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

of February 7, 2023 No. 30, on February 7, 2023 No. 17

About introduction of amendments to 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:

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

"According to the subitem 3) of Item 2 of Article 85, item 4 of Article 141 and 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 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 organization activity of education, health care and social protection of the population for orphan children and children without parental support, according to appendix 2 to this joint order;

3) 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 3 to this joint order;

4) checking leaf in the field of protection of the rights of the child concerning organization activity of secondary education 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 education on realization of the right of children to rest, improvement and leisure, according to appendix 5 to this joint order;

6) checking leaf in the field of protection of the rights of the child concerning activities of the special organizations of education, according to appendix 6 to this joint order.";

to exclude appendix 2 to the specified joint order;

1, of 3, of 4, of 5, 6 and 7 to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, 5 and 6 to this joint order.

2. To committee on protection of the rights of children of the Ministry of Public Education of the Republic of Kazakhstan 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 Public Education 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 Public Education 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 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 education of the Republic of Kazakhstan

__________ G. Beysembayev

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 education of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of February 7, 2023 No. 30, on February 7, 2023 No. 17

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

Evaluation criteria and risk managements in the field of protection of the rights of the child

Chapter 1. General provisions

1. These evaluation criteria and risk managements (further – Criteria) are developed for selection of subjects (objects) of control of the checked 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) according to Item 3 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for forming of system of assessment and risk management.

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

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

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

4) 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 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;

5) 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;

6) 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;

7) 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;

8) the checking sheet – the list of 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;

9) 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.

Chapter 2. Procedure for forming of system of assessment and risk management when carrying out preventive control of subjects (objects) control

3. Risk management when implementing preventive control with visit of subject (object) of control are created by means of determination of objective and subjective criteria which are performed step by step (the Multicriteria analysis of decisions).

At the first stage by objective criteria subjects (objects) of control are distributed to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

Are applied preventive control with visit of subject (object) of control to subjects (objects) of control carried to high and average risk degree by objective criteria, preventive control without visit of subject (object) of control and unscheduled inspection.

Concerning subjects (objects) of control carried to low risk degree by objective criteria, preventive control without visit of subject (object) of control and unscheduled inspection.

At the second stage by subjective criteria subjects (objects) of control carry to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

On risk exponents by subjective criteria the subject (object) of control belongs:

1) to high risk – in case of exponent of risk from 71 to 100 inclusive;

2) to average risk degree – in case of exponent of risk from 31 to 70 inclusive;

3) to low risk degree – in case of exponent of risk from 0 to 30 inclusive.

4. Criteria for evaluation of risk degree for carrying out preventive control of subjects (objects) control are created by means of determination of objective and subjective criteria.

Paragraph 1. Objective criteria

5. By objective criteria subjects (objects) of control:

1) the organizations of education, health care and social protection of the population for orphan children and children without parental support, the organizations of secondary education, the special organizations of education treat high risk;

2) special formations of the organizations for children with deviant behavior and with specific mode of content belong to average risk degree;

3) the organizations of education for providing the rights of children to rest, improvement and leisure treat low risk degree.

Paragraph 2. Subjective criteria

6. Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

7. Forming of the database and information collection are necessary for identification of subjects (objects) of control.

For assessment of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control;

2) results of the previous checks and preventive control with visit of subjects (objects) of control;

3) availability of the adverse incidents which arose because of the subject of control.

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