Article 52. State control over the observance by local executive bodies of regions, cities of republican significance, and the capital of the functions assigned to them in the field of protection and use of the water fund Water Code of the Republic of Kazakhstan

Home / Codes / Article 52. State control over the observance by local executive bodies of regions, cities of republican significance, and the capital of the functions assigned to them in the field of protection and use of the water fund Water Code of the Republic of Kazakhstan

Article 52. State control over the observance by local executive bodies of regions, cities of republican significance, and the capital of the functions assigned to them in the field of protection and use of the water fund Water Code of the Republic of Kazakhstan

1. State control over compliance by local executive bodies of regions, cities of republican significance, and the capital with their assigned functions in the field of protection and use of the water fund is carried out by basin water inspections in the form of an inspection without prior notification to the subject of control and registration of an inspection appointment act, as well as by analyzing reports and information received from government agencies, individuals and legal entities, as well as information contained in the mass media concerning the subject of state control, provided for in this article.

2. The subject of state control is compliance with the functions assigned to local executive bodies of regions, cities of republican significance, and the capital for:

1) planning and implementing measures for the protection of the water fund, the use of water resources, and the development of water management and hydraulic structures in the implementation of basin plans;

2) sanitation of surface water bodies;

3) establishment of water protection zones, strips and the regime of their economic use;

4) annual determination of payment rates for the use of surface water resources;

5) taking measures to implement the recommendations of the basin councils;

6) organization of creation of engineering systems for protection of settlements, industrial facilities, agricultural lands, transport infrastructure facilities, hazardous production facilities for protection from flood and meltwater and (or) their drainage, and (or) redistribution for replenishment of reservoirs, lake systems and groundwater deposits;

7) organization of afforestation of floodplain areas of surface water bodies, protective afforestation in territories under their functional jurisdiction to prevent harmful effects of water and prevent artificial droughts in accordance with the conclusions of basin plans;

8) accounting of water management facilities that are in communal ownership, as well as ownerless water management facilities located in the relevant territory.

3. Subjects of state control are:

1) executive bodies financed from the local budget of cities of republican significance, the capital;

2) executive bodies funded from the local budget of the regions.

4. In order to clarify incoming reports and information from government agencies, individuals and legal entities, as well as those contained in the mass media, during their analysis, basin water inspections have the right to request official information concerning the functions provided for in Article 27 of this Code from subjects of state control.

Local executive bodies of regions, cities of republican significance, and the capital are required to provide the requested information within their competence.

5. Based on the results of the analysis of reports and information, if violations are detected in the actions (inaction) of subjects of state control, the basin water inspectorate prepares recommendations on the elimination of identified violations and sends them for consideration to the relevant local executive body of regions, cities of republican significance, and the capital. A copy of the recommendations on the elimination of identified violations is sent to the authorized body.

6. Local executive bodies of regions, cities of republican significance, and the capital, in case of disagreement with violations identified by the results of the analysis of reports and information, or with certain provisions specified in the recommendations, have the right to send their objections to the basin water inspectorate within five working days from the day following the day of delivery (receipt) of the recommendation.

7. The inspections are divided into:

1) planned;

2) unscheduled.

8. Scheduled inspections are carried out no more than once a year in accordance with the annual plan approved by the department of the authorized body no later than December 25 of the year preceding the year of the audit, which includes:

1) number and date of approval;

2) the name of the state body;

3) the name of the audited entity;

4) the location of the subject (object) being audited;

5) the subject of audit;

6) the timing of the audit;

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

The annual inspection plan is posted on the authorized body's Internet resource.

The scheduled inspection period is fifteen working days.

Amendments and additions to the annual plan for scheduled inspections are carried out in cases of liquidation, reorganization of a control entity, change of its name or redistribution of powers between subjects of state control, as well as the occurrence of a natural and man-made emergency, the introduction of a state of emergency in the event of the outbreak 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 scheduled inspection may be extended or suspended for a period of no more than thirty calendar days from the date of lifting the regime of a natural and man-made emergency or a state of emergency.

9. An unscheduled inspection is carried out:

1) if there are confirmed complaints received from individuals and legal entities about violations of the requirements of the legislation of the Republic of Kazakhstan in the field of protection and use of the water fund;

2) for the purpose of monitoring the execution of instructions on the elimination of identified violations specified in the act on the results of the audit;

3) at the request of the prosecutor on specific facts of causing or threatening harm to life, human health, the environment, the rights and legitimate interests of individuals and legal entities, the state;

4) on behalf 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.

The duration of the unscheduled inspection is no more than five working days with an extension of up to five working days. The term may be extended no more than once.

10. Inspections are carried out on the basis of the act of the basin water inspection on the appointment of an inspection, which includes: 1) number and date;

2) the name of the state body;

3) the surname, 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 audited entity;

6) type of the audit;

7) the subject of the scheduled inspection;

8) the deadline for the audit;

9) the grounds for conducting the audit;

10) the period under review;

11) signature of the person authorized to sign the acts;

12) the signature of the head of the state control entity or his authorized person(s) on receipt or refusal to receive the act.

11. Based on the results of the inspection, an official of the basin water inspectorate draws up an act on the results of the inspection and an order to eliminate violations, if any.

The inspection results report contains:

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

2) the name of the state body;

3) the surname, 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, the position of the representative who was present during the audit;

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

6) information on familiarization or refusal to familiarize with the act on the results of the inspection of representatives of the subject of state control, as well as persons present during the inspection, their signatures or refusal to sign;

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

The instruction on elimination of the revealed violations must contain:

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

2) the name of the state body;

3) the surname, 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 or surname, first name, patronymic (if it is indicated in the identity document) of the subject of state control, the position of the representative who was present during the inspection;

5) recommendations for the elimination of identified violations, indicating the time frame for elimination;

6) information about the familiarization or refusal to familiarize with the instruction on the elimination of violations of representatives of the subject of state control, as well as persons present during the inspection, their signatures or refusal to sign;

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

12. The act on the results of the inspection and the instruction on the elimination of the detected violations shall be drawn up in two copies. One copy is submitted to the subject of state control, the second remains in the basin water inspectorate.

The form of the report on the results of the inspection and the order to eliminate the identified violations are approved by the authorized body.

13. Officials of the basin water inspection, when conducting an inspection, have the right for:

1) unhindered access to the territory and premises of the state control facility upon presentation of an official identification card or identification card;

2) to receive copies of documents (information) on paper and electronic media for attachment to the act on the results of the audit;

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

14. Officials of the basin water inspection who carry out the inspection are prohibited from making demands and requests that are not related to the subject of the inspection.

Officials of the basin water inspection, when conducting an inspection, are required to:

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

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

3) not to interfere with the established mode of operation of subjects of state control during the inspection period;

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 established by the legislation of the Republic of Kazakhstan;

5) not to prevent the subject of state control or its 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 state control with the necessary information related to the subject of the audit;

7) to hand over to the subject of state control an act on the results of the audit, in cases of violations, an order to eliminate the identified violations based on the results of the audit on the day of its completion;

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

15. Subjects of state control or their authorized representatives, when conducting an audit, must:

1) ensure unhindered access of officials of the basin water inspection who have presented an official ID or identification card to the territory and premises of the inspected facility;

2) not to interfere with the exercise of the rights of officials of state bodies provided for in paragraph 13 of this Article.

16. Subjects of state control or their authorized representatives may, when conducting an audit:

1) do not allow persons who do not have an official identification card to the inspection;

2) state their comments and (or) objections in writing and attach them to the report on the results of the audit;

3) appeal decisions, actions (inaction) of the basin water inspectorate and their officials to a higher state body or to a court.

17. Upon the revealed facts of violations by the subject of state control of the requirements established by the legislation of the Republic of Kazakhstan in the field of protection and use of the water fund, the official (officials) of the basin water inspectorate, within the powers provided for by the legislation of the Republic of Kazakhstan, is obliged (must) to take measures provided for by the laws of the Republic of Kazakhstan to eliminate the identified violations and bring persons who allowed the violations to liability in accordance with the laws of the Republic of Kazakhstan.

18. The basin water inspectorate shall notify the state body carrying out activities in the field of state legal statistics and special accounting within its competence of the results of the state control carried out in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The Code of the Republic of Kazakhstan dated April 9, 2025 № 178-VIII LRK

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Republic of Kazakhstan

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