Article 7-7. The procedure for carrying out inspections of the Law on the Use of Atomic Energy

Home / Laws / Article 7-7. The procedure for carrying out inspections of the Law on the Use of Atomic Energy

1. Officials of the control and supervision body who have arrived for inspection are required to present to the subject (object) of control and supervision:

1) an act on the appointment of an inspection;

2) official identification card or identification card.

2. The act on the appointment of the inspection shall specify:

1) the date of the act and the number;

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 the persons authorized to carry out the inspection;

4) information about specialists, consultants and experts, as well as officials of subordinate organizations involved in the audit (if necessary);

5) the name of the subject (object) of control and supervision, its location, identification number, list of objects;

6) type of verification;

7) the subject of verification;

8) the deadline for the audit;

9) the grounds for conducting the audit;

10) the period under review;

11) the rights and obligations of the subject (object) of control and supervision;

12) signature of the official authorized to sign the act;

13) the signature of the head of the subject (object) of control and supervision or his authorized person on receipt or refusal to receive the act.

3. The date of handing over to the subject (object) of control and supervision or its authorized person of the act on the appointment of an inspection is considered to be the beginning of the inspection.

An inspection appointment certificate 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) to subscriber cellular communication devices, including those registered on the "digital government" web portal, instant messaging services, and e-mail – from the date of sending by the control and supervision body to the address of the subject (object) of control and supervision used for official interaction.

The inspection appointment act is recorded in the inspection registration log of the control and supervision body that appointed the inspection.

4. In case of refusal to accept the act on the appointment of an inspection, 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.

Refusal to receive an inspection appointment certificate is not a reason for its non-fulfillment and cancellation of the inspection.

5. In cases of refusal to adopt an act on the appointment of an inspection, as well as obstruction of access by officials of the control and supervision body to the subject (object) of the inspection, materials, and equipment necessary for conducting the inspection, a protocol on an administrative offense is drawn up in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.

6. An inspection may be conducted only by the official(s) indicated (indicated) in the act on the appointment of the inspection.

At the same time, the composition of the officials conducting the audit may be changed by decision of the control and supervision body, about which the subject (object) of control and supervision is notified before the start of participation in the audit of persons not specified in the act on the appointment of the audit, indicating the reason for the replacement.

7. The terms of the inspection are set taking into account the scope of the work to be done, as well as the subject of the inspection, and should not exceed:

1) when conducting scheduled inspections for subjects (objects) of control and supervision classified as high risk – twenty working days, for subjects (objects) of control and supervision classified as medium and low risk – fifteen working days;

2) for unscheduled inspections – fifteen working days.

8. The term of the audit may be extended if it is necessary to conduct special studies, tests, examinations, as well as due to the significant amount of work only once by the head of the control and supervision body (or a person acting in his place) for no more than thirty working days.

The extension of the inspection period is formalized by an additional act on the extension of the inspection period with the delivery of a notification to the subject (object) of control and supervision before the end of the inspection period, which indicates the date and registration number of the previous act on the appointment of the inspection and the reason for the extension.

9. The audit may be suspended only once by the head of the control and supervision body (or by a person acting in his place).:

1) in the case of special studies, tests and examinations with a period exceeding thirty working days (until the conclusion is received);

2) if it is necessary to obtain information and documents from third parties for a period exceeding thirty working days (before they are received);

3) in case of force majeure circumstances preventing the inspection;

4) in case of failure to establish the location of the entity in respect of which the audit is being conducted.

The suspension of an inspection is formalized by an act on the suspension of an inspection with the delivery of a notification to the subject (object) of control and supervision before the end of the inspection period, which indicates the date and registration number of the previous act on the appointment of an inspection and the reason for the suspension.

After the termination of the grounds for suspending the inspection provided for in part one of this paragraph, the inspection is resumed from the date of its suspension.

The resumption of the inspection is formalized by an act on the resumption of the inspection with the delivery of a notification to the subject (object) of control and supervision before the end of the period of suspension of the inspection, which indicates the date of resumption of the inspection.

The act of suspending the inspection and the act of resuming the inspection, sent by one of the following methods, are 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;

10. Based on the results of the audit, an official (officials) of the control and supervision body draws up an act on the results of the audit and, if violations are detected, an order to eliminate the identified violations.

If violations of the requirements of the legislation of the Republic of Kazakhstan in the field of the use of atomic energy and (or) in the field of radioactive waste management are detected, a protocol on an administrative offense is drawn up in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses, if there are grounds for initiating administrative proceedings.

11. The inspection results report states:

1) date 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 (additional acts on the extension of the inspection period, suspension of the inspection, if any);

4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

5) the name of the subject (object) of control and supervision, its location, or the surname, first name, patronymic (if it is indicated in the identity document) of the subject of control and supervision, the position of a representative of an individual or legal entity who was present during the inspection;

6) the verification period;

7) type of verification;

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

9) information on familiarization or refusal to familiarize with the act on the results of the inspection, as well as the persons present during the inspection, their signatures or a record of refusal to sign;

10) the signature of the official(s) who conducted the inspection.

In the absence of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of the use of atomic energy and (or) in the field of radioactive waste management, a corresponding entry is made in the act on the results of the inspection.

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

1) the date and place of the prescription;

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 the person(s) who conducted the inspection;

4) the name of the subject (object) of control and supervision, its location, or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection is scheduled, the position of the representative of the individual or legal entity who was present during the inspection (if any);

5) date, place and period of the inspection;

6) a list of identified violations in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management;

7) instructions for the elimination of identified violations and the timing of their elimination;

8) information on familiarization or refusal to familiarize with the instruction of the subject (object) of control and supervision or its authorized person, their signatures or a record of refusal to sign;

9) the signature of the official(s) who conducted the inspection.

If any, the conclusions of the studies (tests), examinations and other documents or copies thereof related to the results of the inspection (inspection report of damaged equipment, registrograms, oscillograms, records of technical controls, monitoring and fixation devices, extracts from operational logs, explanatory notes, diagrams, drawings) are attached to the instruction on the elimination of identified violations., photo, audio, and video materials, questionnaires, and other materials).

13. The forms of an act on the appointment of an inspection, an act on the results of an inspection, an act on the extension of an inspection, an act on the suspension of an inspection, an act on the resumption of an inspection, and instructions on the elimination of detected violations are approved by the authorized body.

14. An act on the results of the inspection and an order to eliminate the identified violations are drawn up in three copies.

By the control and supervisory authority, the first copies of the act on the results of the audit, instructions on the elimination of identified violations are submitted in electronic form to the state body carrying out activities in the field of legal statistics and special accounting within three working days, the second copies of the act on the results of the audit, instructions on the elimination of detected violations on paper, signed or in electronic form, are handed over to the subject (object) of control and supervision or its authorized person for familiarization and taking measures to eliminate the detected violations and other actions, the third copies remain with the control and supervision body.

An act on the results of the inspection, an order to eliminate the identified violations, sent in one of the following ways, are considered to have been duly served in the following cases::

1) on purpose – from the date of the mark in the act on the results of the inspection, the order to eliminate the identified violations, and the receipt of;

2) by mail – by registered mail with notification;

15. The end of the inspection period is considered to be the day when the inspection results report is handed over to the subject (object) of control and supervision no later than the deadline for completing the inspection specified in the inspection appointment act (additional act on extending the inspection period, if any).

16. If there are comments and (or) objections based on the results of the audit, the subject (object) of control and supervision or his authorized person, no later than five working days from the date of delivery of the act on the results of the audit, sets them out in writing, which are sent to the control and supervision body.

Comments and (or) objections are attached to the act on the results of the audit, which is marked accordingly.

17. The deadlines for the execution of an order to eliminate identified violations are determined taking into account the circumstances affecting the actual possibility of its execution, and amount to at least five working days with the attachment of an action plan to eliminate the identified violations.

When determining the time limits for the execution of an order to eliminate identified violations, the following factors are taken into account::

1) the subject (object) of control and supervision has organizational, technical and financial capabilities to eliminate violations;

2) features of the technical condition of the production facilities used;

3) the time limits for obtaining the appropriate permission from state bodies and local executive bodies or submitting a notification provided for in appendices 1, 2 and 3 to the Law of the Republic of Kazakhstan "On Permits and Notifications", as well as other mandatory opinions, approvals and other documents established by the laws of the Republic of Kazakhstan.

18. If additional time and (or) financial costs are required, the subject of control and supervision may, no later than five working days from the date of delivery of the order to eliminate the identified violations, apply to the control and supervisory authority that conducted the audit with an application for an extension of the time frame for eliminating the identified violations, accompanied by an action plan to eliminate the identified violations, which states specific deadlines for their elimination.

In the application for an extension of the time limits for the elimination of identified violations, the subject of control and supervision is obliged to set out the measures that will be taken to eliminate the identified violations, and the objective reasons for extending the time limits for their elimination.

The control and supervisory body that conducted the audit, within ten working days from the date of receipt of the application for an extension of the time limits for the elimination of the identified violations, taking into account the arguments outlined, decides to extend the time limits for the elimination of the identified violations and approve an action plan to eliminate the identified violations, indicating the specific time limits for their elimination, or to refuse to extend them with a reasoned justification.

On a monthly basis, the subject of control and supervision, by the 10th day of the month following the reporting one, provides the body of control and supervision with information on the implementation of the action plan to eliminate the identified violations for which the deadline has come.

The subject (object) of control and supervision shall attach materials proving the fact of elimination of violations to the information provided on the elimination of identified violations.

The form of the action plan for the elimination of identified violations is approved by the authorized body.

19. Upon expiration of the period for the elimination of identified violations specified in the regulation on the elimination of identified violations, the action plan for the elimination of identified violations, the subject (object) of control and supervision, within the period specified in the regulation on the elimination of identified violations and the action plan for the elimination of identified violations, is obliged to provide the control and supervision body that conducted the inspection with information on the elimination of identified violations.

20. In case of failure or incomplete provision by the subject (object) of control and supervision within the prescribed period of information on the execution of the instruction on the elimination of identified violations, the action plan for the elimination of identified violations, the control and supervision body within two working days sends to the subject (object) of control and supervision a request for the need to provide information on the execution of the instruction on the elimination of identified violations and an action plan to eliminate the identified violations.

In case of failure or incomplete provision of information on the execution of the instruction on the elimination of identified violations, the action plan for the elimination of identified violations, the control and supervision body appoints an unscheduled inspection to monitor the execution of the instruction.

21. In case of early elimination of the identified violations specified in the regulation on the elimination of the identified violations and the action plan for the elimination of the identified violations, the subject (object) of control and supervision is obliged to provide the control and supervision body that conducted the inspection with information on the elimination of the identified violations, accompanied by materials proving the elimination of violations.

22. The results of inspections may be appealed by the subject of control and supervision in accordance with the procedure established by the laws of the Republic of Kazakhstan.

Consideration by a higher state body (official) of the application of the subject (object) of control and supervision on the cancellation of the act on the results of the audit, the order to eliminate the identified violations is carried out within ten working days from the date of submission of the application.

The recognition of the audit results as invalid by a higher state body is the basis for their cancellation in part or in full.

An act on the results of an inspection, an order to eliminate identified violations that have been declared invalid in full, cannot be evidence of a violation by subjects (objects) of control and supervision of the established requirements.

23. Inspections can be carried out after hours (at night, weekends or holidays) if it is necessary to prevent violations immediately at the time of their commission and take urgent actions to consolidate evidence in cases where the need for verification requires the immediate elimination of violations that endanger the life and health of employees and the public.

The decision to conduct an after-hours inspection is made by order of the first head of the control and supervision body or a person replacing him.

The form of the order for conducting an after-hours inspection is approved by the authorized body.

24. If, as a result of the audit, it is revealed that the subject (object) of control and supervision has violated the requirements established by the legislation of the Republic of Kazakhstan in the field of atomic energy use and (or) radioactive waste management, if there is sufficient data indicating signs of an administrative offense, officials of the control and supervision body, within the limits of their authority, take measures to bring the persons who committed violations to responsibility, established by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 12, 2016 No. 442-V SAM.

This Law defines the legal basis and principles for regulating public relations in the field of the use of atomic energy in order to protect human life and health, their property, and environmental protection, and is aimed at ensuring the regime of non-proliferation of nuclear weapons, nuclear, radiation, and nuclear physical safety in the use of atomic energy.

President

Republic of Kazakhstan

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