JOINT ORDER OF THE MINISTER OF INFORMATION AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 9, 2018 No. 473, on November 15, 2018 No. 69

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

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

1. Approve:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about mass media (further – Criteria), according to appendix 1 to this joint order;

2) checking leaf behind compliance with law of the Republic of Kazakhstan about mass media (further – checking leaf) concerning periodic printing editions, the Internet – editions, and the Internet – resources, according to appendix 2 to this joint order;

3) checking leaf behind compliance with law of the Republic of Kazakhstan about mass media concerning TV, radio companies, according to appendix 3 to this joint order;

4) checking leaf behind compliance with law of the Republic of Kazakhstan about mass media concerning operators of TV and radio broadcasting, according to appendix 4 to this joint order;

5) checking leaf behind compliance with law of the Republic of Kazakhstan about mass media concerning distributors of individual satellite and radio intakes, according to appendix 5 to this joint order;

6) checking leaf behind compliance with law of the Republic of Kazakhstan about mass media concerning operators of TV and radio broadcasting, according to appendix 6 to this joint order.

2. To provide to committee of information of the Ministry of information and communications 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" 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 of information and communications of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order submission to Legal department of the Ministry of information and communications 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 information and communications of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication, except for lines, sequence number 4, of appendix 1 to Criteria, sequence number 4, of appendix 4 to Criteria and lines, sequence number 4, of checking leaf in the field of the state control of compliance with law of the Republic of Kazakhstan about mass media concerning periodic printing editions which become effective since January 11, 2019.

Appendix 1

to the joint order of the Minister of information and communications of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of November 9, 2018 No. 473, on November 15, 2018 No. 69

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about mass media

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about mass media (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) approved by 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 No. 17371) and Rules of forming by regulatory state agencies of system of assessment and the 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) insignificant violation – violations of the requirements established by regulatory legal acts in the field of mass media which non-compliance is not created by premises for emergence of threat of life and to health of the population, but accomplishment which is obligatory for subjects (objects) of control when implementing the activities;

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

4) considerable violation – violation of the requirements established by regulatory legal acts in the field of mass media, the creating premises for emergence of threat of life and health of the person, to legitimate interests of physical persons and legal entities, the states;

5) subjects (objects) of control in the field of mass media – periodic printing editions, Internet editions, the Internet - resources, TV, radio companies, operators of TV and radio broadcasting, and distributors of individual satellite and radio intakes;

6) gross violation – violation of the requirements established by regulatory legal acts in the field of mass media, connected with non-compliance with the prohibiting regulation of the legislation of the Republic of Kazakhstan (it is forbidden, it is not allowed, it is not allowed), and also violation of requirements which involves threat of life and to health of the person, legitimate interests of physical persons and legal entities, the states;

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

8) 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 (objects) of control to different risk degrees;

9) 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 of compliance with law of the Republic of Kazakhstan about mass media and which are not depending directly on separate subject (object) of control;

10) 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;

11) 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 (objects) of control on risk degrees for the subsequent implementation of preventive control with visit of subject (object) of control and (or) checks on compliance to 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 specific subject (object) of control and (or) release of such subject (object) of control from preventive control with visit of subject (object) of control and (or) checks on compliance to requirements;

12) the checking sheet – the list of the mandatory requirements imposed to activities of subjects (objects) of control which non-compliance involves threat of life and to health of the person, legitimate interests of physical persons and legal entities, the states;

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

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info