JOINT ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 2, 2022 No. 72, on March 5, 2022 No. 20

About modification and amendments in the joint order of the Minister of Education and Science of the Republic of Kazakhstan of December 28, 2015 No. 708 and the acting minister of national economy of the Republic of Kazakhstan of December 30, 2015 No. 832 "About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of the rights of the child"

WE ORDER:

1. Bring in the joint order of the Minister of Education and Science of the Republic of Kazakhstan of December 28, 2015 No. 708 and the acting minister of national economy of the Republic of Kazakhstan of December 30, 2015 No. 832 "About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of the rights of the child" (it is registered in the Register of state registration of regulatory legal acts for No. 12844) the following changes and amendment:

change in Kazakh is made to heading of the specified order, the text in Russian does not change;

to state preamble of the specified order in the following edition:

"According to the subitem 3) of Item 2 of Article 85 and item 4 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:"

state Item 1 in the following edition:

"1. Approve:

1) criteria for evaluation of risk degree in the field of protection of the rights of the child, according to appendix 1 to this joint order;

2) checking leaf in the field of protection of the rights of the child concerning activities of governing bodies of formation of local executive bodies, according to appendix 2 to this joint order;

3) checking leaf in the field of protection of the rights of the child concerning organization activity of education, health care and social protection of the population for orphan children and children without parental support, according to appendix 3 to this joint order;

4) checking leaf in the field of protection of the rights of the child concerning activities of the special organizations of education for children with deviant behavior and with specific mode of content, according to appendix 4 to this joint order;

5) checking leaf in the field of protection of the rights of the child concerning organization activity of secondary education according to appendix 5 to this joint order;

6) checking leaf in the field of protection of the rights of the child concerning organization activity of education on realization of the right of children to rest, improvement and leisure, according to appendix 6 to this joint order;

7) checking leaf in the field of protection of the rights of the child concerning activities of the special organizations of education, according to appendix 7 to this joint order.";

1, of 2, of 3, of 4, of 5, 6 to the specified joint order to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, of 5, 6 to this joint order;

add with appendix 7 according to appendix 7 to this joint order.

2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (Imangaliyev E. N.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

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 Education and Science of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this joint order submission to Legal department of the Ministry of Education and Science 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 order on the supervising vice-Minister of Education and Science of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after its first official publication.

Minister of national economy of the Republic of Kazakhstan

___________ A. Kuantyrov

Minister of Education and Science of the Republic of Kazakhstan

__________ A. Aymagambetov

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

It is approved Minister of Health of the Republic of Kazakhstan

It is approved Minister of Labour and Social Protection of the population of the Republic of Kazakhstan

 

Appendix 1

to the joint Order of the Minister of Education and Science of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of March 2, 2022 No. 72, on March 5, 2022 No. 20

Appendix 1

to the joint Order of the Minister of Education and Science of the Republic of Kazakhstan and the acting minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 708, on December 30, 2015 No. 832

Criteria for evaluation of risk degree in the field of protection of the rights of the child

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in the field of protection of the rights of the child (further - Criteria) are developed for selection of the checked governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education for children with deviant behavior and with specific mode of content, the organization of secondary education, rest, improvement and leisure, the special organizations of education for the purpose of carrying out preventive control with visit of subject (object) of control according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan.

2. In these Criteria the following concepts are used:

1) subjects of control - governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education with specific mode of content, the organization of secondary education, the special organizations of education.

2) risk - probability of emergence of the conditions interfering children to exercise the rights to live and be brought up in family, receipt of right to education, rest, improvement, the public assistance and support, education and all-round development in the organizations for children;

3) system of risks assessment - the complex of actions held by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

4) 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 certain field of activity and which are not depending directly on separate subject (object) of control;

5) 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;

6) the checking sheet - the list of requirements including only those requirements 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;

Chapter 2. Methods of carrying out preventive control with visit of subject (object) of control

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

Paragraph 1. Objective criteria

4. By objective criteria subjects (objects) of control are distributed to high and not carried to high risk:

1) governing bodies of formation of local executive bodies, the organizations of education, health care and social protection of the population for orphan children and children without parental support, the special organizations of education for children with deviant behavior and with specific mode of content, the organization of secondary education, the special organizations of education treat high risk;

2) to not carried to high risk the organizations of education for providing the rights of children to rest, improvement and leisure belong.

Unscheduled inspections and preventive control with visit and without visit of subject (object) of control are applied to subjects (objects) of control carried by objective criteria to high risk.

Unscheduled inspections and preventive control without visit of subject (object) of control are applied to subjects (objects) of control which are not carried to high risk.

5. Preventive control with visit of subject (object) of control is carried out based on semi-annual lists of preventive control with visit of subject (object) of control.

The semi-annual list of carrying out preventive control with visit of subject (object) of control affirms the first head of state body.

6. For assessment of degree of risks the following sources of information are used:

1) results of monitoring of the reporting and the data represented by subject (object) of control including by means of the automated information systems, carried out by state bodies, organizations and the industry organizations;

2) results of the previous checks and preventive control with visit of subject (object) of control;

3) availability of the confirmed claims and addresses;

4) 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 (recommendation).

7. Depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier subjective criteria which according to criteria for evaluation of risk degree of regulatory state agency correspond to extent of violation - rough, considerable and insignificant are determined by each source of information.

Gross violation - violation of the requirements established by regulatory legal acts in the field of protection of the rights of children, the educations attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan "About administrative offenses", violation of the right to education, procedure for rendering social support during education, catering services, transportation, rest, improvement of procedure for content of children in the organizations of education, the rights to necessary payments by minors, devices of orphan children and children without parental support, creations of conditions in the organizations for education and training, the violations confirmed by consideration of claims and appeals of physical persons and legal entities and also non-execution at the scheduled time of recommendations of elimination of the violations revealed by results of preventive control without visit of subject (object) of control.

Considerable violation - violation of the requirements established by regulatory legal acts in the field of protection of the rights of children, education regarding acceptance on training, the organization of accounting of children of preschool and school age.

Insignificant violation - violation of the requirements established by regulatory legal acts in the field of protection of the rights of children, education regarding provision of administrative data.

Paragraph 2. Subjective criteria

8. Subjective criteria are determined according to appendices 1, of 2, of 3, of 4, 5 and 6 to these Criteria:

1) subjective criteria of activities of governing bodies of formation of local executive bodies;

2) subjective criteria of organization activity of education, health care and social protection of the population for orphan children and children without parental support;

3) subjective criteria of activities of the special organizations of education for children with deviant behavior and with specific mode of content;

4) subjective criteria of organization activity of secondary education;

5) subjective criteria of activities of the special organizations of education.

Chapter 3. Procedure of payments of general exponent of risk by subjective criteria

9. In case of identification of one gross violation, to subject (object) of control the exponent of risk 100 is equated and concerning it preventive control with visit of subject (object) of control 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 violations of considerable degree the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

 Рз = (P2 x 100/P 1) x 0,7

where: Рз - indicator of considerable violations;

 P1 - the required number of considerable violations;

 P2 - the number of the revealed considerable violations.

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

 Рн = (P2 x 100/P 1) x 0,3

where: Рн - indicator of insignificant violations;

 P1 - - the required number of insignificant violations;

 P2 - the number of the revealed insignificant violations.

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

 Р = Рз + Rn where:

 Р - general exponent of risk;

 Рз - indicator of considerable violations;

 Рн - indicator of insignificant violations.

10. On risk exponents the subject (object) of control belongs:

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

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

11. Frequency rate of carrying out preventive control with visit of subject (object) of control cannot be more often than once a year.

In the analysis and assessment of degree of risks data of the subjective criteria which are earlier considered and used concerning specific subject (object) of control are not applied.

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

Appendix 1

to Criteria for evaluation of risk degree in the field of protection of the rights of the child

Subjective criteria of activities of governing bodies of formation of local executive bodies

№	Criteria	Extent of violations
1. Availability of the confirmed claims and addresses
1	Availability of the confirmed claim or address to governing bodies of education and on organization activity, the governing bodies of education which are under authority	rough
2. Results of preventive control with visit of subject (object) of control (severity is established in case of non-compliance with following requirements)
1 1	Accounting of orphan children and children without parental support, in republican databank of orphan children and children without parental support, and persons wishing to accept children on education in the families (further - republican databank) on ensuring timely identification of orphan children and children without parental support	rough
2 2	Availability of the documents confirming adherence to deadlines of the device of orphan children and children without parental support	rough
3 3	Availability of complete document package in the questionnaire of the child in republican databank	rough
4 4	Availability of complete document package in questionnaires of candidates for adoptive parents in republican databank	considerable
5 5	Availability of the conclusion of compliance of citizens to the right to be candidates for adoptive parents	considerable
6 6	Availability of the document confirming carrying out inspection of domestic conditions of the citizens wishing to be candidates for adoptive parents, guardians, foster tutors within three working days	considerable
7 7	Availability in republican databank of the act of inspection of domestic conditions of the citizens wishing to be candidates for adoptive parents	considerable
8 8	Adherence to deadline of consideration of the application about desire to adopt children	considerable
9 9	Availability of the written confirmation of the fact of acquaintance with the medical certificate about the state of health of the child of candidates for adoptive parents	considerable
10 10	Availability of the written confirmation of refusal or further participation in the procedure of adoption of candidates for adoptive parents	considerable
11 11	Availability in republican databank of the conclusion about possibility (impossibility) of transfer of the child on adoption	considerable
12 12	Availability in republican databank of complete document package of guardians (custodians)	considerable
13 13	Availability in republican databank of complete document package of foster tutors	considerable
14 14	Availability of the approved structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption (further - the Commission)	considerable
15 15	Availability of the approved regulations of work of the Commission	considerable
16 16	Availability of protocols, solutions of commission session	considerable
17 17	Availability of the conclusion of the Commission	considerable

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