Article 38-1. Rapid response measures and the procedure for their application in the field of fire safety of the Law on Civil Protection

Home / Laws / Article 38-1. Rapid response measures and the procedure for their application in the field of fire safety of the Law on Civil Protection

 1. During the implementation and (or) based on the results of state control, the state inspector for State control and supervision in the field of fire safety applies rapid response measures if the operation of the facility (activity, work) poses an immediate threat to the constitutional rights, freedoms and legitimate interests of individuals and (or) legal entities, human life and health, environment, national security of the Republic of Kazakhstan.

2. Operational response measures are the methods of influencing the subjects (objects) of control and supervision used during the implementation and (or) based on the results of an inspection, preventive control with a visit to the subject (object) of control and supervision, the types of which are provided for in this article. Rapid response measures are not applied when conducting inspections for compliance with qualification or licensing requirements for issued permits in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications".

3. Operational response measures include the suspension of activities, the performance of work by the subject (object) of control and supervision, or certain types of activities (works).

4. The basis for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.

5. The State Inspector for State Control and Supervision in the field of fire safety, during the implementation and (or) based on the results of state control, if violations of the requirements that are the basis for the application of rapid response measures are detected, draws up an act suspending activities or certain types of activities in the field of fire safety in the form approved by the authorized body.

An act on the suspension of activities or certain types of activities in the field of fire safety is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

6. In case of refusal to adopt an act on suspension of activities or certain types of activities in the field of fire safety, upon its delivery, a corresponding entry is deliberately made and a video recording is made recording the fact of refusal to adopt the act. The act of suspension of activities or certain types of activities in the field of fire safety is sent to the legal address, location or actual address of the subject of control and supervision by letter with a notification of its delivery.

7. Refusal to receive an act on the suspension of activities or certain types of activities in the field of fire safety is not a reason for its non-fulfillment.

8. Violations of requirements identified during the implementation and (or) based on the results of state control, which are the basis for the application of rapid response measures, are reflected in the act on the results of preventive control with a visit to the subject (object) of control and supervision, inspection, as well as in the instruction on the elimination of identified violations.

9. The subject of control and supervision is obliged to eliminate the identified violations of the requirements, which are the basis for the application of rapid response measures, within the time limits specified in the instruction on the elimination of identified violations.

10. Upon expiration of the deadlines for eliminating violations of the requirements identified by the results of preventive control with a visit to the subject (object) of control and supervision, an unscheduled inspection is carried out to control the elimination of identified violations, which are the basis for the application of rapid response measures.

The act on suspension of activities or certain types of activities in the field of fire safety is terminated if the State inspector for State Control and Supervision in the field of fire safety confirms the elimination of identified violations that are the basis for the application of rapid response measures on the basis of the act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

11. In case of non-elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan, and the State inspector for State Control and Supervision in the field of fire safety issues acts in accordance with paragraphs 5 and 8. this article.

12. Before the expiration of the time limits stipulated by the regulation on the elimination of identified violations, the subject of control and supervision is obliged to provide information on the elimination of identified violations of the requirements, accompanied by materials proving the elimination of violations.

If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 10 of this article.

13. In case of disagreement with the results of state control, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the act on suspension of activities or certain types of activities in the field of fire safety as invalid and its cancellation.

A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of an act on the suspension of activities or certain types of activities in the field of fire safety.

14. The grounds for invalidating an act on the suspension of activities or certain types of activities in the field of fire safety and its cancellation are:

1) the lack of grounds for the application of rapid response measures;

2) the application of rapid response measures on grounds that do not correspond to this measure;

3) the use by state inspectors for state control and supervision in the field of fire safety of rapid response measures on issues outside their competence.

15. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated April 11, 2014 No. 188-V 3PK.

This Law regulates public relations arising in the process of carrying out civil protection measures and is aimed at preventing and eliminating natural and man-made emergencies and their consequences, providing emergency medical and psychological assistance to the population in the emergency zone, ensuring fire and industrial safety, and also defines the main tasks and organizational principles of building and the functioning of the civil defense of the Republic of Kazakhstan, the formation of, storage and use of the state material reserve, organization and activities of emergency services and formations.

President

Republic of Kazakhstan

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