of December 15, 2022 No. 1285, on December 15, 2022 No. 127
About modification and amendments in the joint order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan of July 15, 2019 No. 724 and the Minister of national economy of the Republic of Kazakhstan of July 16, 2019 No. 65 "About approval of criteria for evaluation of risk degree and checking sheets in the field of auditor activities"
WE ORDER:
1. Bring in the joint order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan of July 15, 2019 No. 724 and the Minister of national economy of the Republic of Kazakhstan of July 16, 2019 No. 65 "About approval of criteria for evaluation of risk degree and checking sheets in the field of auditor activities" (it is registered in the Register of state registration of regulatory legal acts at No. 19068) the following changes and amendments:
state preamble in the following edition:
"According to Items 5 and 6 of Article 141, Item 1 of article 143 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 auditor activities according to appendix 1 to this joint order;
2) checking leaf in the field of auditor activities concerning auditing organizations for carrying out preventive control with visit of subject (object) of control according to appendix 2 to this joint order;
3) checking leaf in the field of auditor activities concerning professional auditing organizations for carrying out preventive control with visit of subject (object) of control according to appendix 3 to this joint order;
4) checking leaf in the field of auditor activities concerning auditing organizations for conducting check on compliance to qualification requirements according to appendix 4 to this joint order;
5) checking leaf in the field of auditor activities concerning professional auditing organizations for conducting check on compliance to allowing requirements according to appendix 5 to this joint order.";
1, 2 and 3 to the specified joint order to be reworded as follows appendices according to appendices 1, 2 and 3 to this joint order;
add with appendices 4 and 5 to the specified joint order according to appendices 4 and 5 to this joint order.
2. To provide to department of methodology of financial accounting, audit and assessment of the Ministry of Finance 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 Finance 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 Department of legal service of the Ministry of Finance 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 Finance of the Republic of Kazakhstan.
4. This joint order becomes effective since January 1, 2023 and is subject to official publication.
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Minister of national economy of the Republic of Kazakhstan
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__________ A. Kuantyrov |
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The deputy prime minister is the Minister of Finance of the Republic of Kazakhstan
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__________ E.Zhamaubayev |
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It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan |
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Appendix 1
to the joint Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 15, 2022 No. 1285, on December 15, 2022 No. 127
Appendix 1
to the joint Order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 15, 2019 No. 724, on July 16, 2019 No. 65
1. These Criteria for evaluation of risk degree in the field of auditor activities (further – Criteria) are developed according to Article 141 and article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577) and 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 at No. 17371), for reference of the subjects of control performing auditor activities to risk degrees.
2. In these Criteria the following concepts are used:
1) subject (object) of control – accredited professional auditing organizations and (or) auditing organizations;
2) considerable violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of auditor activities which are not attracting the administrative responsibility, but infringing on legitimate interests of physical persons and legal entities, the states, and also availability of one confirmed claim and address concerning activities of objects of control;
3) insignificant violations – not elimination of the revealed shortcomings in time, determined by the decision of committee on quality control and (or) professional auditing organization, in case of receipt of assessment is less than "4" within 2 (two) months;
4) gross violations – the violations of requirements of the legislation of the Republic of Kazakhstan attracting imposing of the administrative responsibility according to the Code of the Republic of Kazakhstan "About administrative offenses" which infringe on interests of the state, and also availability 2 (two) and more confirmed claims and addresses concerning activities of objects of control;
5) risk – probability of damnification as a result of activities of the subject of control to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;
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