Regulations
of the State Control Department of Technical Regulation and Metrology Committee of the Ministry of Trade and Integration of the Republic of Kazakhstan
- General terms
- The State Control Department (hereinafter - the Department) is a structural unit of Technical Regulation and Metrology Committee of the Ministry of Trade and Integration of the Republic of Kazakhstan (hereinafter - the Committee).
- The structural subdivision is guided in its activities by the Constitution of the Republic of Kazakhstan, laws, acts of the President and the Government of the Republic of Kazakhstan, other normative legal acts, as well as by this Regulation.
- The structure, staffing of the structural unit is approved by the authorized official of the State body in accordance with the statutory procedure of the Republic of Kazakhstan.
- The Department comprises the following officials, according to the staffing table:
Head of Department - 1 unit;
Chief Expert - 4 units.
- Main objectives, functions, rights
and responsibilities of the Department
- Objective: organization and coordination of work on the state monitoring of compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation, assurance of measurements' uniformity and accreditation in the field of conformity assessment.
Functions:
- to establish the procedure for the withdrawal and recall of products non-conforming the requirements of technical regulations;
- to develop risk assessment criteria for the selection of control subjects (objects) and checklists in conformance with the Commercial code of the Republic of Kazakhstan;
- to draw up regulations and procedures for their issuance;
- to compiles a consolidated list of the conduct of preventive control, with visits to the subject(s) of control, preventive control without visits to the subject(s) of control
- to examine the applications of the control subject for annulment of the act due to the invalidity of the verification and cancellation of the order for elimination of the detected violations due to the invalidity of the preventive control with the visit of the subject (object) of control;
- to coordinate the territorial Departments of the Monitoring Committee;
- to implement the body of records of the territorial Departments of the State Monitoring Committee;
- to prepare proposals for improving the efficiency of the work of the territorial departments of the Committee;
- to organizes the preparation of the materials of the Subcommittees under the Advisory Committee on State Supervision (Supervision) of Compliance with the Technical Regulations of the Eurasian Economic Union (hereinafter EEU);
- within the competence of the Department, organizes and ensures the participation of interested State bodies and organizations of the Republic of Kazakhstan in sectoral meetings, expert subgroups and working groups, including participation therein;
- to review draft agreements and memorandums with international, regional and national State control bodies;
- to participate in the drafting of normative legal acts and normative documents in the field of State control in the areas covered;
- to undertake planning and monitoring of budget programs in the areas of responsibility;
- within the competence of the Department prepares materials for the extended meetings of the Committee and the Ministry of Trade and Integration of the Republic of Kazakhstan on the results of the activities of the territorial departments of the Committee;
- to take part in the consideration of EEU technical regulations on matters within the competence of the Department;
- to establish procedures for the evaluation of the territorial departments of the Committee.
- Objective: to participate in the implementation of State policy on the circulation of precious stones, jewelry and other precious metals and precious stones (hereinafter jewelry and other articles).
Functions:
- to coordinate and monitor the work of the territorial Departments of the State Control Committee when precious stones are imported into the territory of the Republic of Kazakhstan from countries that are not members of EEA and are exported from the territory of the Republic of Kazakhstan to those countries; including rough diamonds, jewelry and other articles;
- to monitor the activities of the territorial Departments of the Committee on the notification procedure on the beginning or termination of the activities of individual entrepreneurs and legal entities for the import into the territory of the Republic of Kazakhstan from countries outside the EAEU; Export of precious stones, jewelry and other articles from the territory of the Republic of Kazakhstan to those countries;
- to coordinate State control activities in the field of jewelry and other articles;
- to develop rules for the import into the territory of the Republic of Kazakhstan from countries that are not members of EAEU and the export from the territory of the Republic of Kazakhstan to those countries of precious stones, jewelry and other articles;
- to develop rules for the import into and export from the territory of the Republic of Kazakhstan of rough natural diamonds, taking into account the Kimberley Process Certification Scheme;
- to develop and approve rules for the examination of precious stones, jewelry and other articles;
- to develop a form of conclusion on confirmation and (or) non-confirmation of detected violations on the basis of the results of the preventive control without visiting the subject(s) of the control;
- to develop risk assessment criteria for the selection of control subjects(objects) and checklists in accordance with the Business Code of the Republic of Kazakhstan;
- to compile a list of preventive controls with visits to the subject(objects) of control;
- to perform preventive monitoring without visiting the subject(objects) of control;
- to examine applications from the subject of control for annulment of the act on grounds of invalidity of the inspection and cancellation of the order for elimination of the detected violations and make proposals to the management of the Committee;
- to develop and harmonize, within the competence of the Department, normative legal acts in the sphere of circulation of precious stones, jewelry and other articles;
- to monitor the activities of the Committee's territorial Departments, including on-site visits;
- to prepare information, proposals, briefs for the Committee’s management on matters within the competence of the Department;
- to interact with natural and legal persons on matters within the competence of the Authority;
- to advise and provide guidance on matters within the competence of the Department;
- to participate in the formulation of proposals for the training and development of specialists in the areas of competence of the Department;
- to participate in the work of international, regional organizations and their technical commissions and committees on matters within the competence of the Department.
3.Objective: Other issues within the competence of the Department.
Functions:
1) to prepare information, suggestions and briefs for the Committee’s management on matters within the competence of the Department;
2) to participate in the organization of seminars, meetings and the training, education and development of specialists;
3) to interact with natural and legal persons on matters within the competence of the Department;
4) to advise and provide guidance on matters within the competence of the Department.
5) to participate in the drafting of legal acts and regulations and in the drafting of proposals for legislation on matters within the competence of the Department.
- Rights and obligations:
To carry out its objectives and functions, the Department shall have the authority, in consultation with the management of the Committee:
- to involve specialists of State bodies, Committee Departments, subordinate organizations and economic entities;
- to represent the Committee in State bodies, public organizations and international and regional organizations on matters within the competence of the Department;
- to coordinate law enforcement activities in the activities of structural and territorial units and subordinate organizations on issues within the competence of the Department;
- to request and receive from the Committee’s departments and organizations, State bodies, voluntary organizations and economic entities the materials necessary for the performance of its functions;
5) within the competence of the Department to monitor the implementation of legal acts of individual application of the Committee;
6) to participate in the organization of economic planning, the justification of budgetary allocations within the competence of the Department;
7) monitor the activities of territorial Departments and subordinate enterprises;
8) to interact with Central Executive bodies, public organizations and other economic entities, as well as the mass media, on State control issues;
9) to obtain from natural and legal persons the documents and information necessary for State control in accordance with the procedure established by law;
10) to conduct an evaluation of the territorial departments of the Committee, for approval by the Deputy Chair of the Committee;
11) to participate in the conduct of inspections in the territorial units of the Committee on matters within the competence of the Department;
12) to exercise other rights necessary for the implementation of its tasks and functions, in accordance with legislative acts, acts of the President of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.
- Organization of the work of the Department
- The Department has the powers necessary to carry out its main tasks and functions in accordance with legislative acts, acts of the President of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.
- The Department of the Committee is headed by a head appointed to a post and dismissed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
- The Head of the Department provides general management of the Department and is responsible for the implementation of its tasks.
- Responsibility for the quality and timely performance of tasks and functions assigned to the employee of the Department, instructions is borne directly by the executor.
- Documents sent on behalf of the Department to other entities on matters falling within the competence of the Department are signed by the head of the entity or, if not available, by the person in charge.