JOINT ORDER OF I.O. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 12, 2017 No. 448, on December 15, 2017 No. 419

About introduction of amendments to the joint order of the acting minister of national economy of the Republic of Kazakhstan of December 30, 2015 No. 835 and the Minister of Energy of the Republic of Kazakhstan of December 15, 2015 No. 721 "About approval of criteria for evaluation of risk degree and checking leaf in the field of environmental protection, reproduction and use of natural resources"

WE ORDER:

1. Bring in the joint order of the acting minister of national economy of the Republic of Kazakhstan of December 30, 2015 No. 835 and the Minister of Energy of the Republic of Kazakhstan of December 15, 2015 No. 721 "About approval of criteria for evaluation of risk degree and checking leaf in the field of environmental protection, reproduction and use of natural resources" (it is registered in the Register of state registration of regulatory legal acts No. 12779, it is published in information system of law of Ad_let of January 26, 2016) the following changes:

be reworded as follows appendices 1 and 2, according to appendices 1 and 2 to this joint order.

2. To provide to committee of ecological regulation and control of the Department of Energy of the Republic of Kazakhstan:

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

2) within ten calendar days from the date of state registration of this joint order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this joint order the direction it the copy on official publication in periodic printing editions;

4) placement of this joint order on Internet resource of the Department of Energy of the Republic of Kazakhstan;

5) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

3. To impose control of execution of this joint order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Appendix 1

to the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan on December 12, 2017 No. 448, on December 15, 2017 No. 419

Appendix 1

to the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of December 15, 2015 No. 721, on December 30, 2015 No. 835

Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources (further - Criteria) are created according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and the Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of the risk assessment approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 722 (registered in the Register of state registration of regulatory legal acts for No. 12389) (further - the Technique), for reference of subjects (objects) of check in the field of environmental protection, reproduction and use of natural resources to risk degrees.

2. In Criteria the following concepts are used:

1) insignificant violation - violations of the requirements established by regulatory legal acts in the field of environmental protection which non-compliance is not created by premises for emergence of threat of life and to health of the population, the environment, but accomplishment of which is obligatory for users of nature when implementing the activities; and also the violations connected with availability of one confirmed claim or address; availability by results of audit of the facts allowing authorized body to recommend in the field of environmental protection to the audited subject to make changes to the program of production environmental control;

2) considerable violation - the violations established by regulatory legal acts in the field of environmental protection, creating premises for emergence of threat of life and to health of the population, the environment; and also the violations connected with accounting in the field of environmental protection; lack of compulsory ecological insurance; provision of the doubtful reporting, non-presentation of the established reporting; availability of two confirmed claims and addresses on the under control subject; availability by results of audit of the facts allowing modification of permission conditions on issues;

3) risk in the field of environmental protection, reproduction and use of natural resources - probability of damnification as a result of activities of the checked subject of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

4) gross violation - the violations established by regulatory legal acts in the field of environmental protection, connected with non-compliance with the prohibiting legislation regulation (it is forbidden, it is not allowed, it is not allowed); and also, availability by results of audit of the facts leading to suspension of operations of the audited subject; and also availability of three and more confirmed claims and addresses; dumping and emission of pollutants, and also the placement of production wastes and consumption over the set limits established by results of other forms of control, high and extremely high pollution of atmospheric air, surface, underground water and soil cover, numerous violations of the nature protection legislation (two times for last year);

5) system of risk assessment - the complex of actions held by control facility and supervision for the purpose of purpose of checks;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on risk degree in certain field of activity and which are not depending directly on the separate checked subject (object);

7) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on results of activities of the specific checked subject (object).

3. Frequency rate of carrying out selective check is determined by results of the carried-out analysis and assessment of the received data on subjective criteria and cannot be more often than once a year.

4. Selective checks are carried out based on lists of the selective checks created for half-year by results of the carried-out analysis and the estimates approved by the first head of regulatory state agency. Lists of selective checks go to authorized body on legal statistics and special accounting not later than fifteen calendar days prior to the beginning of the corresponding accounting period in time.

5. Lists of selective checks are constituted taking into account:

1) priority of the checked subjects (objects) with the greatest exponent of risk by subjective criteria;

2) loads of the officials of state body performing checks.

Chapter 2. Methods for carrying out selective checks

6. Criteria for evaluation of risk degree for selective checks in the field of environmental protection, reproduction and use of natural resources are created by means of objective and subjective criteria.

Paragraph 1. Objective criteria

7. First of all reference of users of nature to the checked subjects (objects) on degrees of risks is performed on the basis of objective criteria for evaluation of risk degree. After risk identification the checked subjects (objects) are distributed on two risk degrees (high and not carried to high).

Treat objective criteria of high degree of risk assessment:

1) subjects (objects) 1, 2 categories of economic activity, according to article 40 of the Ecological code of the Republic of Kazakhstan;

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