Article 12. Remote control The Law on Thermal Energy

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1. Remote control is carried out by the state body for state energy supervision and control and local executive bodies (hereinafter referred to as control bodies) on an ongoing basis by analyzing the activities of subjects (objects) of control to identify violations of the legislation of the Republic of Kazakhstan in the field of thermal energy, affecting the safety, reliability and quality of production, transmission, sale and consumption of thermal energy energy.

2. Remote control is carried out by control bodies in relation to subjects (objects) of control that have committed violations, in accordance with paragraph 1 of this article, based on an analysis of the activities of subjects (objects) of control and information systems data, reports submitted by subjects (objects) of control, open sources, mass media, as well as other information about the activities of the subject (object) of control, including information obtained as part of interdepartmental interaction with government agencies.

3. In case of detection of violations based on the results of remote control, a conclusion on the results of remote control is drawn up and sent to the subject (object) of control no later than five working days from the date of detection of violations.

The form of the conclusion on the results of remote monitoring is approved by the authorized body.

4. Within the framework of remote control, the control authorities have the right:

1) request written information and documents or copies thereof from the subjects (objects) of control and their officials;

2) to summon the head of the subject of control or his authorized person in order to obtain the necessary information concerning the subject of remote control.

5. Subjects (objects) of control are obliged to submit the information and documents specified in the request of the control bodies within the time limits established by the control bodies.

6. The conclusion on the results of remote control is drawn up in two copies. One copy of the conclusion on the results of remote control is sent to the subject (object) of control, the second copy remains with the control body.

An opinion on the results of remote control sent by one of the following methods is considered to have been duly delivered in the following cases::

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

2) by mail – by registered mail with notification;

3) electronically – from the date of sending by the control body to the e-mail address of the subject (object) of control specified in the letter at the request of the control body.

7. A control entity that has received an opinion on the results of remote control must, within ten working days from the day following the day of its delivery, submit to the control body that conducted the remote control an action plan to eliminate the identified violations, indicating the specific time frame for their elimination.

Upon expiration of the time limits specified in the conclusion on the results of remote control, the subject of control provides information on the execution of the conclusion on the results of remote control.

The subject of control shall attach materials proving the fact of elimination of the violation to the information provided on the execution of the conclusion on the results of remote control.

8. In case of disagreement with the violations indicated in the conclusion on the results of remote control, the control entity has the right to send an objection to the control body that conducted the remote control and sent the conclusion on the results of remote control within five working days from the day following the day of its delivery.

In the objection, the subject of control is obliged to state the comments and (or) arguments that are sent to the control body.

The control body that conducted the remote control, within ten working days from the date of receipt of the objection, taking into account the comments and (or) arguments, decides whether to accept or reject the objection with a reasoned justification.

9. Failure to comply with the conclusion on the results of remote control within the prescribed period is the basis for the appointment of an unscheduled inspection of the subject (object) of control in accordance with this Law.

This Law regulates public relations arising in the process of production, transportation, sale and consumption of thermal energy for municipal and industrial needs, as well as the high-quality functioning and development of heat supply systems and state regulation in the field of thermal energy.

President

Republic of Kazakhstan

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