JOINT ORDER OF I.O. MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 11, 2023 No. 124, on May 12, 2023 No. 62

About modification and amendments in the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 8, 2016 No. 227 and the Minister of national economy of the Republic of Kazakhstan of August 17, 2016 No. 373 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about gaming"

WE ORDER:

1. Bring in the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 8, 2016 No. 227 and the Minister of national economy of the Republic of Kazakhstan of August 17, 2016 No. 373 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about gaming" (it is registered in the Register of state registration of regulatory legal acts at No. 14313) the following changes and amendments:

in Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about gaming, according to appendix 1 to the specified joint order:

in Item 2:

add with subitem 2-1) of the following content:

"2-1) point – quantitative measure of calculation of risk;";

add with subitem 4-1) of the following content:

"4-1) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;";

10) to state the subitem in the following edition:

"10) 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 of control on risk degrees for the subsequent implementation of preventive control with visit of the subject of control and (or) checks on compliance to qualification requirements 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 the specific subject of control and (or) release of such subject of control from preventive control with visit of the subject of control and (or) checks on compliance to qualification requirements;";

add with the subitem 12) of the following content:

"12) 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.";

state Item 7 in the following edition:

"7. For risk management objectives when implementing check on compliance to qualification requirements and (or) preventive control with visit of subject (object) of control, criteria for evaluation of risk degree for conducting check on compliance to qualification requirements and preventive control of subjects (objects) 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 subjects (objects) of control by objective criteria carry to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

Concerning subjects (objects) of control carried to high and average risk degree by objective criteria are carried out check on compliance to qualification requirements, preventive control with visit of subject (object) of control, 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 are carried out check on compliance to qualification requirements, preventive control without visit of subject (object) of control and unscheduled inspection.

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

1) high risk;

2) average risk;

3) low risk.";

to state heading of Chapter 3 in the following edition:

"Chapter 3. Risk degree procedure of payments by subjective criteria";

state Item 8 in the following edition:

"8. Proceeding from priority of the applied sources of information and the importance of indicators of subjective criteria, according to risk exponent procedure of payments by the subjective criteria determined in Chapter 3 of these rules the risk exponent by subjective criteria on scale from 0 to 100 points is calculated.

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.";

state Item 13 in the following edition:

"13. Forming of the database and information collection are necessary for identification of subjects (objects) of control violating the law of the Republic of Kazakhstan on gaming.

Processes of data collection and processing are fully automated and allow possibility of check of correctness of the obtained data.

For selection of subjects of entrepreneurship when carrying out preventive control with visit 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) 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).

For selection of subjects of entrepreneurship when conducting checks on compliance to qualification requirements sources of information are:

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

2) results of the previous checks on compliance to qualification requirements.";

state Item 16 in the following edition:

"16. The following procedure of payments of exponent of risk is applied to reference of the subject of control to risk degree according to Item of 8 these Criteria.

The state body collects information and creates the database on subjective criteria of sources according to Item of 13 these Criteria.

Measure calculation of risk degree by subjective criteria (R) is perfromed in the automated mode by summing of exponent of risk on violations by results of the previous checks and preventive control with visit of subjects (objects) of control (SP) and exponent of risk by the subjective criteria determined according to Item of 8 these Criteria (SC), with the subsequent normalization of values this in the range from 0 to 100 points.

Rprom = SP + SC, where

Rprom – intermediate exponent of risk by subjective criteria,

SP – risk exponent on violations,

SC – risk exponent by the subjective criteria determined according to Item of 8 these Criteria.

Calculation is made on each subject (object) of control of homogeneous group of subjects (objects) of control and each sphere of the state control. At the same time the list of the estimated subjects (objects) of control carried to homogeneous group of subjects (objects) of control of one sphere of the state control forms sample (selection) for the subsequent normalization of data.";

add with Item 17 of the following content:

"17. According to the data obtained by results of the previous checks and preventive control with visit of subjects (objects) of control the risk exponent on violations estimated in points from 0 to 100 is created.

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