectives and principles of plant quarantine measures, which are an integral part of the national security system, on the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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