Article 39-1. State control over the dissemination of information products containing information prohibited for children, persons under the age of eighteen, as well as the procedure for minors in entertainment facilities of the Law on the Rights of the Child in the Republic of Kazakhstan
1. State control over the distribution of information products containing information prohibited for children, persons under the age of eighteen, as well as the procedure for minors in entertainment facilities is carried out in the form of an inspection with a visit to the subject (object) of control.
2. State control over the dissemination of information products containing information prohibited for children, persons under the age of eighteen, as well as the procedure for minors in entertainment facilities is carried out by visiting subjects (objects) of control by officials of the internal affairs bodies of the Republic of Kazakhstan (hereinafter referred to as the internal affairs bodies).
3. An inspection with a visit to the subject (object) of control is carried out during the working hours of the subject (object) of control, established by the rules of the internal labor regulations, except in cases when the inspection is related to the need to prevent violations and (or) establish the circumstances of their commission (weekends, holidays or at night).
4. An inspection with a visit to the subject (object) of control on the facts of the distribution of information products containing information prohibited for children, persons under the age of eighteen, as well as the procedure for minors in entertainment facilities is carried out on the basis of:
1) publications in the mass media that have become known from the appeals of individuals and legal entities;
2) operational and preventive measures carried out by the internal affairs bodies;
3) upon the direct detection of a violation by law enforcement officers.
5. An inspection with a visit to the subject (object) of control is carried out without prior notification of the subjects (objects) of control and registration of the inspection appointment act.
6. Officials of the internal affairs bodies, when conducting an inspection with a visit to the subject (object) of control, have the right:
1) unhindered access to the territory and premises of the subject (object) of control;
2) receive documents (information) on paper and electronic media or copies thereof for inclusion in the inspection materials with a visit to the subject (object) of control in compliance with the requirements on state secrets and other secrets protected by the law of the Republic of Kazakhstan;
3) to carry out audio, photo and video shooting;
4) involve specialists, consultants, and experts from government agencies, subordinate organizations, and other organizations.
7. When conducting an inspection with a visit to the subject (object) of control, officials of the internal affairs bodies must:
1) present your official identification card;
2) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of the subjects of control;
3) not to interfere with the established mode of operation of the subjects (objects) of control during the inspection period with a visit to the subject (object) of control;
4) not to prevent the subject of control or his authorized representative from being present during the inspection with a visit to the subject (object) of control, to provide explanations on issues related to the subject of the inspection;
5) provide the subject of control with the necessary information related to the subject of the inspection with a visit to the subject (object) of control during its conduct.
8. Subjects of control have the right to:
1) not to provide information if it does not relate to the subject of the inspection with a visit to the subject (object) of control or to the periods specified in the act on the appointment of the inspection;
2) appeal the act on the results of the inspection with a visit to the subject (object) of control in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
3) not to allow an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan, who arrived to conduct an inspection, to be checked in the absence of an official ID.;
4) involve third parties to participate in the inspection in order to protect their rights and legitimate interests, as well as to make audio, photo and video recordings of individual actions of an official of the internal affairs bodies, without creating obstacles to his activities.
9. The subjects of control are obliged to:
1) to ensure unhindered access of officials of the internal affairs bodies to conduct an inspection with a visit to the subject (object) of control on their territory and premises;
2) submit to the officials of the internal affairs bodies documents (information) on paper and electronic media or copies thereof for attachment to the inspection materials with a visit to the subject (object) of control in compliance with the requirements on state secrets and other secrets protected by the law of the Republic of Kazakhstan;
3) make a note of receipt of the inspection results report on the day of the end of the inspection.
10. Based on the results of the inspection with a visit to the subject (object) of control, when confirming the fact of the distribution of information products containing information prohibited for children, persons under the age of eighteen, as well as violations of the procedure for minors in entertainment establishments, an act on the results of the inspection with a visit to the subject (object) of control is drawn up, measures are taken against the subject of control bringing to administrative responsibility in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
11. The first copy of the inspection results report with a visit to the subject (object) of control in electronic form is submitted to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, the second copy on paper is signed or electronically transmitted to the subject of control (the head of a legal entity or its authorized person, an individual to the person) for familiarization and taking measures to eliminate the identified violations, the third remains in the internal affairs bodies. From the date of delivery of the act on the results of the inspection with a visit to the subject (object) of control, the period for eliminating the violation is calculated.
12. An act on the results of an inspection with a visit to the subject (object) of control, sent by one of the following methods, is considered to have been served in the following cases:
1) on purpose – from the date of the mark in the receipt certificate;
2) by mail – by registered mail with notification;
3) electronically – from the date of sending by the internal affairs body to the e-mail address of the subject of control, if such an address was previously provided by the subject of control.
13. The deadline for conducting an inspection with a visit to the subject (object) of control is set taking into account the amount of work to be done and the tasks set and should not exceed five working days.
14. The time limits for the elimination of identified violations specified in the act on the results of the inspection with a visit to the subject (object) of control are determined taking into account the circumstances affecting the actual possibility of its execution, but not more than thirty calendar days from the date of delivery.
15. In cases of failure to report on the measures taken and (or) failure to take measures to eliminate the identified violations by the subject of control, the official of the internal affairs bodies, within the limits of his authority, takes measures to bring the subject of control to responsibility established by the laws of the Republic of Kazakhstan.
16. The act on the results of the inspection with a visit to the subject (object) of control shall specify:
1) date, time and place of drawing up the act;
2) last name, first name, patronymic (if it is indicated in the identity document) and the position of the official of the internal affairs bodies who conducted the inspection with a visit to the subject (object) of control;
3) the name of the subject of control or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom an inspection is scheduled with a visit to the subject (object) of control, the position (if any) of the authorized person who was present during the inspection with a visit to the subject (object) of control;
4) the object of control, indicating the location;
5) a list of identified violations and requirements for the elimination of identified violations, indicating the time period for their elimination;
6) information on familiarization or refusal to familiarize with the act of the control entity or its authorized person, their signatures or refusal to sign;
7) the signature of the official of the internal affairs bodies who conducted the inspection with a visit to the subject (object) of control.
17. The end of the inspection period with a visit to the subject (object) of control is considered to be the day when the inspection report on the results of the inspection with a visit to the subject (object) of control is handed over to the subject of control.
The Law of the Republic of Kazakhstan dated August 8, 2002 No. 345.
This Law regulates relations arising in connection with the realization of the fundamental rights and legitimate interests of the child, guaranteed by the Constitution of the Republic of Kazakhstan, based on the principles of prioritizing the preparation of children for a full-fledged life in society, the development of socially significant and creative activity in them, the education of high moral qualities, patriotism and citizenship, the formation of national identity based on universal human values. values of the world civilization.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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