The joint order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan and the Minister of Economic Development and Trade of the Republic of Kazakhstan

of November 28, 2012 No. 429, on December 5, 2012 No. 328

About approval of criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of turnover of poisons, arms, military equipment and separate types of weapon, explosive and pyrotechnic substances and products with their application

 According to 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" we ORDER:

1. Approve:

1) criteria for evaluation of risk degree in the field of private entrepreneurship in the field of turnover of poisons according to appendix 1 to this order.

2) criteria for evaluation of risk degree in the field of private entrepreneurship in the field of arms, military equipment and separate types of weapon, explosive and pyrotechnic substances and products with their application according to appendix 2 to this order.

2. To committee of the industry of the Ministry of the industry and new technologies of the Republic of Kazakhstan (Karibayev E. G.) in the procedure established by the legislation to provide:

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

2) the direction on official publication in mass media within ten calendar days 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 the industry and new technologies of the Republic of Kazakhstan.

3. Declare invalid the joint order of the Acting Minister of the industry and new technologies of the Republic of Kazakhstan of August 21, 2010 No. 242 and the Minister of Economic Development and Trade of the Republic of Kazakhstan of September 2, 2010 No. 171 "About approval of Criteria for evaluation of degree of risks in the field of turnover of poisons, arms, military equipment and separate types of weapon, explosives and products with their application" (No. registered in the register of state registration of regulatory legal acts on October 8, 2010 6528, No. 44-45 published in the Kazakhstanskaya Pravda newspaper of February 8, 2011 (26465-26466).

4. To impose control of execution of this order on the first vice-minister of the industry and new technologies of the Republic of Kazakhstan Rau A. P.

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

 

The deputy prime minister of the Republic of Kazakhstan is the Minister of the industry and new technologies of the Republic of Kazakhstan

A. Isekeshev

Minister of Economic Development and Trade of the Republic of Kazakhstan

E. Dosayev

Appendix 1

to the joint order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of the industry and new technologies of the Republic of Kazakhstan of November 28, 2012 No. 429 and the Minister of Economic Development and Trade of the Republic of Kazakhstan of December 5, 2012 No. 328

Criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of turnover of poisons

1. These Criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of turnover of poisons (further - Criteria) are developed according to the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan".

2. In Criteria the following concepts are used:

1) risk - probability of damnification of life and to health of citizens, valuable interests of the state, taking into account severity of its effects.

2) subjects of control - the physical persons and legal entities having the license by sight of activities for production, conversion, acquisition, storage, realization, use, destruction of poisons.

3. Criteria in the field of turnover of poisons are subdivided on:

1) objective, based on the importance of risks, depending on the performed type of activity of subjects of control;

2) subjective, determined depending on the violations of the law allowed by subjects of control in the field of licensing revealed by results of checks.

4. Primary reference of subjects of control to risk groups is performed taking into account objective criteria.

5. The subsequent reference of subjects of control to risk groups is performed taking into account subjective criteria.

6. The checked subjects taking into account objective criteria for evaluation of risk degree in the field of turnover of poisons:

1) the subjects of control performing concern group of high risk:

production, conversion, storage, realization, destruction of poisons;

acquisition, storage, realization, use of poisons;

2) the subjects of control performing acquisition, storage, realization of poisons concern group of average risk;

3) by objective criteria subjects of control do not concern group of insignificant risk.

7. Subsequent distribution of the checked subjects on risk groups is performed according to appendix to Criteria for evaluation of degree of risks in the field of private entrepreneurship in the field of turnover of poisons.

8. Points by criteria of risk are summed up for determination of general total result.

9. Total results of result are used for distribution of the checked subjects on the corresponding risk degrees, in the following procedure:

1) the subjects of control which gained from 7 and more points following the results of checks concern group of high risk;

2) the subjects of control which gained following the results of checks from 3 and up to 6 points inclusive concern group of average risk;

3) the subjects of control which gathered following the results of checks from 0 to 2 points inclusive concern group of insignificant risk;

4) subjects of control of high risk can be transferred to average and insignificant risk degrees;

5) subjects of control of average risk degree can be transferred to insignificant risk degree;

6) subjects of control of average and insignificant risk degree can be transferred to higher and lower risk degrees;

7) subjects of control of insignificant risk degree can be transferred to average risk degree.

10. Selection of the checked subjects on conducting planned inspection in one risk group is performed by the principle:

1) to the greatest not checked period;

2) to the greatest number of the gained points.

Appendix

to Criteria for evaluation of degree of risks in sferechastny entrepreneurships in the field of turnover of poisons