ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2009 No. 71

About approval of the Instruction about conducting single state registration, accounting and control of the checks performed by state bodies of the Republic of Kazakhstan

For the purpose of further enhancement of the statistical reporting on registration of acts of purpose of the checks performed by state bodies of the Republic of Kazakhstan and reduction in compliance with the provisions of the law of the Republic of Kazakhstan of July 17, 2009 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning private entrepreneurship", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", I ORDER:

1. Approve the enclosed Instruction about conducting single state registration, accounting and control of the checks performed by state bodies of the Republic of Kazakhstan.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of November 14, 2007 No. 46 "About approval of the Instruction about conducting state registration, the statistical recording and control of the checks performed by state bodies of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts 5016).

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

2) to subjects of legal statistics and special accounting and territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective from the moment of its state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the order of the Attorney-General of the Republic of Kazakhstan of December 24, 2009 No. 71

The instruction about conducting single state registration, accounting and control of the checks performed by state bodies of the Republic of Kazakhstan

1. Introduction

1. This Instruction about conducting single state registration, accounting and control of the checks performed by state bodies of the Republic of Kazakhstan (further - the Instruction), is developed in pursuance of the Law of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" (further - the Law) and the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" regarding conducting single state registration, accounting and control of the checks performed by state bodies of the Republic of Kazakhstan concerning subjects of private entrepreneurship, public institutions, the state companies performing economic activity, being in jurisdiction of the Republic of Kazakhstan.

2. Single state registration, accounting and control of checks is exercised for the purpose of:

collection, accounting, the analysis and provision to state bodies, physical persons and legal entities of the reliable and sufficient legal statistical information created by results of the inspections which are carried out by state bodies of the Republic of Kazakhstan;

increases in efficiency and quality of human rights activities in the country in case of the planning and optimization of checks of activities of subjects of private entrepreneurship, public institutions and state companies performing economic activity.

3. In this Instruction the following concepts are used:

subjects of single state registration, accounting and control of checks - the state bodies authorized by the laws of the Republic of Kazakhstan on conducting checks of subjects of private entrepreneurship, public institutions, state companies and non-profit organizations, and also the physical persons which are not performing business activity in the cases provided by the laws of the Republic of Kazakhstan;

objects of checks of representatives state organovsubjekta of private entrepreneurship, public institutions and the state predpriyatiyanekommerchesky organizations and physical persons which are not performing business activity in the cases provided by the laws of the Republic of Kazakhstan;

the act of purpose of check - the legal act of state body which is drawn up with observance of the requirements established by legal acts of the Republic of Kazakhstan;

planning of checks - the annual procedure of systematization, optimization and streamlining of checks by authorized state bodies;

information accounting documents - material (paper, magnetic, optical) the carrier of legal statistical information of the established sample based on which data of the state legal statistics and special accounting are created.

2. State registration of acts of purpose of checks

4. The procedure of state registration includes registration of the act of purpose of check, about prolongation, suspension, renewal of term of conducting check, refusal in registration of the act of purpose of check, accounting of data on check and its results and removal from accounting in body for legal statistics and special accounting not performed.

The refusal in registration of acts of purpose of checks is allowed concerning business entities.

The procedure of state registration of acts of purpose of checks and respectively, requirements of this Instruction do not extend to the legal relationship connected with conducting checks:

public institutions concerning own territorial and structural subdivisions, subordinated state bodies, organizations and the organizations, and also legal entities in whom these public institutions act as the founder (participant) or the owner of property;

legality of content of persons in temporary detention centers, pre-trial detention centers and receivers distributors, carrying out operational search activities by criminal prosecution authorities;

in pursuance of the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets";

in the field of the relations provided by items 4 and the 5th article 33 of the Law.

In case of absence in the region of military or transport units of body for legal statistics and special accounting, registration of acts of purpose of check is performed by territorial subdivision of body for legal statistics and special accounting, with the subsequent transfer for data of information accounting documents no later than the next working day in the relevant military or transport unit of body for legal statistics and special accounting, for accounting and control.

5. Registration of the act of purpose of check is performed by body for legal statistics and special accounting prior to check in place of registration of object of check or in the place of implementation of the activities by it.

For registration in body for legal statistics and special accounting the act of purpose of check in duplicate (the original and the verified copy), the completed accounting card of data on the check performed by state body of the Republic of Kazakhstan according to appendix 1 to the Instruction is provided (further - accounting card ф. No. 1-P).

When maintaining the departmental automated systems of accounting of checks for state registration of check the specified documents signed by the digital signature go in the electronic format determined by body for legal statistics and special accounting.

In case of lack of the departmental automated system of accounting of checks, the act of purpose of check and accounting card ф. No. 1-P can be drawn up in electronic format and, after signing by the digital signature, are provided for registration by Internet resources of body for legal statistics and special accounting.

In case of carrying out unscheduled inspection on the objects which are on considerable distance from the location of the controlling and registering bodies, registration of the act of purpose of check is performed during the next five working days after the beginning of check.

6. In case of registration of the act of purpose of unscheduled inspection the employee of state body represents the original and the copy of the document which formed the basis for purpose of check, except as specified provided by the laws of the Republic of Kazakhstan.

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