Article 129. Relations in the sphere of state control and supervision of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 129. Relations in the sphere of state control and supervision of the Entrepreneurial Code of the Republic of Kazakhstan

1. Regulation of relations in the field of state control and supervision is carried out in order to establish the general legal foundations of state control and supervision in the Republic of Kazakhstan and is aimed at establishing common principles for the implementation of control and supervisory activities, as well as protecting the rights and legitimate interests of state bodies, individuals and legal entities in respect of which state control and supervision are carried out.

2. State regulation of relations in the field of organization of state control and supervision over subjects (objects) of state control and supervision is carried out in accordance with this Code, regardless of the legal status and types of activities, except for the cases provided for in paragraphs 4, 5, 6, 7, 7-1, 8, 8-1, 9, 11, 12, 13, 14 and 16 of this article.

3. This Code establishes:

1) the procedure for state control and supervision;

2) the procedure for the interaction of control and supervision bodies in the conduct of state control and supervision;

3) the rights and obligations of subjects of state control and supervision in the conduct of state control and supervision, measures to protect their rights and legitimate interests;

4) the rights and obligations of control and supervision bodies and their officials in the conduct of state control and supervision.

4. This chapter, with the exception of this article, Article 130, paragraphs 1, 2, 3 and 4 of Article 131 and Article 131-1 of this Code, does not apply to state control and supervision when it is impossible to determine in advance the subject (object) of state control and supervision, the time of their conduct, the location of the subject (object) of state control and supervision related to:

1) compliance with road safety requirements;

2) passage of motor vehicles through the territory of the Republic of Kazakhstan at transport control posts for compliance with transport safety requirements;

3) state control and supervision over the fulfillment of requirements for the safe operation of vessels in accordance with the laws of the Republic of Kazakhstan "On Inland Waterway Transport" and "On Merchant Shipping";

4) implementation of state veterinary and sanitary control and supervision and state quarantine phytosanitary control and supervision in trade markets selling live animals, products and raw materials of animal and (or) plant origin, in organizations engaged in the production, harvesting (slaughter of animals), storage, processing of products and raw materials of animal and (or) plant origin origin in a single technological cycle;

5) compliance in specially protected natural territories and the territory of the state forest fund with the requirements in the field of specially protected natural territories, protection, protection, use of the state forest fund, reproduction of forests and afforestation, as well as for the purpose of state control over the unauthorized seizure of objects of the animal and plant world;

5-1) compliance with the requirements in the field of protection, protection, restoration and use of wild plants;

6) compliance with the requirements for the use of wildlife in order to exercise state control and supervision over the unauthorized seizure of wildlife objects on the territory of the Russian Federation;:

fishery reservoirs – in terms of the established fishing measures of fish, sizes, types of tools and methods of fishing, restrictions and prohibitions on the use of wildlife, by-catch, as well as the maintenance of a log of fishing of fish resources and other aquatic animals (fishing journal);

territories of hunting farms – in terms of the seizure, method and type of tools for obtaining animals, their sex and age composition, restrictions and prohibitions on the use of wildlife;

7) state control and supervision of measures in quarantine zones and disadvantaged areas, foci for especially dangerous animal diseases, foci of the spread of quarantine facilities, especially dangerous harmful organisms;

8) state control over compliance with the rules of transportation of passengers, baggage, cargo and mail items on passenger trains, including at points of formation of passenger trains;

9) trading outside the places established by the local executive body;

10) state control in the field of population migration;

11) compliance with the requirements of the legislation of the Republic of Kazakhstan regulating the sale of alcoholic beverages to persons under the age of twenty-one, tobacco products, distribution of information products containing information prohibited for children to persons under the age of eighteen, as well as the procedure for minors in entertainment establishments.

12) compliance with the requirements in the field of protection and use of the water fund in order to exercise state control over the prevention of unauthorized water use and compliance with the prohibitions established by the Water Code of the Republic of Kazakhstan on economic activity on water bodies, in water protection zones and strips.

IZPI's note!

Paragraph 4-1 has been suspended until 07/01/2025 in accordance with paragraphs 14-1 of Article 324 of this Code of the Republic of Kazakhstan.

4-1. This chapter, with the exception of Article 130, paragraphs 1, 2, 3 and 4 of Article 131, Article 131-1, paragraph 2 of Article 154 and Article 157 of this Code, does not apply to state control and supervision of subjects (objects) of state control and supervision funded from the state budget for food, accommodation, medical care. assistance, education, upbringing, and rehabilitation of children (before and during the provision of services).

5. This chapter, with the exception of this article, Article 130, paragraphs 1, 2, 3 and 4 of Article 131, paragraphs 2 and 3 of Article 154 and Article 157 of this Code, does not apply to the exercise of state control in order to ensure compliance with the requirements of the budget legislation of the Republic of Kazakhstan and other regulatory legal acts regulating planning and execution of the republican and local budgets conducted in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

6. This chapter, with the exception of Article 130, paragraphs 1, 2, 3 and 4 of Article 131, Articles 131-1, paragraphs 2 and 3 of Article 154 and Article 157 of this Code, does not apply to state control related to the performance of contractual relations in part:

1) state control over the fulfillment by subsurface users of the terms of contracts and (or) licenses for subsurface use;

2) state control over compliance with legal acts of individual application;

3) state control over the execution of contracts and other transactions stipulated by the legislation of the Republic of Kazakhstan.

IZPI's note!

The effect of subparagraph 4) has been suspended until 07/01/2025 in accordance with paragraphs 14-1 of Article 324 of this Code of the Republic of Kazakhstan.

4) state control over the execution of contracts and other transactions stipulated by the legislation of the Republic of Kazakhstan related to the placement of a state order and financed from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children (before and during the provision of services).

7. This chapter does not apply to conducting permissive control on the applicant's compliance with qualification or licensing requirements prior to the issuance of a permit and/or an annex to the permit in cases provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", and if the legislation of the Republic of Kazakhstan provides for such control.

7-1. The effect of this chapter, with the exception of this article, paragraph 1 of Article 130, articles 131-1, 136, 143, 151, 153, 154, 155, 156 Article 157 of this Code does not apply to the exercise of state control in the form of verification of compliance with qualification or licensing requirements for permits issued, requirements for notifications sent in accordance with in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications", if the laws of the Republic of Kazakhstan provide for the procedure for conducting this control through an automated information system.

8. This chapter, with the exception of paragraphs 1, 2, 3 and 4 of Article 131 and Article 131-1 of this Code, does not apply to state control in the field of customs affairs.

8-1. This chapter, with the exception of paragraphs 1, 2 and 3 of Article 131, Articles 131-1, 144-4 and 157 of this Code, does not apply to state control in the field of:

1) electric power industry in terms of the operation and technical condition of energy equipment, energy-producing organizations (with the exception of renewable energy sources), energy transmission organizations and the system operator;

2) thermal power engineering in terms of operation and technical condition of thermal power engineering facilities, heat-producing and heat-transporting entities.

9. This chapter, with the exception of this article (regarding state veterinary and sanitary control and supervision, state quarantine phytosanitary control and supervision, state control in the field of plant protection, sanitary quarantine control), Article 130, paragraphs 1, 2, 3 and 4 of Article 131 and Article 131-1 of this Code, does not apply on State control and supervision related to:

1) crossing the State border of the Republic of Kazakhstan;

2) carrying out state veterinary and sanitary control and supervision, state quarantine phytosanitary control and supervision, state control in the field of plant protection, sanitary and quarantine control at the crossing of the customs border of the Eurasian Economic Union and (or) the State border of the Republic of Kazakhstan and (or) at the places of delivery, the places of completion of customs clearance, determined in accordance with compliance with international treaties, as well as the conduct of state quarantine phytosanitary control and supervision, veterinary and sanitary control at phytosanitary and veterinary control posts.

10. The effect of this chapter, with the exception of this article, paragraph 1 of Article 130, articles 131-1, 143, 144, 151, 153, 154, 155, 156 Article 157 of this Code does not apply to the exercise of state control in order to ensure compliance with the norms of the tax legislation of the Republic of Kazakhstan, other legislation of the Republic of Kazakhstan, state control over the implementation of which is assigned to the state revenue authorities.

11. This chapter, with the exception of this article, Article 130, paragraphs 1, 2, 3 and 4 of Article 131, Articles 138 and 139, paragraphs 2 and 3 of Article 154 and Article 157 of this Code, does not apply to the exercise of state control and supervision in order to ensure compliance with the requirements of the financial legislation of the Republic of Kazakhstan, as well as state control and supervision of the financial market, financial organizations, operators and operational centers of payment systems, payment organizations, as well as collection agencies.

12. This chapter does not apply to relations in the fields of:

1) supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan, carried out by the prosecutor's office;

2) control and supervision during pre-trial proceedings in a criminal case;

3) Justice;

4) operational investigative activities;

5) counterintelligence activities;

6) state control in the field of mobilization training and mobilization;

7) control over compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.

8) state control in the sphere of control of specific goods.

9) state control in the field of territorial defense.

10) state control and supervision in the field of industrial safety.

13. This chapter, with the exception of this article, Articles 130, 131-1, 133, paragraphs 2 and 3 of Article 154 and Article 157 of this Code, does not apply to relations in the fields of:

1) state control carried out by the internal affairs bodies in accordance with:

compliance with the requirements of the legislation of the Republic of Kazakhstan in the sphere of turnover of civilian and service weapons and ammunition;

compliance by individuals with the requirements for the storage, carrying and use of civilian weapons;

compliance with the requirements of the legislation of the Republic of Kazakhstan in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors, civil pyrotechnic substances and products with their use within the framework of the requirements of Article 133 of this Code and the operational and preventive measures of internal affairs bodies;

2) compliance with the requirements of the legislation of the Republic of Kazakhstan on countering terrorism in terms of ensuring the anti-terrorist protection of facilities vulnerable to terrorism;

3) compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection;

4) compliance with the legislation of the Republic of Kazakhstan in the field of state statistics;

5) compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of legal turnover of explosives.

The relations arising during the state control over compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection, carried out by the antimonopoly authority, are regulated by Chapter 20 of this Code.

14. This chapter, with the exception of this article, paragraphs 1 and 3 of Article 130, paragraphs 1, 2, 3 and 4 of Article 131 of this Code, does not apply to state control and supervision related to compliance by individuals and legal entities with requirements for aircraft flight safety and aviation safety.

15. At the same time, inspections carried out on the grounds specified in subitems 10) and 11) of paragraph 4, paragraphs 5 (with the exception of inspections of internal audit services) and 10 (with the exception of control at excise posts), subitems 1), 2) and 5) paragraph 13 of this article.

At the same time, the act on the appointment of inspections specified in subitems 10) and 11) of paragraph 4, subitems 1) (in the field of narcotic drugs, psychotropic substances and precursors) and 2) of paragraph 13 of this article is subject to registration with the authorized body in the field of legal statistics and special records within the next working day after the start of the inspection..

The control and supervisory authorities shall notify the state body carrying out activities in the field of state legal statistics and special accounting within its competence of the results of the state control provided for in paragraph 16 of this article, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

16. This chapter, with the exception of Article 130, paragraphs 1, 2, 3 and 4 of Article 131, Articles 131-1, paragraphs 2 and 3 of Article 154 and Article 157 of this Code, does not apply to the implementation of:

1) state control over the quality of public services;

2) state control over compliance with the legislation of the Republic of Kazakhstan, the subjects of which are state bodies.

17. The procedure for conducting state control and supervision specified in paragraphs 4, 5, 6, 8-1, 11, 12, 13, 14 and 16 of this Article, and the resulting relations are regulated by the laws of the Republic of Kazakhstan.

The procedure for state control and supervision specified in paragraphs 8 and 9 of this Article and the relations arising therefrom are regulated by the laws of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan and acts constituting the law of the Eurasian Economic Union.

If the laws of the Republic of Kazakhstan do not regulate the state control provided for in subparagraph 2) paragraph 16 of this article, in this case, state control is carried out in accordance with the procedure established by this chapter.

18. The relations listed in paragraphs 5, 6 and 12 of this article in terms of internal control are subject to Article 38 of the Administrative Procedural Code of the Republic of Kazakhstan.

18-1. In case of detection of violations in the implementation of state control and supervision under this article, prompt response measures may be applied in accordance with Articles 135, 136 and 153 of this Code.

According to the revealed violations in the implementation of state control and supervision in accordance with the sub-paragraphs 3), 4), 5), 6) and 7) of paragraph 4 of this Article, prompt response measures may be applied in respect of requirements included in accordance with the legislation of the Republic of Kazakhstan in the list of requirements, the violation of which is the basis for the application of these measures.

19. It is prohibited to carry out state control and supervision in cases where the laws of the Republic of Kazakhstan do not regulate the procedure for state control and supervision specified in paragraphs 4, 5, 6, 8-1, 9, 11, 12, 13, 14 and 16 of this Article (with the exception of the cases provided for in the third part of paragraph 17 of this Article articles).

It is prohibited to carry out state control and supervision in cases where the laws of the Republic of Kazakhstan, international treaties and acts constituting the law of the Eurasian Economic Union do not regulate the procedure for state control and supervision specified in paragraph 8 of this Article.

20. State control and supervision over business entities are carried out only in the areas of business entities provided for in Articles 138 and 139 of this Code.

21. In order to include new areas of activity in Articles 138 and 139 of this Code, and in cases of control procurement and investigation, regulatory authorities must first conduct a regulatory impact analysis procedure in accordance with Article 83 of this Code.

22. In cases directly provided for by the laws of the Republic of Kazakhstan, the provisions of this chapter shall apply to relations regulated by these laws of the Republic of Kazakhstan.

The Business Code of the Republic of Kazakhstan dated October 29, 2015

President

Republic of Kazakhstan

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