Article 144. The procedure for organizing inspections of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 144. The procedure for organizing inspections of the Entrepreneurial Code of the Republic of Kazakhstan

1. Checks for compliance with the requirements are carried out using risk assessment criteria with the multiplicity established by paragraph 4 of Article 141 of this Code.

Qualification or licensing requirements, as well as requirements within the framework of the notification procedure, are established by the legislation of the Republic of Kazakhstan.

2. The basis for assigning a compliance check is the schedule generated by the information system for risk assessment and management in automatic mode.

In the absence of an automated information system for risk assessment and management, the schedule is approved by the regulatory authority.

The schedule is generated automatically in the information system for risk assessment and management on an annual basis for subjects (objects) of control and supervision, with mandatory indication of subjects (objects) of control and supervision for which a compliance check has been scheduled.

When the control and supervision body draws up a schedule of inspections for compliance with requirements and semi-annual preventive control lists with visits to the subject (object) of control and supervision for the same subjects (objects) of control and supervision, uniform deadlines for their period are established.

3. The control and supervision body is obliged to notify in writing the subject of control and supervision (the head of a legal entity or his authorized person, an individual) of the start of an audit for compliance with the requirements at least thirty calendar days before the start of the audit, indicating the date of its start.

In the event that the subject of control and supervision has received notification of the start of the audit, but at the time of the audit has passed the state re-registration in accordance with paragraph 6 of Article 42 of the Civil Code of the Republic of Kazakhstan, a second notification of the start of the audit is not required.

The provisions of this paragraph do not apply to inspections of control and supervision entities handling pathogenic biological agents of pathogenicity groups I and (or) II.

4. An unscheduled inspection is an inspection appointed by a control and supervisory body on specific facts and circumstances that served as the basis for the appointment of an unscheduled inspection in relation to a specific subject (object) of control and supervision, in order to prevent and (or) eliminate an immediate threat to human life and health, the environment, the legitimate interests of individuals and legal entities, and the state.

When conducting an unscheduled inspection, except for the cases provided for in subitems 3), 4), 7) and 8) of paragraph 5, paragraphs 8, 9 and 10 of this Article, the control and supervision body is obliged to notify the subject of control and supervision of the beginning of an unscheduled inspection of the subject (object) of control and supervision at least the day before it begins, indicating the subject of the inspection of the subject (object) of control and supervision.

5. The grounds for an unscheduled inspection of subjects (objects) of control and supervision are:

1) control over the execution of orders to eliminate the identified gross violations defined in the criteria for assessing the degree of risk, as a result of verification of compliance with the requirements and preventive control with a visit to the subject (object) of control and supervision;

2) monitoring the execution of orders to eliminate identified significant and minor violations identified in the risk assessment criteria, as a result of verification of compliance with the requirements and preventive control with a visit to the subject (object) of control and supervision in the following cases:, if the subject of control and supervision has not provided information on the elimination of identified violations more than once and (or) has not eliminated violations at the request of individuals in terms of harm to the patient's life and health as a result of medical activities, an unscheduled inspection is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare.;

3) appeals of individuals and legal entities for violations of the requirements of the legislation of the Republic of Kazakhstan in the presence of convincing grounds and supporting evidence;

4) instructions from the prosecutor's office on specific facts of causing or threatening harm to life, human health, the environment and the legitimate interests of individuals and legal entities, the state;

5) appeals from state bodies on specific facts of harm to human life, health, the environment and the legitimate interests of individuals and legal entities, the state, as well as violations of the requirements of the legislation of the Republic of Kazakhstan, failure to eliminate which entails harm to human life and health;

5-1) instructions from the first head of the authorized body in the field of healthcare on specific facts of causing or threatening harm to human life and health;

5-2) publications and reports in the mass media on specific facts of harm to human life and health as a result of medical activities, if there are convincing grounds and supporting evidence indicating the time and place of their commission.

6) repeated inspection related to the request of the subject of control and supervision about disagreement with the initial inspection (illegality of the application of rapid response measures);

7) assignment of a criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan;

8) taxpayer's appeals, information and issues defined by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code).

6. Unscheduled inspections are not carried out in cases of anonymous requests within the time limits established by part four of this paragraph.

7. The facts and circumstances identified in relation to specific subjects (objects) of control and supervision and which served as the basis for the appointment of this unscheduled audit are subject to unscheduled verification. It is prohibited to create schedules for conducting compliance checks in the information system for risk assessment and management and on paper for the same period..

8. In case of threat of epidemic spread, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents, destruction and (or) pollution, clogging, depletion of water bodies, During the growing season, an unscheduled inspection of facilities is carried out without prior notification to the subject of control and supervision and registration of an inspection appointment act, followed by its submission within the next business day to the authorized body for legal statistics and special accounting.

8-1. In relation to residential care institutions, educational organizations and organizations that perform functions to protect the rights of the child, as well as organizations that provide special social services for people with disabilities in a hospital, semi-hospital, regardless of the type, forms of ownership and departmental subordination may be subject to an unscheduled inspection of facilities without prior notification to the subject of control and registration of the inspection appointment act, followed by its submission within the next business day to the authorized body for legal statistics and special accounting.

9. If the grounds for conducting an unscheduled inspection are identified at facilities or subjects of control and supervision located at a considerable distance from the location of the control and supervision bodies, as well as the authorized body for legal statistics and special accounting, the unscheduled inspection is carried out without prior notification to the subject of control and supervision and registration of the act on the appointment of the inspection, followed by its submission. within the next five working days, to the authorized body for legal statistics and special accounting.

A significant distance from the location of the controlling and registering authorities is considered to be a distance exceeding one hundred kilometers from the place of registration of the act on the appointment of an unscheduled inspection to the place where it is carried out.

10. Unscheduled inspections on the production (formulation), transportation, storage, sale and use of counterfeit pesticides, as well as the production, purchase, transportation, storage, sale of counterfeit medicines and medical devices, as well as the handling of pathogenic biological agents of pathogenicity groups I–II are carried out without prior notification to the subject of control and supervision.

11. The grounds listed in paragraph 5 of this article for conducting an unscheduled inspection shall also apply to structural divisions of state bodies, structural divisions of non-resident legal entities, and non-resident legal entities operating without registration with judicial authorities or a registration authority.

12. The decision to suspend state control and supervision over private business entities for a certain period of time is made by the Government of the Republic of Kazakhstan.

13. It is prohibited to conduct other types of inspections not established by this Code, with the exception of inspections provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code).

President

Republic of Kazakhstan

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