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

of September 30, 2022 No. 822, on September 30, 2022 No. 68

About introduction of amendments to the joint order of the Minister of Justice of the Republic of Kazakhstan of April 22, 2019 No. 218 and the Minister of national economy of the Republic of Kazakhstan of April 29, 2019 No. 31 "About approval of criteria for evaluation of risk degree and checking sheets of organization activity, managing directors of property rights on collective basis"

WE ORDER:

1. Bring in the joint order of the Minister of Justice of the Republic of Kazakhstan of April 22, 2019 No. 218 and the Minister of national economy of the Republic of Kazakhstan of April 29, 2019 No. 31 "About approval of criteria for evaluation of risk degree and checking sheets of organization activity, managing directors of property rights on collective basis" (it is registered in the Register of state registration of regulatory legal acts for No. 18611) the following changes:

in Criteria for evaluation of degree of risks of organization activity, the managing directors of property rights on collective basis approved by the specified order:

1, of 2, of 3, of 4, 5 to state appendices in edition according to appendices 1, of 2, of 3, of 4, 5 to this joint order;

checking leaf behind organization activity, managing directors of property rights on collective basis, in spheres of management of copyright, approved by the specified order to state in edition according to appendix 6 to this joint order;

checking leaf behind organization activity, managing directors of property rights on collective basis, in spheres of management of the related rights, approved by the specified order to state in edition according to appendix 7 to this joint order;

checking leaf behind organization activity, managing directors of property rights on collective basis, in the field of implementation of the rights of authors, contractors, producers of soundtracks and audiovisual works on receipt of remuneration for reproduction of soundtracks and audiovisual works for personal reasons and without income acquisition, approved by the specified order to state in edition according to appendix 8 to this joint order;

the checking leaf behind organization activity, managing directors of property rights on collective basis in the field of management of copyright and the related rights approved by the specified order to state in edition according to appendix 9 to this joint order.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this joint order;

2) placement of this joint order on official Internet resources of the Ministry of Justice of the Republic of Kazakhstan and the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on the supervising vice-Minister of Justice 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 Justice of the Republic of Kazakhstan

__________ K. Musin

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 Justice of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of September 30, 2022 No. 822, on September 30, 2022 No. 68

Appendix 1

to Criteria for evaluation of degree of risks of organization activity, managing directors of property rights on collective basis

Subjective criteria on information source "availability and the number of the confirmed claims and addresses"

Criteria

Extent of violations

1.

Availability of one confirmed claim or the addresses on subjects of control which arrived from physical persons or legal entities, state bodies within one year.

insignificant

2.

Availability of two confirmed claims or addresses to subjects of control which arrived from physical persons or legal entities, state bodies within one year.

considerable

3.

Availability of three and more confirmed claims or addresses to subjects of control which arrived from physical persons or legal entities, state bodies within one year.

rough

 

Appendix 2

to the joint Order of the Minister of Justice of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of September 30, 2022 No. 822, on September 30, 2022 No. 68

Appendix 2

to Criteria for evaluation of degree of risks of organization activity, managing directors of property rights on collective basis

Subjective criteria on information source "results of monitoring of the reporting and the data represented by the subject of control"

Criteria

Extent of violations

1.

Non-presentation in authorized body of the year balance, annual statement, including data on the collected, distributed, unallotted, paid, unpaid, unclaimed remunerations in the submitted reports

rough

2.

Submission to authorized body of the year balance, the annual statement, including data on the collected, distributed, unallotted, paid, unpaid, unclaimed remunerations in the submitted reports is later April 15, following the accounting period

considerable

3.

Non-presentation in authorized body of the changes made to the charter and other constituent documents of the organization

rough

4.

Submission to authorized body of the changes made to the charter and other constituent documents of the organization is later April 15, following the accounting period

considerable

5.

Non-presentation in authorized body of information on branches and representations on the places performing functions on collection, distribution and payment of remuneration for use of objects of copyright or the related rights

rough

6.

Submission to authorized body of information on branches and representations on the places performing functions on collection, to distribution and payment of remuneration for use of objects of copyright or the related rights is later April 15, following the accounting period

considerable

7.

Non-presentation in authorized body of copies of the signed bilateral and multilateral agreements with the foreign organizations managing property rights on collective basis

rough

8.

Submission to authorized body of copies of the signed bilateral and multilateral agreements with the foreign organizations managing property rights on collective basis is later April 15, following the accounting period

considerable

9.

Non-presentation in authorized body of copies of decisions of general meeting

rough

10.

Submission to authorized body of copies of decisions of general meeting is later April 15, following the accounting period

considerable

11.

Non-presentation of the audit report in authorized body submitted every two years no later than the April 15 following the accounting period

rough

12.

Submission to authorized body of the audit report is later April 15, following the accounting period every two years

considerable

13.

Not publication on Internet resource of the organization in a month from approval date (signing) of audit opinion and results of check together with the corresponding accounting (financial) records which shall be in open access for owners within five years

rough

14.

Lack of agreements on transfer to the organizations managing property rights on collective basis, powers on management of the rights of authors, contractors, producers of soundtracks, producers of audiovisual works and other owners

rough

15.

Lack of the registers containing the information about owners about the rights transferred by it to the control and also about objects of copyright and related rights

rough

16.

Exceeding of thirty percent from the total amount of assembled remuneration on covering of the actual expenses on collection, distribution and payment of remuneration, and also the amounts sent to special funds

rough

17.

Lack of Internet resource for the purpose of informing on the organization activity managing property rights on collective basis

rough

18.

Failure to provide of availability of Internet resource in the round-the-clock mode, openness of information placed on it and also failure to provide such information on a grant basis

rough

19.

Absence on Internet resource of the organization of information on the rights transferred the organizations to the control including the name of object of the author's or related rights, name of the author or other owner, and in case of assignment of rights under contracts on mutual representation of interests with the organization managing property rights on collective basis – the name of such organization, remuneration rates

rough

20.

Absence on Internet resource of the organization of information on representatives of the organization

considerable

21.

Lack of the promulgated reports sent to authorized body in the mass media extended in all territory of the Republic of Kazakhstan, on the Internet resource

considerable

22.

Absence on Internet resource of the organization of information on the license agreements signed with users including the name of the user and his location, and also date of the conclusion of such agreement

considerable

23.

Absence on Internet resource of the organization of information on the signed bilateral and multilateral agreements with the foreign organizations managing property rights on collective basis

insignificant

24.

Lack of the reports submitted by the organization to owners of the copyright and related rights through their personal accounts on Internet resource of the organization containing data on use of their rights, including on the amount of assembled remuneration and about the amounts withheld from it

rough

 

Appendix 3

to the joint Order of the Minister of Justice of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of September 30, 2022 No. 822, on September 30, 2022 No. 68

Appendix 3

to Criteria for evaluation of degree of risks of organization activity, managing directors of property rights on collective basis

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