Article 19-2. Procedure for conduct of state control On Mobilization Training and Mobilization

Home / Laws / Article 19-2. Procedure for conduct of state control On Mobilization Training and Mobilization

1. State control is conducted by the authorized body in the field of mobilization preparation in the form of periodic and unscheduled inspections.

2. Periodic inspection is carried out no more than once every three years in accordance with the inspection schedule approved by the authorized body in the field of mobilization training.

The authorized body in the field of mobilization preparation develops and no later than December 1 of the year preceding the year of the inspection, approves the schedule for the inspections.

The inspection schedule includes:

1) registration number and date of approval of the inspection schedule;

2) the name of the authorized body in the field of mobilization preparation;

3) the name of the subjects (objects) of control, their location;

4) subject of control;

5) timing of inspections;

6) the signature of the person authorized to sign the schedule of inspections, and the seal of the authorized body in the field of mobilization preparation.

The inspection schedule is a notification of a periodic inspection.

The schedule of inspections is sent by the authorized body in the field of mobilization preparation before February 1 of the corresponding year to the subjects of control in the manner prescribed by the legislation of the Republic of Kazakhstan on state secrets.

Amendments and additions to the schedule of inspections are made in cases of bankruptcy, liquidation, reorganization and changes in the work profile of the subject of control.

The subjects of control must be notified of changes and additions to the schedule of inspections at least ten working days before the day of the periodic inspection.

3. An unscheduled inspection is an inspection appointed by the authorized body in the field of mobilization training:

1) if there is information (results of military-economic exercises, assessment of mobilization readiness) on specific facts and circumstances indicating non-fulfillment and (or) improper fulfillment by the subjects of control of obligations to carry out measures for mobilization preparation and mobilization;

2) in order to control the execution of the order to eliminate the identified violations.

4. Officials of the authorized body in the field of mobilization preparation during the inspection have the right to:

1) unhindered access to the territory and premises of the subject (object) of control in accordance with the subject of control upon presentation of the documents specified in paragraph 8 of this article;

2) receive documents (information) on paper and electronic media or their copies for attaching to the act on the results of the inspection and the order to eliminate the identified violations, as well as access to the mobilization capacities and material assets of the mobilization reserve, automated databases (information systems) in accordance with the subject of control;

3) involve specialists, consultants and experts of state bodies, subordinate and other organizations.

5. Subjects of control or their authorized representatives during the inspection shall have the right to:

1) not to allow the officials of the authorized body in the field of mobilization preparation, who arrived to conduct the inspection, in the following cases:

exceeding or expiration of the deadlines specified in the act on appointment of the inspection, which do not correspond to the deadlines established by this Law;

lack of documents provided for in paragraph 8 of this article;

prolongation of terms of inspection over the term established by this Law;

2) appeal against the act on the results of the inspection, the order to eliminate the identified violations in the manner prescribed by the legislation of the Republic of Kazakhstan.

6. The subjects of control or their authorized representatives during the inspection are obliged to:

1) ensure unhindered access of officials of the authorized body in the field of mobilization preparation to the territory and premises of the subject (object) of control;

2) in compliance with the requirements provided for by the legislation of the Republic of Kazakhstan on state secrets and other secrets protected by law, submit to officials of the authorized body in the field of mobilization preparation the documents (information) on paper and electronic media or their copies for attachment to the act on the results of the inspection and the order on elimination of identified violations, as well as access to mobilization capacities and material assets of the mobilization reserve, automated databases (information systems) in accordance with the subject of control;

3) make a note on the receipt on the second copy of the act on the results of the inspection and the order to eliminate the identified violations on the day the inspection was completed;

4) prevent changes and additions to the documents (information) being checked during the period of the inspection;

5) ensure the safety of persons who arrived for the inspection from harmful and dangerous production factors in accordance with the standards established for this facility.

7. Inspection is carried out onthe basis of the act on the appointment of the inspection.

The act on the appointment of the inspection is drawn up in two copies.

The act on the appointment of the inspection shall indicate:

1) the date and number of registration in the register of acts on the appointment of inspections;

2) the name of the authorized body in the field of mobilization training;

3) last names, first names, patronymics (if they are indicated in the identity document) and positions of persons authorized to conduct an inspection;

4) information about specialists, consultants and experts of state bodies, subordinate and other organizations involved in the inspection;

5) name of the subject of control, its location, identification number, list of objects of control.

In the event of an inspection of a branch and (or) representative office of a legal entity, the act on the appointment of an inspection shall indicate its name and location;

6) subject of control;

7) the term for the inspection;

8) the grounds for the inspection;

9) the signature of the person authorized to sign the acts, and the seal of the authorized body in the field of mobilization training.

The act on the appointment of an inspection is registered in the register of acts on the appointment of inspections.

The procedure for maintaining and the form of the register of acts on the appointment of inspections are approved by the authorized body in the field of mobilization training.

The act on the appointment of an inspection is sent by the authorized body in the field of mobilization preparation to the subjects of control in the manner prescribed by the legislation of the Republic of Kazakhstan on state secrets:

periodic inspection - at least seven working days before its beginning;

unscheduled inspection - at least one day before its start.

8. During the inspection, officials of the authorized body in the field of mobilization preparation are obliged to present to the subject of control:

1) a certificate of access to work with information constituting state secrets;

2) identification card.

9. The term for the inspection is established taking into account the subject of the inspection, as well as the amount of work to be done, and should not exceed seven working days.

The term for the inspection may be extended only once by no more than fifteen working days. The extension is carried out by the decision of the head of the authorized body in the field of mobilization training.

The extension of the inspection period is documented by an additional act on the extension of the inspection period with notification of the subject of control, which indicates the number and date of registration of the previous act on the appointment of the inspection and the reasons for the extension.

An additional act on the extension of the inspection period is recorded in the register of acts on the appointment of inspections.

The notification of the extension of the inspection period is handed over to the subject of control by the authorized body in the field of mobilization preparation one working day before the extension with a notification of delivery in the manner prescribed by the legislation of the Republic of Kazakhstan on state secrets.

10. Based on the results of the inspection, the official of the authorized body in the field of mobilization training, who carries out the inspection, shall draw up in two copies:

1) an act on the results of the inspection;

2) an order to eliminate the identified violations in cases of their revelation.

11. The act on the results of the inspection shall indicate:

1) date, time and place of drawing up the act;

2) the name of the authorized body in the field of mobilization training;

3) the number and date of the act on appointment of the inspection, on the basis of which the inspection was carried out;

4) last names, first names, patronymics (if they are indicated in the identity document) and positions of the persons who conducted the inspection;

5) information about specialists, consultants and experts of state bodies, subordinate and other organizations involved in the inspection;

6) name of the subject of control, its location, identification number, list of objects of control;

7) the period of the inspection;

8) information about the results of the inspection, including the violations found and their nature;

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

10) the signature of the officials who carried out the inspection.

Documents related to the results of the inspection, or copies thereof, shall be attached to the act on the results of the inspection, if available.

12. In case of detection of violations of the legislation of the Republic of Kazakhstan in the field of mobilization preparation and mobilization during inspections, an order is drawn up to eliminate the identified violations, which indicates:

1) the date, time and place of drawing up the order to eliminate the identified violations;

2) last names, first names, patronymics (if they are indicated in the identity document) and positions of the persons who conducted the inspection;

3) name of the subject of control, its location, identification number, list of objects of control;

4) number and date of the act on the results of the inspection;

5) detected violations and the requirement to eliminate them;

6) the deadlines for execution of the order to eliminate the identified violations;

7) the procedure for appealing against an order toeliminate identified violations.

The order to eliminate the identified violations is mandatory for execution by the subjects of control.

13. One copy of the act on the results of the inspection with an order to eliminate the identified violations (if any), copies of applications, with the exception of copies of documents available in the original from the subject of control, is handed over to the subject of control in the manner established by the legislation of the Republic of Kazakhstan on state secrets, for familiarization and taking measures to eliminate the identified violations.

If there are comments and (or) objections based on the results of the inspection, the subject of control shall state them in writing. Comments and (or) objections are attached to the act on the results of the inspection, about which an appropriate note is made. The authorized body in the field of mobilization preparation must consider the comments and (or) objections of the subject of control to the act on the results of the inspection and the order to eliminate the identified violations and within thirty working days give a reasoned response.

In case of refusal to accept an act on the results of the inspection and an order to eliminate the identified violations, a protocol is drawn up, which is signed by the officials carrying out the inspection and the head of the subject of control or his authorized representative.

The subject of control has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.

14. The end of the inspection period is considered to be the day of delivery to the subject of control of the act on the results of the inspection no later than the deadline for the end of the inspection specified in the act on appointment of the inspection or an additional act on the extension of the inspection period.

15. The deadlines for the execution of the order to eliminate the identified violations are determined taking into account the circumstances that affect the real possibility of its execution, but not less than thirty calendar days from the date of delivery of the order to eliminate the identified violations.

When determining the deadlines for the execution of the order to eliminate the identified violations specified in the order, the following are taken into account:

1) the subject of control has organizational, technical capabilities to eliminate violations;

2) terms for obtaining in state bodies of mandatory conclusions, approvals and other documents established by the laws of the Republic of Kazakhstan;

3) timeliness, completeness of allocation or lack of receipt of budgetary funds for mobilization preparation and mobilization financed from the state budget, in the presence of supporting documents in accordance with the budgetary legislation of the Republic of Kazakhstan.

16. After the expiration of the period for eliminating the violations established in the order to eliminate the identified violations, the subject of control, within the period established in the order, is obliged to provide information on the elimination of the identified violations to the authorized body in the field of mobilization training.

In case of failure to provide information, the authorized body in the field of mobilization preparation has the right to appoint an unscheduled inspection in accordance with subparagraph 2) of paragraph 3 of this article.

17. If, as a result of the inspection, the facts of non-fulfillment and (or) improper fulfillment by the subject of control of the obligations to fulfill the measures provided for by the act on the appointment of the inspectionare revealed, with the exception of the circumstances specified in paragraph 15 of this article, an official of the authorized body in the field of mobilization preparation in accordance with the competence provided for by the legislation of the Republic of Kazakhstan, takes measures to bring the subject of control that has committed violations to liability established by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated 16 June 1997 № 127-I.

This Law regulates public relations in the field of mobilization training and mobilization in the Republic of Kazakhstan.

President

Republic of Kazakhstan

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