On the introduction of a moratorium on inspections and preventive monitoring of visits in the Republic of Kazakhstan

Decree of the President of the Republic of Kazakhstan dated December 26, 2019 No. 229.

 In order to improve the conditions for the development of small businesses, including microenterprises, in the Republic of Kazakhstan, I HEREBY DECREE:

     1. Central state and local executive bodies shall terminate inspections and preventive control with visits to small businesses, including microenterprises, from January 1, 2020 to January 1, 2024, with the exception of:

     1) inspections aimed at preventing or eliminating violations that potentially pose a massive threat to the life and health of the population, the environment, legality and public order; direct or immediate threat to the constitutional order and national security, as well as conducted on the grounds provided for by the Law of the Republic of Kazakhstan dated July 4, 2003 "On State Regulation, Control and supervision of the financial market and financial organizations";

     2) inspections in accordance with subparagraph 1) this paragraph in cases where, in order to identify the causes of violations of the requirements established by the legislation of the Republic of Kazakhstan, it is not enough to conduct one unscheduled inspection on a specific fact in relation to a specific subject (object) of control and supervision and control and supervision are required in relation to other entities related to this specific fact.;

     2-1) unscheduled inspections conducted in accordance with the Business Code of the Republic of Kazakhstan;

     3) inspections and preventive monitoring with visits conducted on the basis of requests from business entities regarding their own activities, including upon application for a permit in accordance with the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications";

     4) inspections on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014;

     5) inspections of the Prosecutor's office on behalf of the President of the Republic of Kazakhstan and the Prosecutor General of the Republic of Kazakhstan;

     6) Customs checks;

     7) counter-tax audits;

     8) thematic tax audits on the issues of determining mutual settlements between a taxpayer and his debtors, registration with tax authorities, and execution of orders to suspend cash transactions issued by the tax authority;

     9) preventive supervision with visits for the purpose of selecting and conducting sanitary and epidemiological expertise of products for monitoring product safety in the field of sanitary and epidemiological welfare of the population;

     10) inspections and preventive control with visits for compliance with the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment;

     11) subsurface users;

     12) objects of state audit and financial control;

     13) inspections of compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection in relation to participants in public procurement, whose actions show signs of a cartel;

     14) inspections and preventive control with visits for compliance with the land legislation of the Republic of Kazakhstan.

     The footnote. Paragraph 1 as amended by Decrees of the President of the Republic of Kazakhstan dated 09/17/2020 No. 417 (effective from the date of its first official publication); dated 01/31/2022 No. 798 (effective from the date of its first official publication); dated 08/9/2022 No. 971; dated 12/7/2022 No. 44 (effective from 01/01/2023).

     2. To establish that the inspections provided for in subitems 1) and 2) of paragraph 1 of this Decree are carried out on the basis of a decision of the first head of the central state or local executive body.

     3. This Decree does not apply to inspections and preventive control and supervision involving visits to small businesses, including microenterprises, started in 2019.

     4. The Government of the Republic of Kazakhstan should take measures to implement this Decree.

     5. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.

     6. This Decree shall enter into force from the date of its first official publication.

President    

Republic of Kazakhstan     

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