Article 49-1. State control in the field of protection, reproduction and use of wildlife in terms of preventing unauthorized seizure of wildlife objects of the Law on Protection, Reproduction and Use of Wildlife

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Article 49-1. State control in the field of protection, reproduction and use of wildlife in terms of preventing unauthorized seizure of wildlife objects of the Law on Protection, Reproduction and Use of Wildlife

 1. State control in the field of protection, reproduction and use of wildlife in terms of preventing unauthorized seizure of wildlife objects is carried out in the form of inspections without notifying the subjects of control and supervision.

2. The inspection is carried out for compliance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife by examining the activities of subjects of control and supervision in order to prevent unauthorized seizure of wildlife.

The check is performed on:

fisheries reservoirs and (or) sites – by the department of the authorized body in the field of fisheries or its territorial subdivisions;

hunting grounds – by the department of the authorized body or its territorial subdivisions in the field of forestry, protection, reproduction and use of wildlife and specially protected natural territories.

3. An official of the department of the authorized body in the field of fisheries or its territorial subdivision, who carries out inspections at fishery reservoirs and (or) sites, verifies:

1) the presence of a fisherman's certificate;

2) the availability of a permit for the use of fish resources and other aquatic animals, as well as the compliance of the quantity and species composition of the fish caught with the permit for the use of fish resources and other aquatic animals;

3) the availability of a log of catch of fish resources and other aquatic animals (fishing log) and the correspondence of the recorded data on the volume and species composition of fish;

4) fishing gear and fishing methods for compliance with the list of permitted commercial and non-commercial types of fishing gear and fishing methods, fishing rules and permits for the use of fish resources and other aquatic animals;

5) compliance with restrictions and prohibitions on the use of objects of the animal world, their parts and derivatives;

6) compliance with the fishing measure of fish and by-catch by fish species;

7) availability of a voucher.

4. An official of the department of the authorized body or its territorial subdivision, who carries out an inspection on hunting grounds, verifies:

1) having a hunter's ID;

2) the availability of a permit for the use of wildlife and vouchers;

3) the availability of a permit for the storage, storage and carrying of civilian weapons and ammunition;

4) the presence of a passport of a hunting bird of prey or a hunting dog;

5) the existence of a contract for the use of wildlife with the subject of the hunting industry;

6) availability of an animal production log (trade log);

7) the availability of a permit for the withdrawal of animal species, the number of which is subject to regulation;

8) tools, methods and methods of obtaining animals, their sex and age composition for compliance with hunting rules;

9) compliance with restrictions and prohibitions on the use of objects of the animal world, their parts and derivatives.

5. An official who has arrived to conduct an inspection shall present an official identification card or an identification card to the subject of control and supervision.

6. The time limit for conducting an audit in respect of a subject of control and supervision should not exceed twenty-four hours.

7. If, during the implementation and (or) based on the results of verification, the facts of a violation with the presence of an administrative offense are identified, the subject of control and supervision is brought to administrative responsibility in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.

8. When conducting an inspection, officials have the right to:

1) unhindered access to the territory and premises of the subject (object) of control and supervision upon presentation of the documents specified in paragraph 5 of this Article;

2) to carry out audio, photo and video shooting.

9. When conducting an inspection, an official may not:

1) require the provision of documents and information if they are not the objects of verification or do not relate to the subject of verification;

2) disclose and (or) disseminate information obtained as a result of the audit;

3) make demands and make requests that are not related to the subject of the audit.

10. When conducting an inspection, officials are required to:

1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of subjects of control and supervision;

2) to carry out the inspection on the basis and in strict accordance with the procedure established by this article;

3) apply rapid response measures in accordance with this Law;

4) timely and fully comply with the powers granted in accordance with the laws of the Republic of Kazakhstan to prevent, identify and suppress violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;

5) not to prevent the subject of control and supervision or his authorized representative from being present during the inspection, to provide explanations on issues related to the subject of the inspection;

6) provide the subject of control and supervision with the necessary information related to the subject of the audit;

7) ensure the safety of documents and information obtained as a result of the audit.

11. The subjects of control and supervision in carrying out the audit have the right:

1) do not allow officials who have arrived to conduct an inspection to be checked in the absence of documents provided for in paragraph 5 of this Article.;

2) not to submit documents and information if they do not relate to the subject of verification;

3) record the verification process, as well as individual actions of the official carried out by him within the framework of the audit, using audio and video equipment, without creating obstacles to the activities of the official;

4) appeal decisions, actions (inaction) of officials to a higher official or to a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

12. Subjects of control and supervision are obliged to:

1) not to interfere with the implementation of inspections to prevent unauthorized seizure of wildlife objects conducted in accordance with this article;

2) ensure unhindered access of officials carrying out the inspection to the territory and premises of the subject (object) of control and supervision in compliance with the requirements of paragraph 5 of this Article.

The Law of the Republic of Kazakhstan dated July 9, 2004 No. 593.

This Law regulates public relations in the field of protection, reproduction and use of wildlife, as well as the conservation and reproduction of Kazakh dog breeds and is aimed at ensuring conditions for the conservation of wildlife and its biological diversity, sustainable use of wildlife in order to meet environmental, economic, aesthetic and other human needs, taking into account the interests of present and future generations..

President

Republic of Kazakhstan

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President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases