Article 49-2. Rapid response measures and the procedure for their application The Law on the Protection, Reproduction and Use of Wildlife
1. During the implementation and (or) based on the results of state control, officials in the field of protection, reproduction and use of wildlife apply rapid response measures in cases of identification of activities or their individual types, products (goods), services of the subject (object) of control and supervision, which pose a direct threat to the rights and legitimate interests of individuals and (or) legal entities, human life and health, and the environment.
2. Rapid response measures are the methods of influencing 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 of control and supervision, the types of which are provided for by this Law.
3. Rapid response measures include:
within the framework of state control and supervision in accordance with subparagraph 6) of paragraph 4 of Article 129 of the Entrepreneurial Code of the Republic of Kazakhstan:
1) the detention and delivery to law enforcement agencies of persons who have committed unauthorized seizure of objects of wildlife, with signs of a crime or a criminal offense;
2) seizure from individuals and legal entities of illegally obtained objects of the animal world, tools for their extraction, as well as swimming and transport vehicles for transfer to law enforcement agencies.
within the framework of preventive control with a visit to the subject (object) of control and supervision and (or) verification – suspension of the activity of the subject of control and supervision or its individual types.
4. The grounds 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 Articles 129 and 143 of the Entrepreneurial Code of the Republic of Kazakhstan.
5. Officials in the field of protection, reproduction and use of wildlife 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, a resolution on the application of rapid response measures is drawn up in accordance with the form approved by the authorized body or the authorized body in the field of fisheries.
The resolution on the application of rapid response measures 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.
After registration of the act of supervision based on the results of state control on the basis of subparagraph 6) of paragraph 4 of Article 129 of the Business Code of the Republic of Kazakhstan, an official in the field of protection, reproduction and use of wildlife directly applies an operational response measure.
6. In case of refusal to adopt a resolution on the application of rapid response measures, upon its delivery, a corresponding entry is deliberately made and a video recording is made recording the fact of refusal to adopt a resolution on the application of rapid response measures.
The resolution on the application of rapid response measures 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 a resolution on the application of rapid response measures is not a reason for its non-fulfillment.
8. Violations of the requirements identified during the implementation and (or) based on the results of preventive control with a visit to the subject (object) of control and supervision and (or) verification, which are the basis for the application of rapid response measures, are reflected in the act on the results of the inspection, as well as in the instruction on the elimination of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and the use of wildlife.
9. The subject of control and supervision is obliged to eliminate the identified violations of the requirements that are the basis for the application of a rapid response measure within the time limits specified in the regulation on the elimination of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife.
10. Upon expiration of the time limits for eliminating violations of the requirements specified in the regulation on eliminating violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife, an unscheduled inspection is conducted to control the elimination of identified violations of the requirements that are the basis for the application of a rapid response measure.
The decree on the application of rapid response measures is terminated if the control and supervisory authority confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures on the basis of an 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 failure to eliminate the identified violations of the requirements that are the basis for the application of rapid response measures, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.
12. Before the expiration of the time limits stipulated by the regulation on the elimination of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife, the subject of control and supervision is obliged to provide information on the elimination of identified violations of the requirements with the attachment of 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 that led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the decision on the application of rapid response measures 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 the decision on the application of rapid response measures.
14. The grounds for invalidating the decision on the application of rapid response measures and its cancellation are:
1) the lack of grounds for the application of rapid response measures;
2) the application of a rapid response measure on grounds that do not correspond to this measure;
3) the application of rapid response measures by the department of the authorized body or the authorized body in the field of fisheries or their territorial divisions 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 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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