JOINT ORDER OF I.O. MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN AND I.O. MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2025 No. 85-HK, 2 of May, 2025 No. 25

About approval of criteria for evaluation of risk degree and checking leaf to the subjects of natural monopolies performing services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions

According to Item 5 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, we ORDER:

1. Approve enclosed:

1) criteria for evaluation of risk degree to the subjects of natural monopolies performing services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions according to appendix 1 to this joint order;

2) checking leaf in the field of natural monopolies on services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions, according to appendix 2 to this joint order.

2. To provide to department of tariff policy of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan in the procedure established by the legislation:

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 Water Resources and Irrigation of the Republic of Kazakhstan after its official publication;

3) within five working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan its direction in Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan for placement in the information system "Unified Register of Subjects and Objects of Checks".

3. To impose control of execution of this joint order on the supervising vice-Minister of Water Resources and Irrigation of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the joint Order of the deputy. The Minister of Water Resources and Irrigation of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of April 30, 2025 No. 85-HK, 2 of May, 2025 No. 25

Criteria for evaluation of risk degree to the subjects of natural monopolies performing services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree to the subjects of natural monopolies performing services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions (further - Criteria) are developed according to Items 5 and 6 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code), Rules of forming by the 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 behind No. 28577) and form of checking leaf approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371).

2. In these Criteria the following concepts are used:

1) subjects of control (objects) are the subjects of natural monopoly providing regulated services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions;

2) point – quantitative measure of calculation of risk;

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

4) insignificant violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of natural monopoly which are not relating to considerable and gross violations;

5) considerable violations – the violations of requirements of the legislation of the Republic of Kazakhstan in the field of natural monopoly creating premises for damnification of life, to health of the person, the environment and legitimate interests of physical persons and legal entities, the states;

6) gross violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of natural monopoly which can lead to fundamental breaches of the rights, freedoms and legitimate interests of physical persons and legal entities;

7) 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;

8) 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;

9) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of the checked subjects (objects) of control depending on results of activities of the specific checked subject (object) of control;

10) 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;

11) 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;

12) 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, the environment, legitimate interests of physical persons and legal entities, the states.

3. For fields of activity of subjects (objects) of control carried to high and average risk degree are carried out preventive control with visit of subject (object) of control, preventive control without visit of subject (object) of control and unscheduled inspection.

For fields of activity of subjects (objects) of control carried to low risk degree are carried out preventive control without visit of subject (object) of control and unscheduled inspection.

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.

Chapter 2. Objective criteria

5. For risk management objectives when implementing preventive control with visit of subject (object) of control, 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 which are performed step by step (the Multicriteria analysis of decisions).

At the first stage the state body by objective criteria is carried by subjects (objects) of control to one of the following risk degrees (further – risk degrees):

1) high risk;

2) average risk;

3) low risk.

For fields of activity of subjects (objects) of control carried to high and average risk degree by objective criteria are carried out preventive control with visit of subject (object) of control, preventive control without visit of subject (object) of control and unscheduled inspection.

For fields of activity of subjects (objects) of control carried to low risk degree by objective criteria are carried out preventive control without visit of subject (object) of control and unscheduled inspection.

At the second stage the state body by subjective criteria is carried by subjects (objects) of control 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;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info