Procedure for conducting inspections by regulatory authorities in the field of electric power industry

Control is an important functional element of any area of public policy. The role of state control in the field of education is predetermined by the fact that energy is one of the most important areas of society's life and at the same time a necessary condition for the development of society itself.

In accordance with the Law of the Republic of Kazakhstan "On Electric Power Industry" of July 9, 2004 No. 588: Control in the field of electric power industry is carried out by the state body for state energy supervision and control and local executive bodies.

State energy control in the field of electric power industry is carried out in the form of inspections (conducted according to a special procedure based on risk assessment and unscheduled) and preventive control (with or without a visit) in accordance with the Business Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Electric Power Industry".

The task of state control and supervision is to ensure the safety of products produced and sold by the audited entity, technological processes for the life and health of people, protection of their property, safety for the environment, national security of the Republic of Kazakhstan, including economic security, prevention of fraudulent practices, saving natural and energy resources, improving the competitiveness of national products and protecting the constitutional rights, freedoms and legitimate interests of individuals and legal entities.

State energy control in the field of electric power industry is carried out in relation to individuals and legal entities, state bodies, branches and representative offices of legal entities.

The Business Code establishes the procedure for conducting inspections, the interaction of state bodies during inspections, the rights and obligations of the audited entities, measures to protect their rights and legitimate interests, the rights and obligations of control and supervision bodies and their officials during inspections.

According to the requirements of the Business Code, before conducting an audit, the state body is obliged to send a notification to the subject of the audit about conducting an audit or preventive control (with a visit).

An inspection or preventive control (with a visit) is registered with the legal statistics authority (Prosecutor's Office).

The timing of the inspections depends on the category of the business entity.

So for large, medium, small businesses, government agencies and individuals-no more than 10 working days, for microenterprise entities-no more than 5 working days.

Only the requirements specified in the test sheets are subject to verification.

The request for documents and materials that go beyond the scope of the test sheet is not allowed. Such an audit may be declared invalid, and the state body (official) will be held accountable.

Within the framework of the inspection, the state body has the right of unhindered access to the territory and premises of the inspected object upon presentation of documents (official document and Act on the purpose of the inspection), to receive documents (information) on paper and electronic media or their copies for inclusion in the inspection materials, as well as access to automated databases (information systems) in accordance with the subject of the inspection or preventive control and supervision with a visit to the subject (object) of control and supervision, to perform audio, photo, video, video, etc.- use records of technical control devices, monitoring and recording devices, photo and video equipment related to the subject of inspection or preventive control and supervision, involve specialists, consultants and experts of state bodies and subordinate organizations.

According to the results of the verification event, a Report on the results of the inspection or preventive control with a visit is drawn up.

If there are violations of the requirements of the current legislation, the subject of the audit is issued an Order to eliminate violations with the established deadlines.

Also, the subject of the audit may be brought to administrative responsibility.

After the expiration of the terms specified in the Regulation on the Elimination of Identified Violations, the subject of the audit is obliged to provide the state body with information on the implementation of measures to eliminate violations.

In case of non-fulfillment of violations against the subject of the inspection, an inspection is appointed for the execution of the order, as well as materials are sent to the court to ensure the enforcement of measures.

 

Chief Specialist of the State Institution "Territorial Department of the Committee for Nuclear and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan for the West Kazakhstan region" Gusmanova Assel Berkgalievna