ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 5, 2016 No. 128

About approval of criteria for evaluation of risk degree and checking leaf behind compliance with law of the Republic of Kazakhstan about commodity exchanges

According to Items 5 and 6 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:

1. Approve enclosed:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about commodity exchanges according to appendix 1 to this order;

2) checking leaf behind compliance with law of the Republic of Kazakhstan about commodity exchanges according to appendix 2 to this order;

3) checking leaf behind compliance with law of the Republic of Kazakhstan about commodity exchanges according to appendix 3 to this order.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 471 "About approval of criteria for evaluation of risk degree and checking leaf behind compliance with law of the Republic of Kazakhstan about commodity exchanges" (registered in the Register of state registration of regulatory legal acts for No. 11807, published in information system of law of Ad_let on September 11, 2015).

3. To provide to department of regulation of trading activity of the Ministry of national economy of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data about execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 5, 2016 No. 128

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about commodity exchanges

Chapter 1. General provisions

1. These criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about commodity exchanges (further – Criteria) are developed according to Items 5 and 6 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About commodity exchanges", the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371) and Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts at No. 28577).

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

2-1) considerable violations – violations by commodity exchanges, exchange brokers and clearing centers of commodity exchanges of requirements imposed to activities of subjects (objects) of control established by these Criteria which will lead to distribution of trade secret and will entail violation of natural pricing and destabilization of the goods market;

2-2) gross violations – violations by commodity exchanges, exchange brokers and clearing centers of commodity exchanges of requirements imposed to activities of subjects (objects) of control established by these Criteria which involve distribution of trade secret, intervention in natural pricing and destabilization of the goods market, and also violation of the rights and legitimate interests of physical persons and legal entities, the states;

3) risk – probability of damnification as a result of activities of the subject of control to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

4) system of assessment and risk management – process of acceptance of the management decisions directed to decrease in probability of approach of adverse factors by distribution of subjects of control on risk degrees for the subsequent implementation of preventive control with visit of the subject of control and (or) checks on compliance to qualification requirements for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time admissible risk level in the corresponding fields of activity, and also directed to change of risk level for the specific subject of control and (or) release of such subject of control from preventive control with visit of the subject of control;

5) objective criteria for evaluation of risk degree (further – objective criteria) – the criteria for evaluation of risk degree used for selection of subjects of control depending on risk degree in certain field of activity and which are not depending directly on the certain subject of control;

6) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects of control to different risk degrees;

7) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of subjects of control depending on results of activities of the specific subject of control;

8) the checking sheet – the list of requirements imposed to activities of subjects of control which non-compliance involves threat to legitimate interests of physical persons and legal entities, the states;

9) sample (selection) – the list of the estimated subjects carried to homogeneous group of subjects of control in the specific sphere of the state control according to Item 2 of article 143 of the Code.

Chapter 2. Methods of carrying out preventive control with visit of subjects of control and checks on compliance to qualification requirements

3. Risk management when implementing preventive control with visit of the subject of control are created by means of determination of objective and subjective criteria which are performed step by step (the Multicriteria analysis of decisions).

At the first stage by objective criteria subjects of control are distributed to high risk.

For fields of activity of the subjects of control carried to high risk preventive control without visit of the subject of control and unscheduled inspection is performed on compliance to qualification requirements, preventive control with visit of the subject of control.

At the second stage by subjective criteria subjects of control of commodity exchange treat the following risk degree:

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