Article 10. Implementation of the State Quarantine Phytosanitary control and supervision of the Plant Quarantine Law

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1. State quarantine phytosanitary control and supervision carried out in accordance with subparagraphs 23), 24) and 26) of paragraph 1 of Article 7 of this Law in order to prevent the import and spread of quarantine facilities in the territory of the Republic of Kazakhstan is carried out by state plant quarantine inspectors of the authorized body.

Conducting permanent quarantine inspections of quarantined products, their quarantine phytosanitary examination and (or) laboratory examination with sampling, control sample examinations, review of quarantine documents and implementation of state quarantine phytosanitary supervision over the implementation of plant quarantine measures in order to prevent the importation of quarantine facilities into the territory of the Republic of Kazakhstan, timely identification, localization and elimination of existing foci of their The distribution is aimed at protecting plant and food resources, avoiding unforeseen budget expenditures to combat quarantine facilities, as well as increasing the competitiveness of domestic products.

2. Excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication).

3. State quarantine phytosanitary control and supervision, documentary state quarantine phytosanitary control, vehicle inspection, inspection, inspection of imported, exported and transit quarantined products, and quarantine phytosanitary measures are aimed at preserving people's property related to the objects of plant quarantine control and supervision.

3-1. excluded by 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).

4. Preventive control without visiting the subject (object) of control and supervision is carried out by the department of the authorized body and the territorial divisions of the department of the authorized body by analyzing and comparing data and information.:

1) from information systems;

2) notifications and notices of authorized bodies of other states;

3) coming from organizations that are part of the state plant quarantine system;

4) from open sources, mass media.

Subjects (objects) of preventive control without visits are individuals and legal entities whose activities are related to the import, export, production, procurement, processing, disinfection, storage, transportation and sale of quarantined products.

The objectives of preventive control without visiting the subject (object) of control and supervision are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the department of the authorized body and territorial divisions of the department of the authorized body based on the results of preventive control without visiting the subject (object) of control and supervision, and reducing the administrative burden on them.

In case of detection of a violation based on the results of preventive control without visiting the subject (object) of control and supervision in the actions (inaction) of the subjects of control and supervision, the department of the authorized body or territorial divisions of the department of the authorized body shall send a recommendation to the subject of control and supervision no later than two working days from the date of detection of the violation. The recommendation specifies the deadline for its execution, which should not be less than three working days from the day following the day of its delivery.

The recommendation must be handed over to the subject of control and supervision personally against signature or in any other way confirming the facts of its sending and receipt.

A recommendation sent by one of the following methods is considered to have been handed in the following cases::

1) on purpose – from the date of the mark in the receipt recommendation;

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) by electronic means – from the date of sending to the e-mail address of the subject of control and supervision specified in the letter upon request.

The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control and supervision must be executed within the period specified in the recommendation following the day of its delivery.

In case of disagreement with the violations specified in the recommendation, the subject of control and supervision has the right to send an objection to the department of the authorized body or the territorial subdivision of the department of the authorized body that sent the recommendation within one working day following the day of delivery of the recommendation.

Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control and supervision within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control and supervision by including in the semi-annual list of preventive control with a visit to the subject (object) of control and supervision.

The frequency of preventive monitoring without visiting the subject (object) of control and supervision is determined as data and information become available.

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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