Article 17-2. The procedure for conducting preventive control without visiting the subject (object) of control and supervision of the Law on Inland Waterway Transport

Home / RLA / Article 17-2. The procedure for conducting preventive control without visiting the subject (object) of control and supervision of the Law on Inland Waterway Transport

1. Preventive control without visiting the subject (object) of control and supervision is carried out by the authorized body based on the analysis of information system data, as well as other information about the activities of the subject (object) of control and supervision.

2. Subjects of control and supervision are shipowners, individuals or legal entities engaged in activities related to the operation of ships, ports, port facilities, coastal facilities, shipping locks and structures at sea and inland waterways.

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

4. In order to grant the subjects of control and supervision the right to eliminate violations independently, preventive control without visiting the subject (object) of control and supervision is carried out only for those violations, the consequences of which can be eliminated in accordance with the legislation of the Republic of Kazakhstan.

5. Based on the results of preventive control without visiting the subject (object) of control and supervision, a recommendation is made to eliminate the identified violations without initiating an administrative offense case, with a mandatory explanation to the subject of control and supervision of the procedure for eliminating violations.

6. The recommendation must be handed over to the subject of control and supervision personally against signature or in any other way confirming the facts of sending and receiving.

7. A recommendation sent in one of the following ways is considered to have been served in the following cases::

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

2) by registered mail;

3) electronically – from the date of sending by the authorized body to the e-mail address of the subject of control and supervision specified in the letter upon request by the authorized body.

8. The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control and supervision must be executed within twenty working days from the day following the day of its delivery.

9. In case of disagreement with the violations specified in the recommendation, the subject of control and supervision has the right to send an objection to the authorized body that sent the recommendation within five working days from the day following the day of its delivery.

10. Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control and supervision within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control and supervision by including in the semi-annual list of preventive control and supervision with a visit to the subject (object) of control and supervision.

11. Preventive control without visiting the subject (object) of control and supervision is carried out no more than once a year.

The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.

This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..

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