THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of August 29, 2018 No. 213

About modification and amendments in the order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of December 8, 2016 No. 78 "About approval of Rules of the state control of quality of rendering the state services"

I ORDER:

1. Bring in the order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of December 8, 2016 No. 78 "About approval of Rules of the state control of quality of rendering the state services" (it is registered in the Register of state registration of regulatory legal acts for No. 14740, it is published on February 6, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendments:

In Rules of the state control of quality of rendering the state services approved by the specified order:

and 5 to state items 4 in the following edition:

"4. External state control behind quality of rendering the state services is exercised by the Agency of the Republic of Kazakhstan for public service and to anti-corruption (further - the Agency) and its territorial authorities in the form of preventive control, unscheduled inspection (further - check) and monitoring of compliance with law of the Republic of Kazakhstan in the field of rendering the state services by the Checked subjects.

5. When conducting check and (or) preventive control with visit of the Checked subject the Agency and its territorial authorities:

1) are requested and receive from the Checked subjects and (or) officials documents (data) relating to subject of check and (or) preventive control with visit of the Checked subject on paper and (or) electronic media or their copy for attaching to the act of results of check and (or) preventive control with visit of the Checked subject, and also access to the automated databases (information systems) according to tasks and subject of check and (or) preventive control with visit of the Checked subject;

2) are heard orally and request written explanations (in case of need by statement of specific questions) officials;

3) request information on results of internal state control;

4) use information provided by physical persons, non-profit organizations by results of public monitoring of quality of rendering the state services;

5) are brought to the Checked subjects of recommendations about improvement of quality of rendering the state services, including elimination of the revealed violations, and also accountability of perpetrators for non-execution or improper execution of requirements of the legislation of the Republic of Kazakhstan in the field of rendering the state services.";

§ 1 to state paragraph heading in the following edition:

"Paragraph § 1. Procedure for conducting check and preventive control with visit of the Checked subject of compliance with law of the Republic of Kazakhstan in the field of rendering the state services by the Checked subjects.";

state Item 6 in the following edition:

"6. Preventive control is subdivided on:

1) preventive control with visit of the Checked subject;

2) preventive control without visit of the Checked subject.";

add with Items 6-1, 6-2 and 6-3 of the following content:

"6-1. Preventive control with visit of the Checked subject is the control concerning the specific subject of control directed to prevention, submission of the recommendation for elimination of the reasons and conditions of making of offenses for the purpose of their prevention and the prevention of approach of threat to legitimate interests of physical persons and legal entities, the states.

By results of preventive control with visit of the Checked subject the instruction about elimination of violations is constituted.

The agency and (or) its territorial authority initiate proceedings on administrative offense in case of control in the field of support and protection of subjects of entrepreneurship.

6-2. In case of identification of gross violations according to criteria for evaluation of risk degree, by results of preventive control with visit of the Checked subject according to criteria for evaluation of risk degree the Agency and (or) its territorial authority appoint check.

6-3. Analysis results of preventive control without visit of the Checked subject can be the basis for selection of subjects of control for carrying out preventive control with visit of the Checked subject.";

state Item 7 in the following edition:

"7. The basis for purpose of preventive control with visit of the Checked subject is the semi-annual list of carrying out preventive control with visit of the Checked subject approved till December 10 of the year preceding year of carrying out preventive control with visit of the Checked subject and till May 10 of the current calendar year by the order of the Chairman of the Agency or person fulfilling its duties.";

add with Items 7-1 and 7-2 of the following content:

"7-1. Lists of preventive control with visit of the Checked subject are constituted on the basis of assessment of degree of the risks approved according to article 141 of the Entrepreneurial code and created on reporting analysis results, including with use of the web portal of "the electronic government" and by request in other state bodies for the purpose of determination of circle of the subjects of control connected with concrete fact and having potential risks.

7-2. Preventive control without visit of the Checked subject are performed according to article 137 of the Entrepreneurial Code and other laws of the Republic of Kazakhstan.";

state Items 8 and 9 in the following edition:

"8. The bases for conducting checks are:

1) control of execution of instructions about elimination of the revealed gross violations determined in criteria for evaluation of risk degree as a result of check and preventive control with visit of the Checked subject;

2) control of execution of instructions about elimination of the revealed considerable and insignificant violations determined in criteria for evaluation of risk degree as a result of check and preventive control with visit of the Checked subject in cases if the Checked subject more than once did not provide information on elimination of the revealed violations and (or) did not eliminate violation;

3) appeals of physical persons and legal entities (consumers) which rights are violated;

4) orders of bodies of prosecutor's office for concrete facts of violations of the law of the Republic of Kazakhstan in the field of rendering the state services;

5) appeals of state bodies on concrete facts of violations of the law of the Republic of Kazakhstan in the field of rendering the state services;

6) counter check concerning the third parties with whom the subject of control had civil relations, for the purpose of receipt of verification of information, necessary for implementation;

7) the repeated check connected with the address of the subject of control about disagreement with initial check;

8) the order of criminal prosecution authority on the bases provided by the Code of penal procedure of the Republic of Kazakhstan.

9. Check and preventive control with visit of the Checked subject of activities:

the central state bodies, their departments and the organizations subordinated to them, it is carried out by employees of the Agency;

territorial subdivisions of the central state bodies and their departments, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts and the organizations subordinated to them, are carried out by employees of territorial authorities of the Agency within competence, and also employees of the Agency at the request of management of the Agency.";

11, of 12, 13 and 14 to state Items in the following edition:

"11. According to the subitem 3) of Item 1 of article 154 of the Entrepreneurial code specialists, consultants and experts of state bodies and subordinated organizations can be involved in conducting check and preventive control with visit of the Checked subject.

12. Check and (or) preventive control with visit of the Checked subject is carried out based on the act of purpose of check and (or) preventive control with visit of the Checked subject published by management of the Agency or the heads of its territorial authorities or persons fulfilling their duties which contain data according to Items 2 and 3 of article 145 of the Entrepreneurial code.

13. Terms of conducting check and preventive control with visit of the Checked subject are established taking into account amount of the forthcoming works, and also objectives and shall not exceed:

when conducting checks - no more than ten working days and with prolongation to ten working days;

when carrying out preventive control with visit of the Checked subject - no more than fifteen working days and with prolongation to fifteen working days.

14. Terms of conducting check and preventive control with visit of the Checked subject can be prolonged only once in the terms determined by Item 13 of these rules, management of the Agency or the heads of its territorial authorities or persons fulfilling their duties.

In case of prolongation of review periods and preventive control with visit of the Checked subject the Agency and (or) its territorial authority draws up the additional act of prolongation of check and preventive control with visit of the Checked subject with registration in authorized body in the field of legal statistics and special accounting in which number and registration date of the previous act of purpose of check or preventive control with visit of the Checked subject and the prolongation reason are specified.

The notification on prolongation of review periods and preventive control with visit of the Checked subject goes to the Checked subject in one working day prior to prolongation.";

16, 17 and 18 to state Items in the following edition:

"16. When conducting check and preventive control with visit of the Checked subject, except as specified, provided by subitems 3) and 8) Item 8 of these rules, the authorized employee of the Agency and its territorial authority (further - the Checking person) the Checked subject informs on the beginning of conducting check and preventive control with visit of the Checked subject at least one day before their beginning with indication of subject of conducting check and preventive control with visit of the Checked subject.

17. The beginning of conducting check or preventive control with visit of the Checked subject date of delivery to the Checked subject or his representative of the act of purpose of check or preventive control with visit of the Checked subject, and also acquaintance of the Checked subject with checking leaf with indication of Items of the requirements which are subject to check and (or) preventive control with visit of the Checked subject is considered.

18. In refusal cases in adoption of the act of purpose of check or preventive control with visit of the Checked subject, acquaintance with checking leaf, and also hindrances to access for the Checking person exercising check or preventive control with visit of the Checked subject to the materials necessary for conducting check or preventive control with visit of the Checked subject, the protocol is constituted. The protocol is signed by the official of the Agency and (or) its territorial authority or its authorized person.

The refusal of receipt of the act of purpose of check or preventive control with visit of the Checked subject is not the basis for cancellation of check or preventive control with visit of the Checked subject.";

state Item 21 and 22 in the following edition:

"21. The notification of the Checked subject on suspension or renewal of check is made according to article 146 of the Entrepreneurial code.

22. On check completion by the Checking person the statement of results of check in triplicate is drawn up.

The agency or its territorial authority the first copy of the act of results of check electronically is given in authorized body in the field of legal statistics and special accounting and its territorial authorities, the second copy is on paper transferred under list to the Checked subject or his representative for acquaintance and taking measures to elimination of the revealed violations and other actions, third remains at control facility.

In the act of results of check data according to Item 1 of article 152 of the Entrepreneurial Code are specified.";

add with Item 22-1 of the following content:

"22-1. The instruction about elimination of the revealed violations in cases of identification of violations is attached to the act of results of check.

Under each act of results of check during which conducting violations of requirements of checking sheets were revealed only one instruction is issued.

In the instruction about elimination of the revealed violations data according to Item 2 of article 152-1 of the Entrepreneurial Code are specified.";

state Item 28 in the following edition:

"28. On the violations revealed as a result of check and (or) preventive control with visit of the Checked subject in case of need of additional time and (or) finance costs the Checked subject no later than three working days addresses to the Agency and (or) its territorial authority, with the statement for prolongation of terms of elimination of violations.

The Checked subject states measures which will be taken on elimination of violations, and the objective reasons of prolongation of terms of elimination of violations in the application.

The agency and (or) its territorial authority within three working days taking into account the arguments stated in the application makes the decision on prolongation of terms of elimination of violations or refusal in prolongation with motivated reasons.";

add with Items 28-1, 28-2 and 28-3 of the following content:

"28-1. After the term of elimination of the violations established in the instruction about elimination of the revealed violations, the Checked subject during the term established in the instruction provides information on elimination of the revealed violations in the Agency and (or) its territorial authority.

28-2. In case of failure to provide by the Checked subject at the scheduled time of information on execution of the instruction on elimination of the considerable and insignificant violations determined in criteria for evaluation of degree of the risks revealed as a result of check and (or) preventive control with visit of the Checked subject, the Agency and (or) its territorial authority within two working days sends to the Checked subject inquiry for need of provision of information on execution of the instruction.

28-3. After receipt of request about need of provision of information the Checked subject within three working days provides the relevant information in the Agency and (or) its territorial authority.

In case of failure to provide information the Agency and (or) its territorial authority appoints check according to the subitem 2) of Item 8 of these rules.";

state Items 29 and 30 in the following edition:

"29. In case of detection in actions of officials of the Checked subjects of signs of criminal offense or crime the management of the Agency or the heads of its territorial authorities or persons fulfilling their duties take measures for the direction of materials of check and (or) preventive control with visit of the Checked subject in the relevant authorized bodies.

30. If as a result of conducting check the fact of violations by the Checked subject of the requirements established by the legislation of the Republic of Kazakhstan to the head of the Checked subject or his representative is elicited the letter on taking measures to elimination of the revealed violations, the reasons and conditions promoting their making, introduction of corresponding changes and (or) amendments in standards, regulations of the state services and other regulatory legal acts, process optimizations of rendering the state services, to accountability of perpetrators, recovery of the violated rights, freedoms and legitimate interests of uslugopoluchatel and informing the Agency or its territorial authority on results of consideration to the corresponding term is sent (further - the Letter on taking measures).";

state Items 61 and 62 in the following edition:

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