Article 7-2. Rapid response measures and the procedure for their application for small vessels of the Law on Inland Waterway Transport
1. Operational response measures are applied by employees, military personnel of the territorial body of the authorized body in the field of civil protection, exercising control and supervision in the field of civil protection, if the activities of subjects (objects) of control and supervision pose an immediate threat to the safe operation of small vessels, human life and health, and the environment.
2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision used during the implementation and (or) based on the results of an inspection (inspection), preventive control with a visit to the subject of control and supervision, the types of which are provided for in this article.
3. Rapid response measures include the suspension and prohibition of movement (operation) of small vessels in the presence of threats to the safety of small vessel operation, human life and health, and the environment.
4. The basis for the application of rapid response measures is a violation of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with Article 17-4 of this Law.
5. The territorial bodies of the authorized body in the field of civil protection, during the implementation and (or) based on the results of state control, if violations of the requirements that are the basis for the application of rapid response measures are detected, draw up an act of supervision in the form approved by the authorized body.
The act of supervision is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.
6. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act of supervision.
The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by letter with a notification of its delivery.
7. Refusal to receive an act of supervision is not a reason for its non-fulfillment.
8. Violations of requirements identified during the implementation and (or) based on the results of state control, which are the basis for the application of rapid response measures, are reflected in the act on the results of preventive control with a visit to the subject (object) of control and supervision and (or) the act of inspection of a small vessel, as well as in the regulation on the elimination of violations of the legislation of the Republic of Kazakhstan on internal by water transport.
9. The subject of control and supervision is obliged to eliminate the identified violations of the requirements that are the basis for the application of an operational response measure within the time limits specified in the instruction on the elimination of violations of the legislation of the Republic of Kazakhstan on inland waterway transport.
10. Upon expiration of the deadlines for eliminating violations of the requirements identified by the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection of a small vessel, an unscheduled inspection (inspection) is carried out to control the elimination of identified violations of the requirements that are the basis for the application of an operational response measure.
The act of supervision is terminated if the territorial body of the authorized body in the field of civil protection confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the act on the results of an unscheduled inspection (inspection) in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.
11. In case of non-elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring those who committed violations to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.
12. Before the expiration of the time limits stipulated by the regulation on the elimination of violations of the legislation of the Republic of Kazakhstan on inland waterway transport, the subject of control and supervision is obliged to provide information on the elimination of identified violations of requirements with the attachment of materials (if necessary) proving the fact of elimination of violations.
If the information provided for in the first part of this paragraph is provided, an unscheduled inspection (inspection) is carried out in accordance with the second part of paragraph 10 of this article.
13. In case of disagreement with the results of state control, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the act of supervision as invalid and its cancellation.
A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Filing a complaint does not suspend the execution of the act of supervision.
14. The grounds for invalidating the act of supervision and its cancellation are:
1) the lack of grounds for the application of rapid response measures;
2) the application of a rapid response measure on grounds that do not correspond to this measure;
3) the application by the territorial body of the authorized body in the field of civil protection of rapid response measures on issues outside its competence.
15. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.
This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..
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