Unofficial translation
Footnote. Abolished by the order of the Acting Minister of National Economy of the Republic of Kazakhstan dated November 28, 2022 No. 91 (introduced from 01.01.2023).In accordance with Article 141, paragraph 3 and Article 143, paragraph 1of the Business Code of the Republic of Kazakhstan, I hereby ORDER:
Footnote. The Preamble - in the wording of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. To approve:
1) criteria for assessing the degree of risk in the field of support and protection of private business entities in accordance with Appendix 1 to this order;
2) checklist in the field of support and protection of business entities on observance by entities subject to control of the procedure of the state control and supervision in the fields of activity of private business entities according to Appendix 2 to this order;
3) checklist in the field of support and protection of business entities on observance by entities subject to control of the procedure for issue of permissions of the first and second categories, acceptance of the notification on implementation of entrepreneurial activity in accordance with Appendix 3 to this order;
4) checklist in the field of support and protection of business entities on observance by entities subject to control of the procedure of the state support in accordance with Appendix 4 to this order.
2. Order No. 191 of the Minister of National Economy of the Republic of Kazakhstan dated April 28, 2016 "On Approval of Criteria for Assessing the Degree of Risk and Checklists in the Field of Support and Protection of Private Business Entities” (registered in the Register of State Registration of Regulatory Legal Acts under No 13742, published on 2016 in Adilet legal information system) shall be deemed to have lost force.
3. The Department of Entrepreneurship Development of the Ministry of National Economy of the Republic of Kazakhstan shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, send its copies in Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management Republican Center of Legal Information for official publication and inclusion into the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) place a copy of this order on the official Internet resource of the Ministry of National Economy of the Republic of Kazakhstan;
4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit the data on execution of the actions provided for in subparagraphs 1), 2) and 3) of this paragraph to the Legal Department of the Ministry of National Economy of the Republic of Kazakhstan.
4. Control over the execution of this joint order shall be entrusted to the Supervising Vice-Minister of National Economy of the Republic of Kazakhstan.
5. This order shall enter into force upon the expiry of ten calendar days after the day of its first official publication.
|
Minister of National Economy of the Republic of Kazakhstan |
T. Suleimenov |
"AGREED"
Committee on Legal Statistics
and Special Accounts of
the General Prosecutor’s Office
of the Republic of Kazakhstan
| Appendix 1 to order No. 49 of the Minister of National Economy of the Republic of Kazakhstan dated October 31, 2018 |
Criteria for assessing the degree of risk in the field of support and protection of private business entities
Chapter 1. General Provisions
Footnote. Heading of Chapter 1 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. These criteria for assessing the degree of risk in the field of support and protection of private enterprises (hereinafter referred to as the Criteria) shall have been developed in accordance with Article 141, paragraph 3 and Article 143, paragraph 1 of the Business Code of the Republic of Kazakhstan (hereinafter referred to as the Code), as well as the Rules for the formation by state bodies of a risk assessment system and the form of check lists approved by order of the Deputy Minister of National Economy of the Republic of Kazakhstan dated July 31, 2018 No. 3 (registered in the Register of State Registration of Regulatory Legal Certificates No. 17371), in order to conduct verifications and preventive control with a visit to the subjects of control.
Preventive control with a visit to the subjects of control in the field of support and protection of private business entities shall be aimed at eliminating the causes and conditions for committing offenses in the implementation of state control and supervision in the fields of activity of private business entities, issuing permits of the first and second categories, as well as in the provision of state support to private business entities.
Footnote. Paragraph 1 - in the wording of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. The following concepts shall be used in the criteria:
1) risk - the probability of causing harm as a result of the activity of the entity subject to control and supervision to human life or health, environment, legitimate interests of individuals and legal entities, property interests of the state, taking into account the severity of its consequences;
2) risk assessment system - a set of measures taken to assign preventive control with a visit to the entities subject to control;
3) objective criteria for assessing the degree of risk (hereinafter referred to as objective criteria) are the criteria for assessing the degree of risk used to select entities subject to control depending on the degree of risk in a particular field of activity and not directly dependent on a separate entity subject to control;
4) subjective criteria for assessing the degree of risk (hereinafter referred to as the - subjective criteria) –the criteria for assessing the degree of risk used to select entities subject to control depending on the performance results of a particular entity subject to control;
5) entities subject to control - state bodies and their territorial subdivisions (in their existence), carrying out state control and supervision in the fields of activity of private business entities , licensing or issuance of other authorization documents, accepting notifications on implementation of entrepreneurial activity or other actions, as well as state bodies and their territorial divisions (in their existence) and legal entities, including their branches and representative offices providing state support to private business entities;
6) gross violations - violations of the requirements established by regulatory legal acts in the field of support and protection of private business entities, entailing administrative responsibility and associated with the largest number of inspections and preventive control and supervision with a visit to the subject (object) of control and supervision in the areas of activity of private business entities, the largest number of refusals to issue permits of the first and second categories, as well as those associated with the largest number of refusals to provide state support in relation to the number of approved applications for state support;
7) significant violations - violations of the requirements established by regulatory legal acts in the field of support and protection of private business entities, which do not entail administrative responsibility and are not related to gross and minor violations;
8) minor violations - violations of the requirements established by regulatory legal acts in the field of support and protection of private business entities, which do not entail administrative responsibility and occurrence of significant adverse consequences for private business entities;
9) checklist - a list of requirements, including the requirements for the activities of entities subject to control, non-observance of which entails a threat to human life and health, environment, legitimate interests of individuals and legal entities, the state.
Footnote. Paragraph 2 as amended by order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).3. The determination of the degree of risk in the field of support and protection of private business entities shall depend on the probability of violation of the rights and legitimate interests of private business entities.
4. In the assessment of all possible risks, the entities subject to control shall be distributed according to two degrees of risk (high and not classified as high).
5. Distribution of the entities subject to control by degrees of risk shall be based on objective and subjective criteria.
Chapter 2. Methods of conducting preventive control and supervision with a
visit to the entity subject tocontrol
6. Criteria for assessing the degree of risk for preventive control and supervision with a visit to the entity subject to control shall be formed by means of objective and subjective criteria.
Paragraph 1. Objective criteria
7. Taking into account the specifics of preventive control with a visit to the subjects of control in the field of support and protection of private business entities, the selection of subjects of control shall be made in two regions (oblast, city of republican significance, the capital), with the lowest growth rate in the number of operating small and medium-sized businesses in comparison with the same period of the previous year as a percentage according to the data of the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan.
At the same time, the subjects of control in regions (oblast, city of republican significance, the capital), in which preventive control was carried out with a visit to the subject of control over the past three years, shall not be subject to selection.
Footnote. Paragraph 7 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).8. By objective criteria, all subjects of control in the selected regions (regions, city of republican significance, capital) performing the following activity shall be considered to be of high risk:
1) state control and supervision in the spheres of activity of private business entities in accordance with Articles 138, 139 of the Code, in order to regulate relations in the field of state control and supervision aimed at establishing uniform principles for the implementation of control and supervisory activity, as well as protecting the rights and legitimate interests of private business entities in respect of which state control and supervision is carried out;
2) issuance of permits of the first and second category in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications" (hereinafter referred to as the Law);
3) state support to private enterprises.
Footnote. Paragraph 8 - in the wording of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).9. According to objective criteria, the subjects of control in the selected regions (oblast, city of republican significance, the capital) that receive notifications for business activities in accordance with the Law do not belong to a high degree of risk.
Footnote. Paragraph 9 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).10. After determining the risk, the entities subject to control shall be distributed into two degrees of risk (high and not classified as high).
In respect of the entities subject to control, related by objective criteria to a high degree of risk, subjective criteria shall be applied in order to carry out preventive control with a visit to the entity subject to control.
Paragraph 2. Subjective criteria
11. The specification of subjective criteria shall be carried out using the following steps:
1) formation of a database and collection of information;
2) information analysis and risk assessment.
12. Analysis and evaluation of subjective criteria will allow concentrating on preventive control with a visit to the entity subject to control in relation to the entity subject to control with the greatest potential risk.
13. For assessment of the degree of risk on subjective criteria, the following information sources shall be used:
1) results of monitoring reports and information submitted by the entity subject to control, including via automated information systems conducted by state bodies, institutions and industry organizations;
2) results of the analysis of information submitted by authorized bodies and organizations upon request;
3) results of previous inspections and preventive control with a visit to the entity subject to control, in which case the severity of violations shall be determined by non-observance of the requirements reflected in the checklists.
14. According to subjective criteria, within the selected regions (oblast, city of republican significance, the capital), subjects of control with the largest number, for the six months preceding the analysis, shall be classified as high risk:
1) carried out inspections and preventive control and supervision with a visit to the subject (object) of control and supervision in the spheres of activity of private business entities;
2) refusals to issue permits of the first and second categories;
3) refusals of state support, in relation to the number of approved applications for state support.
Footnote. Paragraph 14 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).15. With respect to the entities subject to control who are classified as high-risk, preventive control shall be carried out with a visit to the entity subject to control.
16. When selecting subjects of control in the analyzed period, the areas of control and supervision, permits of the first and second categories, previously taken into account and used in the previous analyzed period, shall not be taken into account.
Footnote. Paragraph 16 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).17. In the existence of territorial divisions of a state body or branches and representative offices of a legal entity, measures on subjective criteria of the risk degree assessment system shall be applied to territorial divisions, branches and representative offices of legal entities of each entity subject to control.
18. Violations in the field of support and protection of private business entities shall be subdivided into three degrees: gross, major and minor ones. A list of gross, major and minor violations is given in the Appendix to the Criteria.
19. Based on the priority of the sources of information used in accordance with paragraph 24 of the Criteria, an overall risk indicator shall be calculated according to subjective criteria on a scale from 0 to 100.
On the risk indicator, the entity subject to control shall be related to:
1) a high degree of risk - with an indicator of the degree of risk from 61 to 100 inclusive, and preventive control shall be carried out in relation to it with a visit to the entity subject to control;
2) not related to a high degree of risk - with an indicator of the degree of risk from 0 to 60 inclusive, and preventive control shall not be carried out in relation to it with a visit to the entity subject to control.
20. The frequency of conducting preventive control with a visit to the entity subject to control shall be determined by the results of analysis and evaluation of the information received on the subjective criteria and it shall not be conducted more than once a year.
21. Preventive control with a visit to the entity subject to control shall be conducted on the basis of semi-annual lists of preventive control with a visit to the entity subject to control, formed in accordance with paragraph 3 of Article 141 of the Code.
22. Preventive control lists with a visit to an entity subject to control shall be compiled taking into account the priority of entities subject to control with the highest risk degree indicator by subjective criteria.
Chapter 3. Calculation of the general degree of risk by subjective criteria
23. Upon the analysis of all possible risks, the entities subject to control shall be classified into two degrees of risk (high and not classified as high).
To assign the entity subject to control to the degree of risk, the following procedure for calculating the risk degree indicator shall be applied.
In the event that one gross violation is identified, the degree of risk 100 shall be assigned to the entity subject to control and preventive control shall be carried out in relation to it with a visit to the entity subject to control.
In the event that no gross violations have been identified, then to determine the risk degree indicator, the total indicator for violations of a major and minor degree shall be calculated.
When determining the indicator of major violations, a coefficient of 0.7 shall be applied and this indicator shall be calculated using the following formula:
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Where:
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When determining the indicator of minor violations, a coefficient of 0.3 shall be applied and this indicator shall be calculated using the following formula:
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Where:
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The general risk degree indicator
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Where:
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Chapter 4. The procedure for conducting and processing the results of inspections and
preventive control with a visit to the entity subject to control
24. When carrying out preventive control with a visit to the subject of control, the requirements of checklists in the field of compliance by the subjects of control of the order shall be subject to inspection:
1) implementation of state control and supervision in the areas of activity of private business entities in accordance with Articles 138, 139 of the Code;
2) issuance of permits of the first and second categories in accordance with the Law;
3) carrying out of state support for private business entities.
Footnote. Paragraph 24 is in the wording of order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).25. Checklists shall be compiled for homogeneous groups of entities subject to control and shall include requirements in accordance with paragraph 2 of Article 132 of the Code.
26. Based on the results of preventive control with a visit to the subject of control, a comprehensive analysis shall be carried out to identify the reasons for the smallest increase in the number of operating small and medium-sized businesses in the selected regions (oblast, city of republican significance, the capital), including:
1) unnecessary requirements for business entities;
2) facts of systemic violations;
3) contradictions and collisions in the current regulatory legal acts regulating business activity;
4) unfavorable conditions for development of business activity, stimulation of business activity initiative.
Taking into account the above analysis, recommendations shall be developed for improving legislation in the implementation of state control in the areas of activity of business entities, issuing permits of the first and second categories, as well as when providing state support to private business entities to ensure the effectiveness of state regulation of business activity.
Footnote. Paragraph 26 as amended by order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).| Annex to evaluation Criteria degree of risk in the field of protection and supporting subjects private enterprise |
Subjective criteria in the field of support and protection of private enterprises
Footnote. Subjective criteria - in the wording of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
| Annex 2 to the order of the Minister of the National Economy of the Republic of Kazakhstan dated October 31, 2018 № 49 |
Check list in the field of support and protection of business entities on compliance by subjects with the procedure for exercising state control and supervision in the fields of activity of private business entities
Footnote. The checklist is in the revision of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 shall enter into force upon expiry of ten calendar days after the day of its first official publication).
with respect to: state bodies and their territorial subdivisions (if any) ______________________________________________________________
(name of homogeneous group of control and supervision subjects)
The state body that appointed the verification: ________________________________
Certificate on the appointment of verification/preventive control and supervision with a visit to the subject (object) of control and supervision
_______________________________________________
(date №)
Name of the subject of control ____________________________________________
(Individual identification number), business identification number of the subject of control _______________________________________________________________
Address of the location of the _____________________________________________
Officer (s) ___________________________________________________
(position) (signature) (last name, first name, patronymic (if any)
Head of the subject of control and supervision ____________________________________
(Surname, first name, patronymic (if any)
| Annex 3 to the order of the Minister of the National Economy of the Republic of Kazakhstan dated October 31, 2018 № 49 |
Check list in the field of support and protection of business entities for compliance by subjects with the procedure for issuing permits of the first and second categories, receiving a notification for entrepreneurial activity
Footnote. The checklist - in the revision of the order of the Minister of National Economy of the Republic of Kazakhstan dated 30.06.2021 № 67 shall enter into force upon expiry of ten calendar days after the day of its first official publication).
with respect to: state bodies and their territorial subdivisions (if any) _______________________________________________________________________
(name of homogeneous group of control and supervision subjects)
The state body that appointed the verification _______________________________
Certificate on the appointment of verification/preventive control and supervision with a visit to the subject (object) of control and supervision ______________________________________________
(date №)
Name of the subject of control ____________________________________________
(Individual identification number), business identification number of the subject of control _______________________________________________________________
Address of the location____________________________________________________
Authority___________________________________________________
(position) (signature) (last name, first name, patronymic (if any)
Head of the subject of control and supervision ____________________________________
(Surname, first name, patronymic (if any)
| Appendix 4 to Order of the Minister of National Economy of the Republic of Kazakhstan dated October 31, 2018 No. 49 |
Footnote. Appendix 4 is in the wording of Order of the Minister of National Economy of the Republic of Kazakhstan dated 22.05.2020 No. 41 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
A checklist in the field of support and protection of business entities for compliance with the procedure for state support by the subjects of control
in relation to: state authorities and their territorial divisions
(if any) and legal entities, including their branches and representative offices
_________________________________________________________________________
(name of a homogeneous group of subjects of control and supervision)
Authority that ordered the inspection: ___________________________________________
Act on appointment of inspection/ preventive control and supervision with a visit to the subject (object) of control and supervision ____________________________________________________
(No., date)
Name of the subject of control: _________________________________________________
(Individual identification number), business identification number of the subject of control:__________________________________________________________________________
Address:___________________________________________________________________
| No. | List of requirements | Required | Not required | Meet the requirements | Not meet the requirements |
|---|---|---|---|---|---|
1 | Timely consideration of applications of private business entities for state support | ||||
2 | Timely and proper implementation of state support for private business entities | ||||
3 | Timely and well-grounded decision-making on provision or refusal to provide measures of state support to private business entities |
Official (Officials)___________________________________________________
(position) (signature) (surname, name, patronymic (if any)
Head of the subject of control and supervision _____________________________
(surname, name, patronymic (if any)
