Article 6-1. The procedure for conducting an inspection with a visit to the subject (object) of control of the Law on Narcotic Drugs, Psychotropic Substances, Their Analogues and Precursors and Measures to counteract their Illicit Trafficking and Abuse

     1. The control over the turnover of narcotic drugs, psychotropic substances and precursors is carried out by visiting the subjects (objects) of control.

     2. Verification with a visit to the subject (object) of control is carried out on the basis of:

     1) operational and preventive measures carried out by the internal affairs bodies of the Republic of Kazakhstan;

     2) verification of the applicant's compliance with the qualification or licensing requirements for the issued license and/or the annex to the license (hereinafter referred to as verification of the applicant's compliance with the qualification or licensing requirements);

     3) control over the execution of orders to eliminate identified violations based on the results of an examination of the applicant's compliance with qualification or licensing requirements;

     4) appeals from government agencies, individuals and legal entities regarding specific violations of the requirements established in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors.

     3. An employee (employees) of the internal affairs bodies of the Republic of Kazakhstan, when conducting an inspection with a visit to the subject (object) of control, has (have) right:

     1) unhindered access to the territory and premises of the subject (object) of control in accordance with the subject of verification upon presentation of the documents specified in paragraph 9 of this Article;

     2) receive documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the inspection with a visit to the subject (object) of control and the order to eliminate the identified violations, as well as access to automated databases (information systems) in accordance with the subject of the inspection, with the exception of information constituting state secrets and a secret protected by the laws of the Republic of Kazakhstan;

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

     4) involve specialists, consultants and experts from government agencies, subordinate and other organizations.

     4. When conducting an inspection with a visit to the subject (object) of control, the subjects of control have the right:

     1) not to allow an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan, who arrived to conduct an inspection, to be checked in the following cases::

     absence of documents provided for in paragraph 9 of this Article;

     exceeding or expiring the deadlines specified in the act on the appointment of an inspection with a visit to the subject (object) of control that do not correspond to the deadlines established by this article;

     to involve third parties in the audit in order to represent their interests and rights, as well as to record by third parties the verification process, as well as individual actions of an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan conducted by him within the framework of the audit, using audio and video equipment, without creating obstacles to the activities of the employee (employees) law enforcement agencies;

     2) appeal the act on the results of the inspection with a visit to the subject (object) of control, the order to eliminate the identified violations in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     5. When conducting an inspection with a visit to the subject (object) of control, the subjects of control must:

     1) to ensure unhindered access of an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan to the territory and premises of the subject (object) of control;

     2) submit to the employee (employees) of the internal affairs bodies of the Republic of Kazakhstan documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the inspection with a visit to the subject (object) of control and the order to eliminate the violations identified in compliance with the requirements of state secrets and other secrets protected by the law of the Republic of Kazakhstan;

     3) make a note of receipt on the second copy of the act on the results of the inspection with a visit to the subject (object) of control and instructions to eliminate the identified violations on the day of the end of the inspection;

     4) to prevent making changes and additions to the documents (information) being checked by the subjects (objects) of control during the inspection period;

     5) to ensure the safety of persons arriving for inspection from harmful and dangerous industrial factors in accordance with the standards established for this facility.

     6. An inspection with a visit to the subject (object) of control is carried out on the basis of an act on the appointment of an inspection with a visit to the subject (object) of control.

     7. An inspection with a visit to the subject (object) of control is carried out without prior notification to the subjects of control and registration of an act on the appointment of an inspection with a visit to the subject (object) of control, followed by its submission within the next business day to the state body carrying out activities in the field of state legal statistics and special accounting within its competence, unless otherwise provided by paragraph 8 of this article.

     8. An inspection with a visit to the subject (object) of control for the applicant's compliance with qualification or licensing requirements is carried out without prior notification to the subjects of control and registration of an act on the appointment of an inspection with a visit to the subject (object) of control in a state body that carries out activities in the field of state legal statistics and special accounting within its competence.

     9. An employee (employees) of the internal affairs bodies of the Republic of Kazakhstan, when checking with a visit to the subject (object) of control, must present:

     1) an act on the appointment of an inspection with a visit to the subject (object) of control;

     2) official identification card.

     10. The act on the appointment of an inspection with a visit to the subject (object) of control 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 an employee of the internal affairs body of the Republic of Kazakhstan authorized to conduct an inspection;

     4) information about specialists, consultants and experts of government agencies and organizations involved in the audit, if any;

     5) the name of the control entity, in respect of which the inspection is scheduled, its location, identification number, list of facilities, area of the territory;

     6) the subject of the assigned 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 period under review;

     10) the rights and obligations of the subject of control provided for in this article;

     11) the signature of an employee of the internal affairs bodies of the Republic of Kazakhstan authorized to sign acts, the seal of the internal affairs body of the Republic of Kazakhstan;

     12) the signature of the head of the legal entity or his authorized person on receipt or refusal to receive an act on the appointment of an inspection with a visit to the subject (object) of control.

     11. The act on the appointment of an inspection with a visit to the subject (object) of control is recorded in the register of inspections with a visit to the subject (object) of control of the internal affairs bodies of the Republic of Kazakhstan that appointed the inspection.

     12. The deadline for conducting an inspection with a visit to the subject (object) of control is set taking into account the amount of work to be done and the tasks set and should not exceed five working days.

     13. The period for conducting an inspection with a visit to the subject (object) of control may be extended only once by the head of the internal affairs body of the Republic of Kazakhstan or a person acting in his place, only if complex and (or) lengthy examinations are necessary.  

     The period of extension of the inspection with a visit to the subject (object) of control should not exceed three working days from the date of receipt of the examination results.

     14. The extension of the inspection period with a visit to the subject (object) of control is formalized by an additional act on the extension of the inspection.  

     The additional act on the extension of the inspection period with a visit to the subject (object) of control shall specify the number and date of registration of the previous act on the appointment of an inspection with a visit to the subject (object) of control and the reason for the extension.

     The notification of the extension of the inspection period with a visit to the subject (object) of control is given to the subject of control one working day before the extension with the notification of delivery.

     15. The date of delivery to the subject of control or his authorized person of the act on the appointment of an inspection with a visit to the subject (object) of control is considered to be the beginning of the inspection with a visit to the subject (object) of control.

     16. The refusal of the subject of control or his authorized person to adopt an act on the appointment of an inspection with a visit to the subject (object) of control or the failure to provide materials and information necessary for conducting an inspection with a visit to the subject (object) of control is not an obstacle to the access of an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan to the object of control.

     17. Based on the results of the inspection with a visit to the subject (object) of control by the employee (employees) of the internal affairs body of the Republic of Kazakhstan who carries out the inspection, an act on the results of the inspection with a visit to the subject (object) of control and an instruction on the elimination of identified violations are drawn up.

The first copy of the act on the results of the audit and the instruction on the elimination of identified violations 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 second copy with copies of appendices, except for copies of documents available in the original to the subject (object) of control, It is transmitted on paper against signature or in electronic form to the subject of control (the head of the legal entity or his authorized person) for familiarization and taking measures to eliminate the identified violations and other actions, the third copy remains in the internal affairs bodies of the Republic of Kazakhstan that conducted the inspection.

     18. The act on the results of the inspection with a visit to the subject (object) of control shall specify:

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

     2) the name of the state body;

     3) the date and number of the act on the appointment of an inspection with a visit to the subject (object) of control;

     4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the employee (employees) of the internal affairs bodies of the Republic of Kazakhstan who conducted the inspection;

     5) information about specialists, consultants and experts from government agencies and organizations involved in the audit;

     6) the name of the control entity, in respect of which the inspection is scheduled, its location, identification number, list of facilities, area of the territory;

     7) date, place and period of the inspection;

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

     9) information on familiarization or refusal to familiarize with the act of the control entity or its authorized person, their signatures or refusal to sign, as well as a note on the presence of comments and (or) objections based on the results of the audit;

     10) the signature of the employee(s) of the internal affairs bodies of the Republic of Kazakhstan who conducted the inspection.

     19. If there are no violations of the requirements established in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors, when conducting an inspection with a visit to the subject (object) of control, a corresponding entry is made in the act on the results of the inspection with a visit to the subject (object) of control.

     20. In cases where, following an inspection with a visit to the subject (object) of control by the internal affairs bodies of the Republic of Kazakhstan, as part of ongoing operational and preventive measures, facts of non-fulfillment and (or) improper fulfillment by the subject (object) of control of duties established in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors, an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan Kazakhstan, within the limits of its powers, takes (takes) measures to bring the subject (object) of control to responsibility established by the laws of the Republic of Kazakhstan.

     21. If violations are detected during the verification of the applicant's compliance with qualification or licensing requirements, after the verification is completed, the subject of control is given an order to eliminate the identified violations.

     22. The time limits for the elimination of identified violations specified in the order for the elimination of identified violations are determined taking into account the circumstances affecting the actual possibility of its execution, but not more than thirty calendar days from the date of delivery of the order for the elimination of identified violations.

     The subject of control, within ten working days after the expiration of the period specified in the instruction on the elimination of identified violations, is obliged to send information on the elimination of identified violations, accompanied (if necessary) by materials proving the elimination of violations, to the internal affairs body of the Republic of Kazakhstan that issued the instruction.

     23. If, as a result of an inspection with a visit to the subject (object) of control for the execution of orders to eliminate identified violations, facts of non-fulfillment and (or) improper fulfillment by the subject (object) of control of duties established in the field of trafficking in narcotic drugs, psychotropic substances and precursors are revealed, an employee (employees) of the internal affairs bodies of the Republic of Kazakhstan, within the limits of authority takes (take) measures to hold the subject (object) of control accountable in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     24. The regulation on the elimination of identified violations states:

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

     2) last name, first name, patronymic (if it is indicated in the identity document) and the position of the employee (employees) of the internal affairs bodies of the Republic of Kazakhstan who conducted the inspection;

     3) the name of the control entity in respect of which an inspection is scheduled with a visit to the subject (object) of control, the position (if any) of the authorized person who was present during the inspection with a visit to the subject (object) of control;

     4) the object of control, indicating the location;

     5) the number and date of the report on the results of the inspection with a visit to the subject (object) of control;

     6) a list of identified violations and requirements for the elimination of identified violations, indicating the time period for their elimination;

     7) information on familiarization or refusal to familiarize with the instruction of the control entity or its authorized person, their signatures or refusal to sign;

     8) the signature of the employee(s) of the internal affairs bodies of the Republic of Kazakhstan who conducted the inspection.

     25. If there are comments and (or) objections based on the results of the inspection with a visit to the subject (object) of control, the subject of control sets them out in writing and sends them to the internal affairs body of the Republic of Kazakhstan no later than three working days from the date of receipt of the act on the results of the inspection with a visit to the subject (object) of control, who conducted the check.

     26. The internal affairs bodies of the Republic of Kazakhstan must consider the comments and (or) objections of the subject of control to the act on the results of the inspection with a visit to the subject (object) of control and the order to eliminate the identified violations, administrative measures, and within thirty working days give a reasoned response on the measures taken.

     27. In case of refusal to adopt an act on the results of an inspection with a visit to the subject (object) of control and an order to eliminate the identified violations, a protocol is drawn up, which is signed by the employee of the internal affairs bodies of the Republic of Kazakhstan carrying out the inspection, the head of the subject of control or his authorized representative.

     28. The control entity has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.

     29. The end of the verification period with a visit to the subject (object) of control and verification of the applicant's compliance with qualification or licensing requirements is considered to be the date of delivery to the subject of control of the act on the results of the inspection with a visit to the subject (object) of control and the instruction to eliminate the identified violations no later than the deadline specified in the act on the appointment of an inspection with a visit to the subject (object) of control (an additional act on the extension of the verification period, if any).

     30. An act on the results of an inspection with a visit to the subject (object) of control and (or) an order to eliminate the detected violations may be appealed to a higher administrative body, an official in accordance with the procedure established by the Administrative Procedural Code of the Republic of Kazakhstan.

     31. An act on the results of an inspection with a visit to the subject (object) of control and (or) an order to eliminate the identified violations, recognized as invalid by a higher administrative authority, official or court, cannot be evidence of a violation by the subject (object) of control of the requirements established in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors.

     32. Violations of the requirements for the organization and conduct of inspections with a visit to the subject (object) of control include:

     1) the absence of grounds for conducting an inspection with a visit to the subject (object) of control;

     2) the absence of an act on the appointment of an inspection with a visit to the subject (object) of control;

     3) appointment of an inspection with a visit to the subject (object) of control on issues outside the competence of the internal affairs body of the Republic of Kazakhstan;

     4) violation of the deadline for conducting an inspection with a visit to the subject (object) of control provided for in this article.

The Law of the Republic of Kazakhstan dated July 10, 1998 No. 279.

     This Law regulates the legal basis of state policy in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors and establishes measures to counteract their illicit trafficking in order to provide drug treatment and protect the health of citizens, public and state security.

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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