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On approval of risk assessment criteria and a checklist for compliance with the legislation of the Republic of Kazakhstan on advertising

Order of the Minister of National Economy of the Republic of Kazakhstan dated March 29, 2019 № 22. Registered in the Ministry of Justice of the Republic of Kazakhstan on April 10, 2019 № 18490

      Unofficial translation

      In accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29 2015 I ORDER:

      1. To approve:

      1) risk assessment criteria for compliance with the legislation of the Republic of Kazakhstan on advertising in accordance with Appendix 1 to this order;

      2) a checklist for compliance with the legislation of the Republic of Kazakhstan on advertising in accordance with Appendix 2 to this order.

      2. The Department of enterprise development in the manner established by the legislation shall ensure:

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

      2) within ten calendar days from the date of state registration of this order, sending it in the Kazakh and Russian languages to the Republican state enterprise on the right of economic management "Republican center for legal information" for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;

      3) placement a copy of this order on the official Internet resource of the Ministry of National Economy of the Republic of Kazakhstan;

      4) submission of information on implementation of measures provided for in sub-paragraphs 1), 2) and 3) of this paragraph to the Legal department of the Ministry of National Economy of the Republic of Kazakhstan within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

      3. Control over execution of this order shall be assigned to the supervising Vice-Minister of National Economy of the Republic of Kazakhstan.

      4. This order shall be enforced upon expiry of ten calendar days after its first official publication.

      Minister of National Economy
      of the Republic of Kazakhstan R. Dalenov

      AGREED

      Committee on legal

      statistics and special records of the

      General Prosecutor’s office

      of the Republic of Kazakhstan

  Appendix 1
to the order of the Minister
of National Economy
of the Republic of Kazakhstan
dated March 29, 2019 № 22

Risk assessment criteria for compliance with the legislation of the
Republic of Kazakhstan on advertising
Chapter 1. General provisions

      1. These risk assessment criteria for compliance with the legislation of the Republic of Kazakhstan on advertising (hereinafter – the Criteria) are developed in accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29, 2015 (hereinafter- the Code), as well as the Rules for formation of a risk assessment system by state bodies and the form of checklists approved by the order № 3 of the acting Minister of National Economy of the Republic of Kazakhstan dated July 31, 2018 (registered in the Register of state registration of regulatory legal acts № 17371), for the purpose of conducting inspections and preventive control with visits to the subjects of control.

      2. The following concepts are used in the Criteria:

      1) subjects (objects) of control – individuals and legal entities whose activities are under the control for compliance with the legislation of the Republic of Kazakhstan on advertising;

      2) minor violations - violations of the requirements, established by regulatory legal acts for compliance with the legislation of the Republic of Kazakhstan on advertising, regarding the dismantling of the object of outdoor (visual) advertising after the expiration of its placement;

      3) significant violations - violations of the requirements established by regulatory legal acts for compliance with the legislation of the Republic of Kazakhstan on advertising, regarding compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan;

      4) gross violations – violations of the requirements established by regulatory legal acts for compliance with legislation of the Republic of Kazakhstan on advertising, entailing administrative responsibility, regarding the lack of notification before the start of activity or actions and propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information, constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law;

      5) risk – the probability of causing harm as a result of activity of the subject of control and supervision to human life or health, legitimate interests of individuals and legal entities, property interests of the state, taking into account the severity of its consequences;

      6) risks assessment system – a set of measures carried out for the purpose of prescribing preventive control with visits to the subjects of control;

      7) objective risk assessment criteria (hereinafter – objective criteria) - criteria for assessing the degree of risk used to select the subjects of control depending on the degree of risk for compliance with the legislation of the Republic of Kazakhstan on advertising and not directly dependent on an individual subject of control;

      8) subjective risk assessment criteria (hereinafter-subjective criteria) – criteria for assessing the degree of risk used to select the subjects of control depending on the results of activity of a particular subject of control;

      9) a checklist – a list of requirements, including the requirements for the activity of subjects of control, non-compliance with which entails a threat to human life and health, the environment, legitimate interests of individuals and legal entities, and the state.

      3. Risk assessment criteria for preventive control with a visit to the subject (object) of control are formed by means of objective and subjective criteria.

      Preventive control with a visit to the subject (object) of control shall be applied to the subject (object) of control classified as a high risk.

      Unscheduled inspections shall be applied to the subjects (objects) of control that are classified as high and not classified as high risk.

      4. Preventive control with a visit to the subjects (objects) of control is conducted based on the lists of preventive control with visits to the subjects (objects) of control, formed for six months, based on the results of an ongoing analysis and assessment, approved by the order of the first head of state regulatory body in accordance with paragraph 3 of Aticle 141 of the Code.

      5. Lists of conducting preventive control with visits to the subject (object) of control are compiled taking into account the priority of the subject (object) of control with the highest indicator of the risk degree according to subjective criteria.

Chapter 2. Objective criteria

      6. According to objective criteria, the subjects (objects) of control are divided into two levels of risk – high and not classified as high.

      High risk include advertising distributors.

      Not classified as high risk include advertisers, advertising producers, owners of buildings (structures), owners of residential and non-residential premises in a residential house (residential building) or the management body of a condominium object, persons who have other real rights to buildings (structures) on the outside of which the object of outdoor (visual) advertising is placed.

      7. Subjective criteria shall be applied to the subjects (objects) of control that are classified as high risk according to objective criteria in order to conduct preventive control with a visit to the subject (object) of control.

      Chapter 3. Subjective criteria

      8. Determination of subjective criteria shall be carried out using the following stages:

      1) formation of a database and collecting information about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising;

      2) analysis of information and assessment of risks.

      9. The following sources of information are used to assess the degree of risks based on subjective criteria:

      1) results of previous inspections and preventive control. In this case, the severity of violations (gross, significant, minor) shall be established in case of non-compliance with the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising, reflected in the checklists;

      2) availability and number of confirmed complaints and appeals from individuals and legal entities about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising;

      3) results of preventive control without a visit to the subjects (objects) of control (final documents issued as a result of preventive control without a visit to the subject (object) of control (certificate, conclusion, recommendations) for compliance with the legislation of the Republic of Kazakhstan on advertising).

      10. Based on the sources of information specified in paragraph 9 of these Criteria, the criteria for assessing the degree of risk for compliance with legislation in the field of advertising shall be determined in accordance with Appendix to these Rules.

      11. If one gross violation is detected, the subject (object) of control shall be equated with an indicator of risk degree 100 and a preventive control shall be conducted with a visit to the subject (object) of control.

      12. If no gross violations are detected, the total indicator for significant and minor violations shall be calculated to determine the risk degree indicator.

      13. When determining the indicator of significant violations a coefficient of 0.7 shall be applied and this indicator is calculated using the following formula:



      where:

      ∑Ps -indicator of significant violations;

      ∑P1 – required number of significant violations;

      ∑P2-number of significant violations detected;

      14. When determining the indicator of minor violations a coefficient of 0.3 shall be applied and this indicator is calculated using the following formula:

     


      where:

      ∑Pm-indicator of minor violations;

      ∑P1 – required number of minor violations;

      ∑P2-number of minor violations detected;

      15. The general indicator of the risk degree (∑P) is calculated on a scale from 0 to 100 and is determined by summing the indicators of significant and minor violations using the following formula:

     


      where:

      ∑P-general indicator of the degree of risk;

      ∑ Ps -indicator of significant violations;

      ∑Pm-indicator of minor violations.

      16. According to the indicators of the risk degree, the subject (object) of control refers:

      1) to a high degree of risk – when the risk degree indicator is from 61 to 100 inclusive and in relation to it a preventive control shall be conducted with a visit to the subject (object);

      2) to a low degree of risk – when the risk degree indicator is from 0 to 60 inclusive, in relation to which a preventive control shall not be conducted with a visit to the subject (object).

      17. Bodies of control and supervision shall not be allowed to conduct preventive control with a visit to the subject (object) of control on the same issue for the same period.

      18. Multiplicity of conducting a preventive control with a visit to the subject of control shall be determined by the results of analysis and assessment of the received information by subjective criteria and cannot be more than once a year.

  Appendix
to the risk assessment Criteria
for compliance with the
legislation of the Republic
of Kazakhstan on advertising

Risk assessment criteria for compliance with the legislation of the
Republic of Kazakhstan on advertising

Criteria

Degree of violation

Results of previous inspections and preventive control (the degree of severity is established in case of non-compliance of the following requirements)

1

Availability of the notification on placement of outdoor (visual) advertising in the open space outside the premises in the settlements, in the right-of-way of public roads, in the open space beyond the areas outside settlements and outside the right-of-way of public roads

gross

2

Compliance with the requirement not to use in advertising of propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law.

gross

3

Compliance with the prohibition on placement of outdoor (visual) advertising on historical and cultural monuments and in their protected areas, on religious buildings (structures) and on their designated territories and their fences, as well as on specially protected natural territories

gross

4

Compliance with the prohibition of advertising a residential house (residential building) under construction or put into operation that does not meet the classification of residential house (residential buildings) in the approved project documentation

gross

5

Compliance with the requirement for advertising goods (works, services ) that are prohibited from production and sale in accordance with the legislation of the Republic of Kazakhstan

gross

6

Compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan

significant

7

Compliance with the prohibition of advertising of electronic casinos and online casinos

significant

8

Availability of requirement in advertising of goods (work, service) sold on the territory of the Republic of Kazakhstan to specify the price (tariffs, prices, rates) in tenge

significant

9

Compliance with the requirement on dismantling the object of outdoor (visual) advertising after the expiration of its placement period established by the contract

minor

Availability of confirmed complaints and appeals from individuals and legal entities about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising

1

Availability of one confirmed complaint or appeal for compliance with the legislation of the Republic of Kazakhstan on advertising

significant

2

Availability of two or more confirmed complaints or appeals for compliance with the legislation of the Republic of Kazakhstan on advertising

gross

Results of preventive control without a visit of the subjects (objects) of control

1

Non-provision of information on implementation of recommendations issued within the framework of preventive control without a visit of the subjects (objects) of control

gross

  Appendix 2
to the order of the Minister
of National Economy
of the Republic of Kazakhstan
dated March 29, 2019 № 22

      Checklist for compliance with the legislation of the Republic of Kazakhstan on advertising (in the sphere /in the field/for) (in accordance with Article 138 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29, 2015)

      In relation to the advertiser, advertising distributor, advertising producer

      __________________________________________________________________________

      name of a homogeneous group of subjects (objects) of

      __________________________________________________________________________

      control ___________________________________________________________________

      State body appointed an inspection _____________________________________________

      __________________________________________________________________________

      Certificate of appointment of inspection/preventive control with a visit to the subject (object) of control

      __________________________________________________________________________

      __________________________________________________________________________

      №, date

      Name of the subject (object) of control _________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      (Individual identification number), business identification number of the subject (object) of control

      __________________________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      Address of location __________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

List of requirements

Required

Not required

Complies with the requirements

Does not comply with the requirements

1

2

3

4

5

6

1

Availability of the notification on placement of outdoor (visual) advertising in the open space outside the premises in the settlements, in the right-of-way of public roads, in the open space beyond the areas outside settlements and outside the right-of-way of public roads





2

Compliance with the requirement not to use in advertising of propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law.





3

Compliance with the prohibition on placement of outdoor (visual) advertising on historical and cultural monuments and in their protected areas, on religious buildings (structures) and on their designated territories and their fences, as well as on specially protected natural territories





4

Compliance with the prohibition of advertising a residential house (residential building) under construction or put into operation that does not meet the classification of residential house (residential buildings) in the approved project documentation





5

Compliance with the requirement for advertising goods (works, services ) that are prohibited from production and sale in accordance with the legislation of the Republic of Kazakhstan





6

Compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan





7

Compliance with the prohibition of advertising of electronic casinos and online casinos





8

Availability of requirement in advertising of goods (work, service) sold on the territory of the Republic of Kazakhstan to specify the price (tariffs, prices, rates) in tenge





9

Compliance with the requirement on dismantling the object of outdoor (visual) advertising after the expiration of its placement period established by the contract





      Official (s) ______________________________________ ____________

      position signature

      __________________________________________________________________________

      surname, name, patronymic (if any)

      Head of the subject of control _____________________________________ ____________

      position signature

      __________________________________________________________________________

      surname, name, patronymic (if any)

Назад к документу

On approval of risk assessment criteria and a checklist for compliance with the legislation of the Republic of Kazakhstan on advertising (changes for 29 марта 2019) V1900018490

Order of the Minister of National Economy of the Republic of Kazakhstan dated March 29, 2019 № 22. Registered in the Ministry of Justice of the Republic of Kazakhstan on April 10, 2019 № 18490

      Unofficial translation

      In accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29 2015 I ORDER:

      1. To approve:

      1) risk assessment criteria for compliance with the legislation of the Republic of Kazakhstan on advertising in accordance with Appendix 1 to this order;

      2) a checklist for compliance with the legislation of the Republic of Kazakhstan on advertising in accordance with Appendix 2 to this order.

      2. The Department of enterprise development in the manner established by the legislation shall ensure:

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

      2) within ten calendar days from the date of state registration of this order, sending it in the Kazakh and Russian languages to the Republican state enterprise on the right of economic management "Republican center for legal information" for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;

      3) placement a copy of this order on the official Internet resource of the Ministry of National Economy of the Republic of Kazakhstan;

      4) submission of information on implementation of measures provided for in sub-paragraphs 1), 2) and 3) of this paragraph to the Legal department of the Ministry of National Economy of the Republic of Kazakhstan within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

      3. Control over execution of this order shall be assigned to the supervising Vice-Minister of National Economy of the Republic of Kazakhstan.

      4. This order shall be enforced upon expiry of ten calendar days after its first official publication.

      Minister of National Economy
      of the Republic of Kazakhstan R. Dalenov

      AGREED

      Committee on legal

      statistics and special records of the

      General Prosecutor’s office

      of the Republic of Kazakhstan

  Appendix 1
to the order of the Minister
of National Economy
of the Republic of Kazakhstan
dated March 29, 2019 № 22

Risk assessment criteria for compliance with the legislation of the
Republic of Kazakhstan on advertising
Chapter 1. General provisions

      1. These risk assessment criteria for compliance with the legislation of the Republic of Kazakhstan on advertising (hereinafter – the Criteria) are developed in accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29, 2015 (hereinafter- the Code), as well as the Rules for formation of a risk assessment system by state bodies and the form of checklists approved by the order № 3 of the acting Minister of National Economy of the Republic of Kazakhstan dated July 31, 2018 (registered in the Register of state registration of regulatory legal acts № 17371), for the purpose of conducting inspections and preventive control with visits to the subjects of control.

      2. The following concepts are used in the Criteria:

      1) subjects (objects) of control – individuals and legal entities whose activities are under the control for compliance with the legislation of the Republic of Kazakhstan on advertising;

      2) minor violations - violations of the requirements, established by regulatory legal acts for compliance with the legislation of the Republic of Kazakhstan on advertising, regarding the dismantling of the object of outdoor (visual) advertising after the expiration of its placement;

      3) significant violations - violations of the requirements established by regulatory legal acts for compliance with the legislation of the Republic of Kazakhstan on advertising, regarding compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan;

      4) gross violations – violations of the requirements established by regulatory legal acts for compliance with legislation of the Republic of Kazakhstan on advertising, entailing administrative responsibility, regarding the lack of notification before the start of activity or actions and propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information, constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law;

      5) risk – the probability of causing harm as a result of activity of the subject of control and supervision to human life or health, legitimate interests of individuals and legal entities, property interests of the state, taking into account the severity of its consequences;

      6) risks assessment system – a set of measures carried out for the purpose of prescribing preventive control with visits to the subjects of control;

      7) objective risk assessment criteria (hereinafter – objective criteria) - criteria for assessing the degree of risk used to select the subjects of control depending on the degree of risk for compliance with the legislation of the Republic of Kazakhstan on advertising and not directly dependent on an individual subject of control;

      8) subjective risk assessment criteria (hereinafter-subjective criteria) – criteria for assessing the degree of risk used to select the subjects of control depending on the results of activity of a particular subject of control;

      9) a checklist – a list of requirements, including the requirements for the activity of subjects of control, non-compliance with which entails a threat to human life and health, the environment, legitimate interests of individuals and legal entities, and the state.

      3. Risk assessment criteria for preventive control with a visit to the subject (object) of control are formed by means of objective and subjective criteria.

      Preventive control with a visit to the subject (object) of control shall be applied to the subject (object) of control classified as a high risk.

      Unscheduled inspections shall be applied to the subjects (objects) of control that are classified as high and not classified as high risk.

      4. Preventive control with a visit to the subjects (objects) of control is conducted based on the lists of preventive control with visits to the subjects (objects) of control, formed for six months, based on the results of an ongoing analysis and assessment, approved by the order of the first head of state regulatory body in accordance with paragraph 3 of Aticle 141 of the Code.

      5. Lists of conducting preventive control with visits to the subject (object) of control are compiled taking into account the priority of the subject (object) of control with the highest indicator of the risk degree according to subjective criteria.

Chapter 2. Objective criteria

      6. According to objective criteria, the subjects (objects) of control are divided into two levels of risk – high and not classified as high.

      High risk include advertising distributors.

      Not classified as high risk include advertisers, advertising producers, owners of buildings (structures), owners of residential and non-residential premises in a residential house (residential building) or the management body of a condominium object, persons who have other real rights to buildings (structures) on the outside of which the object of outdoor (visual) advertising is placed.

      7. Subjective criteria shall be applied to the subjects (objects) of control that are classified as high risk according to objective criteria in order to conduct preventive control with a visit to the subject (object) of control.

      Chapter 3. Subjective criteria

      8. Determination of subjective criteria shall be carried out using the following stages:

      1) formation of a database and collecting information about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising;

      2) analysis of information and assessment of risks.

      9. The following sources of information are used to assess the degree of risks based on subjective criteria:

      1) results of previous inspections and preventive control. In this case, the severity of violations (gross, significant, minor) shall be established in case of non-compliance with the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising, reflected in the checklists;

      2) availability and number of confirmed complaints and appeals from individuals and legal entities about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising;

      3) results of preventive control without a visit to the subjects (objects) of control (final documents issued as a result of preventive control without a visit to the subject (object) of control (certificate, conclusion, recommendations) for compliance with the legislation of the Republic of Kazakhstan on advertising).

      10. Based on the sources of information specified in paragraph 9 of these Criteria, the criteria for assessing the degree of risk for compliance with legislation in the field of advertising shall be determined in accordance with Appendix to these Rules.

      11. If one gross violation is detected, the subject (object) of control shall be equated with an indicator of risk degree 100 and a preventive control shall be conducted with a visit to the subject (object) of control.

      12. If no gross violations are detected, the total indicator for significant and minor violations shall be calculated to determine the risk degree indicator.

      13. When determining the indicator of significant violations a coefficient of 0.7 shall be applied and this indicator is calculated using the following formula:



      where:

      ∑Ps -indicator of significant violations;

      ∑P1 – required number of significant violations;

      ∑P2-number of significant violations detected;

      14. When determining the indicator of minor violations a coefficient of 0.3 shall be applied and this indicator is calculated using the following formula:

     


      where:

      ∑Pm-indicator of minor violations;

      ∑P1 – required number of minor violations;

      ∑P2-number of minor violations detected;

      15. The general indicator of the risk degree (∑P) is calculated on a scale from 0 to 100 and is determined by summing the indicators of significant and minor violations using the following formula:

     


      where:

      ∑P-general indicator of the degree of risk;

      ∑ Ps -indicator of significant violations;

      ∑Pm-indicator of minor violations.

      16. According to the indicators of the risk degree, the subject (object) of control refers:

      1) to a high degree of risk – when the risk degree indicator is from 61 to 100 inclusive and in relation to it a preventive control shall be conducted with a visit to the subject (object);

      2) to a low degree of risk – when the risk degree indicator is from 0 to 60 inclusive, in relation to which a preventive control shall not be conducted with a visit to the subject (object).

      17. Bodies of control and supervision shall not be allowed to conduct preventive control with a visit to the subject (object) of control on the same issue for the same period.

      18. Multiplicity of conducting a preventive control with a visit to the subject of control shall be determined by the results of analysis and assessment of the received information by subjective criteria and cannot be more than once a year.

  Appendix
to the risk assessment Criteria
for compliance with the
legislation of the Republic
of Kazakhstan on advertising

Risk assessment criteria for compliance with the legislation of the
Republic of Kazakhstan on advertising

Criteria

Degree of violation

Results of previous inspections and preventive control (the degree of severity is established in case of non-compliance of the following requirements)

1

Availability of the notification on placement of outdoor (visual) advertising in the open space outside the premises in the settlements, in the right-of-way of public roads, in the open space beyond the areas outside settlements and outside the right-of-way of public roads

gross

2

Compliance with the requirement not to use in advertising of propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law.

gross

3

Compliance with the prohibition on placement of outdoor (visual) advertising on historical and cultural monuments and in their protected areas, on religious buildings (structures) and on their designated territories and their fences, as well as on specially protected natural territories

gross

4

Compliance with the prohibition of advertising a residential house (residential building) under construction or put into operation that does not meet the classification of residential house (residential buildings) in the approved project documentation

gross

5

Compliance with the requirement for advertising goods (works, services ) that are prohibited from production and sale in accordance with the legislation of the Republic of Kazakhstan

gross

6

Compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan

significant

7

Compliance with the prohibition of advertising of electronic casinos and online casinos

significant

8

Availability of requirement in advertising of goods (work, service) sold on the territory of the Republic of Kazakhstan to specify the price (tariffs, prices, rates) in tenge

significant

9

Compliance with the requirement on dismantling the object of outdoor (visual) advertising after the expiration of its placement period established by the contract

minor

Availability of confirmed complaints and appeals from individuals and legal entities about violations of the requirements for compliance with the legislation of the Republic of Kazakhstan on advertising

1

Availability of one confirmed complaint or appeal for compliance with the legislation of the Republic of Kazakhstan on advertising

significant

2

Availability of two or more confirmed complaints or appeals for compliance with the legislation of the Republic of Kazakhstan on advertising

gross

Results of preventive control without a visit of the subjects (objects) of control

1

Non-provision of information on implementation of recommendations issued within the framework of preventive control without a visit of the subjects (objects) of control

gross

  Appendix 2
to the order of the Minister
of National Economy
of the Republic of Kazakhstan
dated March 29, 2019 № 22

      Checklist for compliance with the legislation of the Republic of Kazakhstan on advertising (in the sphere /in the field/for) (in accordance with Article 138 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29, 2015)

      In relation to the advertiser, advertising distributor, advertising producer

      __________________________________________________________________________

      name of a homogeneous group of subjects (objects) of

      __________________________________________________________________________

      control ___________________________________________________________________

      State body appointed an inspection _____________________________________________

      __________________________________________________________________________

      Certificate of appointment of inspection/preventive control with a visit to the subject (object) of control

      __________________________________________________________________________

      __________________________________________________________________________

      №, date

      Name of the subject (object) of control _________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      (Individual identification number), business identification number of the subject (object) of control

      __________________________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      Address of location __________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

List of requirements

Required

Not required

Complies with the requirements

Does not comply with the requirements

1

2

3

4

5

6

1

Availability of the notification on placement of outdoor (visual) advertising in the open space outside the premises in the settlements, in the right-of-way of public roads, in the open space beyond the areas outside settlements and outside the right-of-way of public roads





2

Compliance with the requirement not to use in advertising of propaganda or agitation of violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining state security, war, social, racial, national, religious, class and tribal superiority, cult of cruelty and violence, pornography, and dissemination of information constituting state secrets of the Republic of Kazakhstan and other secrets protected by the Law.





3

Compliance with the prohibition on placement of outdoor (visual) advertising on historical and cultural monuments and in their protected areas, on religious buildings (structures) and on their designated territories and their fences, as well as on specially protected natural territories





4

Compliance with the prohibition of advertising a residential house (residential building) under construction or put into operation that does not meet the classification of residential house (residential buildings) in the approved project documentation





5

Compliance with the requirement for advertising goods (works, services ) that are prohibited from production and sale in accordance with the legislation of the Republic of Kazakhstan





6

Compliance with the prohibition of advertising of religious associations and spiritual (religious) educational organizations, not registered in accordance with the legislation of the Republic of Kazakhstan





7

Compliance with the prohibition of advertising of electronic casinos and online casinos





8

Availability of requirement in advertising of goods (work, service) sold on the territory of the Republic of Kazakhstan to specify the price (tariffs, prices, rates) in tenge





9

Compliance with the requirement on dismantling the object of outdoor (visual) advertising after the expiration of its placement period established by the contract





      Official (s) ______________________________________ ____________

      position signature

      __________________________________________________________________________

      surname, name, patronymic (if any)

      Head of the subject of control _____________________________________ ____________

      position signature

      __________________________________________________________________________

      surname, name, patronymic (if any)

t.Database status
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    t.In Kazakh 141964
    t.In Russian 141826
    t.In English 1540
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    E-mail: support@rkao.kz
    t.Phone numbers: +7 7172 58 00 58, 119
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    t.Off days: Saturday, Sunday

    t.Laws of Kazakhstan: About the Project