Illegal inspections: How to avоid and where to complain? Printable versionLast update: 02.09.2021
Twice a year, the Prosecutor General's Office sets up a schedule for carrying out inspections of business in a special order. At the same time, your company can be inspected at different intervals: once in six months, a year, three years or five years depending on the degree of risk. What factors affect the frequency of inspections of your business, in which cases inspection is not allowed and how to appeal it is described below.
What types of business inspections are there?
• Inspections conducted in accordance with a special order on the basis of risk assessment (with respect to a particular inspected entity (object) with a view to preventing and (or) eliminating the immediate threat to life and health of the person, the environment, the legitimate interests of individuals and legal entities, the state);
• Unplanned (for specific facts and circumstances, which served as the basis for appointing an inspection with respect to a particular inspected entity (object), with a view to preventing and (or) eliminating the immediate threat to life and health of the person, the environment, the legitimate interests of individuals and legal entities, the state (list Is given in clause 3 of Article 144 of the PC).
Inspections are divided by volume into complex and thematic.
What should any businessman know about inspections?
- At the beginning of the inspection, the inspector must present:
- A Notice of Appointment of an inspection with a stamp on registration in the Office of the Committee for Legal Statistics and Special Accounts in your region (city);
- Service certificate;
- A checklist indicating the items of the requirements to be inspected.
- Inspectors who are not specified in the Notice of Appointment of inspection, do not have the right to conduct an inspection.
- The beginning of the inspection is the date of delivery of the Notice of Appointment of inspection.
- The inspection should last no more than 30 working days (except for a tax inspection, the term of which is regulated by Article 629 of the Tax Code). If it is necessary to carry out special investigations, tests, examinations, and due to a significant amount of inspection, the time for carrying out the inspection can be extended only once by the Head of the supervisory authority (or by a person substituting him) for a period not exceeding thirty working days, except for certain cases when conducting a tax inspection.
- You can check the legality of the inspection with the Qamqor mobile application or by referring to the 'Legality of inspection of your business' section of the Information Service of the Committee for Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan at http://qamqor.gov.kz/portal/page/portal/POPageGroup/Services/Su .
- At the end of the inspection, the inspectors draw up an Inspection Findings Report in two copies, one of which will be given to you. If there are any comments or objections, you can state them in writing, which are attached to the Report.