Article 60-2. The procedure for conducting preventive control without visiting the subject (object) of control in the field of digitalization of the Law on Cybersecurity

Home / Laws / Article 60-2. The procedure for conducting preventive control without visiting the subject (object) of control in the field of digitalization of the Law on Cybersecurity

1. Preventive control without visiting the subject (object) of control is carried out by the authorized body without visiting the subjects (objects) of control on the basis of analysis and data from digital systems, open sources, mass media, as well as other information about the activities of the subject (object) of control.

2. The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subject of control the right to independently eliminate violations identified by the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on the subject of control.

3. In order to grant the right to independently eliminate violations to the subjects of control, preventive control without visiting the subject (object) of control is carried out only for those violations, the consequences of which can be eliminated in accordance with the legislation of the Republic of Kazakhstan.

4. Based on the results of preventive control without visiting the subject (object) of control, a recommendation is made to eliminate the identified violations without initiating an administrative offense case with a mandatory explanation to the subject of control of the procedure for their elimination.

5. The recommendation to eliminate the identified violations must be handed over to the subject of control personally against signature or in any other way confirming the fact of sending and receiving.

6. A recommendation to eliminate the identified violations, sent in one of the following ways, is considered to have been served in the following cases::

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

2) by mail – by registered mail with notification;

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

7. The recommendation to eliminate the identified violations must be executed within thirty working days from the day following the day of its delivery.

8. In case of disagreement with the violations specified in the recommendation on the elimination of the identified violations, the control entity has the right to send an objection to the authorized body that sent the recommendation on the elimination of the identified violations within five working days from the day following the day of its delivery.

9. Failure to comply with the recommendation on the elimination of identified violations within the prescribed period entails the inclusion of the subject (object) of control in the semi-annual list of preventive control with a visit to the subject (object) of control.

10. Preventive monitoring without visiting the subject (object) of control is carried out no more than once a quarter.

The Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-V SAM.

This Law regulates public relations in the field of informatization that arise in the territory of the Republic of Kazakhstan between government agencies, individuals and legal entities during the creation, development and operation of informatization facilities, as well as with state support for the development of the information and communication technology industry.

President

Republic of Kazakhstan

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