Article 12-1. State control in the field of State statistics in relation to administrative sources The Law on State Statistics

Home / RLA / Article 12-1. State control in the field of State statistics in relation to administrative sources The Law on State Statistics

1. State control in the field of state statistics in relation to administrative sources is carried out in the form of remote control, periodic and unscheduled inspections in accordance with this article.

2. State control in the field of state statistics in relation to administrative sources is carried out in order to identify:

1) inaccuracy of administrative data;

2) failure to provide administrative data;

3) inconsistent forms intended for collecting administrative data;

4) inconsistent methods of calculating indicators;

5) data quality inconsistencies with data management requirements.

6) inconsistent elements of national background information.

3. State control in the field of state statistics in relation to administrative sources is carried out:

1) for central government agencies, their departments, the National Bank of the Republic of Kazakhstan – the department of the authorized body;

2) for local state bodies, territorial divisions of central state bodies and their departments, akims of settlements, villages, rural districts – territorial divisions of the department of the authorized body.

4. Remote monitoring is carried out on an ongoing basis without visiting an administrative source by monitoring, analyzing, evaluating the quality and comparing administrative data obtained by the department of the authorized body and its territorial divisions from official sources.

5. If violations are detected in the actions (inaction) of an administrative source, an opinion on the elimination of violations identified by the results of remote monitoring is drawn up and sent within ten working days from the date of detection of violations, which states:

1) the number, date and place of the conclusion;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document), position of the person authorized to conduct remote monitoring;

4) information about data controllers, as well as specialists, consultants, experts from government agencies and their subordinate organizations involved in remote monitoring;

5) the name of the administrative source, its location;

6) the period under review;

7) identified violations and requirements for their elimination, indicating the deadline for execution;

8) the signature of the official who conducted the remote control.

The conclusion on the elimination of violations identified by the results of remote monitoring is considered to be duly delivered if it is sent via electronic document management or to an electronic address obtained from official sources (the Internet resource of an administrative source), or using other means of communication that ensure the recording of receipt.

6. The conclusion on the elimination of violations identified by the results of remote monitoring shall be executed by the administrative source within fifteen working days from the day following the day of its receipt, with mandatory submission to the department of the authorized body or its territorial subdivision of materials proving the elimination of violations.

7. If the conclusion on the elimination of violations identified by the results of remote monitoring specified in subitems 1) and 2) of paragraph 2 of this article is not fulfilled within the prescribed period, administrative proceedings shall be initiated in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.

Failure to comply with the conclusion on the elimination of violations identified by the results of remote monitoring specified in subitems 3), 4), 5) and 6) of paragraph 2 of this article within the prescribed period, as well as negative results of previous inspections conducted in accordance with this article, are grounds for including an administrative source in the semi-annual plan of periodic inspections..

8. A periodic inspection is carried out with a visit to an administrative source on the basis of semi-annual periodic inspection plans, which are approved by the first head of the department of the authorized body no later than December 10 of the year preceding the year of inspection and before June 10 of the current calendar year and posted on his Internet resource no later than December 20 of the year preceding the year of inspections and before June 20th of the current calendar year.

The semi-annual periodic inspection plans include:

1) the number and date of the plan approval;

2) the name of the state body;

3) the name of the administrative source;

4) location of the administrative source;

5) the subject of verification;

6) the timing of the audit;

7) the signature of the person authorized to sign the semi-annual plan.

Amendments and additions to the semi-annual periodic inspection plans are carried out in cases of liquidation, reorganization, change of the name of an administrative source, occurrence of a natural, man-made and social emergency, introduction of a state of emergency, occurrence or threat of spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, as well as radiation accidents and related restrictions.

The amended semi-annual plans for periodic inspections are posted on the Internet resource of the department of the authorized body with a note on the changes.

9. An unscheduled inspection is carried out with a visit to an administrative source on the basis of:

1) requirements of the prosecutor, materials received from law enforcement agencies, as well as other state bodies, local self-government bodies on specific facts of violation of the legislation of the Republic of Kazakhstan in the field of state statistics;

2) reports or statements by individuals or legal entities on specific violations of the legislation of the Republic of Kazakhstan in the field of state statistics;

3) media reports on specific violations of the legislation of the Republic of Kazakhstan in the field of state statistics;

4) instructions of the criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.

Unscheduled inspections are not carried out in cases of anonymous requests.

10. The department of the authorized body and its territorial divisions are obliged to notify the administrative source of the start of the periodic inspection at least three days in advance, of the start of the unscheduled inspection at least one day before it begins, indicating the subject of the inspection by electronic document management or an electronic address obtained from official sources (the administrative source's online resource), or using other means of communication that ensure the recording of the receipt.

11. Officials of the department of the authorized body and its territorial divisions who have arrived for an inspection at an administrative source are required to present an inspection appointment certificate, an official identification card or an identification card.

12. The beginning of the inspection period is considered to be the day of delivery to the administrative source of the inspection appointment act, which states:

1) the number and date of the act;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;

4) information about data controllers, as well as specialists, consultants, and experts from government agencies and their subordinate organizations involved in conducting the audit;

5) the name of the administrative source, its location;

6) the subject of the scheduled inspection;

7) type of verification;

8) the deadline for the audit;

9) the grounds for conducting the audit;

10) the period under review;

11) the rights and obligations of the administrative source provided for in this article;

12) signature of the person authorized to sign the act;

13) the signature of the head or the person acting as the head of the administrative source on receipt or refusal to receive the act.

Acts on the appointment, suspension, resumption, termination and extension of inspections are signed by the head of the department of the authorized body or the first head of the territorial division of the department of the authorized body and handed over to the head or the person acting as the head of the administrative source for his familiarization.

13. The duration of inspections is suspended for the duration of an emergency situation of a natural, man-made and social nature, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, as well as radiation accidents and related restrictions, as well as in cases of administrative production facilities and procedures that prevent inspections.

The period of inspections is resumed within ten working days from the date of termination of a natural, man-made and social emergency, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, as well as radiation accidents and related restrictions, as well as the termination of administrative proceedings and procedures that prevent inspections.

The term of inspections is terminated in cases of liquidation of the administrative source.

The deadlines for inspections are set taking into account the volume of work to be done, as well as the tasks set, and should not exceed thirty working days with an extension of no more than fifteen working days. The period of inspections can be extended only once.

The extension of the inspection period is formalized by an additional act on the extension of the inspection period with notification of the administrative source, which indicates the date and number of the previous act on the appointment of the inspection and the reasons for the extension. The notification of the extension of the verification period is handed to the administrative source by an official of the department of the authorized body or its territorial subdivision one working day before the extension with the notification of delivery.

14. Based on the results of inspections, an official of the department of the authorized body or its territorial subdivision draws up a conclusion on the results of the inspection, which states:

1) the number, date and place of the conclusion;

2) the name of the state body;

3) the date and number of the act on the appointment of the audit (additional act on the extension of time, if any);

4) surnames, first names, patronymics (if they are indicated in the identity documents) and positions of the persons who carried out the inspection;

5) information about data controllers, as well as specialists, consultants, and experts from government agencies and their subordinate organizations involved in the audit;

6) the name of the administrative source, its location;

7) type of verification;

8) the time and period of the audit;

9) the subject of verification;

10) information about the results of the audit, including the identified violations and their nature;

11) requirements for the elimination of identified violations, indicating the deadline for fulfilling the requirements;

12) signatures of the officials who carried out the inspection;

13) information about familiarization or refusal to familiarize with the conclusion of the head or the person acting as the head of the administrative source, as well as persons who were present during the inspection, their signatures or a record of refusal to sign.

The first copy of the audit report is submitted in electronic form to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, the second copy on paper is handed over to the head or the person acting as the head of the administrative source for review, the third copy remains with the department of the authorized body or its territorial divisions.

15. The end of the inspection period is considered to be the day when the report on the inspection results is handed over to the administrative source.

16. Violations identified by the results of the audit are eliminated by the administrative source within fifteen working days from the day following the day of completion of the audit, with mandatory submission to the department of the authorized body or its territorial subdivision, which drew up the conclusion of materials proving the fact of elimination of violations.

If there are no violations during the inspection, a corresponding entry is made in the conclusion on the results of the inspection.

17. If there are comments and (or) objections based on the results of inspections or remote control, the administrative source sets them out in writing and sends them via electronic document management to the department of the authorized body or its territorial subdivision that drew up the conclusion within five working days from the date of completion of the inspection.

The department of the authorized body or its territorial subdivision considers the comments and (or) objections of the administrative source to the conclusion within fifteen working days from the date of their receipt and gives a reasoned response.

18. The requirements for the elimination of identified violations specified in the conclusion on the elimination of violations identified by the results of remote monitoring, as well as in the conclusion on the results of the audit, are mandatory for the execution of the administrative source.

19. In case of non-fulfillment of the conclusion on the results of the audit, administrative proceedings are initiated in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.

20. Officials of the department of the authorized body and its territorial subdivisions, when conducting state control over administrative sources, have the right:

1) unhindered access to the territory and premises of the administrative source in compliance with the established requirements of the access and on-site regime;

2) receive administrative data, as well as documents (information) on paper and electronic media, or copies thereof, to attach to the results of inspections and, if necessary, use them in conducting remote control;

3) to obtain access to automated databases (information systems) in accordance with the subject of verification in compliance with the requirements provided for by the legislation of the Republic of Kazakhstan on state secrets and other secrets protected by the law of the Republic of Kazakhstan;

4) involve data controllers, as well as other specialists, consultants, experts from government agencies and their subordinate organizations;

5) to carry out audio, photo and video shooting;

6) record on video the facts of the refusal to fulfill the obligations of the administrative source provided for in this article.

21. Officials of the department of the authorized body and its territorial subdivisions, when exercising state control over administrative sources, are obliged to:

1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of administrative sources;

2) to carry out remote monitoring and inspections on the basis of and in strict accordance with the procedure established by this article;

3) do not interfere with the established mode of operation of the administrative source during the period of inspections;

4) not to prevent the head or the person acting as the head of the administrative source from being present during the inspections, to provide explanations on issues related to the subject of the inspections;

5) provide the administrative source with the necessary information related to the subject of the inspections;

6) to hand over to the administrative source an opinion on the results of the inspection or an opinion on the elimination of violations identified by the results of remote control;

7) ensure the safety and confidentiality of documents and information obtained as a result of remote monitoring and inspections;

8) timely and fully comply with the powers granted in accordance with the laws of the Republic of Kazakhstan to prevent, detect and suppress violations of the requirements established by the legislation of the Republic of Kazakhstan.

22. Administrative sources, when conducting state control over them, have the right to:

1) not to provide administrative data, as well as documents and information, if they do not relate to the subject of remote control and inspections.;

2) for violations identified as a result of remote monitoring and inspections, if additional time and (or) financial costs are required, apply no later than five working days to the department of the authorized body or its territorial subdivision with a reasoned application for an extension of the time frame for eliminating violations.;

3) appeal against the results of remote monitoring and inspections, as well as actions (inaction) of officials of the department of the authorized body or its territorial subdivision in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

4) record the process of inspections, as well as individual actions of the official carried out by him within the framework of inspections, using audio and video equipment, without creating obstacles to the activities of the official.

23. When conducting state control over administrative sources, they must:

1) to ensure unhindered access of officials of the department of the authorized body and its territorial divisions to the territory and premises of the administrative source;

2) to provide officials of the department of the authorized body and its territorial divisions with administrative data, as well as documents (information) on paper and (or) electronic media or copies thereof for attaching them to the results of state control;

3) in compliance with the requirements for the protection or other secrets protected by the law of the Republic of Kazakhstan, access to automated databases (information systems) in accordance with the subject of verification;

4) make notes in the act on the appointment of the inspection, the conclusion on the results of the inspection;

5) to prevent making changes and additions to the documents being checked during the inspections, unless otherwise provided by the laws of the Republic of Kazakhstan;

6) be at the location of the administrative source at the appointed time of the inspection, specified in the notification of the start of the inspection.

The Law of the Republic of Kazakhstan dated March 19, 2010 No. 257-IV.

This Law regulates public relations arising in the process of state statistical activity, as well as in determining the quality of administrative data, and is aimed at meeting the needs of society, the State and the international community for official statistical information.

President

Republic of Kazakhstan

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