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

of March 12, 2026 No. 42, on March 13, 2026 No. 16

About introduction of amendments to the joint order of the Minister of investments to development of the Republic of Kazakhstan of December 29, 2015 No. 1264 and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 842 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about tourist activities"

WE ORDER:

1. Bring in the joint order of the Minister of investments and development of the Republic of Kazakhstan of December 29, 2015 No. 1264 and the acting minister of national economy of the Republic of Kazakhstan of December 31, 2015 No. 842 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about tourist activities" (it is registered in the Register of state registration of regulatory legal acts at No. 12991) the following changes:

in the Criteria for evaluation of risk degree in the field of tourist activities approved by the specified joint order:

state Item 1 in the following edition:

"1. These Criteria for evaluation of risk degree in the field of tourist activities (further - Criteria) are developed for measure definition of risks for the purpose of reference of subjects (objects) of control in the field of tourist activities to risk degrees 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), and also with 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" (it is registered in the Register of state registration of regulatory legal acts at No. 17371), the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management 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 regulatory legal acts at No. 28577) for the purpose of carrying out preventive control with visit of subject (object) of control and (or) check on compliance to qualification requirements of the legislation of the Republic of Kazakhstan in the field of tourist activities.";

state Item 2 in the following edition:

"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) considerable violations - the violations of the requirements established in the Law of the Republic of Kazakhstan "About tourist activities in the Republic of Kazakhstan" (further - the Law), interfering receipt of high-quality tourist servicing by citizens of the Republic of Kazakhstan, being tourists;

4) insignificant violations - the violations limiting receipt of reliable information by citizens of the Republic of Kazakhstan, being tourists;

5) gross violations - violations of the requirements established in the Law regarding lack of the notification on the beginning of tourist agency activities (further - tourist's agency activities), contracts for tourist servicing and contracts for realization of the tourist product created by the tourist operator (further - tour operator), the signed bank guarantee agreement of tour operator in the field of outbound tourism with bank of the second level, the payment document confirming transfer to the special account of money from each tourist product, the agreement of compulsory insurance of the tourist, and also confirmation availability about provision of the data on features of travel and dangers to citizens of the Republic of Kazakhstan being tourists;

6) 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;

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 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 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 qualification requirements (further - checks on compliance to requirements);

11) 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;

12) objects of control in the field of tourist activities (further - objects of control) - the property which is on the property right or other legal cause at the subject of control in the field of tourist activities, subject to the state control;

13) subjects of control in the field of tourist activities (further - subjects of control) - tour operators, tourist agents (further - the travel agent), and also the guides, guides, instructors of tourism performing activities in the Republic of Kazakhstan as individual entrepreneurs;

14) 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 3 in the following edition:

"3. The local executive body of area, city of republican value, the capital for risk management objectives when implementing preventive control with visit of subject (object) of control and (or) check on compliance to requirements of the legislation of the Republic of Kazakhstan in the field of tourist activities, and preventive control of subjects (objects) of control creates criteria for evaluation of risk degree for conducting check on compliance to requirements 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 local executive body of area, city of republican value, the capital by objective criteria carries subjects (objects) of control to one of the following 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 preventive control with visit of subject (object) of control, preventive control without visit of subject (object) of control and unscheduled inspection is performed on compliance to requirements of the legislation of the Republic of Kazakhstan in the field of tourist activities.

For fields of activity of subjects (objects) of control carried to low risk degree by objective criteria preventive control without visit of subject (object) of control and unscheduled inspection is performed on compliance to requirements of the legislation of the Republic of Kazakhstan in the field of tourist activities.

At the second stage the local executive body of area, city of republican value, the capital by subjective criteria carries 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;

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 12 in the following edition:

"12. Based on the available information sources, the local executive body of area, city of republican value, the capital creates the data on subjective criteria which are subject to the analysis and assessment.

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.

At the same time 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.

Based on the sources of information determined in Item of 11 these Criteria extents of violations of requirements for carrying out preventive control with visit of subjects of tourist activities according to appendix 1 and extent of violations of requirements for conducting check of compliance to requirements of subjects of tourist activities according to appendix 2 to these Criteria are determined.";

state Items 14 and 15 in the following edition:

"14. The system of assessment and risk management is conducted with use of the digital systems carrying subjects (objects) of control to specific risk degrees and creating schedules or lists of holding control actions and also is based on the state statistics, results of departmental statistical observation, and also information tools.

In the absence of digital system of assessment and risk management minimum admissible threshold of amount of subjects (objects) of control concerning which are performed preventive control with visit of subject (object) of control and (or) check on compliance to requirements shall not exceed five percent from total quantity of such subjects of control in certain sphere of the state control.

15. 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 3 these Criteria.

The local executive body of area, city of republican value, the capital collects information and creates the database on subjective criteria of sources according to Item of 11 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 13 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 13 these Criteria.

Calculation is made on each subject (object) of control of homogeneous group of subjects (objects) of control of 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.".

2. To provide to committee of the industry of tourism of the Ministry of tourism and sport 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) within three working days after enforcement of this joint order placement it on Internet resource of the Ministry of tourism and sport of the Republic of Kazakhstan;

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";

4) within three working days after execution of subitems 1), 2) and 3) of Item 2 presents of the joint order to provide provision of information in Department of legal service of the Ministry of tourism and sport of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on the supervising deputy minister of tourism and sport of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication, except for paragraphs forty three, forty four and forty five Item of 1 present of the joint order which become effective since July 12, 2026.

Acting minister of national economy of the Republic of Kazakhstan

__________ A. Amrin

Minister of tourism and sport of the Republic of Kazakhstan

__________ E.Myrzabosynov

It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

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