Article 28-1. State control over compliance with the legislation of the Republic of Kazakhstan on tourism activities, the Law on Tourism Activities in the Republic of Kazakhstan

Home / RLA / Article 28-1. State control over compliance with the legislation of the Republic of Kazakhstan on tourism activities, the Law on Tourism Activities in the Republic of Kazakhstan

1. State control over compliance with the legislation of the Republic of Kazakhstan on tourism activities 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.

2. 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.

3. The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subject 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 the subject of control.

Preventive control without visiting the subject (object) of control is carried out by the local executive body of the region, the city of republican significance, the capital in the form of information analysis.

The sources of information for analysis are:

official statistical information;

information from government agencies;

information of the organization on the formation and maintenance of the database;

information of the organization established by the Government of the Republic of Kazakhstan for the development of domestic and inbound tourism;

information of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

information received from subjects of tourist activity.

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 subject of control, the local executive body of the region, the city of republican significance, the capital makes and sends a recommendation on the elimination of violations no later than five working days from the date of detection of violations.

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

A recommendation for the elimination of violations 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 mail – by registered mail with notification;

3) electronically – from the date of sending by the authorized body to the email address of the subject of control specified in the letter at the request of the local executive body of the region, the city of republican significance, the capital.

4. The recommendation on the elimination of violations must be executed within ten working days from the day following the day of its delivery.

5. In case of disagreement with the violations specified in the recommendation on the elimination of violations, the subject of control has the right to send an objection to the local executive body of the region, city of republican significance, capital, which sent the recommendation on the elimination of violations, within five working days from the day following the day of its delivery.

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

7. Preventive control without visiting the subjects (objects) of control is carried out no more than once a year.

The footnote. Article 28-1 as amended by the Law of the Republic of Kazakhstan dated 04/30/2021 No. 34-VII (effective ten calendar days after the date of its first official publication); as amended on 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated June 13, 2001 No. 211.

This Law defines the legal, economic, social, and organizational foundations of tourism activity as one of the sectors of the economy of the Republic of Kazakhstan.

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Republic of Kazakhstan

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