Article 144-4. Investigation of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 144-4. Investigation of the Entrepreneurial Code of the Republic of Kazakhstan

1. Investigation is an independent form of control, the implementation of which is defined by this article.

2. The objectives of the investigation are:

1) establishing the reasons for the violation of the requirements of the legislation of the Republic of Kazakhstan and taking appropriate measures;

2) identification of subjects (objects) of control and supervision that have committed violations of the requirements of the legislation of the Republic of Kazakhstan.

3. The grounds for conducting an investigation are:

1) appeals from individuals and (or) legal entities, as well as government agencies on specific facts of harm to life, human health, the environment and the legitimate interests of individuals and legal entities, the state in cases where such a fact has affected a wide range of people and it is necessary to identify a specific subject (object) of control and supervision that committed violations;

2) information (emergency notification) on the occurrence of death in accordance with the Code of the Republic of Kazakhstan "On the Health of the people and the healthcare system";

3) information (emergency notification) submitted by government agencies or business entities on the occurrence and spread of an epidemic, falsified and unregistered pesticides, veterinary drugs, feed additives, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents;

4) cases of damage to the health of employees related to their work and resulting in disability or death;

5) accidents, technological violations or incidents that require clarification of the circumstances preceding them, the establishment of their causes, the nature of violations of the operating conditions of technical devices, technological processes, violations of requirements in the field of electric power industry, the definition of measures to eliminate the consequences and prevent such accidents, technological violations or incidents, material damage caused by the accident, technological disruption or incident;

6) the results of product research based on the results of the control purchase in case of detection of violations of the requirements established by regulatory legal acts and (or) regulatory technical documents that pose a danger to human life, health and habitat.

4. If there are grounds specified in paragraph 3 of this article, the control and supervision body decides to conduct an investigation.

5. The procedure for conducting an investigation is established by the legislation of the Republic of Kazakhstan.

The procedure for conducting an investigation should include:

1) cases in which an investigation is being conducted;

2) terms and duration of the investigation;

3) the time limits for notifying the subject of control and supervision, the authorized body in the field of legal statistics and special accounting, and interested government agencies about the start of an investigation;

4) the procedure for attracting independent experts and other interested parties;

5) conditions and procedure for the formation of the Commission of inquiry;

6) the procedure for registration of investigation materials.

6. The duration of the investigation should not exceed thirty calendar days and may be extended only once for thirty calendar days.

7. Based on the results of the investigation, the control and supervisory authorities determine the subject(s) of control and supervision that allowed violation of the requirements of the legislation of the Republic of Kazakhstan, which became the basis for the investigation.

Based on the results of the investigation, measures provided for by the laws of the Republic of Kazakhstan are being taken against the subject of control and supervision who committed the violation.

The results of the investigation are published on the Internet resource by the control and supervision body, with the exception of information constituting state secrets or other secret protected by the laws of the Republic of Kazakhstan.

8. The investigation is conducted in those areas of activity where the laws of the Republic of Kazakhstan explicitly provide for such a form of control.

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases