Article 14-2. Rapid response measures and the procedure for their application in the field of veterinary medicine of the Veterinary Law

Home / RLA / Article 14-2. Rapid response measures and the procedure for their application in the field of veterinary medicine of the Veterinary Law

1. During the implementation and (or) based on the results of state control, state veterinary and sanitary inspectors apply rapid response measures in cases of violations of requirements that pose an immediate threat to the life and health of people, animals, the environment, as well as food security of the Republic of Kazakhstan.

2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision provided for in this article, applied during the implementation and (or) based on the results of an inspection, preventive control with a visit to the subject of control and supervision and investigation, as well as state control in accordance with subparagraphs 4) and 7) of paragraph 4, subparagraph 2) of paragraph 9 of Article 129 of the Entrepreneurial Code of the Republic of Kazakhstan.

3. Rapid response measures include:

1) prohibition of import, export, transit, transportation (movement), production, use and sale of relocated (transported) objects, return of relocated (transported) objects that do not comply with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, international treaties of the Republic of Kazakhstan and acts constituting the law of the Eurasian Economic Union;

2) suspension, withdrawal (revocation), termination of a permit in the field of veterinary medicine;

3) prohibition, suspension of activities or certain types of activities in accordance with the laws of the Republic of Kazakhstan;

4) seizure and destruction of animals, products and raw materials of animal origin that pose a danger to animal and human health;

5) stopping the vehicle and detaining the objects being moved (transported).

4. The grounds for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with paragraphs 4) and 7) of paragraph 4, subparagraph 2) paragraph 9 of Article 129 and Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.

When conducting an investigation to establish the causes of violations of the requirements of the legislation of the Republic of Kazakhstan and identify the subjects (objects) of control and supervision that have violated these requirements, rapid response measures are applied only to violations of the requirements set out in the checklists.

5. If violations of the requirements that are the basis for the application of rapid response measures are detected, the state veterinary and sanitary inspectors draw up an act of supervision in the form approved by the authorized body.

The act of supervision is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

6. After registration of the act of supervision based on the results of state control on the basis of subitems 4) and 7) of paragraph 4, subitem 2) of paragraph 9 of Article 129 of the Business Code of the Republic of Kazakhstan, the veterinary and sanitary inspector shall directly apply an operational response measure.

7. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act of supervision.

The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

8. Refusal to receive an act of supervision is not a reason for its non-fulfillment.

9. Violations of requirements identified during the implementation and (or) based on the results of state control, which are the basis for the application of rapid response measures, are reflected in the acts on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection, investigation, as well as in the instruction on the elimination of identified violations of the requirements of the legislation of the Republic of Kazakhstan in areas of veterinary medicine.

10. The subject of control and supervision is obliged to eliminate the identified violations of the requirements that are the basis for the application of a rapid response measure, within the time limits specified in the act of investigation, as well as in the instruction to eliminate the identified violations of the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

11. Upon the expiration of the period for eliminating violations of the requirements specified in the investigation report and the order to eliminate the identified violations of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, an unscheduled inspection is conducted to control the elimination of the identified violations of the requirements that are the basis for applying an operational response measure.

The supervision act is terminated if the territorial division of the authorized body confirms that the identified violations of the requirements that are the basis for applying a prompt response measure have been eliminated, based on the results of an unscheduled inspection according to subparagraph 2-1) of paragraph 5 of Article 144 of the Law.

President

Republic of Kazakhstan

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