JOINT ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 14, 2023 No. 443, on June 15, 2023 No. 114

About approval of criteria for evaluation of risk degree and checking sheets in the field of turnover of arms, military equipment and separate types of weapon

According to articles 141 and 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:

1. Approve:

1) criteria for evaluation of risk degree in the field of turnover of arms, military equipment and separate types of weapon for conducting the inspections which are carried out on compliance to qualification requirements according to appendix 1 to this joint order;

2) checking leaf in the field of turnover of arms, military equipment and separate types of weapon on activities subspecies development, production of ammunition, arms and military equipment, spare parts, components and devices to them, special materials, the equipment for their production, including installation, adjustment, upgrade, installation, use, storage, repair and field service according to appendix 2 to this joint order;

3) checking leaf in the field of turnover of arms, military equipment and separate types of weapon on activities subspecies repair of ammunition, arms and military equipment, spare parts, components and devices to them, special materials, the equipment for their production, including installation, adjustment, upgrade, installation, use, storage, repair and field service according to appendix 3 to this joint order;

4) checking leaf in the field of turnover of arms, military equipment and separate types of weapon on activities subspecies acquisition and realization of ammunition, arms and military equipment, spare parts, components and devices to them, special materials, the equipment for their production, including installation, adjustment, upgrade, installation, use, storage, repair and field service according to appendix 4 to this joint order;

5) checking leaf in the field of turnover of arms, military equipment and separate types of weapon on activities subspecies liquidation by means of destruction, utilizations, burials and conversion of the released ammunition according to appendix 5 to this joint order;

6) checking leaf in the field of turnover of arms, military equipment and separate types of weapon on activities subspecies liquidation by means of destruction, utilizations, burials and conversion of the released arms, military equipment, special means according to appendix 6 to this joint order.

2. Declare invalid the joint order the joint order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of April 1, 2020 No. 176 and the Minister of national economy of the Republic of Kazakhstan of April 9, 2020 No. 27 "About approval of criteria for evaluation of risk degree and checking sheets in the field of turnover of arms, military equipment and separate types of weapon" (it is registered in the Register of state registration of regulatory legal acts at No. 20408).

3. To provide to department of defense industry complex of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

5. This joint order becomes effective after ten calendar days from the date of its first official publication.

Appendix 1

to the joint Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 14, 2023 No. 443, on June 15, 2023 No. 114

Criteria for evaluation of risk degree in the field of turnover of arms, military equipment and separate types of weapon for conducting the inspections which are carried out on compliance to qualification requirements

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of control on compliance to qualification requirements in the field of turnover of arms, military equipment and separate types of weapon (further – Criteria) are developed according to articles 141 and 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law), 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" (No. 48 "About approval of rules of forming by regulatory state agencies of system of assessment and risk management is registered in the Register of state registration of regulatory legal acts for No. 17371) and the order of the acting minister of national economy of the Republic of Kazakhstan of June 23, 2022 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 for No. 28577), the order of the Minister of digital development, the defense and aerospace industry of the Republic of Kazakhstan of April 24, 2019 No. 53/Tax Code "About Approval of Qualification Requirements for Implementation of Activities for Development, Production, Repair, Acquisition and Realization of Ammunition, Arms and Military Equipment, Spare Parts, Components and Devices to Them, and also Special Materials and the Equipment for Their Production, including Installation, Adjustment, Upgrade, Installation, Use, Storage, Repair and Field Service and the List of the Documents Confirming Compliance to Them" (No. 54/Tax Code "About approval of qualification requirements for implementation of activities for liquidation is registered in the Register of state registration of regulatory legal acts for No. 18594), the order of the Minister of digital development, the defense and aerospace industry of the Republic of Kazakhstan of April 24, 2019 (to destruction, utilization, to burial) and conversion of the released ammunition, arms, military equipment, special means and the list of the documents confirming compliance to them" (it is registered in the Register of state registration of regulatory legal acts for No. 18605), for the purpose of reference of subjects (objects) of control in the field of control on compliance to qualification requirements in the field of turnover of arms, military equipment and separate types of weapon on risk degrees

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) insignificant violations – violations of qualification requirements to the corresponding subspecies of activities which do not pose direct threat for life and health of the person, namely, lack of scientific base in the form of set of normative and technical documents, instructions for safe work, the official who is responsible for fire safety and contracts for armed security forces of technological base;

3) qualification requirements – set of the quantitative and high-quality standard rates and indicators characterizing capability of the applicant and licensee to be engaged in the separate licensed type of activity and (or) subspecies of the licensed type of activity, shown as when licensing and (or) appendices to the license, and throughout the entire period of time of its reality;

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

5) considerable violations – violations of qualification requirements to the corresponding subspecies of activities regarding absence of qualification list of the corresponding specialists, processing equipment, the office for accommodation of the working personnel, measuring instruments and the magazine on accounting and storage of products;

6) the licensee – physical person or legal entity, and also branch of the foreign legal entity which object of activity is rendering financial services, having the license;

7) the license – the permission of the first category issued by the licensor to physical person or legal entity, and also branch of the foreign legal entity which object of activity is rendering financial services, on implementation of the licensed type of activity or subspecies of the licensed type of activity connected with the high level of danger;

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