Article 19-1. The procedure for carrying out inspections in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation with a visit to the subject (object) of control and supervision of the Forest Code of the Republic of Kazakhstan
1. Inspections involving visits to the subject (object) of control and supervision are subject to activities in the field of protection, protection, use of forest resources, forest reproduction and afforestation.
2. An official of the department of the authorized body, territorial divisions shall inspect works and activities in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation, as well as control over the unauthorized seizure of objects of flora and fauna with a visit to the subject (object) of control and supervision.
3. Based on the results of the inspections, depending on the established violations of the requirements of the forest legislation of the Republic of Kazakhstan, officials of the department of the authorized body, territorial divisions exercising state control over the condition, protection, protection of the forest fund, its use, reproduction of forests and afforestation, issue an act on the results of the inspection and an order to eliminate the violations identified in cases of violations.
4. In the absence of violations of the requirements established by the forest legislation of the Republic of Kazakhstan in accordance with paragraph 2 of Article 132 of the Business Code of the Republic of Kazakhstan, when conducting an inspection, a corresponding entry is made in the inspection results report.
5. An official of the department of the authorized body, territorial divisions shall immediately transfer materials to law enforcement agencies if the damage amounts to one hundred monthly calculation indices established by the law on the republican budget and effective on January 1 of the relevant financial year, or exceeds it, or draws up a protocol on an administrative offense if the damage amounts to one hundred monthly calculation indices established by by the Law on the Republican budget and effective on January 1 of the relevant fiscal year, in case of detection:
1) on the territory of the state forest fund, violations of:
the fact of illegal logging;
destruction or damage of trees and shrubs;
destruction or damage of forest crops, seedlings, seedlings in forest nurseries and plantations, young animals of natural origin, undergrowth, self-seeding in areas intended for forest reproduction and afforestation;
destruction or damage of trees and shrubs as a result of careless handling of fire or other source of increased danger;
2) intentional destruction or damage of objects of the state nature reserve fund.
6. Frequency of inspections:
Complex events are held once a year.;
thematic – four times a year (spring and autumn revisions of the rounds, preparation for the fire season, forestry work).
The duration of inspections is no more than ten working days and, with an extension of the inspection period, up to five working days. The reasons for extending the verification period are:
1) natural and climatic factors (forest fires, river flooding, avalanches, rockfalls, mudslides, snowfalls, hurricanes, heavy rains and others);
2) newly identified circumstances (the detected volume of illegal logging, the establishment of the areas of affected areas of forest reproduction, etc.).
IZPI's note! Paragraph 7 is amended by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).
7. Unscheduled inspections are ordered based on requests from individuals or legal entities for specific facts about harm to life, human health, the environment and the legitimate interests of individuals and legal entities, the state, instructions from the prosecutor's office and other law enforcement agencies, appeals from government agencies, as well as in cases of large forest fires and the detection of illegal logging.
The deadlines for unscheduled inspections are no more than five working days and, with an extension of the inspection period, up to three working days.
8. According to the scope of the check, they are divided into:
1) Comprehensive;
2) thematic.
A comprehensive audit is an audit of the activities of subjects (objects) of control and supervision on a range of issues related to compliance with the requirements of the forest legislation of the Republic of Kazakhstan in terms of protection, protection, use of forest resources, forest reproduction and afforestation, as well as control over unauthorized seizure of flora and fauna.
A thematic audit is an audit of the activities of subjects (objects) of control and supervision on certain issues of compliance with the requirements of the forest legislation of the Republic of Kazakhstan in terms of protection, protection, use of the forest fund, forest reproduction and afforestation.
9. The basis for the appointment of an inspection is the order of the first head of the department of the authorized body or the first head of the territorial division. The grounds for issuing the relevant order are:
1) the analysis and monitoring of the activities of subjects (objects) of control and supervision;
2) Annual inspection schedule;
3) the results of monitoring previous inspections.
10. Officials of the department of the authorized body, territorial divisions, who arrived for inspection, are required to present to the subject:
1) an order for the appointment of an inspection;
2) official identification card;
3) if necessary, a permit from the competent authority to visit sensitive facilities.
The date of delivery of the inspection order to the subject being checked is considered to be the beginning of the inspection.
4) space monitoring data containing signs of violations of the legislation of the Republic of Kazakhstan.
11. The results of inspections may be appealed by the audited entity in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
12. Territorial divisions monitor the execution and passage of materials on the facts of identified violations of the forest legislation of the Republic of Kazakhstan in various instances, taking into account the current deadlines for appealing and executing decisions.
13. In order to account for violations and analyze their dynamics by number, types and places of violation, territorial divisions keep a log of violations of the forest legislation of the Republic of Kazakhstan, seized implements of illegal use of natural resources and illegally extracted forest resources and wildlife.
14. Inspections involving visits to the subject (object) of control and supervision are considered invalid if they are conducted by officials of the department of the authorized body, territorial divisions in gross violation of the requirements for the organization and conduct of inspections.
Consideration by a higher state body of the application of the subject of control and supervision on the cancellation of the act on the results of the audit in connection with the invalidity of the audit and the cancellation of the order to eliminate the violations identified in connection with the invalidity of the results of the audit with a visit to the subject (object) of control and supervision is carried out within ten working days from the date of filing the application.
The recognition by a higher state body of the results of an inspection with a visit to the subject (object) of control and supervision as invalid is the basis for their cancellation.
The act on the results of the inspection and the order to eliminate the identified violations based on the results of inspections with visits to the subject (object) of control and supervision, declared invalid, cannot be evidence of violations by the subjects of control and supervision of the requirements established in accordance with paragraph 2 of Article 132 of the Entrepreneurial Code of the Republic of Kazakhstan.
Gross violations of inspections include:
1) the absence of grounds for conducting an inspection with a visit to the subject (object) of control and supervision;
2) the absence of an order to appoint an inspection with a visit to the subject (object) of control and supervision;
3) failure to submit to the subject of control and supervision an order to appoint an inspection with a visit to the subject (object) of control and supervision;
4) the appointment by the department of the authorized body, territorial divisions of inspections with visits to the subject (object) of control and supervision on issues outside their competence;
5) violation of the deadlines for conducting inspections with a visit to the subject (object) of control and supervision.
When conducting an inspection with a visit to the subject (object) of control and supervision, officials of the department of the authorized body and territorial divisions may not:
1) require the provision of documents and information if they are not the objects of verification or do not relate to the subject of verification;
2) disclose and (or) disseminate information obtained as a result of an inspection with a visit to the subject (object) of control and supervision and constituting a commercial, tax or other legally protected secret, except in cases provided for by the laws of the Republic of Kazakhstan;
3) exceed the established time limits for conducting an inspection with a visit to the subject (object) of control and supervision;
4) conduct an inspection with a visit to the subject (object) of control and supervision, in respect of which an inspection was previously conducted with a visit to the subject (object) of control and supervision by its superior (subordinate) body or other state body, on the same issue for the same period, except for the cases provided for in paragraph 7 this article;
5) to carry out costly measures for the purposes of state control at the expense of the audited entities.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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