Article 16. State control in the field of livestock breeding Law on Livestock Breeding

Home / RLA / Article 16. State control in the field of livestock breeding Law on Livestock Breeding

1. State control in the field of livestock breeding is a set of actions of officials of the department of the authorized body and its territorial divisions aimed at ensuring compliance by individuals and legal entities with the requirements of the legislation of the Republic of Kazakhstan.

2. State control in the field of livestock breeding is carried out in the form of inspection, preventive control with a visit to the subject (object) of control and preventive control without visiting the subject (object) of control.

Inspection and preventive control with a visit to the subject (object) of control are carried out in accordance with the Business Code of the Republic of Kazakhstan.

Preventive control without visiting the subject (object) of control is carried out in accordance with the Business Code of the Republic of Kazakhstan and this Law.

2-1. Preventive control without visiting the subject (object) of control is carried out by analyzing, comparing data and information from:

1) information systems;

2) open sources, mass media.

The subjects (objects) of preventive control without visits are breeding centers and distribution centers, individuals and legal entities that have received budget subsidies, and republican chambers.

The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

In case of detection of violations based on the results of preventive control without visiting the subject (object) of control in the actions (inaction) of the subjects of control, the department of the authorized body or its territorial divisions shall send to the subject of control a recommendation on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control (hereinafter referred to as the recommendation), no later than three days working days from the date of detection of the violation. The recommendation specifies the deadline for its execution, which must be at least five working days from the day following the day of its delivery (receipt).

The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

A recommendation sent by one of the following methods is considered to have been handed over (received) in the following cases::

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

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) by electronic means – from the date of sending to the e-mail address of the control entity specified in the request letter.

The recommendation must be executed within the period specified in the recommendation following the day of its delivery (receipt).

The subject of control shall notify the department of the authorized body or its territorial divisions in writing of the implementation of the recommendation within one working day from the date of elimination of violations identified by the results of preventive control without visiting the subject (object) of control.

In case of disagreement with the violations specified in the recommendation, the control entity has the right to send an objection to the department of the authorized body or its territorial divisions that sent the recommendation within five working days from the day following the day of delivery (receipt) of the recommendation.

Failure to comply with the recommendation within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including it in the semi-annual list of preventive control with a visit to the subject (object) of control.

The frequency of preventive monitoring without visiting the subject (object) of control is determined as data and information become available, but no more than once a month.

The results of preventive control without visiting the subject (object) of control are subject to registration by the department of the authorized body or its territorial subdivision in a special journal of registration of preventive control without visiting the subject (object) of control, which must be numbered, laced and sealed with the seal of the department of the authorized body or its territorial subdivision.

3. State inspectors of livestock breeding have the right:

1) to exercise state control over the accounting and reporting of subjects in the field of livestock breeding, individuals and legal entities that have received budget subsidies;

2) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); 3) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective after ten calendar days after the date of its first official publication);

4) verify the accuracy of the data indicated in the breeding certificates;

5) Excluded by the Law of the Republic of Kazakhstan dated 10.10.2022 No. 144-VII (effective sixty calendar days after the date of its first official publication).

6) consider cases of administrative offenses in the field of livestock breeding and impose administrative penalties in accordance with the procedure provided for by the Code of the Republic of Kazakhstan on Administrative Offenses;

7) issue and monitor the execution of regulations;

7-1) issue recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control, and monitor their implementation;

8) Excluded by the Law of the Republic of Kazakhstan dated 10.10.2022 No. 144-VII (effective sixty calendar days after the date of its first official publication).

4. Acts of state inspectors on livestock breeding, within the limits of their competence, are mandatory for execution by subjects in the field of livestock breeding, individuals and legal entities that have received budget subsidies.

5. Actions (inaction) of state inspectors on breeding livestock may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

The LAW OF THE REPUBLIC OF KAZAKHSTAN dated July 9, 1998 No. 278.

This Law defines the legal, organizational and economic bases for carrying out activities in the field of breeding livestock, is aimed at preserving and increasing the gene pool of breeding animals, as well as reproducing and improving their productive qualities, regulates the activities of government agencies, individuals and legal entities engaged in the field of breeding livestock.

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Republic of Kazakhstan

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