of June 29, 2012 No. 91, of July 17, 2012 No. 223
About approval of criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of TV and radio broadcasting
For the purpose of realization of item 4 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" and subitem 18 of article 7 of the Law of the Republic of Kazakhstan of January 18, 2012 "About TV and radio broadcasting" we ORDER:
1. Approve the enclosed Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of TV and radio broadcasting.
2. To provide to committee of information and archives of the Ministry of Culture and information of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan;
3) publication of this order on official Internet resource of the Ministry of Culture and information of the Republic of Kazakhstan.
3. To impose control of execution of this order on the Chairman of Committee of information and archives of the Ministry of Culture and information (Kalianbekov B. S.
4. This joint order becomes effective after ten calendar days after day of its first official publication.
|
Minister of Culture and Information of the Republic of Kazakhstan D. Mengbai |
Acting Minister of Economic Development and Trade Republic of Kazakhstan M. Abylkasymova |
Approved by the joint order of the Minister of Culture and Information of the Republic of Kazakhstan of June 29, 2012 No. 91 and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of July 17, 2012 No. 223
1. Criteria for evaluation of risk degree in the field of TV and radio broadcasting of the Republic of Kazakhstan (further - Criteria) are developed according to the Laws of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", of January 18, 2012 "About TV and radio broadcasting" for reference of the checked subjects of private entrepreneurship in the field of TV and radio broadcasting to degrees of risks.
2. In Criteria the following concepts are used:
1) the checked subjects are operators of TV and radio broadcasting and TV, radio companies.
3. Frequency of conducting planned inspections is determined depending on risk degree with frequency not more often:
once a year - in case of high risk;
once in three years - in case of average risk degree;
once in five years - in case of insignificant risk degree.
4. Reference of the checked subjects on risk degrees is performed by initial and subsequent distribution.
5. In case of initial distribution operators of TV and radio broadcasting and TV company treat high risk, radio companies belong to average risk degree.
6. Subsequent distribution of the checked subjects on risk groups is performed based on criteria for evaluation of risk degree depending on the amount of the gained points.
7. By each criterion of risk specified in appendices 1, 2 and 3 to these Criteria the corresponding points having the extreme size are appropriated.
8. Points by criteria of risk are summed up for determination of general total result by all criteria.
9. Total results of result on all criteria of risk are used for distribution of the checked subjects on degrees of risks.
10. Subsequent distribution of the checked subjects on degrees of risks is performed as follows:
1) high risk - over 25 points;
2) average risk degree - from 15 to 25 points (inclusive);
3) insignificant risk degree - to 15 points (inclusive).
11. Selection of the checked subjects on conducting planned inspection in one risk group is performed by the principle:
1) the greatest number of the gained points;
2) the greatest not checked period.
to Criteria in the field of private entrepreneurship in the field of TV and radio broadcasting
|
The checked subjects |
Criteria for evaluation of degree of risks |
Point |
|
1. For the checked subjects |
Not observance of requirements for non-proliferation of information propagandizing suicide |
3 |
|
Not observance of requirements for non-proliferation of information of the cruelty propagandizing cult and violence, social, racial, national, religious, class and patrimonial superiority |
3 | |
|
Not observance of requirements for non-proliferation of information propagandizing violent change of the constitutional system, violation of integrity of the Republic of Kazakhstan, undermining safety of the state |
3 | |
|
Not observance of requirements for non-proliferation of information propagandizing extremism or terrorism |
3 | |
|
Not observance of requirements for non-proliferation of information of the international and interfaith hostility directed to kindling |
3 | |
|
Not observance of requirements for non-proliferation TV, radio programs, TV, the radio channels showing film video production of pornographic and special sexual and erotic nature |
3 | |
|
Distribution of the movies indexed according to the Law of the Republic of Kazakhstan "About culture" the E 18 index to the period from 06:00 till 22:00 local time |
5 | |
|
Relaying TV, radio channel, TV, the radio programs performed with modification of content if other is not provided by the contract between operators of TV and radio broadcasting and TV, radio company - the owner |
2 | |
|
Not observance of cable TV and radio broadcasting by operators and TV, radio company the requirement when broadcasting and (or) relaying obligatory TV, radio channels based on offsets |
3 | |
|
Distribution of advertizing of the Republic of Kazakhstan which is not corresponding to the Law "About advertizing" |
5 | |
|
|
Distribution of the additional information of the area of shot exceeding fifteen percent. |
2 |
to Criteria in the field of private entrepreneurship in the field of TV and radio broadcasting
|
The checked subjects |
Criteria for evaluation of degree of risks |
Point |
|
2. For operators of TV and radio broadcasting |
Not distribution of TV and radio broadcasting by operators obligatory TV, radio channels |
5 |
|
|
Lack of the contract for distribution TV, radio channels, TV, radio programs between the operator of TV and radio broadcasting and TV, radio company - the owner |
3 |
|
|
Distribution foreign TV, the radio channels which are not registered in authorized body |
5 |
to Criteria in the field of private entrepreneurship in the field of TV and radio broadcasting
|
The checked subjects |
Criteria for evaluation of degree of risks |
Point |
|
3. For TV, radio companies |
Not observance of weekly amount and interval of time TV, radio programs in Kazakh by single-channel transfer of sound / or not use of the main soundtrack in Kazakh in case of multichannel sound transmission |
5 |
|
|
Distribution on TV channel less than one TV program of news nature from providing with sign language translation or transfer in the form of subtitlings |
2 |
|
|
Lack of documents, confirmatory property rights of the owner TV, radio channel on rooms and squares with separate entrance or on its lease, including: special rooms for placement and operation of the technical means necessary for TV and radio broadcasting functioning (studio, hardware, auxiliary); rooms for accommodation of creative personnel (editorial); rooms for administrative and management personnel. |
3 |
|
|
Distribution foreign TV, the radio programs exceeding more than twenty percent from total amount TV, radio programs in weekly amount of broadcasting domestic body, radio channel |
3 |
|
|
Record and storage broadcast and relayed TV, radio programs less than six months |
3 |
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The document ceased to be valid since October 13, 2015 according to Item 2 of the joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 741, on July 20, 2015 No. 542