Article 6-3. Inspections in the field of electric power industry of the Law on Electric Power Industry

Home / RLA / Article 6-3. Inspections in the field of electric power industry of the Law on Electric Power Industry

1. Verification of the subject (object) of control (hereinafter referred to as verification) is the activity of the control body in relation to the subject (object) of control for compliance with the requirements provided for in paragraph 4 of Article 6 of this Law.

The inspection is carried out with a visit to the subject (object) of control, according to the results of which, if violations are detected by the subject (object) of control, an act on the results of the inspection and an instruction on the elimination of detected violations are drawn up.

2. Inspections are divided into scheduled and unscheduled.

3. Scheduled inspections are carried out on the basis of an act on the appointment of an inspection in accordance with the annual list of inspections approved by the control body by December 10 of the year preceding the year of the scheduled inspection.

The annual list of inspections is formed taking into account the classification of subjects (objects) of control according to the degree of wear of the main equipment and (or) the number of technological violations and is posted on the Internet resource of the control body no later than December 20 of the year preceding the year of inspections.

Subjects (objects) of control according to the degree of wear of the main equipment are divided into:

1) low risk – wear of up to 50 percent;

2) the average degree of risk is wear from 51 to 75 percent;

3) a high degree of risk – wear of over 75 percent.

Subjects (objects) of control according to the number of technological violations in accordance with the classification of technological violations approved by the authorized body are divided into:

1) low risk – the presence of failures of the II degree;

2) the average degree of risk is the presence of failures of I, II degrees;

3) a high degree of risk – the presence of accidents, failures of I, II degrees.

Inspection of subjects (objects) of control classified as low-risk is carried out no more than once every two years, with the exception of unscheduled inspections.

Inspection of subjects (objects) of control classified as medium and high risk is carried out no more than once a year, with the exception of unscheduled inspections.

The annual list of inspections is generated using information systems in automatic mode based on data from administrative sources, as well as information tools.

In the absence of a functioning information system in automatic mode, the annual list of inspections is formed independently by the control authorities, taking into account the risk of wear of the main equipment and (or) the number of technological violations.

When the control body draws up a list of inspections and semi-annual preventive control lists with visits to the subject of control in the field of electric power industry, uniform deadlines for the period of inspections are established for the same subjects (objects) of control.

Annual lists of inspections in respect of subjects (objects) of control are formed with mandatory indication of the objects in respect of which an inspection is scheduled.

Amendments and additions to the annual list of inspections are carried out in cases of liquidation, reorganization of the inspected control entity (object), change of 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 diseases., parasitic diseases, poisoning, radiation accidents and related restrictions.

The form of the inspection list is approved by the authorized body.

4. The control body is obliged to notify in writing the subject (object) of control or its authorized person, the state body carrying out activities in the field of legal statistics and special accounting within its competence, of the start of the audit at least three working days before the start of the audit, indicating the date of its start, unless otherwise provided. this article.

A notification of the start of an inspection sent by one of the following methods is considered to have been duly served in the following cases::

1) on purpose – from the date of the mark in the notification of receipt;

2) by mail – by registered mail with notification;

3) electronically – from the date of sending by the control body to the e-mail address of the subject (object) of control specified in the letter at the request of the control body.

5. An unscheduled inspection is an inspection appointed by a control body based on specific facts and circumstances that served as the basis for the appointment of an unscheduled inspection in relation to a specific subject (object) of control, in order to prevent and (or) eliminate an immediate threat to human life and health, the environment, the legitimate interests of individuals and legal entities, and the state.

When conducting an unscheduled inspection, with the exception of the cases provided for in subitems 3), 4), 5) and 6) of paragraph 6 of this Article, the control body is obliged to notify the subject (object) of control of the start of the unscheduled inspection of the subject (object) of control at least one day before its start, indicating the subject of the inspection of the subject (object of) control.

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

1) control of the implementation of measures based on the results of the investigation of accidents or failures of the first degree in accordance with the classification of technological violations approved by the authorized body;

2) failure to comply with the measures specified in the conclusion on the results of remote monitoring, including failure to provide information on the elimination of identified violations and (or) failure to eliminate violations;

3) appeals of individuals and legal entities with the attachment of supporting materials proving the fact of violation of the requirements of the legislation of the Republic of Kazakhstan in the field of electric power industry;

4) information from official sources about accidents or failures of the first degree in accordance with the classification of technological violations approved by the authorized body;

5) control over the execution of orders to eliminate identified violations based on the results of a routine inspection, if the subject (object) of control has not provided information on the elimination of identified violations more than once and (or) has not eliminated the identified violations.;

6) the prosecutor's demand for 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;

7) appeals from state bodies on specific facts of harm to human life, health, the environment, violated rights and legitimate interests of individuals and legal entities, the state, as well as violations of the requirements of the legislation of the Republic of Kazakhstan, failure to eliminate which entails harm to human life and health, rights and legitimate interests of individuals and legal entities;

8) assignment of a criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan;

9) the instruction of the first head of a higher state body on taking measures against subjects (objects) of control for violations of the requirements of the legislation of the Republic of Kazakhstan in the field of electric power industry.

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

The Law of the Republic of Kazakhstan dated July 9, 2004 No. 588.

This Law regulates public relations arising in the process of production, transmission and consumption of electric energy.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases