of February 17, 2022 No. 41, on February 21, 2022 No. 16
About modification and amendments in the joint order of the Minister of information and communications of the Republic of Kazakhstan of October 31, 2018 No. 455 and the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 39 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting"
WE ORDER:
1. Bring in the joint order of the Minister of information and communications of the Republic of Kazakhstan of October 31, 2018 No. 455 and the Minister of national economy of the Republic of Kazakhstan of October 31, 2018 No. 39 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting" (it is registered in the Register of state registration of regulatory legal acts for No. 17674) the following changes and amendment:
state Item 1 in the following edition:
"1. Approve:
1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting (further - criteria) according to appendix 1 to this joint order;
2) checking leaf in the field of the state control of compliance with law of the Republic of Kazakhstan about TV and radio broadcasting (further - checking leaf) concerning TV, radio companies according to appendix 2 to this joint order;
3) checking leaf concerning operators of TV and radio broadcasting according to appendix 3 to this joint order;
4) checking leaf concerning distributors of individual satellite and radio intakes according to appendix 4 to this joint order.";
in Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting:
9) of Item 2 to state the subitem in the following edition:
"9) subjects (objects) of control in the field of TV and radio broadcasting - operators of TV and radio broadcasting, TV, radio companies and distributors of individual satellite and radio intakes.";
state Item 6 in the following edition:
"6. By the objective criteria which are not referred the following subjects (objects) of control belong to high risk:
operators of TV and radio broadcasting and distributors of individual satellite and radio intakes.";
Subjective criteria on information source "results of preventive control without visit of subject (object) of control (the resulting documents issued following the results of preventive control without visit of subject (object) of control (the reference, the conclusion, recommendations and others), including according to the procedure, determined by rules of carrying out monitoring of mass media", approved by the specified joint order to state in edition according to appendix 1 to this joint order;
The "results of the previous checks and preventive control with visit of subjects (objects) of control" approved by the specified joint order to state subjective criteria on information source in edition according to appendix 2 to this joint order;
Checking leaf in the field of the state control of compliance with law of the Republic of Kazakhstan about TV and radio broadcasting concerning TV, radio companies, approved by the specified joint order to state in edition according to appendix 3 to this joint order;
To state the checking leaf in the field of the state control of compliance with law of the Republic of Kazakhstan about TV and radio broadcasting concerning operators of TV and radio broadcasting approved by the specified joint order in edition according to appendix 4 to this joint order;
add with appendix 4 according to appendix 5 to this joint order.
2. To provide to committee of information of the Ministry of information and social development 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) placement of this joint order on Internet resource of the Ministry of information and social development of the Republic of Kazakhstan;
3) 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 of information and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
3. To impose control of execution of this joint order on the supervising vice-minister of information and social development of the Republic of Kazakhstan.
4. This joint order becomes effective after ten calendar days after day of its first official publication.
|
Minister of national economy of the Republic of Kazakhstan |
__________ A. Kuantyrov |
|
Minister of information and social development of the Republic of Kazakhstan |
__________ A. Umarov |
|
It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan |
|
to the joint Order of the Minister of information and social development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of February 17, 2022 No. 41, on February 21, 2022 No. 16
Appendix 1
to Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about TV and radio broadcasting
Subjective criteria on information source "results of preventive control without visit of subject (object) of control (the resulting documents issued following the results of preventive control without visit of subject (object) of control (the reference, the conclusion, recommendations and others), including according to the procedure, determined by rules of carrying out monitoring of mass media"
|
№ of payment order |
Criteria |
Extent of violations |
|
1. |
Quantity of domestic TV programs, except for advertizing, less than fifty percent in weekly amount of TV and radio broadcasting of domestic TV channels |
insignificant |
|
2. |
The number of pieces of music of the Kazakhstan authors or contractors and domestic radio programs, except for advertizing, in weekly amount of broadcasting of domestic radio channels: 1) since January 1, 2018 – less than forty five percent; 2) since January 1, 2020 – less than fifty percent |
insignificant |
|
3. |
The size of the additional information having character of the commercial exceeding twenty five percent of the area of shot and breaking text or information material in TV programs |
insignificant |
|
4. |
Distribution of advertizing on TV, the radio channels which are not specializing in messages and materials of advertizing nature, the running line exceeding twenty percent from the total amount of broadcasting in days, except for, social advertizing, information on own products TV, radio channels (announcements), not containing advertizing of the third parties, the announcement of the actions prepared and held TV, radio channel and also the advertizing placed in the place of the event broadcast on the air or record of repetition of the air |
insignificant |
|
5. |
Distribution of teletrade on the TV channels which are not specializing in messages and materials of advertizing nature, the advertizing exceeding more than thirty percent from the total amount of broadcasting in days |
insignificant |
|
6. |
Distribution of advertizing in the form of imposings, including method of running line, more than seven and a half percent of the area of shot and breaking text or information material in TV programs |
insignificant |
|
7. |
Placement of TV and radio broadcasting by the operator obligatory TV, radio channels, not in priority in digital broadcasting of consecutive numbers, starting with the first and more, and in analog broadcasting by placement at the beginning of grid of separation of frequencies of channels |
insignificant |
|
8. |
Broadcast TV, radio channels without announcement of the name, and in case of continuous broadcasting at least four times a day |
considerable |
|
9. |
Weekly amount TV, radio programs in Kazakh on time of less total amount TV, radio programs in other languages |
considerable |
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The document ceased to be valid since October 6, 2024 according to Item 1 of the joint Order of the Minister of Culture and Information of the Republic of Kazakhstan and the Deputy prime minister - the Minister of national economy of the Republic of Kazakhstan of September 4, 2024 No. 405-HK, 17 of September, 2024 No. 76