Article 49-3. State control in the field of protection, reproduction and use of wildlife over the activities of local executive bodies of regions, cities of republican significance, the capital The Law on the Protection, Reproduction and Use of Wildlife

Home / Laws / Article 49-3. State control in the field of protection, reproduction and use of wildlife over the activities of local executive bodies of regions, cities of republican significance, the capital The Law on the Protection, Reproduction and Use of Wildlife

Article 49-3. State control in the field of protection, reproduction and use of wildlife over the activities of local executive bodies of regions, cities of republican significance, the capital The Law on the Protection, Reproduction and Use of Wildlife

1. State control in the field of protection, reproduction and use of wildlife over the activities of local executive bodies of regions, cities of republican significance, and the capital (hereinafter referred to as the audited state body) is carried out in the form of periodic, unscheduled inspections and remote monitoring in accordance with this article.

2. The periodic inspection is carried out on the basis of semi-annual plans developed and approved by the authorized body or the authorized body in the field of fisheries, no later than December 1 of the year preceding the year of the inspection and June 1 of the current calendar year.

The semi-annual periodic inspection plan includes:

1) the number and date of the plan approval;

2) the name of the state body;

3) the name of the state body under review, its location;

4) the subject of verification;

5) the timing of the audit;

6) the signature of the person authorized to sign the plan.

The semi-annual periodic inspection plan is a notification of a periodic inspection and is posted on the Internet resource of the department of the authorized body or the authorized body in the field of fisheries and their territorial divisions no later than December 10 of the year preceding the year of the inspection and June 10 of the current calendar year.

Amendments and additions to the semi-annual plan for periodic inspections are carried out in cases of liquidation, reorganization of the state body being audited, changes in its name, as well as the occurrence of a natural, man-made and social emergency, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents, and related restrictions.

In the event of the occurrence of the cases specified in part four of this paragraph, the periodic inspection may be extended or suspended.

The dates of periodic inspections are set taking into account the volume of work to be done, as well as the tasks set, and should not exceed fifteen working days, with an extension of no more than fifteen working days. The period of the periodic inspection is interrupted when the periodic inspection is suspended and continues from the moment the periodic inspection is resumed.

The period of periodic inspections can be extended only once. The extension is carried out by a decision of the management of the department of the authorized body or the department of the authorized body in the field of fisheries or the heads of their territorial divisions. The extension of the period of periodic inspections is formalized by an additional order to extend the period of periodic inspection with notification of the inspected state body, which indicates the date and number of the previous order on the appointment of an inspection and the reasons for the extension. The notification of the extension of the period of periodic inspection is handed over to the inspected state body by the department of the authorized body or the department of the authorized body in the field of fisheries or the heads of their territorial divisions one working day before the extension with the notification of delivery.

3. The following sources of information are used to form semi-annual plans for periodic inspections:

1) the results of monitoring reports and information, including through automated digital systems;

2) the results of the analysis of information provided by state bodies at the request of the department of the authorized body or the department of the authorized body in the field of fisheries and (or) their territorial divisions;

3) the results of previous state control and other inspections;

4) Remote control results.

When analyzing and selecting local executive bodies of regions, cities of republican significance, and the capital, data in comparison with the same period of the previous year can be used to form semi-annual plans for periodic inspections.

4. The inspection is carried out by visiting the inspected state body on the basis of an order on the appointment of an inspection, which specifies:

1) order number and date;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person authorized to carry out the inspection;

4) information about the specialists, consultants and experts involved in the audit;

5) the name of the inspected state body, its location;

6) the subject of the scheduled inspection;

7) type of verification;

8) the timing of the audit;

9) the basis of the audit;

10) the period under review;

11) the rights and obligations of the audited state body;

12) the signature of the head of the state body under review or his authorized person on receipt or refusal to receive the order;

13) the signature of the person authorized to sign the order.

Orders on the appointment, extension, suspension and resumption of periodic inspections are signed by the leadership of the department of the authorized body or the department of the authorized body in the field of fisheries or the heads of their territorial divisions.

The date of delivery of the act on the appointment of an inspection to the state body under review is considered to be the beginning of the inspection.

5. The grounds for an unscheduled inspection are:

1) control over the fulfillment of the requirements for the elimination of identified violations specified in the conclusion based on the results of verification and (or) remote monitoring;

2) appeals of individuals and legal entities on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;

3) the prosecutor's office's demand for specific facts of harm or threat of harm to the rights and legitimate interests of individuals and legal entities, the state;

4) appeals from state bodies on specific facts of harm to the rights and legitimate interests of individuals and legal entities, the state, as well as on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan, failure to eliminate which entails harm to the rights and legitimate interests of individuals and legal entities, the state.

The department of the authorized body or the authorized body in the field of fisheries or their territorial subdivisions are obliged to notify the inspected state body of the start of an unscheduled inspection at least one day before it begins, indicating the subject of the inspection.

6. The period for conducting an unscheduled inspection should not exceed ten working days with an extension of up to ten working days.

The deadline for an unscheduled inspection can only be extended once. The extension is carried out by a decision of the management of the department of the authorized body or the department of the authorized body in the field of fisheries or the heads of their territorial divisions. The extension of the terms of an unscheduled inspection is formalized by an additional order to extend the period of an unscheduled inspection with a notification to the state body being audited, which indicates the date and number of the previous order on the appointment of an inspection and the reasons for the extension. The notification of the extension of the terms of the unscheduled inspection to the inspected state body is handed over by the department of the authorized body or the authorized body in the field of fisheries or their territorial divisions one working day before the extension with the notification of delivery.

7. Unscheduled inspections are not carried out in cases of anonymous requests.

8. Remote monitoring is carried out once a year without visiting the inspected state body by performing the following actions:

1) monitoring the activities of the audited state body;

2) a request for the provision of necessary information regarding the subject of the audit;

3) summoning the head of the state body under review or his authorized person in order to obtain the necessary information regarding the subject of the audit.

The duration of remote monitoring should not exceed ten working days. On the day of the end of the remote control, an opinion on the results of remote control (if there are violations) is sent to the state body being checked.

9. In case of detection of violations based on the results of remote monitoring, an opinion is drawn up in triplicate, which states:

1) the number, date and place of the conclusion;

2) the name of the state body;

3) the name of the state body under review, its location;

4) the basis and subject of remote control;

5) the period and timing of remote monitoring;

6) identified violations and demands for their elimination, indicating the deadline for fulfilling the requirements and taking measures against those who committed violations.

At the same time, the deadline for fulfilling the requirements for the elimination of identified violations is at least ten working days from the date of delivery of the conclusion.;

7) the signature of the official who conducted the remote control.

One copy of the conclusion based on the results of remote control is sent to the state body being checked in the form of a registered mail with a delivery notification or by means of an electronic document to the e-mail address of the state body being checked or in another accessible way. The second copy remains with the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial subdivisions, the third copy 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.

If there are comments and (or) objections on the results of remote control, the state body under review shall state them in writing and send them to the department of the authorized body or the department of the authorized body in the field of fisheries or to their territorial divisions within three working days from the date of delivery of the conclusion on the results of remote control.

The department of the authorized body or the authorized body in the field of fisheries or their territorial subdivisions, within the limits of their competence, must consider the comments and (or) objections of the inspected state body and give a reasoned response within ten working days.

10. Based on the results of the audit, an opinion is drawn up in three copies.

The conclusion on the results of the audit indicates:

1) the number, date and place of the conclusion;

2) the name of the state body;

3) surnames, first names, patronymics (if they are indicated in the identity documents) and positions of the persons who carried out the inspection;

4) information about the specialists, consultants and experts involved in the audit;

5) the name of the inspected state body, its location;

6) the basis and subject of the audit;

7) type of verification;

8) the verification period;

9) the deadline for conducting the audit;

10) identified violations and demands for their elimination, indicating the deadline for fulfilling the requirements and (or) taking measures against those who committed violations;

11) information about familiarization or refusal to familiarize with the conclusion of the persons present during the inspection, their signatures or a record of refusal to sign;

12) the signature of the officials who conducted the inspection.

If available, documents related to the results of the audit or copies thereof shall be attached to the conclusion on the results of the audit.

11. The first copy of the conclusion on the results of the audit 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 against signature or in electronic form is handed over to the audited state body (head or his authorized person) for review and taking measures to eliminate the identified violations. and other actions, The third copy remains with the department of the authorized body or the department of the authorized body in the field of fisheries or in their territorial divisions.

If there are comments and (or) objections based on the results of the audit, the inspected state body shall state them in writing and send them to the department of the authorized body or the authorized body in the field of fisheries or their territorial divisions within three working days from the date of delivery of the conclusion on the results of the audit. The official who conducted the inspection makes a corresponding entry in the report on the results of the inspection.

12. In the absence of violations of the requirements established by the legislation of the Republic of Kazakhstan, when conducting an audit, a corresponding entry is made in the conclusion on the results of the audit.

13. The end of the inspection period is considered to be the day when the conclusion on the results of the inspection is handed over to the state body being checked no later than the deadline for completing the inspection specified in the order appointing the inspection (additional order extending the inspection period, if any).

14. The requirements for the elimination of identified violations, indicated in the conclusion on the results of the inspection or remote control, are mandatory for the audited state bodies.

Upon the expiration of the period for the elimination of the identified violations specified in the conclusion on the results of the inspection or remote control, the inspected state body, within the period specified in the conclusion on the results of the inspection or remote control, is obliged to provide information to the department of the authorized body or the authorized body in the field of fisheries and (or) their territorial divisions on the elimination of the identified violations.

In cases of non-provision or incomplete provision by the audited state body within the prescribed period of information on the elimination of identified violations, the department of the authorized body or the authorized body in the field of fisheries and (or) their territorial divisions appoint an unscheduled inspection.

The inspected state body shall attach materials proving the fact of elimination of the violation to the information provided on the elimination of the detected violations. In this case, an unscheduled inspection is not required.

15. Officials of the department of the authorized body or the department of the authorized body in the field of fisheries and (or) their territorial divisions, when conducting an inspection, have the right:

1) unhindered access to the territory and premises of the inspected state body;

2) receive documents (information) on paper and electronic media or copies thereof for attachment to the conclusion on the results of the inspection or remote control, as well as access to automated databases (digital systems) in accordance with the subject of the inspection;

3) involve specialists, consultants and experts;

4) to carry out audio, photo and video shooting;

5) to extend, suspend and resume the inspection in the cases specified in this article.

16. Officials of an authorized body or an authorized body in the field of fisheries who have arrived to conduct an inspection are required to present to the state body being checked:

1) an order for the appointment of an inspection;

2) official identification card.

17. The inspected state bodies or their authorized representatives during the inspection have the right:

1) not to submit documents and information if they do not relate to the subject of the inspection or remote control.;

2) for violations identified as a result of inspection or remote monitoring, if additional time and (or) financial costs are required, apply to the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial divisions no later than three working days with an application for an extension of the time limits for eliminating violations.;

3) appeal against the conclusion on the results of the inspection or remote control, as well as actions (inaction) of officials of the department of the authorized body or department of the authorized body in the field of fisheries or their territorial divisions in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

4) not to comply with prohibitions not based on the law by officials of the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial divisions, restricting the activities of the state body under review;

5) record the process of verification or remote control, as well as individual actions of an official carried out by him within the framework of verification or remote control, using audio and video equipment, without creating obstacles to the activities of the official.

18. The inspected state bodies or their authorized representatives during the inspection are obliged to:

1) to ensure unhindered access of officials of the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial divisions to the territory and premises of the inspected state body;

2) in compliance with the requirements for the protection of commercial, tax or other secrets protected by the law of the Republic of Kazakhstan, submit to officials of the department of the authorized body or department of the authorized body in the field of fisheries documents (information) on paper and electronic media or copies thereof for attachment to the conclusion on the results of verification or remote control, as well as access to automated databases data (digital systems) in accordance with the subject of verification or remote control;

3) make a note of receipt of the order to appoint an inspection on the day of the start of the inspection and the conclusion on the results of the inspection or remote control on the day of their completion;

4) to prevent making changes and additions to the documents being checked during the inspection or remote control, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

5) ensure that the head or his authorized person stays at the location of the state body being audited within the prescribed time limits for verification.

19. If, as a result of the audit, the fact of violation by the audited state body of requirements in the field of protection, reproduction and use of wildlife is revealed, if there is sufficient data indicating signs of an administrative offense, officials of the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial divisions, within the limits of their powers, take measures to attract persons who committed violations are held liable in accordance with the laws of the Republic of Kazakhstan.

In cases of obstruction of access of an official of the department of the authorized body or the department of the authorized body in the field of fisheries or their territorial divisions carrying out the inspection to the materials necessary for conducting the inspection, or providing false information, non-fulfillment or improper fulfillment of legal requirements for the elimination of violations, measures are taken to bring the persons who committed violations to responsibility, established by the Legislation of the Russian Federation. laws 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..

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Republic of Kazakhstan

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