Article 7-9. The rights and obligations of the subject (object) of control and supervision or its authorized person in the implementation of state control and supervision of the Law on the Use of Atomic Energy

     1. Subjects (objects) of control and supervision or their authorized persons, when exercising state control and supervision, have the right:

     1) to prevent the inspection of officials of the control and supervision body who arrived to conduct the inspection, in the following cases::

     failure to comply with the frequency of verification;

     exceeding or expiration of the terms of the inspection specified in the act on the appointment of the inspection (additional acts on the extension, suspension, if any);

     the appointment of an inspection for a period exceeding the time period specified in the application or notification of committed or impending criminal offenses, other complaints about violations of the rights and legitimate interests of individuals and legal entities, the state;

     instructions for conducting an inspection and/or investigation to officials who do not have the appropriate authority to do so;

     instructions in one act on the appointment of an inspection of several subjects (objects) of control and supervision;

     extending the verification period beyond the period established by this Law;

     gross violations of the requirements established by this Law;

     non-disclosure by officials of the control and supervision body of the documents specified in paragraph 1 of Article 7-7 of this Law;

     2) not to submit documents and information if they do not relate to the subject of the inspection, as well as to the period specified in the act on the appointment of the inspection, except in cases of detection of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of the use of atomic energy and (or) the field of radioactive waste management, which entail a decrease in the level of nuclear, radiation and nuclear physical security;

     3) appeal the act on the appointment of an inspection, the act on the results of the inspection, the order to eliminate the identified violations, as well as the actions (inaction) of officials of the control and supervision body in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     4) not to comply with prohibitions of the control and supervision body or officials that are not based on the law, restricting the activities of subjects (objects) of control and supervision;

     5) record the process of state control and supervision, as well as individual actions of officials of the control and supervision body carried out by them within the framework of state control and supervision, using audio, photo and video recordings, without creating obstacles to the activities of officials of the control and supervision body;

     6) involve third parties to participate in state control and supervision in order to represent their interests and rights, as well as to carry out actions by third parties provided for in subparagraph 5) of this paragraph.

     2. Subjects (objects) of control and supervision or their authorized persons, when conducting state control and supervision, must:

     1) to ensure unhindered access of officials of the control and supervision body to the territory and premises of the subject (object) of control and supervision;

     2) to provide officials of the control and supervision body with the necessary conditions for the exercise of their powers, including the provision of office space (workplace), communication facilities and access to the facility's digital systems;

     3) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials of the control and supervision body with copies of documents (information) on paper and electronic media, as well as provide access to automated databases (digital systems) in accordance with the subject of state control and supervision;

     4) make a note of receipt on the second copy of the inspection appointment act;

     5) make a note of receipt on the second copy of the act on the results of the audit on the day of the end of state control and supervision;

     6) make a note of receipt on the second copy of the instruction on elimination of the revealed violations;

     7) to prevent amendments and additions to the documents being checked during the period of state control and supervision, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

     8) to ensure the safety of persons who have arrived to carry out state control and supervision at the object of control and supervision from harmful and dangerous industrial factors in accordance with the standards established for this object.;

     9) ensure the presence of the head of the subject (object) of control and supervision or his authorized person at the location of the object of control and supervision at the appointed time of inspection in case of receipt of the act on her appointment.

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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