Article 52-4. The procedure for conducting State control over educational organizations and organizations performing the functions of protecting the rights of the child, funded from the State budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children of the Law On the rights of the child in the Republic of Kazakhstan

     1. State control in the field of the protection of the rights of the child (hereinafter referred to as state control) in relation to educational organizations and organizations performing functions for the protection of the rights of the child, funded from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children (hereinafter referred to as subjects (objects) of state control), is carried out in accordance with in the form of scheduled and unscheduled inspections with visits to the subject (object) of state control for compliance with the requirements of the legislation of the Republic of Kazakhstan on the rights of the child.

     2. A scheduled audit is an audit appointed by the authorized body in the field of protection of children's rights of the Republic of Kazakhstan in relation to subjects (objects) of state control based on a risk assessment and management system, based on the results of the analysis:

     1) previous state control in the field of child rights protection in accordance with the Business Code of the Republic of Kazakhstan and this Law;

     2) monitoring of reports and information provided by subjects of state control, including through the information system "National Educational Database" and the Republican Database of orphans, children left without parental care, and persons wishing to adopt children into their families.;

     3) data from the Internet resources of government agencies, educational organizations and organizations responsible for the protection of children's rights, and other open sources;

     4) the number of confirmed requests received from individuals or legal entities, government agencies during one calendar year.

     The risk assessment and management system is conducted using the risk assessment and management information system.

     In the absence of an information system for risk assessment and management, the minimum allowable threshold for the number of subjects (objects) of state control over which state control is carried out should not exceed five percent of the total number of such subjects (objects) of state control.

     3. The authorized body in the field of protection of children's rights of the Republic of Kazakhstan, for the purposes of risk management in the implementation of state control in the form of a scheduled audit, classifies subjects (objects) of state control to one of the following risk levels:

     1) High risk;

     2) Average risk;

     3) Low risk.

     For subjects (facilities) classified as high-risk, the frequency of scheduled inspections is determined no more than once a year.

     For subjects (objects) classified as medium risk, the frequency of scheduled inspections is determined no more than once every two years.

     For subjects (facilities) classified as low-risk, the frequency of scheduled inspections is determined no more than once every three years.

     The risk assessment criteria and checklists used for routine inspections are approved by the authorized body for the protection of children's rights of the Republic of Kazakhstan and posted on its Internet resource.

     4. The basis for the appointment of a scheduled inspection of the subject (object) of state control is the annual list of scheduled inspections (hereinafter referred to as the annual list of inspections).

     The annual list of inspections is generated automatically in the risk assessment and management information system.

     The authorized body for the protection of children's rights of the Republic of Kazakhstan posts an annual list of inspections on its Internet resource by December 25 of the year preceding the year of scheduled inspections.

     In the absence of an automated information system for risk assessment and management, the annual list of inspections is approved by the first head of the authorized body for the protection of children's rights of the Republic of Kazakhstan within the time limits established by part three of this paragraph.

     Amendments and additions to the list of scheduled inspections are carried out in cases of liquidation, reorganization, name change, redistribution of powers between subjects of state control, as well as the occurrence of natural and man-made emergencies, 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.

     If the above cases occur, the scheduled inspection may be extended, suspended and resumed.

     5. Scheduled inspections are carried out on the basis of the inspection appointment act according to the annual inspection list.

     6. The grounds for an unscheduled inspection of subjects (objects) of state control are:

     1) control over the execution of orders to eliminate identified violations as a result of state control, if the subject of state control has not provided information on the elimination of identified violations more than once and (or) has not eliminated violations;

     2) appeals of individuals and legal entities for violations of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;

     3) the prosecutor's demands on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;

     4) appeals of state bodies on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;

     5) publications and reports in the mass media on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;

     6) the instruction of the body of criminal prosecution on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.

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

     7. The authorized body in the field of protection of children's rights of the Republic of Kazakhstan is obliged to notify the subject of state control in writing of the start of a scheduled inspection at least thirty calendar days before the start of the inspection, indicating the date of its start.

     An unscheduled inspection is carried out without notifying the subject of state control.

     8. The date of delivery to the subject of state control of the act on the appointment of an audit, registered with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, indicating the timing and subject of the audit, is considered to be the beginning of the audit.

      In cases of refusal to adopt an act on the appointment of an inspection, as well as obstruction of access of an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan to the materials necessary for conducting an inspection, a protocol on an administrative offense provided for in Article 462 of the Code of Administrative Offenses of the Republic of Kazakhstan is drawn up.

     The protocol is signed by an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, exercising state control, and the head of the subject of state control, and in case of his absence – a substitute person.

     The head of the subject of state control, and in case of his absence, a substitute person, has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.

     Refusal to receive an inspection appointment certificate is not a reason for canceling the inspection.

     An inspection may be conducted only by the official(s) indicated in the inspection appointment act.

     9. The act on the appointment of an audit and the additional act on the extension of the audit period are registered before the start of the audit by submitting them in electronic form to the territorial body of the state body carrying out activities in the field of state legal statistics and special accounting within its competence, at the location of the subject (object) of state control.

     The act on the appointment of the inspection shall specify:

     1) the number and date of the act;

     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(s) authorized to conduct the audit;

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

     5) the name of the subject (object) of state control, its location;

     6) the subject of the scheduled inspection;

     7) the deadline for the audit;

     8) the grounds for conducting an audit, including the regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to verification;

     9) the verification period;

     10) the rights and obligations of the subject of the audit provided for in paragraph 21 of this Article;

     11) the signature of the person authorized to sign the acts and the seal of the state body;

     12) the signature of the head of the subject of state control, and in case of his absence – of a substitute person on receipt or refusal to receive an act on the appointment of an inspection.

     The procedure for registration of acts on the appointment of an inspection, additional acts on the extension of the inspection period, refusal to register and cancellation, notifications of suspension, resumption, extension of the inspection period, changes in the composition of participants and the submission of information accounting documents on the inspection and its results is determined by the Prosecutor General's Office of the Republic of Kazakhstan.

10. The deadlines for inspections are set taking into account the volume of work to be done, as well as the tasks set, and should not exceed:

     during scheduled inspections – fifteen working days and with an extension of no more than fifteen working days.;

     for unscheduled inspections – ten working days and extended for up to ten working days.

     If it is necessary to send a request to state bodies, as well as due to the significant volume of the audit, the audit period may be extended only once by the head of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan for the period provided for in part one of this paragraph.

     In case of extension of the inspection period, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan draws up an additional act on the extension of the inspection period with registration with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, which indicates the number and date of registration of the previous act on the appointment of an inspection and the reason for their extension.

     In case of extension of the inspection period, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan must draw up an additional act on the extension of the inspection period and notify the subject of state control one working day before the extension of the inspection.

     The notification of the extension of the verification period is sent in the form of a registered mail with a delivery notification or by means of an electronic document certified by an electronic digital signature to the e-mail address of the subject of state control, if such an address was previously submitted by this subject of state control to the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, or in any other accessible way.

     11. Inspections are carried out during working hours established by the regulations of the subjects (objects) of state control.

     Officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, who arrived for inspection, are required to present to the subject of state control:

     1) an act on the appointment of an inspection;

     2) official identification card or identification card.

     12. Based on the results of the audit by an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, the following are drawn up:

     1) the report on the results of the audit;

     2) the instruction on elimination of the revealed violations in cases of detection of violations.

     If necessary, copies of documents related to the results of the audit are attached to the act on the results of the audit.

     13. The inspection results report states:

     1) date, time and place of drawing up the act;

     2) the name of the state body;

     3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;

     4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

     5) the name of the subject of state control;

     6) date, place and period of the inspection;

     7) type and subject of verification;

     8) information about the results of the audit, including the identified violations, and their nature;

     9) requirements for the elimination of identified violations, indicating the deadline for fulfilling the requirements and taking measures against those who committed violations;

     10) information on familiarization or refusal to familiarize with the act of the head of the subject of state control, and in case of his absence – a substitute person, as well as persons who were present during the inspection, their signatures or refusal to sign;

     11) the signature of the official(s) who conducted the inspection.

     14. According to the violations revealed as a result of the audit, the subject of state control is issued an order to eliminate the identified violations.

     The regulation on the elimination of identified violations states:

     1) the date, time and place of the prescription;

     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(s) who conducted the inspection;

     4) the name of the subject of state control, as well as the position, surname, first name, patronymic (if it is indicated in the identity document) of the head of the subject of state control, and in case of his absence – the substitute person who was present during the inspection;

     5) date, place and period of the inspection;

     6) the list of detected violations;

     7) instructions for the elimination of identified violations, indicating the time frame for their elimination;

     8) information about familiarization or refusal to familiarize with the instruction of the head of the subject of state control, and in case of his absence – a substitute person.;

     9) the signature of the official(s) who conducted the inspection.

     15. If there are comments and (or) objections based on the results of the audit, the head of the state control entity, and in case of his absence, the substitute person, sets them out in writing within one working day after receiving the order to eliminate the identified violations.

     Comments and (or) objections are attached to the act on the results of the audit, which is marked accordingly.

     In case of refusal to adopt an act on the results of the audit, an act is drawn up, which is signed by the officials carrying out the audit and the head of the subject of state control, and in case of his absence – by a substitute person.

     The head of the subject of state control, and in case of his absence, the substitute person has the right to refuse to sign the act, giving a written explanation of the reason for the refusal.

     The first copy of the act on the results of the audit with copies of appendices on paper against signature or in electronic form is handed over to the head of the subject of state control, and in case of his absence – for the replacement person to review and take measures to eliminate the identified violations, the second copy in electronic form is submitted to the state body carrying out activities in the field of state legal statistics and special accounting within its competence, and its territorial bodies, the third copy remains with the authorized body in the field of protection of children's rights of the Republic of Kazakhstan.

     16. The time limits for the execution of an order to eliminate identified violations are determined taking into account the circumstances affecting the actual possibility of its execution, but not less than ten calendar days from the date of delivery of the order.

     The subject of state control over violations specified in the instruction on the elimination of identified violations, no later than three working days from the day following the day of its delivery, provides information on the measures to be taken to eliminate the identified violations, indicating the deadlines.

     17. Upon expiration of the period for the elimination of identified violations specified in the regulation on the elimination of identified violations, the subject of state control, within the period specified in the regulation, is obliged to provide the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with information on the elimination of identified violations.

     In case of early elimination of the identified violations specified in the regulation on the elimination of identified violations, the subject of state control is obliged to provide the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with information on the elimination of identified violations.

     The subject of state control shall attach materials proving the fact of elimination of violations to the information provided on the elimination of identified violations.

     18. If the subject of state control fails to provide information on the execution of the order to eliminate the identified violations within the prescribed period, the authorized body for the protection of children's rights of the Republic of Kazakhstan within two working days sends to the subject of state control a request on the need to provide information on the execution of the order.

     In case of repeated failure to provide information on the execution of the order to eliminate the identified violations, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan has the right to appoint an unscheduled inspection in accordance with subparagraph 1) paragraph 6 of this article.

     19. The end of the inspection period is considered to be the day when the act on the results of a planned or unscheduled inspection is handed over to the subject of state control no later than the deadline for the end of the inspection specified in the act on the appointment of a planned or unscheduled inspection or the additional act on the extension of the inspection period.

     20. It is prohibited to carry out other types of inspections not established by this article.

     21. Subjects of state control have the right to:

     1) to prevent the inspection of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, who arrived to inspect the facility, in the following cases::

     non-compliance with time intervals in relation to the previous check when assigning a scheduled check;

     exceeding or expiring the time limits specified in the act on the appointment of an inspection (additional act on the extension of time (if any), which do not correspond to the time limits established by this Article;

     instructions for conducting an audit to persons who do not have the appropriate authority to do so;

     extending the verification period beyond the period specified in this article;

     the absence of an act on the appointment of an inspection;

     2) not to provide information if it does not relate to the subject of the audit;

     3) appeal the act on the results of the audit of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

4) record the inspection process, as well as individual actions of an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, conducted by him as part of the inspection, using audio and video equipment, without creating obstacles to the activities of the official, with his notification.

     22. Subjects of state control are obliged to:

     1) to ensure unhindered access of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan to the territory and premises of the subject of state control;

     2) appear at the call of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan;

     3) submit materials at the request of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan;

     4) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the audit, as well as access to automated databases (information systems) in accordance with with tasks and subject of verification;

     5) make a note of receipt of the inspection results report on the day of its completion;

     6) to prevent making changes and additions to the documents being checked during the verification period, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

     7) in case of receipt of an act on the appointment of an inspection, ensure that the head of the state control entity, and in case of his absence, a substitute person, stays at the location of the state control entity during the appointed inspection period.

     23. Inspections of the subject (object) of state control are considered invalid if they are carried out with one of the following violations:

     1) the absence of grounds for conducting an audit of the subject (object) of state control;

     2) absence of notification, as well as non-compliance with the deadlines for notification of the start of the inspection or the extension of the inspection period;

     3) the absence of an act on the appointment of an inspection of the subject (object) of state control or an additional act on the extension of the inspection period;

     4) violation of the frequency of inspection of the subject (object) of state control;

     5) failure to submit to the subject of state control an act on the appointment of an inspection of the subject (object) of state control;

     6) appointment of an inspection of the subject (object) of state control on issues outside its competence;

     7) conducting an audit of a subject (object) of state control without sending an act on the appointment of an audit to a state body that carries out activities in the field of state legal statistics and special accounting within its competence.

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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