JOINT ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2018 No. 448, on November 26, 2018 No. 80

About modification and amendments 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"

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 for No. 12779, it is published on January 26, 2016 in information system of law of Ad_let) the following changes and amendments:

state heading in the following edition:

"About approval of criteria for evaluation of risk degree and checking sheets in the field of environmental protection, reproduction and use of natural resources";

state preamble in the following edition:

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

state Item 1 in the following edition:

"1. Approve enclosed:

1) Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources according to appendix 1 to this joint order;

2) the Checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of the physical persons or legal entities performing use of natural resources and (or) issues to the environment according to appendix 2 to this joint order;

3) the Checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of the subjects performing activities for environmental assessment of projects as a part of complex non-departmental examination according to appendix 3 to this joint order;

4) the Checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of the subjects having licenses for performance of works and rendering services in the field of environmental protection according to appendix 4 to this joint order.";

to be reworded as follows appendices 1 and 2 to the specified joint order according to appendices 1 and 2 to this joint order;

add with appendices 3, 4 to the specified joint order according to appendices 3, 4 to this joint order.

2. To provide to committee of ecological regulation and control of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation 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 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 the Internet resource of the Department of Energy 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 Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) 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 of November 19, 2018 No. 448, on November 26, 2018 No. 80

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 developed according to the subitem 2) the subitem 2) of article 86 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and Rules of forming by state bodies of system of risks assessment and form of the 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) (further - Rules), for the purpose of reference of subjects (objects) of control 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 violations - 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 which is obligatory for users of nature when implementing the activities;

2) considerable violations - 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;

3) risk in the field of environmental protection, reproduction and use of natural resources - probability of damnification as a result of activities of the subject of control 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 violations - 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);

5) system of risks assessment - complex of actions, carried out by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in the field of environmental protection, reproduction and use of natural resources and which are not depending directly on separate subject (object) of control;

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

8) the checking sheet - the list of requirements including requirements imposed to activities of subjects (objects) of control 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. Frequency rate of carrying out preventive control with visit of subject (object) of control is determined by results of the carried-out analysis and assessment of the received data on subjective criteria, but is not more often than once a year.

4. The basis for purpose of preventive control with visit of subject (object) of control is the semi-annual list of carrying out preventive control with visit of subject (object) of control approved by the first head of state body.

Till 10 on the (tenth) of December the year preceding year of carrying out preventive control with visit of subject (object) of control, and to 10 on the (tenth) of May the current calendar year the approved semi-annual lists of carrying out preventive control with visit of subject (object) of control go regulatory state agency to authorized body in the field of legal statistics and special accounting for forming of the semi-annual summary list of carrying out preventive control with visit of subject (object) of control.

5. Lists of preventive control with visit of subject (object) of control are constituted taking into account priority of the subject of control with the greatest exponent of risk by subjective criteria.

6. Criteria for preventive control with visit of subject (object) of control are created by means of objective and subjective criteria.

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