JOINT ORDER OF THE MINISTER OF EDUCATION OF THE REPUBLIC OF KAZAKHSTAN AND I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2023 No. 76, on March 30, 2023 No. 41

About modification and amendments in the joint order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 719 and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 843 "About approval of criteria for evaluation of risk degree and checking sheets on checks behind education system"

WE ORDER:

1. Bring in the joint order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 719 and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 843 "About approval of criteria for evaluation of risk degree and checking sheets on checks behind education system" (it is registered in the Register of state registration of regulatory legal acts at No. 12777) the following changes and amendments:

to state heading of the specified joint order in the following edition:

"About approval of criteria for evaluation of risk degree and checking sheets behind education system regarding preschool education and training, initial, main average, general secondary, technical and professional, postsecondary and additional education";

to state preamble of the specified joint order 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) evaluation criteria and risk managements behind education system regarding preschool education and training, initial, main average, general secondary, technical and professional, postsecondary and additional education according to appendix 1 to this joint order;

2) checking leaf behind education system regarding preschool education and training concerning the organizations of education realizing educational training programs of preschool education and training according to appendix 2 to this joint order;

3) checking leaf behind education system regarding primary, main secondary and general secondary education concerning the organizations of education realizing educational training programs of primary, main secondary and general secondary education according to appendix 3 to this joint order;

4) checking leaf behind education system regarding primary, main secondary and general secondary education concerning the organizations of education realizing educational training programs of primary, main secondary and general secondary education according to appendix 4 to this joint order;

5) checking leaf behind education system regarding technical and professional, postsecondary education concerning the organizations of education realizing educational programs of technical and professional, postsecondary education according to appendix 5 to this joint order;

6) checking leaf behind education system regarding technical and professional, postsecondary education concerning the organizations of education realizing educational programs of technical and professional, postsecondary education according to appendix 6 to this joint order;

7) checking leaf behind education system regarding additional education concerning the organizations of additional education of children according to appendix 7 to this joint order.";

1, 2 and 3 to be reworded as follows appendices according to appendices 1, 2 and 3 to this joint order;

add with appendices 4 and 5 according to appendices 4 and 5 to this joint order;

be reworded as follows appendices 6 and 7 according to appendices 6 and 7 to this joint order;

to exclude appendices 8 and 9 to the specified joint order.

2. To provide to committee on quality assurance in the field of formation of the Ministry of Public Education 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 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 joint 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.

Acting 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 Acting Minister of national economy of the Republic of Kazakhstan of March 30, 2023 No. 76, on March 30, 2023 No. 41

Appendix 1

to the joint Order of the acting minister of science and education of the Republic of Kazakhstan and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 719, on December 31, 2015 No. 843

Evaluation criteria and risk managements behind education system, regarding preschool education and training, initial, main average, general secondary, technical and professional, postsecondary and additional education

Chapter 1. General provisions

1. These Evaluation criteria and risk managements behind education system regarding preschool education and training, initial, main average, general secondary, technical and professional, postsecondary and additional education (further – Criteria) are developed according to Item 2 of Article 132, Items 5 and 6 of Article 141 and to Items 1 of 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 "About approval of form of checking leaf" of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts at No. 17371) and the order of the acting minister of national economy of the Republic of Kazakhstan "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management" of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts at No. 28577) and the inspections which are carried out on compliance to qualification or allowing requirements on the issued permissions are intended for selection of subjects (objects) of control for the purpose of carrying out to requirements for directed notifications according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – check on compliance to requirements) and preventive control with visit of subject (object) of control.

2. In these Criteria the following basic 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, 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 and (or) checks on compliance to 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 specific subject (object) of control and (or) release of such subject (object) of control from preventive control with visit of subject (object) of control and (or) checks on compliance to requirements;

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.

3. The criteria for evaluation of risk degree and checking sheets applied to carrying out preventive control with visit of subject (object) of control and (or) check on compliance to requirements 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.

Chapter 2. Procedure for forming of system of assessment and risk management when conducting check on compliance to requirements and preventive control of subjects (objects) of control

4. For risk management objectives when implementing preventive control with visit of subject (object) of control and (or) check on compliance to requirements, criteria for evaluation of risk degree for conducting check on compliance to 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 preventive control without visit of subject (object) of control and unscheduled inspections is performed on compliance to requirements, preventive control with visit of subject (object) of control.

Concerning subjects (objects) of control carried to low risk degree by objective criteria unscheduled inspections are carried out.

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.

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.

5. Depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier on each source of information requirements imposed to activities of subjects (objects) of control correspond to extent of violation – rough, considerable and insignificant.

Extent of violation (rough, considerable, insignificant) is appropriated according to the established determinations of gross, considerable, insignificant violations by subjective criteria.

6. Criteria for evaluation of risk degree for conducting check on compliance to requirements and preventive control of subjects (objects) of control are created by means of determination of objective and subjective criteria.

Paragraph 1. Objective criteria

7. Determination of objective criteria is performed by means of risk identification.

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

1) the organizations of education realizing educational training programs of preschool education and training, initial, main average, general average, educational programs of technical and professional, postsecondary and additional education which activities are conducted with violations of the law of the Republic of Kazakhstan in the field of education treat high risk;

2) the organizations of education realizing educational programs of children's music schools, children's art schools and children's schools of arts which activities are conducted with violations of the law of the Republic of Kazakhstan in the field of education treat average risk degree;

3) the organizations of education realizing educational programs of additional education which activities are conducted with violations of the law of the Republic of Kazakhstan in the field of education treat low risk degree.

Paragraph 2. Subjective criteria

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

1) forming of the database and information collection;

2) information analysis and risks assessment.

10. Forming of the database and information collection are necessary for identification of subjects (objects) of control violating the law of the Republic of Kazakhstan in the field of preschool education and training, initial, main average, general secondary, technical and professional, postsecondary and additional education.

11. For assessment of degree of risks by subjective criteria for carrying out preventive control with visit of subject (object) of control the following sources of information are used:

1) the results of monitoring of the reporting and data represented by the subject of control including by means of the information system "National Educational Database" (further – IS NOBD);

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

3) availability and the number of the confirmed claims and addresses to subjects (objects) of control which arrived from physical persons or legal entities, state bodies within one calendar year;

4) 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.

12. For assessment of degree of risks by subjective criteria for conducting check on compliance to requirements the following sources of information are used:

1) the results of monitoring of the reporting and data represented by the subject of control including by means of the information system "National Educational Database" (further – IS NOBD);

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

3) availability and the number of the confirmed claims and addresses to subjects (objects) of control which arrived from physical persons or legal entities, state bodies within one calendar year;

4) 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.

13. Based on the available information sources, the authorized body in the field of education creates the data on subjective criteria which are subject to the analysis and assessment in the field of:

1) preschool education and training according to appendix 1 to these Criteria;

2) primary, main secondary, general secondary education according to appendices 2 and 3 to these Criteria;

3) technical and professional, postsecondary education according to appendices 4 and 5 to these Criteria;

4) additional education according to appendix 6 to these Criteria.

14. The analysis and assessment of subjective criteria allows to concentrate conducting check on compliance to requirements and preventive control of subject (object) of control concerning subject (object) of control with the greatest potential risk.

In the analysis and assessment the data of subjective criteria which are earlier considered and used concerning specific subject (object) of control or data according to which the term of limitation period according to the legislation of the Republic of Kazakhstan expired are not applied.

Concerning the subjects of control which eliminated in full the issued violations following the results of the carried-out previous preventive control with visit and (or) checks on compliance to requirements their inclusion when forming schedules and lists for the next period of the state control is not allowed.

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

16. Priority of the applied sources of information and the importance of indicators of subjective criteria are established according to the list of subjective criteria for determination of risk degree by subjective criteria concerning the organizations of education implementing:

1) educational training programs of preschool education and training according to appendix 7 to these Criteria;

2) educational training programs of primary, main secondary, general secondary education according to appendix 8 to these Criteria;

3) to educational programs of technical and professional, postsecondary education according to appendix 9 to these Criteria.

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