Article 7-1. Preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement of the Law on Energy Conservation and Energy Efficiency Improvement

     1. The objectives of preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement are the timely suppression and prevention of violations of the requirements of the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement, granting the subject of control the right to independently eliminate violations identified by the results of such control, and reducing the administrative burden on it.

     2. Preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement is carried out by studying, analyzing, comparing information obtained from various sources, including on the basis of information:

     1) represented by central state and local executive bodies;

     2) presented by the National Institute for Development in the field of Energy Conservation and Energy Efficiency Improvement;

     3) received from the mass media and other sources, appeals from individuals and legal entities.

     3. Preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement is carried out by the authorized body.

     4. Based on the results of preventive control without visiting the subject (object) of control, a recommendation is drawn up to eliminate the identified violations of the requirements of the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement (hereinafter referred to as the recommendation) no later than five working days from the date of detection of such violations without initiating an administrative offense case with mandatory explanation to the subject of control of the method of eliminating violations.

     5. The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

     A recommendation sent by one of the following methods is considered to have been handed over (received) in the following cases:

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

     2) by mail – from the date of notification of receipt of the postal item by registered mail;

     3) electronically – from the date of sending to the e-mail address of the subject of control.

     If the control entity refuses to accept the recommendation, the person delivering or handing it over makes an appropriate note on the recommendation, which is returned to the authorized body.

     6. The recommendation must be executed within ten working days from the day following the day of its delivery (receipt), except in cases where a longer period of execution is specified in the recommendation itself.

     7. In case of disagreement with the violations specified in the recommendation, the control entity has the right to send an objection to the authorized body within five working days from the day following the day of delivery (receipt) of the recommendation.

     8. Failure to comply with the recommendation within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including it in the semi-annual list of preventive control with a visit to the subject (object) of control.

     9. The frequency of preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement is no more than twice a year.

     10. The results of preventive control without visiting the subject (object) of control in the field of energy conservation and energy efficiency improvement are subject to registration in a special journal of registration of preventive control without visiting the subject (object), which must be numbered, laced and sealed with the seal of the authorized body.

The Law of the Republic of Kazakhstan dated January 13, 2012 No. 541-IV.

     This Law regulates public relations and defines the legal, economic and organizational foundations of the activities of individuals and legal entities in the field of energy conservation and energy efficiency improvement.

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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