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

of May 24, 2023 No. 128, on May 24, 2023 No. 78

About modification and amendments in the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of June 9, 2017 No. 172 and the Minister of national economy of the Republic of Kazakhstan of August 14, 2017 No. 301 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives"

WE ORDER:

1. Bring in the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of June 9, 2017 No. 172 and the Minister of national economy of the Republic of Kazakhstan of August 14, 2017 No. 301 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives" (it is registered in the Register of state registration of regulatory legal acts for No. 15644) the following changes and amendments:

be reworded as follows heading:

"About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies";

state Item 1 in the following edition:

"1. Approve enclosed:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies according to appendix 1 to this joint order;

2) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about the electronic document and the digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 2 to this joint order;

3) checking leaf behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives according to appendix 3 to this joint order;

4) checking leaf behind compliance with law of the Republic of Kazakhstan about the electronic document and the digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 4 to this joint order;

5) the list of subjective criteria for determination of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives according to appendix 5 to this joint order;

6) the list of subjective criteria for determination of risk degree behind compliance with law of the Republic of Kazakhstan about the electronic document and the digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 6 to this joint order.";

in Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about the National Archive Fund and archives approved by this order:

state heading in the following edition:

"Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies";

state Items 1 and 2 in the following edition:

"1. These Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies (further – Criteria), are developed according to Items 5 and 6 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About National Archive Fund and archives", the approved 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) and Rules of forming, regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts at No. 28577), are intended for reference of subjects of control to risk degrees and selection of subjects of control when carrying out preventive control with visit of subject (object) of control (further – preventive control).

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) insignificant violation – violation of requirements, regarding procedure for document creation and control of their execution, document transfer adherence to deadlines on storage, registrations of cases for transfer on storage, procedure for use of archive documents;

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

4) considerable violation – violation of requirements, namely:

on the organization of document flow, on accounting, storage of seals, stamps, forms, on acceptance, storage, accounting and use of documents of National Archive Fund (further – NAF) and other archive documents;

5) gross violation – violation of requirements which entailed or can entail:

illegal destruction (loss), spoil, forgery of NAF and other archive documents;

refusal in submission of the archive documents collected in accordance with the established procedure affecting the rights, freedoms and legitimate interests of physical person or legal entity, or provision to physical person or legal entity of incomplete or obviously false information;

6) 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;

7) 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;

8) 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;

9) 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;

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 (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;

11) the checking sheet – the list of requirements imposed to activities of subjects (objects) of control which non-compliance involves harm to legitimate interests of physical persons and legal entities, the states;

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.";

add with Item 5-1 in the following edition:

"5-1. The criteria for evaluation of risk degree and checking sheets applied to carrying out preventive control with visit of subject (object) of control affirm the joint act of regulatory state agencies, authorized body on entrepreneurship and are placed on Internet resources of regulatory state agencies according to Item 5 of article 141 of the Code.";

state Item 10 in the following edition:

"10. By objective criteria belong:

to high risk:

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