Article 17. The rights and obligations of the subject (object) of control or its authorized person in the implementation of state control The Law on Thermal Energy

Home / RLA / Article 17. The rights and obligations of the subject (object) of control or its authorized person in the implementation of state control The Law on Thermal Energy

1. Subjects (objects) of control or their authorized persons, when exercising state control, have the right:

1) to prevent the inspection of officials of the control bodies who arrived to conduct the inspection, in the following cases::

failure to comply with the frequency of verification;

exceeding or expiration of the terms of the inspection specified in the act on the appointment of the inspection (additional acts on the extension, suspension, if any);

the appointment of an inspection for a period beyond the time period specified in the application or notification of committed or impending criminal offenses, in other appeals about violations of the rights and legitimate interests of individuals and legal entities, the state;

instructions for conducting an inspection to officials who do not have the appropriate authority to do so;

instructions in one act on the appointment of an inspection of several subjects (objects) of control;

extending the verification period beyond the period established by this Law;

gross violations of the requirements established by this Law;

failure by officials of the control bodies to provide the documents specified in paragraph 1 of Article 14 of this Law.

2) not to submit documents and information if they do not relate to the subject of the audit, as well as to the period specified in the act on the appointment of the audit;

3) appeal the conclusion on the results of remote control, the act on the appointment of an inspection, the act on the results of the inspection, the order to eliminate the identified violations, as well as the actions (inaction) of officials of the control bodies in accordance with the procedure established by the Business Code of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan;

4) not to comply with prohibitions of control bodies or officials that are not based on the law, restricting the activities of subjects (objects) of control;

5) record the process of state control, as well as individual actions of officials of control bodies carried out by them within the framework of state control, using audio, photo and video recordings, without creating obstacles to the activities of officials of control bodies;

6) involve third parties to participate in state control in order to represent their interests and rights, as well as to carry out actions by third parties provided for in subparagraph 5) of this paragraph.

2. Subjects (objects) of control or their authorized persons, when conducting state control bodies, are obliged to:

1) to ensure unhindered access of officials of control bodies to the territory and premises of the subject (object) of control;

2) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials of control bodies with copies of documents (information) on paper and electronic media, as well as provide access to automated databases (information systems) in accordance with the subject of state control;

3) make a note of receipt on the second copy of the inspection appointment act;

4) make a note of receipt on the second copy of the conclusion on the results of remote control, the act on the results of the inspection on the day of the end of the state control;

5) make a note of receipt on the second copy of the instruction on elimination of the revealed violations;

6) to prevent amendments and additions to the documents being checked during the period of state control, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

7) to ensure the safety of persons who have arrived to carry out state control at the control facility from harmful and dangerous industrial factors in accordance with the standards established for this facility.;

8) in case of receipt of an act on the appointment of an inspection, the head of the subject (object) of control or his authorized person is obliged to be at the location of the object of control at the appointed time of inspection.

This Law regulates public relations arising in the process of production, transportation, sale and consumption of thermal energy for municipal and industrial needs, as well as the high-quality functioning and development of heat supply systems and state regulation in the field of thermal energy.

President

Republic of Kazakhstan

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