Article 38. State control and supervision in the field of fire safety of the Law on Civil Protection

Home / Laws / Article 38. State control and supervision in the field of fire safety of the Law on Civil Protection

1. State control in the field of fire safety is aimed at ensuring compliance with fire safety requirements by individuals and legal entities and is carried out by state fire service bodies in accordance with the Business Code of the Republic of Kazakhstan and this Law, with the exception of control carried out in accordance with paragraph 2 of this Article.

State supervision in the field of fire safety is the activity of the state fire service body to verify compliance by individuals and legal entities with fire safety requirements with the right to apply rapid response measures provided for in Article 38-1 of this Law.

2. State control and supervision in the field of fire safety in the territory of the state forest fund is carried out by the authorized body in the field of forestry, in air, inland waterway and railway transport – by the authorized body in the field of transport, in the territory of military units, institutions of the Armed Forces of the Republic of Kazakhstan – by the Ministry of Defense of the Republic of Kazakhstan.

The state of fire safety in underground structures of mines and open-cast coal mines is monitored in the process of state control and supervision in the field of industrial safety.

3. Officials who exercise state control and supervision in the field of fire safety include:

1) the Chief State Inspector of the Republic of Kazakhstan for state control and supervision in the field of fire safety is the head of the department of the authorized body;

2) deputy Chief State Inspector of the Republic of Kazakhstan for state control and supervision in the field of fire safety – deputy head of the department of the authorized body;

3) the State Inspector of the Republic of Kazakhstan for state control and supervision in the field of fire safety is an official of the department of the authorized body;

4) the chief state inspector of the region, city of republican significance, capital for state control and supervision in the field of fire safety – the head of the regional, city of republican significance, capital of the territorial body of the authorized body;

5) deputy chief state inspector of the region, city of republican significance, capital for state control and supervision in the field of fire safety – deputy head of the regional, city of republican significance, capital of the territorial body of the authorized body;

6) state inspector of the region, city of republican significance, capital, district, city of regional significance, district in the city for state control and supervision in the field of fire safety – an official of the regional, city of republican significance, capital, district, city of regional significance, district in the city of the territorial body of the authorized body.

4. State control in the field of fire safety is carried out in the form of preventive control with a visit to the subject (object) of control and supervision and inspection in accordance with the Business Code of the Republic of Kazakhstan.

In case of detection of violations as a result of preventive control with a visit to the subject (object) of control and supervision, verification of compliance with fire safety requirements by the state fire service authorities, an order is issued to the subject of control and supervision to eliminate the identified violations.

The order to eliminate the identified violations is handed over to the subject of control and supervision on the day of the end of preventive control with a visit to the subject (object) of control and supervision, inspection.

In case of non-fulfillment of the instruction to eliminate the identified violations, the suspension of partially or completely the work of organizations, individual industries, production sites, units, the prohibition of the operation of buildings, structures, electrical networks, heating devices and fire-hazardous work carried out by subjects of control and supervision in violation of fire safety requirements, as well as in case of non-compliance with the fire safety requirements stipulated by the projects, construction, reconstruction, expansion or technical re-equipment of organizations, facilities, structures, buildings are manufactured in accordance with the Code of the Republic of Kazakhstan on Administrative Offences.

5. Excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

6. If a subject of high or medium risk control and supervision receives a positive opinion from an expert organization, this object is exempt from preventive control with a visit to the subject (object) of control and supervision for the period of validity of the conclusion, with the exception of unscheduled inspections in accordance with the Business Code of the Republic of Kazakhstan.

IZPI's note! Part 2 of paragraph 6 is provided for in the wording of the Law of the Republic of Kazakhstan dated 06/24/2025 No. 196-VIII (effective sixty calendar days after the date of its first official publication).

It is prohibited to conduct an audit in the field of fire safety at facilities owned by state-owned legal entities, as well as at a non-governmental fire service.

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.

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Republic of Kazakhstan

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