Article 154. The rights and obligations of government officials in exercising control of the Entrepreneurial Code of the Republic of Kazakhstan  

     1. When conducting control over subjects (objects) of control and supervision, officials of state bodies have the right to:

     1) unhindered access to the territory and premises of the object of control and supervision upon presentation of the documents specified in paragraph 1 of Article 147 of this Code;

2) to receive copies of documents (information) on paper and electronic media for attachment to the act on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection, or to the instruction on the elimination of identified violations based on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection, as well as access to automated databases (digital systems) in accordance with the subject of preventive control with a visit to the subject (object) of control and supervision and (or) verification;

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

     4) use records of technical controls, monitoring and recording devices, photo and video equipment related to the subject of preventive control with a visit to the subject (object) of control and supervision and (or) verification;

     5) involve specialists, consultants and experts from government agencies and subordinate organizations.

     2. Officials of control and supervision bodies who carry out preventive control with a visit to the subject (object) of control and supervision and (or) inspection are prohibited from making demands and making requests that are not related to the subject of preventive control with a visit to the subject (object) of control and supervision and (or) inspection.

     3. Officials of control and supervision bodies, when conducting preventive control with a visit to the subject (object) of control and supervision and (or) inspection, must:

     1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of subjects of control and supervision;

     2) carry out preventive control with a visit to the subject (object) of control and supervision and (or) verification on the basis and in strict accordance with the procedure established by this Code and (or) other laws of the Republic of Kazakhstan;

     3) not to interfere with the established mode of operation of subjects (objects) of control and supervision during the period of preventive control with a visit to the subject (object) of control and supervision and (or) inspection;

     4) promptly 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 in accordance with paragraph 2 of Article 132 and paragraph 3 of Article 143 of this Code.;

     5) not to prevent the subject of control and supervision or his authorized representative from being present during preventive control with a visit to the subject (object) of control and supervision and (or) inspection, to provide explanations on issues related to the subject of preventive control with a visit to the subject (object) of control and supervision and (or) inspection;

     6) provide the subject of control and supervision with the necessary information related to the subject of preventive control with a visit to the subject (object) of control and supervision and (or) verification;

     7) to hand over to the subject of control and supervision an act on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection, in cases of violations – an order to eliminate the identified violations based on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection on the day of their completion or in accordance with the procedure and terms established by the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations";

     8) ensure the safety of documents and information obtained as a result of preventive control with a visit to the subject (object) of control and supervision and (or) verification.

     The footnote. Article 154 - as amended by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective from 01/01/2023).  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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