Article 53. State control over prevention of unauthorized water use and compliance with the prohibitions established by this Code on carrying out economic activities on water bodies, in water protection zones and strips Water Code of the Republic of Kazakhstan

Home / Codes / Article 53. State control over prevention of unauthorized water use and compliance with the prohibitions established by this Code on carrying out economic activities on water bodies, in water protection zones and strips Water Code of the Republic of Kazakhstan

Article 53. State control over prevention of unauthorized water use and compliance with the prohibitions established by this Code on carrying out economic activities on water bodies, in water protection zones and strips Water Code of the Republic of Kazakhstan

1. This state control is carried out in the form of inspections of facilities without registration of an act on the appointment of an inspection before it begins.

2. Subjects of state control are individuals and legal entities engaged in unauthorized water use and (or) prohibited economic activities on water bodies, in water protection zones and strips.

The objects of state control are the objects of water relations specified in Article 11 of this Code, as well as property owned or otherwise legally owned by subjects of state control, the use of which is associated with objects of water relations (hereinafter referred to as objects of control).

3. In order to carry out an inspection, basin water inspections shall pre-carry out a forecast assessment of water bodies where there are potentially high risks of unauthorized water use and non-compliance with the prohibitions on economic activity established by this Code on water bodies, in water protection zones and strips, based on:

1) an analysis of information received from individuals or legal entities, government agencies;

2) information from the mass media;

3) remote sensing of the earth.

4. Based on the forecasted assessment of water bodies provided for in paragraph 3 of this Article, the basin water inspectorate shall draw up a list of water bodies for inspections, as well as determine the dates and duration of their conduct.

At the same time, during the inspection, it is prohibited to carry out control over subjects of state control that have a permit for special water use and (or) documents for carrying out activities on water bodies, in water protection zones and strips, agreed with the basin water inspectorate.

5. To carry out an inspection, an official (officials) of the basin water inspection who has arrived at the control facility for inspection shall present an official identification card or an identification card.

6. Based on the results of the inspection, an official of the basin water inspection draws up an act on the results of the inspection, containing:

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

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 audit of representatives of the subject of state control, as well as persons present during the audit, their signatures or refusal to sign;

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

The report on the results of the audit is 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 inspection report is approved by the authorized body.

7. Upon the revealed facts of violations by the subject of state control of the requirements established by the legislation of the Republic of Kazakhstan, an official of the basin water inspectorate, within the limits of the powers provided for by the legislation of the Republic of Kazakhstan, is obliged to take measures provided for by the laws of the Republic of Kazakhstan to eliminate the violations and bring the perpetrators to responsibility established by the laws of the Republic of Kazakhstan.

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

1) for 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 filming.

9. Officials of the basin water inspection during the inspection are obliged to:

1) ensure the safety of documents (information) obtained as a result of the audit;

2) hand over to the subject of state control an act on the results of the audit.

10. 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 presented official identification cards or identification cards, 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 8 of this Article.

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

1) not to 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 the results of the audit to higher state authorities or to the court.

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

President

Republic of Kazakhstan

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