JOINT ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2018 No. 757, on October 31, 2018 No. 52

About approval of criteria for evaluation of risk degree and checking sheets in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 we ORDER:

1. Approve:

1) criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision, according to appendix 1 to this joint order;

2) checking leaf in the field of architecture, town planning and construction concerning bodies of architecture and town planning, according to appendix 2 to this joint order;

3) checking leaf in the field of architecture, town planning and construction concerning bodies of the state architectural construction supervision and supervision, according to appendix 3 to this joint order;

4) checking leaf in the field of architecture, town planning and construction concerning bodies of construction, according to appendix 4 to this joint order.

2. Declare invalid the order of the acting minister of national economy of the Republic of Kazakhstan of June 3, 2016 No. 235 "About approval of criteria for evaluation of risk degree and checking leaf in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision" (it is registered in the Register of state registration of regulatory legal acts at No. 14139, it is published on September 1, 2016 in information system of law of Ad_let).

3. To provide to committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan in the procedure established by the legislation:

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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

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

4. To impose control of execution of this joint order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

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

Minister of investments and development of the Republic of Kazakhstan

____________ Zh. Kasymbek

Minister of national economy of the Republic of Kazakhstan

____________ T. Suleymenov

It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

Appendix 1

to the Joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 757, on October 31, 2018 No. 52

Criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision (further - Criteria) are developed according to Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371) for reference of subjects of control and supervision to risk degrees.

2. In these Criteria the following concepts are used:

1) subjects of control and supervision - local executive bodies on cases:

architecture and town planning;

constructions;

state architectural construction supervision and supervision;

2) considerable violations - the violations established by regulatory legal acts in the field of architecture, town planning, involving the administrative and criminal liability provided by the laws of the Republic of Kazakhstan and connected with provision of the doubtful reporting and monitoring, non-compliance with the state standard rates, terms, procedure for acceptance of notifications, procedure for carrying out preventive control and supervision with visit of the subject of control and supervision and elimination of the revealed violations, and also infringement of the rights and legitimate interests of citizens, availability of claims and addresses;

3) insignificant violations - untimely and wrong execution of performing documentation;

4) gross violations - the violations established by regulatory legal acts in the field of architecture, town planning and construction owing to which the condition of the favorable habitat and life activity of the person, including the disabled people connected with availability of the facts of technogenic catastrophes (collapse of the bearing and protecting structures of buildings and constructions), with causing damage to state interests which involve the administrative and criminal liability provided by the laws of the Republic of Kazakhstan and also with absence in staff of workers with corresponding education and certain experience of work, lack of the realized construction objects, absence and discrepancy to levels of responsibility of experts, lack of the license and accredited experts worsens;

5) risk in the field of architecture, town planning and construction - probability of damnification as a result of activities of subjects of control and supervision 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;

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

7) subjective criteria for evaluation of risk degree (further - subjective criteria) the criteria for evaluation of risk degree used for selection of local executive bodies for architecture, town planning, construction and the state architecturally construction supervision and supervision depending on results of activities of the specific subject of control and supervision;

8) the checking sheet - the list of requirements including only those requirements to activities of subjects of control and supervision which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.

3. Criteria for evaluation of risk degree in the field of architecture, town planning and construction of activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision and supervision are created by means of objective and subjective criteria.

Chapter 2. Objective criteria

4. In the field of architecture, town planning and construction all subjects of control and supervision - local executive bodies on cases treat high risk by objective criteria:

architecture and town planning;

constructions;

the state architectural construction supervision and supervision as their activities it is directly connected with the greatest damnification 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, that is their activities shall ensure safety, the comfortable and favorable habitat.

Chapter 3. Subjective criteria

5. For determination of subjective criteria for evaluation of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control and supervision including by means of the automated information systems;

2) results of the previous check / preventive control and supervision with visit of the subject of control and supervision (at the same time, severity of violations (rough, considerable, insignificant) is established in case of non-compliance with requirements of the legislation);

3) availability and the number of the confirmed (reasonable) claims and addresses;

4) analysis results of official Internet resources of state bodies, mass media.

6. Based on the available information sources subjective criteria are subdivided into three extents of violation: rough, considerable, insignificant.

The following procedure of payments of exponent of risk is applied to reference of the subject of control and supervision to risk degree.

In case of identification of one gross violation from the available information sources, to the subject of control and supervision the exponent of risk 100 is equated and concerning it preventive control and supervision with visit of the subject of control and supervision is carried out.

If gross violations are not revealed, for measure definition of risk degree the total indicator on violations of considerable and insignificant degree is calculated.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7,

where:

SRZ - indicator of considerable violations;

SP1 - the required number of considerable violations;

SP2 - the number of the revealed considerable violations;

In case of measure definition of insignificant violations the coefficient of 0,3 is applied and this indicator is calculated by the following formula:

SRN = (SP2 x 100/SP1) x 0,3,

where:

SRN - indicator of insignificant violations;

SP1 - the required number of insignificant violations;

SP2 - the number of the revealed insignificant violations;

The general exponent of risk (SP) is calculated on scale from 0 to 100 and is determined by summing of indicators of considerable and insignificant violations by the following formula:

SP = SRZ + SRN,

where:

SP - general exponent of risk;

SRZ - indicator of considerable violations;

SRN - indicator of insignificant violations.

Subjective criteria for evaluation of risk degree are given in Appendix to these criteria.

On risk exponents the subject of control and supervision belongs:

1) to high risk - in case of exponent of risk from 61 to 100 inclusive and concerning it preventive control and supervision with visit of the subject of control and supervision is carried out;

2) does not treat high risk - in case of exponent from 0 to 60 and concerning it preventive control and supervision with visit of the subject of control and supervision is not carried out.

In the analysis and assessment of risk degree data of the subjective criteria which are earlier considered and used concerning the specific subject of control and supervision are not applied.

Frequency rate of carrying out preventive control with visit of the subject of control and supervision is determined by criteria for evaluation of risk degree, but is not more often than once a year.

The basis for purpose of preventive control and supervision with visit of the subject of control and supervision is the semi-annual list of carrying out preventive control and supervision with visit of the subject of control and supervision created by results of the carried-out analysis and assessment, approved by the first head of regulatory state agency.

Preventive control and supervision with visit of the subject of control and supervision are carried out based on semi-annual lists of preventive control and supervision with visit of the subject of control and the supervision created according to Item 1 of article 141 of the Code.

Lists of preventive control and supervision with visit of the subject of control and supervision are constituted taking into account priority of the subject of control and supervision with the greatest exponent of risk by subjective criteria.

Appendix

to Criteria for evaluation of risk degree in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architecturally construction supervision and supervision

Subjective criteria for evaluation of degree of risk in the field of architecture, town planning and construction behind activities of local executive bodies for architecture, town planning, construction and the state architecturally construction supervision and supervision

 

№ of payment order	Criteria	Extent of violation
Bodies of architecture and town planning
1. Results of monitoring of the reporting and the data represented by the subject of control and supervision including by means of the automated information systems.
1	Not provision of information about planned to construction of facilities and complexes (the information about the customer, the contractor, author's and technical supervisions, availability of experimental testimony, the decision on provision of the appropriate right to the earth) to the 5th	rough
2	Not provision of information on objects under construction and complexes (the information about the customer, the contractor, author's and technical supervisions, availability of experimental testimony, the decision on provision of the appropriate right to the earth) to the 5th quarterly	rough
2. Results of the previous check / preventive control and supervision of subjects of control and supervision (at the same time, severity of violations (rough, considerable, insignificant) is established in case of non-compliance with requirements of the legislation).
3	Accounting of acceptance acts of objects in operation, and also objects (complexes) put into operation	rough
4	Availability of drafts of the master plan of the cities of republican value, capital, cities of regional value and rural settlements of the republic	rough
5	Availability of drafts of detailed layouts of the cities of republican value, capital, cities of regional value and rural settlements of the republic	rough
6	Observance division of the territories into functional zones	rough

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