Unofficial translation
Under paragraph 5 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan, BE IT HEREBY ORDERED:
Footnote. The preamble - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 924 dated 01.12.2022 and the Minister of National Economy of the Republic of Kazakhstan № 113 dated 01.12.2022 (shall become effective on 01.01.2023).1. To approve:
1) the risk assessment criteria for state control over security activities, over the activities of specialized training centers for the training and advanced training of employees holding the positions of a head and a security guard in a private security organization, and over the installation, commissioning and maintenance of security alarms, according to Annex 1 to this order;
2) the checklist for state control over security activities, in accordance with Annex 2 to this joint order;
3) the checklist for state control over the activities of specialized training centers for the training and advanced training of employees holding the positions of a head and a guard in a private security organization, in accordance with Annex 3 to this joint order;
4) checklist for state control over the installation, commissioning and maintenance of security alarms, in accordance with Annex 4 to this joint order.
2. The following orders shall be deemed to have lost force:
joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 1018 dated December 11, 2015 and acting Minister of National Economy of the Republic of Kazakhstan № 1 dated January 6, 2016 "On approval of the risk assessment criteria, checklists for state control over security activities, over the activities of specialized training centers for the training and advanced training of employees holding the positions of a head and a security guard in a private security organization, and over the installation, commissioning and maintenance of security alarms"(registered in the Register of State Registration of Regulatory Legal Acts, № 13162 dated February 22, 2016, published on February 29, 2016 in Legal Information System “Adilet”);
joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 112 dated February 14, 2017 and Minister of National Economy of the Republic of Kazakhstan № 106 dated March 3, 2017 "On Introduction of Amendments to Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan № 1018 dated December 11, 2015 and Acting Minister of National Economy of the Republic of Kazakhstan № 1 dated January 6, 2016 "On approval of the risk assessment criteria, checklists for state control over security activities, over the activities of specialized training centers for the training and advanced training of employees holding the positions of a head and a security guard in a private security organization, and over the installation, commissioning and maintenance of security alarms"(registered in the Register of State Registration of Regulatory Legal Acts № 15000 of April 10, 2017, published on April 20, 2017 in Legal Information System “Adilet”).
3. The Committee of the Administrative Police of the Ministry of Internal Affairs of the Republic of Kazakhstan shall ensure:
1) state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this joint order, send it to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this joint order on the Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan after its official publication;
4) within ten working days after the state registration of this order, submit to the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan the information on execution of activities, provided by subparagraphs 1), 2) and 3) of this paragraph.
4. The supervising Deputy Minister of Internal Affairs of the Republic of Kazakhstan shall be authorized to oversee the implementation of this joint order.
5. This joint order shall be enforced upon expiry of ten calendar days after the day of its first official publication.
Minister of National Economy Republic of Kazakhstan |
______________T. Suleimenov |
Minister of Internal Affairs of the Republic of Kazakhstan |
____________K. Kassymo |
"AGREED"
Committee for the legal statistics
and Special Accounts of the State Office of
Public Prosecutor of the Republic of Kazakhstan
Annex 1 to joint order of the Minister of National Economy of the Republic of Kazakhstan № 32 dated October 30, 2018, and the Minister of Internal Affairs of the Republic of Kazakhstan № 757 dated October 30, 2018, |
Risk assessment criteria for state control over security guard activities, activities of specialized training centres
for training and advanced training of employees holding the positions of a manager and a security guard in a private
security company, and activities related to installation, adjustment and maintenance of security alarm systems
Footnote. The Criteria - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 924 dated 01.12.2022 and the Minister of National Economy of the Republic of Kazakhstan № 113 dated 01.12.2022 (shall take effect on 01.01.2023).
Chapter 1. General provisions
1. These risk assessment criteria for state control over security guard activities, the activities of specialised training centres for training and advanced training of employees holding the position of a manager and a security guard in a private security company, and the activities of installation, adjustment and maintenance of security alarm systems (hereinafter - Criteria) have been drawn up under Article 141 of the Entrepreneurial Code of the Republic of Kazakhstan, the Rules for the Establishment of Regulatory State Bodies (hereinafter - the Rules), approved by Order of the Acting Minister of National Economy of the Republic of Kazakhstan № 48 of 22 June 2022 (entered in the Register of State Registration of Regulatory Legal Acts under № 28577) and Order of the Acting Minister of National Economy of the Republic of Kazakhstan № 3 of 31 July 2018 “On Approval of the Checklist Form” (entered in the Register of State Registration of Regulatory Legal Acts under № 17371).
2. The following terms are used herein:
1) risk is the probability of causing harm as a result of the activities of the entity under supervision to human life or health, legitimate interests of individuals and legal entities, property interests of the state, with due consideration of the severity of its consequences;
2) risk assessment criteria mean a combination of quantitative and qualitative parameters associated with immediate activities of the entity under supervision, specifics of sectoral development and factors affecting this development, which allow to assign the entities under supervision to different degrees of risk.
3) objective risk assessment criteria (hereinafter - objective criteria) - risk assessment criteria used to select entities subject to supervision depending on the degree of risk in a certain area of activity and not directly dependent on the individual entity subject to supervision;
4) subjective risk assessment criteria (hereinafter - subjective criteria) mean risk assessment criteria used to select entities under supervision depending on the performance of a particular entity under supervision;
5) risk assessment and management system is a process of taking managerial decisions aimed at reducing the probability of adverse factors by classifying entities subject to supervision into risk levels for subsequent preventive control with visits to the entity subject to supervision and (or) inspections performed for compliance with qualification or authorisation requirements for permits issued, Requirements for Notifications sent under the Law of the Republic of Kazakhstan “On Permits and Notifications” (hereinafter referred to as compliance inspections) with the aim of restricting the freedom of entrepreneurship to the minimum extent possible, while ensuring an acceptable level of risk in the relevant areas of activity, as well as aimed at changing the level of risk for a particular entity subject to supervision and (or) exempting such an entity from preventive control with visits to the entity subject to supervision and (or) compliance inspections;
6) gross infringements are infringements specified by regulatory legal acts of the Republic of Kazakhstan related to failure to comply with prohibiting, restricting norms of legislation (prohibited, forbidden, restricted, restrictions, not allowed, may not, unable, have not, must be, not having), failure to meet the requirements of the legislation, failure to submit or submission of inaccurate reports, information, data, as well as with the presence of unfavourable incidents caused by the fault of an employee, manager or founder of the entity under supervision;
7) major infringements are infringements by the entity subject to supervision of the requirements of the laws of the Republic of Kazakhstan, the commission thereof does not affect the quality of services rendered by the entity;
8) minor infringements include failure of the entity subject to supervision to observe the laws of the Republic of Kazakhstan in terms of the written form of service contracts, as well as the presence of confirmed negative publications and coverage of the quality of services rendered by the audited entity in the mass media;
9) a checklist is a list of requirements for the activities of entities subject to supervision, failure to observe which entails a threat to human life and health, legitimate interests of individuals, legal entities and the state;
10) a score is a quantitative measure of risk calculation;
11) normalisation of data is a statistical procedure envisaging the reduction of values measured in different scales to a conditionally common scale;
12) sampling population (selection) is a list of entities to be assessed that belong to a homogeneous group of entities subject to supervision in a specific area of state control, as per paragraph 2 of Article 143 of the Entrepreneurial Code.
Footnote. Paragraph 2 as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan №390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan №65 dated 15.05.2023 (see para. 4 for the enactment procedure).3. Criteria for assessing the degree of risk for conformity inspection and preventive control of entities under supervision shall be formed by defining objective and subjective criteria.
Chapter 2: Objective criteria for risk assessment
4. Objective criteria shall be established by determining the risk.
The risk shall be assessed depending on the specifics of the sphere in which the state control is exercised, with due regard to one of the following criteria:
1) the scale of severity of possible negative consequences, harm to the regulated sphere (area);
2) possibility of occurrence of an unfavourable incident for human life or health, legitimate interests of individuals and legal entities, the state.
5. Once all possible risks have been analysed, entities under supervision shall be categorised into three risk levels (high, medium and low).
6. Entities with a high degree of risk shall include:
1) legal entities engaged in security activities with the use of service weapons;
2) legal entities engaged in activities of specialised training centres for training and advanced training of employees holding positions of a manager and a security guard in a private security company;
3) legal entities and individuals engaged in activities up to one year from the date of submission of notification on commencement of work on installation, adjustment and maintenance of security alarm systems;
4) legal entities engaged in security activities with the use of service weapons and at the same time engaged in installation, adjustment and maintenance of security alarm system means.
Footnote. Paragraph 6 as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 dated 15.05.2023 (see paragraph 4 for the procedure of enactment).7. Medium-risk entities shall be as follows:
1) legal entities engaged in security activities without the use of service weapons;
2) legal entities engaged in installation, adjustment and maintenance of security alarm systems with an average annual number of employees of more than two hundred and fifty persons;
3) legal entities engaged in security activities without the use of service weapons and at the same time engaged in activities on installation, adjustment and maintenance of security signalling equipment security activities.
Footnote. Paragraph 7 as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 dated 15.05.2023 (see paragraph 4 for the procedure of enactment).8. Legal entities and individuals engaged for more than one year exclusively in installation, adjustment and maintenance of security alarm systems with an average annual number of employees of less than two hundred and fifty people shall be classified as low-risk entities.
9. Entities subject to supervision classified as high and medium risk shall be subject to compliance inspection, preventive control with a visit to the entity subject to supervision, preventive control without a visit to the entity subject to supervision, and unscheduled inspection.
Entities subject to supervision classified as low risk shall be inspected for compliance with the requirements, preventive control without visiting the entity subject to supervision and unscheduled inspection.
Chapter 3: Subjective criteria for risk assessment
10. Subjective criteria shall be determined using the following steps:
1) formation of a database and collection of data;
2) analysing information and risk assessment.
11. The generation of the database and the collection of information shall be necessary for the identification of entities subject to supervision.
The processes of collecting and processing information shall be fully automated and allow for the possibility of verifying the accuracy of the data obtained.
Footnote. Paragraph 11 - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan №390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan №65 dated 15.05.2023 (see paragraph 4 for the procedure of enactment).12. The following sources of data shall be used to assess the degree of risks of entities subject to supervision engaged in security activities:
on the implementation of preventive control with a visit to the entity under supervision:
1) findings of the monitoring of reports, data provided by the entity subject to supervision, analysis and data provided by public authorities and organisations and operational and preventive measures undertaken by law enforcement and special public authorities;
2) results of the previous inspection and preventive control with a visit to the entity under supervision;
3) outcomes of preventive control without visiting the entity under inspection (recommendation);
4) the presence of unfavourable incidents caused by the entity under supervision. Unfavourable incidents shall include:
existence of criminal and/or administrative proceedings against a security guard, manager, founder (participant) of the entity under supervision;
commission of an offence, emergency incident directly related to the provision of security (security services) at the facility protected by the entity under supervision;
forfeiture or loss of service weapons;
5) existence of confirmed complaints and appeals;
6) analysing publications and media coverage;
on carrying out an inspection for compliance with the requirements:
7) findings of monitoring of reports, details supplied by the entity subject under control, analysis and information provided by public authorities and organisations and operational and preventive measures undertaken by law enforcement and special public authorities;
8) findings of the previous inspection;
9) findings of preventive control without visiting the entity under supervision (recommendation);
10) presence of confirmed complaints and appeals.
13. The following sources of data shall be used to estimate the risk level of entities subject to control engaged in the activities of specialised training centres for the training and advanced training of employees occupying the positions of a manager and a security guard in a private security organisation:
1) findings of monitoring of reports, information provided by the entity subject to supervision, analysis and information presented by public authorities and organisations and operational and preventive measures performed by law enforcement and special public authorities;
2) findings of the previous inspection;
3) findings of preventive surveillance without a visit to the entity being monitored (recommendation);
4) existence of confirmed complaints and appeals.
14. The following sources of information shall be used to evaluate the risk level of entities engaged in the installation, adjustment and maintenance of intrusion detectors for the purposes of compliance testing:
1) findings of the analysis of the data reported by public authorities, organisations and operational and preventive measures undertaken by law enforcement and special public authorities;
2) findings of the previous inspection;
3) findings of preventive control without visiting the entity subject to control (recommendation);
4) presence of confirmed complaints and appeals.
15. Based on existing sources, subjective criteria shall be categorised into three degrees of impairment: gross, major, minor.
The degree of infringement shall be assigned to subjective criteria depending on the possible risk and significance of the problem, the single or systemic nature of the infringement, and the analysis of previous decisions made.
In evaluating the degree of risk for preventive control with a visit to the entity under control, the subjective criteria for assessing the degree of risk of security activities shall be applied as per Annex 1 hereto.
Subjective criteria for evaluating the risk level for the compliance inspection shall be applied to evaluate the risk level of security activities, activities of specialised training centres for training and advanced training of employees holding positions of a manager and a security guard in a private security organisation, activities for installation, adjustment and maintenance of security alarm systems as per Annexes 2, 3 and 4 hereto.
The risk level indicator by subjective criteria (R) shall be calculated in an automated mode by summing up the risk level indicator for breaches based on the findings of previous inspections and preventive control with visits to entities under supervision (SP) and the risk level indicator by subjective criteria (SC), with subsequent normalisation of data values into a range from 0 to 100 points.
Rinterm = SP + SC, where
Rinterm – is an intermediate indicator of the degree of risk based on subjective criteria;
SР – breach risk indicator;
SC – risk level indicator by subjective criteria.
The calculation shall be made for each entity under supervision of a homogeneous group of entities under supervision of each sphere of state control. Herewith, the list of evaluated entities attributable to a homogeneous group of entities under supervision of one sphere of state control forms a sample population (sampling) for the subsequent normalisation of data.
Footnote. Paragraph 15 - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see paragraph 4 for the procedure of enactment).15-1. Based on the data obtained from the findings of previous inspections and preventive control with visits to entities subject to supervision, an indicator of the risk level of infringements shall be formed, estimated in points from 0 to 100.
Should one gross infringement be detected based on any of the sources of information, the entity under surveillance shall be assigned a risk score of 100 points and shall be subject to a compliance inspection or preventive control with a visit to the entity under surveillance.
If no major breaches are detected, the risk level indicator for breaches shall be calculated by summing up the indicator for major and minor breaches.
A coefficient of 0.7 shall be applied in determining the indicator of major breaches.
This indicator shall be calculated by using the following formula:
SPз = (SP2 x 100/SP1) x 0,7
where:
SPз – indicator of major breaches;
SP1 – the required number of major breaches;
SP2– number of major breaches identified;
A coefficient of 0.3 shall be applied in determining the indicator of minor breaches.
This indicator shall be calculated using the following formula:
SPmn = (SР2 х 100/SР1) х 0,3
where:
SРmn – indicator of minor breaches;
SР1 – the required number of minor breaches;
SР2 – number of minor breaches detected;
The risk level indicator (SR) shall be calculated on a scale from 0 to 100 and shall be determined by summing up the indicators of major and minor breaches using the following formula:
SР = SРmj+SРmn
where:
SР – overall risk indicator;
SРmj – indicator of major breaches;
SРmn – indicator of minor breaches.
The resulting value of the risk level indicator for breaches shall be included in the calculation of the risk level indicator for subjective criteria.
Footnote. The criteria have been supplemented by paragraph 15-1 pursuant to joint order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan № 124 of 11.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 62 of 12.05.2023 (shall be enacted ten calendar days after the date of its first official publication).15-2. The risk level indicator shall be calculated based on subjective criteria on a scale from 0 to 100 points and shall be calculated using the following formula:
SC=i=1nxi*wi, where
xi – subjective criterion indicator;
wi – specific weight of the indicator of subjective criterion xi;
n – number of indicators.
The obtained value of the subjective risk level indicator shall be included in the calculation of the subjective risk level indicator.
Footnote. The criteria have been supplemented by paragraph 15-2 pursuant to joint order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan № 124 of 11.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 62 of 12.05.2023 (shall be enforced upon expiration of ten calendar days after the day of its first official publication).15-3. The values calculated by entities for the R indicator shall be normalised into the range from 0 to 100 points. Data normalisation shall be performed for each sampling population (sample) using the following formula:
R=Rinterm-RminRmax-Rmin,where
R – risk level indicator (final) based on subjective criteria of a separate entity subject to supervision;
Rmax – maximum possible value on the scale of risk degree by subjective criteria for entities included in one sampling population (sample) (upper limit of the scale);
Rmin – the minimum possible value on the scale of the degree of risk by subjective criteria for the entities included in one sampling population (sample) (the lower limit of the scale);
Rinterm– an intermediate indicator of the degree of risk according to subjective criteria.
Footnote. The criteria have been supplemented by paragraph 15-3 as per joint order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan № 124 dated 11.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 62 dated 12.05.2023 (shall apply upon expiration of ten calendar days after the day of its first official publication).16. In terms of the risk level based on subjective criteria, the entity under supervision shall be classified as follows:
1) with a high risk degree - with a risk degree index from 71 to 100 inclusive;
2) with a medium risk degree - with the risk degree indicator from 31 to 70 inclusive;
3) with a low risk degree - with risk degree indicator from 0 to 30 inclusive.
Footnote. Paragraph 16 - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see para. 4 for the enactment procedure).17. For spheres of activities of entities under supervision classified as high risk, the frequency of compliance audits shall be based on the risk assessment criteria, but not more than once a year.
For spheres of activities of entities subject to supervision classified as medium risk, the frequency of compliance audits shall be determined by the risk assessment criteria, but not more often than once every two years.
For areas of activities of entities subject to supervision classified as low risk, the frequency of compliance audits shall be based on the risk assessment criteria, but not more often than once every three years.
18. The frequency of preventive control with a visit to an entity under supervision shall be specified by the supervisory authorities with respect to entities classified as high and medium risk, not more than twice a year.
19. Compliance inspections shall be performed based on the schedule formed as per Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.
20. Preventive control with visits to the entity being monitored shall be based on semi-annual lists formed under Article 144-2 of the Entrepreneurial Code of the Republic of Kazakhstan.
21. The analysis and evaluation of subjective criteria shall enable compliance testing and preventive controls to be performed against the entity being monitored with the highest potential risk.
In this case, data of subjective criteria, previously recorded and used in relation to a particular entity under control or data with respect to which the statute of limitations has expired under the laws of the Republic of Kazakhstan shall not be used in the analysis and evaluation process.
It shall be prohibited to include entities under monitoring that have eliminated in full the violations issued as a result of the previous preventive control with a visit and (or) compliance inspection in the formation of schedules and lists for the next period of state control.
22. To implement the principle of encouraging bona fide entities under supervision and concentrating supervision on violators, entities under supervision shall be exempted from preventive control with a visit to the entity under supervision and (or) compliance inspection for a period determined by the criteria for assessing the risk level of the regulating public authority.
Footnote. Paragraph 22 - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see paragraph 4 for the procedure of enactment).23. The entities under supervision shall be transferred using the information system from high risk to medium risk or from medium risk to low risk in the respective areas of activities of the entities under supervision in cases:
1) if such entities have entered into contracts for insurance of civil liability to third parties in cases and pursuant to the procedure established by the laws of the Republic of Kazakhstan;
2) If the laws of the Republic of Kazakhstan and the risk assessment criteria of the regulatory public authorities specify cases of exemption from preventive control with a visit to the entity under control or carrying out compliance inspections.
24. The system of risk assessment and management by public authorities shall be maintained using information systems that classify entities subject to control to specific risk levels and form schedules or lists of control measures, and shall be based on state statistics, results of departmental statistical surveillance, and information tools.
Should there be no information system for risk assessment and management, the minimum permissible threshold for the number of entities subject to control, in respect of which preventive control with visits to the entity subject to control and (or) compliance inspections are carried out, shall not exceed five per cent of the total number of such entities subject to control in a particular area of state control.
Subjective criteria for assessing the risk level of state control over security activities for preventive control with a visit to the entity under control
Footnote. Annex 1 as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see para. 4 for the procedure of enactment).
№ | Subjective criteria for risk assessment | Degree of impairment |
Section 1. Findings of monitoring of reports, information provided by the entity subject to control, analysis and information provided by public authorities and organisations and operational and preventive measures undertaken by law enforcement and special public authorities: | ||
Subsection 1: For all actors engaged in security activities: | ||
1 | Failure to submit or submission of inaccurate reports, information, data. | Gross |
2 | Absence of a document certifying his/her identity and his/her membership in a private security organisation by an employee of a private security organisation who holds the position of a security guard. | Major |
3 |
Non-compliance of the security guard's identity document and his/her membership in a private security organisation with the following requirements: | Major |
4 | Failure of a private security organisation to have a written contract for the provision of security services. | Minor |
5 | Absence of a document proving mandatory insurance of an employee holding the position of a security guard of a private security company. | Gross |
6 |
The staffing level of employees of the private security company occupying the positions of security guards do not meet the following standards: | Gross |
7 |
Employees of a private security company who hold the position of a security guard fail to observe the following Rules for Wearing Uniforms: | Minor |
8 |
Employees of a private security organisation holding positions of security guards wear uniforms and insignia and fittings that fail to meet the following requirements: | Minor |
9 | Legal entities and citizens of the Republic of Kazakhstan are simultaneously founders, participants and (or) owners of more than one organisation engaged in security activities. | Gross |
10 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see p.4 for the procedure of enactment). | |
11 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see p.4 for the procedure of enactment). | |
12 | A private security company is a subsidiary of an entity engaged in activities other than security activities. | Gross |
13 | Founders (participants) of a private security company are founders or officials of organisations in respect of which security services are provided. | Gross |
14 | Founders (participants) of a private security company are citizens who have a criminal record for committing a crime, as well as legal entities, whose founders (participants) include these persons. | Gross |
15 | Founders (participants) of a private security organisation are legal entities, in respect of which security services are rendered, and legal entities affiliated with them. | Gross |
16 | Founders (participants) of a private security company are public associations. | Gross |
17 | The founders (participants) of a private security company are foreign legal entities, legal entities with foreign participation, foreigners, stateless persons, as well as those who have a private security company in trust management. | Gross |
Subsection 2. For security actors established by national companies: | ||
18 | Presence of the fact that security entities established by national companies render security services to third parties. | Gross |
19 | A private security company is not a subsidiary of an organisation engaged in activities other than security activities. | Gross |
20 | Founders (participants) of a private security company are not founders or officials of the entities in respect of which security services are provided. | Gross |
21 | Founders (participants) of a private security company are not legal entities, in respect of which security services are rendered, and legal entities affiliated with such legal entities. | Gross |
Section 2: Findings of the previous audit and preventive inspection with a visit to the entity under control: | ||
Subpart 1: For all actors engaged in security activities: | ||
22 | Absence of a document certifying the identity of an employee of a private security company holding the position of a security guard and his/her membership in a private security organisation. | Major |
23 |
Failure to conform to the following requirements for a document certifying the identity of a security guard and his/her belonging to a private security company: | Major |
24 | Failure of a private security company to have a written contract for the provision of security services. | Minor |
25 | Absence of a document certifying mandatory insurance of an employee holding the position of a security guard of a private security organisation. | Gross |
26 |
The number of employees of the private security organisation holding positions of security guards does not correspond to the following norms: | Gross |
27 |
Employees of a private security company, who hold the position of a security guard, do not observe the following Rules for wearing uniforms: | Minor |
28 |
Availability of uniforms, insignia and fittings of employees of a private security company holding the position of security guards that do not comply with the following requirements: | Minor |
29 | Legal entities and citizens of the Republic of Kazakhstan are simultaneously founders, participants and (or) owners of more than one organisation engaged in security activities. | Gross |
30 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see p.4 for the procedure of enactment). | |
31 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 dated 15.05.2023 (see p.4 for the procedure of enactment). | |
32 | A private security company is a subsidiary of an entity engaged in activities other than security activities. | Gross |
33 | Founders (participants) of a private security company are founders or officials of organisations in respect of which security services are being rendered. | Gross |
34 | Founders (participants) of a private security company are citizens who have a criminal record for committing a crime, as well as legal entities, whose founders (participants) include these persons. | Gross |
35 | Founders (participants) of a private security company are legal entities in respect of which security services are rendered, and legal entities affiliated with them. | Gross |
36 | Учредителями (участниками) частной охранной организации являются общественные объединения. | Gross |
37 | The founders (participants) of a private security company are foreign legal entities, legal entities with foreign participation, foreigners, stateless persons, as well as those who have a private security company in trust management. | Gross |
Subsection 2. For security actors established by national companies: | ||
38 | Presence of the fact that security companies established by national companies render security services to third parties. | Gross |
39 | A private security company is not a subsidiary of an entity engaged in activities other than security activities. | Gross |
40 | Founders (participants) of a private security company are not founders or officials of entities in respect of which security services are rendered. | Gross |
41 | Founders (participants) of a private security company are not legal entities, in respect of which security services are rendered, and legal entities affiliated with such legal entities. | Gross |
Section 3: Findings of preventive control without a visit to the entity under control (recommendation): | ||
42 | Non-implementation of the recommendation by the entity being monitored. | Gross |
Section 4: Presence of unfavourable incidents caused by the entity under supervision: | ||
43 | Initiating criminal proceedings against a security guard, manager, founder (participant) of an entity being controlled. | Gross |
44 |
Initiating an administrative case against a security guard, head, founder (participant) of a control subject for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false information on the fact of corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacturing, storage, import, transportation, distribution of mass media products in the territory of the Republic of Kazakhstan; obstructing officials of state inspections and state control and supervision bodies in the performance of their official duties, failure to comply with resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as performing actions (operations) without appropriate registration, permission or notification; violation of licensing norms; violation of requirements for the installation, adjustment and maintenance of security alarm systems; breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the zone of anti-terrorist operation; actions provoking a breach of law and order in the state of emergency; failure to report on measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and objects to persons held in penal institutions or special establishments; Illegal acquisition, transfer, sale, storage, carrying, transportation by individuals and legal entities of weapons; breach of the order of storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; violation of the rules of turnover of civilian and service weapons; unlawful use of weapons; violation of the order of registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion of surrender for sale of civilian, service, award, collector's weapons; violation of the order of registration (re-registration) of civilian, service, collector's weapons or their registration; infringement of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedures established by the laws of the Republic of Kazakhstan, financing of their activities; infringement of the laws of the Republic of Kazakhstan on religious activities and religious associations; illegal seizure of passports, identity cards or taking them in pledge; submission of knowingly false information to the state bodies of the Republic of Kazakhstan; breach of the laws of the Republic of Kazakhstan on citizenship; breach of the established requirements in the sphere of protection of state secrets, as well as in the work with official information of limited distribution; illegal penetration into protected facilities; | Gross |
45 | An offence has been committed at the facility protected by the entity under supervision or an emergency incident directly related to the provision of security (provision of security services) has occurred). | Gross |
46 | Loss, misplacement of service weapons. | Gross |
Section 5: Existence of substantiated complaints and enquiries: | ||
47 | Presence of a confirmed complaint or appeal of a natural or legal person through the result of an unscheduled inspection or preventive control without visiting the entity under supervision. | Gross |
Section 6: Analysing publications and media coverage: | ||
48 | Presence of confirmed negative publications and media coverage of the quality of security services rendered by the private security company. | Minor |
49 | Presence of confirmed negative publications and media coverage, highlighting negative incidents. | Major |
Subjective criteria for assessing the degree of risk of state control over security activities for the purposes of compliance inspection
Footnote. Annex 2 as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 dated 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 dated 15.05.2023 (see paragraph 4 for the procedure of implementation).
№ | Subjective criteria for assessing the degree of risk | Degree of impairment |
Section 1: Findings of monitoring of reports, details presented by the entity subject to supervision, analysis and information submitted by public authorities and entities, as well as operational and preventive measures undertaken by law enforcement and special public authorities: | ||
Subpart 1: For all actors engaged in security activities: | ||
1 | The head of a private security company (including branches and representative offices) has no higher legal education or at least three years of work experience in command positions in the Armed Forces, other troops and military formations or in senior positions in law enforcement and special bodies. | Major |
2 | The head of the private security company is not a national of the Republic of Kazakhstan. | Gross |
3 | The head of a private security company does not have a certificate of training under a special programme. | Major |
4 | The head of a private security company does not have a certificate of completion of advanced training courses under a special programme. | Major |
5 | The head of a private security company is a person with mental, behavioural disorders (diseases), including those associated with the use of psychoactive substances, registered with entities providing medical assistance in the field of mental health care. | Gross |
6 | The head of a private security company is a person who has a criminal record for committing an offence. | Gross |
7 |
The head of a private security company is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
8 |
The head of a private security company is a person against whom, within one year prior to assuming the position of the head or during the period of holding this position, a court verdict of conviction has been passed for a criminal offence, and also within one year prior to assuming the position of the head or during the period of holding this position has been released from criminal liability for a criminal offence: | Gross |
9 | The head of a private security company was brought to administrative responsibility earlier within a year prior to assuming the position of the head or during the period of holding this position for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in residential areas; knowingly false call of special services; knowingly false reporting of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacture, storage, import, transportation, distribution in the territory of the Republic of Kazakhstan of the products of medium; hindering officials of state inspections and bodies of state control and supervision in the performance of their official duties, failure to comply with resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as carrying out actions (operations) without appropriate registration, permission or notification; violation of licensing norms; infringement of the requirements for installation, adjustment and maintenance of security alarm systems; breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the zone of anti-terrorist operation; actions provoking a breach of law and order in the state of emergency; failure to report on measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and items to persons held in penal correctional system institutions or special institutions; illegal acquisition, transfer, sale, storage, carrying, transportation by natural and legal persons of weapons; infringement of the procedure for the storage, accounting, use, transportation, trade, destruction, importation, exportation of civilian pyrotechnic substances and articles with their application; violation of the rules of turnover of civilian and service weapons; unlawful use of weapons; breach of the procedure for registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from surrendering for sale civilian weapons and ammunition; infringement of the laws of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; breach of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure established by the laws of the Republic of Kazakhstan, financing of their activities; breach of the laws of the Republic of Kazakhstan on religious activities and religious associations; unlawful seizure of passports, identity cards or taking them in pledge; Filing knowingly false information with the government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; violation of the laws of the Republic of Kazakhstan on citizenship; breach of the established requirements in the sphere of protection of state secrets, as well as in the work with official information of restricted distribution; illegal penetration into protected facilities; manifestation of contempt of court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from testifying; knowingly false testimony of a witness, victim, expert opinion or incorrect translation; failure to appear before a prosecutor, investigator and the body of enquiry, bailiff, court enforcement officer, court bailiff; failure to obey a lawful order or request of an employee (serviceman) of a law enforcement or special government body, military police body, state courier service, bailiff, court bailiff; failure to execute a court judgement, court decision or other judicial act and enforcement document; failure to execute a resolution or other lawful request of a court bailiff, court bailiff; obstruction of a court bailiff in the execution of enforcement documents; Illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
10 | The head of the private security company was discharged less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies. | Gross |
11 |
The head of a private security company, while holding a similar position or the position of a security guard of a private security company, had his employment contract cancelled less than three years ago, on the following grounds: | Gross |
12 | An employee of a private security company occupying the position of a security guard is not a citizen of the Republic of Kazakhstan. | Gross |
13 | Age of an employee of a private security company who holds the position of a security guard under 19 years of age. | Major |
14 | Absence of a certificate of training under a special programme for an employee of a private security company occupying the position of a security guard. | Major |
15 | Absence of a certificate of completion of advanced training courses under a special programme for an employee of a private security organisation holding the position of a security guard. | Major |
16 | An employee of a private security company who holds the position of a security guard is a person who has a criminal record for committing a crime. | Gross |
17 | An employee of a private security company holding the position of a security guard is a person with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities providing health care in the field of mental health care. | Gross |
18 |
An employee of a private security company holding the position of a security guard is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
19 |
An employee of a private security company occupying the position of a security guard is a person against whom, within one year prior to assuming the position of a security guard or during the period of holding this position, a court verdict of conviction has been passed for a criminal offence, and also within one year prior to assuming the position of a security guard or during the period of holding this position has been released from criminal liability for a criminal offence: | Gross |
20 | An employee of a private security company occupying the position of a security guard has been brought to administrative responsibility earlier within a year prior to being hired as a security guard or during the period of holding this position for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false calling of special services; knowingly false information about the fact of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; failure to obey the lawful request of a person involved in ensuring public order; providing premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products, as well as other products in the territory of the Republic of Kazakhstan; hindering officials of state inspections and bodies of state control and supervision in the performance of their official duties, failure to implement orders, instructions and other requirements; engaging in entrepreneurial or other activities, as well as the performance of actions (operations) without appropriate registration, permission or notification; infringement of licensing norms; breach of requirements for the installation, adjustment and maintenance of security alarm systems (Art. 469); breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the zone of anti-terrorist operation; actions provoking a breach of law and order in the state of emergency; failure to report on measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and items to persons held in penal correctional institutions or special establishments; illegal acquisition, transfer, sale, storage, carrying, transportation by natural and legal persons of weapons; infringement of the procedure for the storage, accounting, use, transportation, trade, destruction, importation, exportation of civilian pyrotechnic substances and articles with their use; infringement of the rules for the circulation of civilian and service weapons; Illegal use of weapons; infringement of the order of registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from handing over for sale civilian weapons, ammunition for them; breach of the laws of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; infringement of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure prescribed by the laws of the Republic of Kazakhstan, financing of their activities; infringement of the laws of the Republic of Kazakhstan on religious activities and religious associations; Illegal withdrawal of passports, identity cards or taking them as collateral; submission of knowingly false information to the government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; breach of the legislation of the Republic of Kazakhstan on citizenship; breach of the established requirements in the sphere of protection of state secrets, as well as in the work with official information of limited distribution; illegal penetration into protected facilities; manifestation of contempt of court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from testifying; knowingly false testimony of a witness, victim, expert opinion or incorrect translation; failure to appear before a procurator, investigator or body of enquiry, court bailiff, court officer; disobedience of a lawful order or request of an employee (serviceman) of a law enforcement or special state body, military police body, state courier service, court bailiff, court officer; failure to execute a court judgement, court decision or other judicial act and enforcement document; non-execution of a resolution or other lawful request of a court bailiff or court officer; obstruction of a court bailiff in the execution of enforcement documents; illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
21 | An employee of a private security company occupying the position of a security guard had been fired less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies. | Gross |
22 |
An employment contract was terminated with an employee of a private security organisation who held the position of a security guard while holding a similar position less than three years ago, on the following grounds: | Gross |
Subpart 2: For entities protecting facilities vulnerable to terrorism: | ||
23 | Experience in providing security services for less than one year. | Gross |
24 | Absence of office premises for centralised security station location on the right of ownership or lease. | Gross |
25 | Lack of centralised monitoring station | Gross |
26 | Lack of radio communication. | Gross |
27 | Availability of less than two mobile groups (rapid response groups) to respond to facility alarms. | Gross |
28 | Lack of service weapons, including firearms. | Gross |
28-1 | A private security company is engaged in other entrepreneurial activities, excluding works on installation, adjustment and maintenance of security alarm systems. | Gross |
28-2 | A private security company is engaged in security activities without a charter and a licence to perform security activities | Gross |
Subsection 3. For security entities established by national companies: | ||
29 | Failure to obtain a letter of approval from the competent authority for control over security activities in the territory of the Republic of Kazakhstan for the right to establish a security firm by a national company. | Gross |
Section 2: Findings of the previous audit: | ||
Subpart 1: For all entities involved in security activities: | ||
30 | Lack of higher legal education or work experience of at least three years in command positions in the Armed Forces, other troops and military formations or in senior positions in law enforcement and special agencies in the head of a private security company (including branch and representative offices). | Major |
31 | The head of the private security company is not a citizen of the Republic of Kazakhstan. | Gross |
32 | The head of a private security company does not have a certificate of training under a special programme. | Major |
33 | The head of a private security company does not have a certificate of completion of advanced training courses under a special programme. | Major |
34 | The head of a private security company is a person with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities providing medical assistance in the field of mental health care. | Gross |
35 | The head of a private security company is a person who has a criminal record for committing an offence. | Gross |
36 |
The head of a private security company is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
37 |
The head of a private security company is a person against whom, within one year prior to assuming the position of the head or during the period of holding this position, a court verdict of conviction has been passed for a criminal offence, and also within one year prior to assuming the position of the head or during the period of holding this position has been released from criminal liability for a criminal offence: | Gross |
38 | The head of a private security company was brought to administrative responsibility earlier within a year prior to assuming the position of head or during the period of holding this position for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false information on the fact of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobeying the lawful request of a person involved in ensuring public order; providing premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products, as well as other products in the territory of the Republic of Kazakhstan; impeding officials of state inspections and bodies of state control and supervision in the performance of their official duties, non-fulfilment of resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as performing actions (operations) without the appropriate registration, authorisation or sending notification; breach of licensing norms; failure to observe the requirements for installation, adjustment and maintenance of security alarm systems; breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the area of anti-terrorist operations; acts inciting a breach of law and order in a state of emergency; failure to report on measures taken and (or) failure to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and objects to persons held in penal institutions or special institutions; illegal acquisition, transfer, sale, storage, carrying, transportation of weapons by natural and legal persons; infringement of the order of storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; infringement of the regulations of turnover of civilian and service weapons; unlawful use of weapons; infringement of the order of registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from handing over for sale civilian weapons, ammunition to it; infringement of the laws of the Republic of Kazakhstan on the order of organisation and conduct of peaceful events; infringement of the laws of the Republic of Kazakhstan on the order of organisation and conduct of peaceful events; breach of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure laid down by the laws of the Republic of Kazakhstan, financing of their activities; breach of the laws of the Republic of Kazakhstan on religious activities and religious associations; unlawful seizure of passports, identity cards or taking them in pledge; providing knowingly false data to the state authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; infringement of the laws of the Republic of Kazakhstan on citizenship; breach of the prescribed requirements in the area of protection of state secrets, as well as in the work with official information of restricted distribution; unlawful entry into protected objects; manifestation of contempt of court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from testifying; knowingly false testimony of a witness, victim, expert report or incorrect translation; non-appearance before a prosecutor, investigator or body of enquiry, court bailiff, court officer; disobedience to a lawful order or request of an employee (serviceman) of a law enforcement or special state body, military police body, state courier service, court bailiff, court bailiff; non-execution of a court judgement, court decision or other judicial act and enforcement document; non-execution of a resolution or other lawful request of a court bailiff or court officer; obstruction of a court bailiff in the execution of enforcement documents; illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
39 | The head of the private security company was discharged less than three years ago due to adverse reasons from the state, military service, law enforcement agencies, courts and justice bodies. | Gross |
40 |
The head of a private security company, while holding a similar position or the position of a security guard of a private security company, had his/her employment contract terminated less than three years ago, on the following grounds: | Gross |
41 | An employee of a private security company occupying the position of a security guard is not a citizen of the Republic of Kazakhstan. | Gross |
42 | Age of an employee of a private security company who holds the position of a security guard under 19 years of age. | Major |
43 | Absence of a certificate of training under a special programme for an employee of a private security company occupying the position of a security guard. | Major |
44 | An employee of a private security company occupying the position of a security guard does not have a certificate of completion of advanced training courses under a special programme. | Major |
45 | An employee of a private security company occupying the position of a security guard is a person with a criminal record for committing a crime. | Gross |
46 | An employee of a private security company occupying the position of a security guard is a person with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities rendering mental health medical assistance. | Gross |
47 |
An employee of a private security company occupying the position of a security guard is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
48 |
An employee of a private security company occupying the position of a security guard is a person against whom, within one year prior to assuming the position of a security guard or within the period of holding this position, a court verdict of conviction has been rendered for a criminal offence, and also within one year prior to assuming the position of a security guard or within the period of holding this position has been released from criminal liability for a criminal offence: | Gross |
49 | An employee of a private security company occupying the position of a security guard has been brought to administrative responsibility earlier within a year prior to being hired as a security guard or within the period of holding this position for committing the following administrative offences: failure to execute and (or) improper execution of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false reporting of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products, as well as other products in the territory of the Republic of Kazakhstan; impeding officials of state inspections and bodies of state control and supervision in the performance of their official duties, failure to fulfil resolutions, instructions and other requirements; occupation in entrepreneurial or other activities, as well as implementation of actions (operations) without appropriate registration, permission or notification; infringement of licensing norms; infringement of requirements for installation, adjustment and maintenance of security alarm systems; infringement of the laws of the Republic of Kazakhstan in the field of security activities; infringement of the state of emergency; infringement of the legal regime in the anti-terrorist operation zone; acts inciting a breach of law and order in a state of emergency; failure to report on measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and objects to persons held in penal institutions or special institutions; Illegal procurement, transfer, sale, storage, carrying, transportation by natural and legal persons of weapons; violation of the procedure for the storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; infringement of the regulations on the circulation of civilian and service weapons; unlawful use of weapons; infringement of the procedure for the registration (re-registration) of civilian, service, award and collector's weapons or for their registration; evading the surrender of civilian weapons and ammunition for sale; breach of the laws of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; breach of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure established by the laws of the Republic of Kazakhstan, and financing of their activities; breach of the laws of the Republic of Kazakhstan on religious activities and religious associations; illegal seizure of passports or identity cards or taking them as collateral; provision of knowingly false information to government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or reinstatement of citizenship of the Republic of Kazakhstan; breach of the laws of the Republic of Kazakhstan on citizenship; infringement of the established requirements in the sphere of protection of state secrets, as well as in the work with official information of limited distribution; illegal penetration into protected facilities; manifestation of contempt of court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from giving evidence; knowingly false testimony of a witness, victim, expert report or incorrect translation; failure to appear before a prosecutor, investigator or body of enquiry, bailiff, court officer; disobedience to a lawful order or request of an employee (serviceman) of a law enforcement or special government agency, military police agency, state courier service, bailiff or court officer; non-execution of a court judgement, court decision or other judicial act and enforcement document; non-execution of a resolution or other lawful request of a court officer or bailiff; obstruction of a court officer in the execution of enforcement documents; unlawful wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
50 | An employee of a private security company occupying the position of a security guard was discharged less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies | Gross |
51 |
The labour contract was terminated with an employee of a private security company occupying the position of a security guard less than three years ago while he was holding a similar position, on the following grounds: | Gross |
51-1 | A private security company is engaged in other entrepreneurial activities, save for installation, adjustment and maintenance of security alarm systems | Gross |
51-2 | A private security company is engaged in security activities without a charter and a licence to perform security activities | Gross |
Subpart 2: For entities protecting facilities vulnerable to terrorism: | ||
52 | Experience in providing security services for less than one year. | Gross |
53 | Absence of office premises for centralised security station location on the right of ownership or lease. | Gross |
54 | Absence of a centralised monitoring station | Gross |
55 | Lack of radio communication. | Gross |
56 | Presence of less than two mobile groups (rapid response groups), providing for the departure to alarms of facilities. | Gross |
57 | Lack of service weapons, including firearms. | Gross |
Subsection 3. For entities engaged in security activities established by national companies: | ||
58 | Lack of a letter of approval from the competent authority for control over security activities in the territory of the Republic of Kazakhstan for the right to establish a security company by a national company. | Gross |
Section 3: Findings of preventive monitoring without a visit to the entity being monitored (recommendation): | ||
59 | Non-implementation of the recommendation by the entity being monitored. | Gross |
Section 4: Presence of substantiated complaints and enquiries: | ||
60 | Presence of a confirmed complaint or appeal of an individual or legal entity as a result of an unscheduled audit or preventive control without visiting the entity under monitoring. | Gross |
Subjective criteria for assessing the degree of risk for state control over the activities of specialised training centres
for the training and advanced training of employees occupying the positions of a manager and a security guard
in a private security company for inspection for compliance with requirements
№ | Subjective criteria for evaluating the degree of risk | Degree of impairment |
Section 1: Findings of monitoring of reports, information supplied by the entity being monitored, analysis and data provided by public authorities and entities and operational and preventive measures undertaken by law enforcement and special public authorities: | ||
1 | Lack of space for holding classes in compliance with sanitary norms. | Gross |
2 |
Absence of a shooting range for firearms training: | Gross |
3 | Absence of special and technical means envisaged in curricula and study plans. | Major |
4 | Absence of teachers with relevant theoretical, practical knowledge and teaching skills in the area of their professional competence, and specialists involved in the training process who have professional experience in the field of security activities (copies of supporting documents). | Major |
5 | Founders (participants), heads of specialised training centres for training and advanced training of employees holding positions of a manager and a security guard in a private security company (hereinafter – STC) and their branches are individuals with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities rendering mental health medical assistance. | Gross |
6 | Founders (participants), heads of STC and their branches are persons with a criminal record for committing an offence. | Gross |
7 |
Founders (participants), heads of STC and their branches are individuals released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
8 |
The founders (participants), heads of STC and their branches are persons against whom, within one year prior to assuming the position or within the period of holding the position, a court has passed a conviction for a criminal offence or within one year prior to assuming the position or within the period of holding the position, a person has been released from criminal liability for a criminal offence: | Gross |
9 | The founders (participants), heads of the SCC and their branches were held administratively liable earlier within a year prior to taking office or while in office for the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false reporting of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the legitimate request of a person involved in ensuring public order; offering premises knowingly for prostitution or procuring; production, storage, importation, transportation, distribution of mass media products, as well as other products on the territory of the Republic of Kazakhstan; Impeding officials of state inspections and bodies of state control and supervision in the performance of their official duties, failure to comply with resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as performing actions (operations) without the appropriate registration, authorisation or sending notification; breach of licensing norms; breach of requirements for installation, adjustment and maintenance of security alarms; breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the zone of anti-terrorist operations; acts instigating a breach of law and order in a state of emergency; failure to report on measures adopted and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, products and items to persons held in penal institutions or special institutions; Illegal procurement, transfer, sale, storage, carrying, transportation by natural and legal persons of weapons; infringement of the order of storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; infringement of the rules of turnover of civilian and service weapons; and unlawful use of weapons; breach of the procedure for registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from surrendering civilian weapons and ammunition for sale; breach of the legislation of the Republic of Kazakhstan on the procedure for the organisation and holding of peaceful assemblies; infringement of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure established by the laws of the Republic of Kazakhstan, financing of their activities; infringement of the laws of the Republic of Kazakhstan on religious activities and religious associations; unlawful seizure of passports, identity cards or taking them in pledge; Filing knowingly false data with the government authorities of the Republic of Kazakhstan when obtaining identity documents or when submitting an application for permanent residence in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; violation of the legislation of the Republic of Kazakhstan on citizenship; infringement of established requirements in the sphere of protection of state secrets, as well as in the work with official information of limited distribution; illegal penetration into protected facilities; manifestation of contempt of court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from testifying; knowingly false testimony of a witness, victim, expert opinion or incorrect translation; failure to appear before a prosecutor, investigator and body of enquiry, court enforcement officer, bailiff; disobeying a lawful order or request of an employee (serviceman) of a law enforcement or special government authority, military police authority, state courier service, bailiff, court bailiff; failure to execute a court judgement, court decision or other judicial act and enforcement document; failure to execute a resolution or other lawful request of a court executor, bailiff; obstructing a court executor in the execution of enforcement documents; Illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
10 | Founders (participants), heads of STC and their branches are persons discharged less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies. | Gross |
11 |
With the founders (participants), heads of STC and their branches, while they held a similar position or the position of a security guard of a private security company, the labour contract was terminated less than three years ago, on the following grounds: | Gross |
12 | Founders (participants), heads of STC and their branches are foreign legal entities, legal entities with foreign participation, foreigners, as well as stateless persons. | Gross |
13 |
Inconsistency of service weapons and ammunition of the following types, types, models and quantities: | Gross |
Section 2: Findings of the previous audit: | ||
14 | Absence of premises for holding classes that comply with sanitary norms. | Gross |
15 |
Absence of a shooting range for firearms training: | Gross |
16 | Absence of special and technical means envisaged in training programmes and curricula. | Major |
17 | Absence of teachers with relevant theoretical, practical knowledge and teaching skills in the area of their professional competence, and experts involved in the training process who have professional experience in the field of security activities (copies of supporting documents). | Major |
18 | Founders (participants), heads of STCand their branches are persons with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities rendering medical assistance in the field of mental health care. | Gross |
19 | Founders (participants), heads of STC and their branches are persons with a criminal record for committing an offence. | Gross |
20 |
Founders (participants), heads of STC and their branches are persons released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
21 |
The founders (participants), heads of STC and their branches are persons against whom, within one year prior to assuming the position or during the period of holding the position, a court has passed a conviction for a criminal misdemeanour or, within one year prior to assuming the position or during the period of holding the position, has been released from criminal liability for a criminal misdemeanour: | Gross |
22 | The founders (participants), heads of the SCC and their branches were brought to administrative responsibility earlier within a year prior to taking office or during the period of holding this position for committing the following administrative offences: failure to fulfil and (or) improper fulfilment of obligations to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false reporting of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacture, storage, import, transportation, distribution of mass media products, as well as other products on the territory of the Republic of Kazakhstan; obstructing officials of state inspections and state control and supervision bodies in the performance of their official duties, failure to comply with resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as carrying out actions (operations) without appropriate registration, permission or notification; infringement of the lisencing norms; breach of requirements for installation, adjustment and maintenance of security alarm systems; breach of the laws of the Republic of Kazakhstan in the field of security activities; breach of the state of emergency; breach of the legal regime in the zone of anti-terrorist operation; actions provoking a breach of law and order in a state of emergency; non-reporting of the measures adopted and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and items to persons held in penal institutions or special institutions; illegal acquisition, transfer, sale, storage, carrying, transportation by natural and legal persons of weapons; violation of the procedure for storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and articles with their use; breaching the turnover regulations for civilian and service weapons; illegal use of weapons; breaching the procedure for registering (re-registering) civilian, service, award, collector's weapons or putting them on the register; evasion from surrendering civilian weapons and ammunition for sale; breaching the legislation of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; breach of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure established by the laws of the Republic of Kazakhstan, financing of their activities; infringement of the laws of the Republic of Kazakhstan on religious activities and religious associations; unlawful seizure of passports, identity cards or taking them in pledge; knowingly presenting false data to the government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; violation of the legislation of the Republic of Kazakhstan on citizenship; infringement of the established requirements in the area of protection of state secrets, as well as in the work with official information of restricted distribution; unlawful entry into protected facilities; manifestation of contempt of court; liability of participants in proceedings on a case of administrative offence; refusal or evasion of a witness to testify; knowingly false testimony of a witness, victim, expert opinion or incorrect translation; non-appearance before a procurator, investigator or body of enquiry, court bailiff, court bailiff; disobedience of a lawful order or request of an employee (serviceman) of a law enforcement or special state body, military police body, state courier service, court officer, court bailiff; non-execution of a court judgement, court decision or other judicial act and enforcement document; non-execution of a resolution or other lawful request of a court officer or bailiff; obstruction of a court officer in the execution of enforcement documents; illegal wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | Gross |
23 | Founders (participants), heads of SCCs and their branches are persons who have been fired less than three years ago for adverse reasons from the state, military service, law enforcement agencies, courts and justice bodies. | Gross |
24 |
An employment contract was terminated with the founders (participants), heads of STC and their branches, while they were holding a similar position or a position of a security guard of a private security company less than three years ago, on the following grounds: | Gross |
25 | Founders (participants), heads of STC and their branches are foreign legal entities, legal entities with foreign participation, foreigners, as well as stateless persons. | Gross |
26 |
Non-compliance of service weapons and ammunition with the following kinds, types, models and quantities: | Gross |
Section 3: Findings of preventive monitoring without a visit to the entity being monitored (recommendation): | ||
27 | Non-implementation of the recommendation by the entity being monitored. | Gross |
Section 4: Presence of substantiated complaints and enquiries: | ||
28 | Presence of a confirmed complaint or appeal of a natural or legal person as a result of an unscheduled inspection or preventive control without visiting the entity under control. | Gross |
Subjective criteria for assessing the risk level of state control over the activities of installation,
adjustment and maintenance of security alarm systems for compliance inspection
№ | Subjective criteria for assessing the degree of risk | Degree of impairment |
Section 1: Findings of the analysis of data reported by public authorities, entities and operational and preventive measures undertaken by law enforcement and special public authorities: | ||
1 | Absence of a notification of a legal entity or an individual on commencement of activities on installation, adjustment and maintenance of security alarm systems. | Gross |
2 | An expert of a legal entity (hereinafter referred to as the entity) performing works on installation, adjustment and maintenance of security alarm systems does not have a document certifying higher or secondary technical education corresponding to the branch of work. | Major |
3 | The entity does not have premises with equipment (or a contract for its lease) to perform adjustment, maintenance of security alarm systems and inspect the technical condition of the installed equipment. | Major |
4 | The head of the entity is not a citizen of the Republic of Kazakhstan. | Gross |
5 | The head of the entity is a person registered with health care organisations for mental illness. | Gross |
6 | The head of the entity has an outstanding or unexpunged criminal record under the procedure established by law. | Gross |
7 |
The head of the entity is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
8 | The entity's employee is not a citizen of the Republic of Kazakhstan. | Gross |
9 | An employee of the entity is a person registered with health entities for a mental illness. | Gross |
10 | The employee of the entity has an outstanding or unexpunged criminal record as prescribed by law. | Gross |
11 |
An employee of the entity is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
12 | Absence of a document certifying higher or secondary technical education appropriate to the field of work of a natural person engaged in installation, adjustment and maintenance of security alarm systems. | Major |
13 | Absence of premises with equipment (or contract for its lease) for adjustment, maintenance of security alarm systems and inspection of the technical condition of the installed equipment by a natural person engaged in installation, adjustment and maintenance of security alarm systems. | Major |
14 | A natural person engaged in installation, adjustment and maintenance of security alarm systems is not a citizen of the Republic of Kazakhstan. | Gross |
15 | A natural person performing activities related to installation, adjustment and maintenance of security alarm systems is a person registered in health care organisations for mental illness. | Gross |
16 | A natural person engaged in installation, adjustment and maintenance of security alarm systems has an outstanding or unexpunged criminal record as prescribed by law. | Gross |
17 |
A natural person engaged in the activity of installation, adjustment and maintenance of security alarm systems is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
Section 2: Findings of the previous audit: | ||
18 | Absence of a notification of a legal entity or a natural person on commencement of activities on installation, adjustment and maintenance of security alarm systems. | Gross |
19 | An expert of a legal entity (hereinafter referred to as the entity) performing works on installation, adjustment and maintenance of security alarm systems does not have a document certifying higher or secondary technical education appropriate to the field of work. | Major |
20 | The entity does not have premises with equipment (or a contract for its lease) to perform adjustment, maintenance of security alarm systems and check the technical condition of the installed equipment. | Major |
21 | The head of the entity is not a citizen of the Republic of Kazakhstan. | Gross |
22 | The head of the entity is a person registered with health care organisations for mental illness. | Gross |
23 | The head of the entity has an outstanding or unexpunged criminal record as prescribed by law. | Gross |
24 |
The head of the entity is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
25 | The entity's employee is not a citizen of the Republic of Kazakhstan. | Gross |
26 | An employee of the entity is a person registered with health organisations for a mental illness. | Gross |
27 | The employee of the entity has an outstanding or unexpunged criminal record pursuant to the procedure established by law. | Gross |
28 |
The employee of the entity is a person released from criminal liability prior to the expiry of the lower limit of the sentence of imprisonment: | Gross |
29 | A natural person engaged in installation, adjustment and maintenance of security alarm systems does not have a document certifying higher or secondary technical education relevant to the field of work. | Major |
30 | A natural person engaged in installation, adjustment and maintenance of security alarm systems does not have premises with equipment (or a contract for its lease) to perform adjustment, maintenance of security alarm systems and check the technical condition of the installed equipment. | Major |
31 | A natural person engaged in installation, adjustment and maintenance of security alarm systems is not a citizen of the Republic of Kazakhstan. | Gross |
32 | A natural person engaged in the installation, adjustment and maintenance of security alarm systems is a person registered with health care entities for mental illness. | Gross |
33 | A natural person involved in the installation, adjustment and maintenance of security alarm systems has an outstanding or unexpunged criminal record as prescribed by law. | Gross |
34 |
A natural person involved in installation, adjustment and maintenance of security alarm systems is a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | Gross |
Section 3: Findings of preventive monitoring without a visit to the entity being monitored (recommendation): | ||
35 | Non-implementation of the recommendation by the entity being monitored. | Gross |
Section 4: Presence of substantiated complaints and enquiries: | ||
36 | Presence of a confirmed complaint or appeal of a natural or legal person as a result of an unscheduled inspection or preventive control without visiting the entity under control. | Gross |
A list of subjective criteria for assessing the degree of risk based on subjective criteria in the field of security activities
Footnote. The joint order has been supplemented by Annex 1-1 as per joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see para. 4 for the procedure of enactment).
Legal entities engaged in security activities
№ s/o | The indicator of the subjective criterion | The source of information on the value of the subjective criterion | Specific weight in importance, score (in total must not exceed 100 points), wi | Conditions/values, xi | |
condition 1/value | condition n.../value | ||||
1 | 2 | 3 | 4 | 5 | |
For preventive monitoring with a visit to the entity | |||||
Section 1. For all entities offering security services | |||||
1 | Legal entities and citizens of the Republic of Kazakhstan are simultaneously founders, participants and (or) owners of more than one company offering security services. | The findings of monitoring reports, details reported by the entity being monitored, analysis and information presented by government agencies and entities, and operational and preventive measures undertaken by law enforcement special public bodies | 25 | 1 fact | |
100% | |||||
2 | A private security company is a subsidiary of an entity engaged in other activities other than security. | The findings of monitoring reports, information presented by the entity under control, analysis and data submitted by government agencies and organisations and operational and preventive measures taken by law enforcement agencies of special government agencies | 25 | 1 fact | |
100 | |||||
3 | The founders (participants) of a private security company are public associations. | The findings of monitoring reports, information supplied by the entity under control, analysis and data provided by government agencies and organisations and operational and preventive measures taken by law enforcement agencies of special government agencies | 25 | 1 fact | |
100 | |||||
Section 2. Findings of preventive control without visiting the entity being monitored (recommendation): | |||||
4 | Non-compliance with the recommendation by the entities under monitoring. | Findings of preventive control without visiting the entity under monitoring (recommendation) | 25 | 1 fact | |
100 % | |||||
For compliance inspections | |||||
Section 1. For all entities engaged in security activities | |||||
1 | A private security company is engaged in other business activities, with the exception of installation, commissioning and maintenance of security alarm systems. | The findings of monitoring reports, data presented by the entity of control, analysis and information provided by government agencies and organisations and operational and preventive measures taken by law enforcement agencies of special governmental bodies | 30 | 1 fact | |
100 % | |||||
2 | A private security company is engaged in security activities without a charter and a license to render security activities | The findings of monitoring reports, data presented by the entity under monitoring, analysis and information supplied by government agencies and organisations and operational and preventive measures conducted by law enforcement agencies of special governmental bodies | 30 | 1 fact | |
100 % | |||||
Section 2. Findings of preventive control without visiting the entity under monitoring (recommendation): | |||||
3 | Non-compliance with the recommendation by the entities being monitored. | Findings of preventive monitoring without visiting the entity being monitored (recommendation) | 40 | 1 fact | |
100 % |
List of subjective criteria for establishing the degree of risk by subjective criteria for the activities
of specialised training centres for the training and advanced training of employees occupying
the positions of manager and security guard in a private security company
Footnote. The joint order has been supplemented by Annex 1-2 under joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see paragraph 4 for the procedure of enactment).
Legal entities involved in the activities of specialised training centres for training and upgrading the qualifications of employees occupying managerial and security guard positions in a private security company
№ s/o | The indicator of the subjective criterion | Source of information on the subjective criterion indicator | Specific weight by importance, point (the total must not exceed 100 points), wi | Conditions/values, xi | |
condition 1/value | condition n.../value | ||||
1 | 2 | 3 | 4 | 5 | |
For compliance inspections | |||||
1 | Non-implementation of the recommendation by the entity being monitored. | Findings of preventive control without a visit to the entity being monitored (recommendation) | 100 | 1 fact | |
100% |
List of subjective criteria for identifying the degree of risk for the activity of installation, adjustment and maintenance of security alarm systems
Footnote. The joint order has been supplemented by Annex 1-3 pursuant to joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see paragraph 4 for the procedure of enactment).
Legal entities and natural persons providing installation, adjustment and maintenance of intruder alarm systems
№ s/o | The indicator of the subjective criterion | Source of information on the subjective criterion indicator | Specific weight by importance, point (the total must not exceed 100 points), wi | Conditions/values, xi | |
condition 1/value | condition n.../value | ||||
1 | 2 | 3 | 4 | 5 | |
For compliance inspections | |||||
1 | Absence of a legal entity or individual notification on commencement of activities on installation, adjustment and maintenance of security alarm systems. | Findings from the analysis of data presented by public authorities, entities and operational and preventive measures carried out by law enforcement and special state bodies | 50 | 1 fact | |
100% | |||||
2 | Non-implementation of the recommendation by the entity being monitored. | Findings of preventive control without a visit to the entity being monitored (recommendation) | 50 | 1 fact | |
100% |
Checklist on state control over security activities
Footnote. The checklist - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see paragraph 4 for the enactment procedure).
In relation to legal entities engaged in security activities
Governmental authority that ordered the inspection ______________________
_______________________________________________________________
Act on the scheduling of the inspection _______________________________________
________________________________________________________ №, date
Name of the entity under inspection __________________________________
________________________________________________________________
IIN, BIN of the entity under inspection ______________________________________
________________________________________________________________
Location address __________________________________________
________________________________________________________________
№ | List of requirements | Meets the requirements | Does not meet the requirements |
1 | 2 | 3 | 4 |
Section 1: For all entities engaged in security activities: | |||
1 | A private security company is engaged in other entrepreneurial activities, apart from installation, adjustment and maintenance of security alarm systems | ||
2 | A private security company performs security activities without a charter and a licence for security activities | ||
3 | The head of a private security company (including branches and representative offices) has a law degree or at least three years of work experience in command positions in the Armed Forces, other troops and military formations or in senior positions in law enforcement and special bodies. | ||
4 | The head of a private security company is a citizen of the Republic of Kazakhstan. | ||
5 | The head of a private security company has a certificate of training under a special programme. | ||
6 | The head of a private security company has a certificate of completion of advanced training courses under a special programme. | ||
7 | The head of the private security company is not a person with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities rendering medical assistance in the field of mental health care. | ||
8 | The head of a private security company is not a person who has a criminal record for committing an offence. | ||
9 |
The head of a private security company is not a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | ||
10 |
The head of a private security company is not a person in respect of whom, within one year prior to assuming the position of the head or during the period of holding this position, a court verdict of conviction has been rendered for committing a criminal misdemeanour, and also within one year prior to assuming the position of the head or during the period of holding this position has been released from criminal liability for committing a criminal misdemeanour: | ||
11 |
The head of a private security company has not been brought to administrative responsibility earlier within a year prior to assuming the position of the head or while holding this position for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false information on the fact of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products, as well as other products on the territory of the Republic of Kazakhstan; impeding officials of state inspections and bodies of state control and supervision in the performance of their official duties, failure to implement resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as performing actions (operations) without appropriate registration, permission or sending notification; breaching licensing norms; infringing the requirements for the installation, adjustment and maintenance of security alarm systems; violating the laws of the Republic of Kazakhstan in the field of security activities; breaking the state of emergency; infringing the legal regime in the zone of anti-terrorist operation; actions provoking a breach of law and order in the state of emergency; failure to report on measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and items to persons held in institutions of the penal correctional system or special institutions; illegal acquisition, transfer, sale, storage, carrying, transportation of weapons by natural and legal persons; Infringement of the procedure for storage, accounting, use, transport, trade, destruction, import and export of civilian pyrotechnic substances and products with their use; breaching the rules of circulation of civilian and service weapons; unlawful use of weapons; violation of the procedure for registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from handing over for sale civilian weapons and cartridges therefor; infringement of the laws of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; infringement of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered under the procedure established by the laws of the Republic of Kazakhstan, financing of their activities; violating the legislation of the Republic of Kazakhstan on religious activities and religious associations; illegal seizure of passports, identity cards or taking them in pledge; submission of knowingly false information to government authorities of the Republic of Kazakhstan when obtaining identity documents or when submitting an application for permanent residence in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; infringement of the laws of the Republic of Kazakhstan on citizenship; infringement of the established requirements in the area of protection of state secrets, as well as in the work with official information of limited circulation; | ||
12 | The head of the private security company has not been discharged less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies. | ||
13 |
The head of a private security company, while holding a similar position or the position of a security guard of a private security company, has not had his/her employment contract terminated less than three years ago, on the following grounds: | ||
14 | An employee of a private security company occupying the position of a security guard is a citizen of the Republic of Kazakhstan. | ||
15 | The age of an employee of a private security company occupying the position of a security guard is not younger than 19 years of age. | ||
16 | An employee of a private security company occupying the position of a security guard has a certificate of training under a special programme. | ||
17 | An employee of a private security company occupying the position of a security guard has a certificate of completion of advanced training courses under a special programme. | ||
18 | An employee of a private security company occupying the position of a security guard is not a person with a criminal record for committing a crime. | ||
19 | An employee of a private security company occupying the position of a security guard is not a person with mental, behavioural disorders (diseases), including those related to the use of psychoactive substances, registered with entities rendering medical assistance in the field of mental health care. | ||
20 |
An employee of a private security company occupying the position of a security guard is not a person released from criminal liability prior to the expiry of the lower limit of the punishment in the form of deprivation of liberty: | ||
21 |
An employee of a private security company occupying the position of a security guard is not a person in respect of whom, within one year prior to assuming the position of a security guard or during the period of holding this position, a court verdict of conviction has been rendered for a criminal offence, and who, within one year prior to assuming the position of a security guard or within the period of holding this position, has been exempted from criminal liability for a criminal offence: | ||
22 |
An employee of a private security company occupying the position of a security guard has not been brought to administrative responsibility earlier within a year prior to being hired as a security guard or within the period of employment in this position for committing the following administrative offences: failure to perform and (or) improper performance of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false information on the fact of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; provision of premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products, as well as other products on the territory of the Republic of Kazakhstan; impeding officials of state inspections and authorities of state control and supervision in the performance of their official duties, failure to implement resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as performing actions (operations) without appropriate registration, permission or sending notification; breaching licensing norms; breaking the requirements for installation, adjustment and maintenance of security alarm systems; infringing the laws of the Republic of Kazakhstan in the field of security activities; disturbing the state of emergency; violating the legal regime in the zone of anti-terrorist operation; actions inciting disturbance of law and order under the state of emergency; failure to report on the measures taken and (or) failure to correct the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, products and items to persons held in penal institutions, special institutions; illegal acquisition, transfer, sale, storage, carrying, transportation of weapons by natural and legal persons; infringement of the order of storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; breach of the turnover regulations for civilian and service weapons; illegal use of weapons; breach of the procedure for registering (re-registering) civilian, service, award, collector's weapons or putting them on the register; evasion from surrendering civilian weapons and ammunition for sale; breach of the laws of the Republic of Kazakhstan on the procedure for organising and holding peaceful assemblies; infringement of the laws of the Republic of Kazakhstan on public associations, as well as leadership, participation in the activities of public and religious associations not registered as prescribed by the laws of the Republic of Kazakhstan, financing of their activities; infringement of the laws of the Republic of Kazakhstan on religious activities and religious associations; unlawful seizure of passports, identity cards or taking them as a pledge; provision of knowingly false information to government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; infringement of the legislation of the Republic of Kazakhstan on citizenship; infringement of the established requirements in the area of protection of state secrets, as well as in the work with official information of limited circulation; | ||
23 | An employee of a private security company occupying the position of a security guard was not removed less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies | ||
24 |
An employee of a private security company occupying the position of a security guard who has not had his/her employment contract terminated less than three years ago while occupying a similar position, on the following grounds: | ||
Section 2: For entities protecting facilities vulnerable to terrorism: | |||
25 | At least one year of experience in rendering security services. | ||
26 | Availability of office premises for centralised security station location on the right of ownership or lease. | ||
27 | Availability of a centralised monitoring station. | ||
28 | Presence of radio communication. | ||
29 | Presence of at least two mobile groups (rapid response groups) to respond to facility alarms. | ||
30 | Presence of service weapons, including firearms. | ||
Section 3. For security service providers established by national companies: | |||
31 | Presence of a letter of approval from the competent authority for control over security activities in the territory of the Republic of Kazakhstan for the right to establish a security company by a national company. |
The official(s) __________________________ _____________
position signature
_______________________________________________________________
surname, first name, patronymic (if any)
Head of the entity being monitored ______________________ ____________
position signature
_______________________________________________________________
surname, first name, patronymic (if any)
Checklist for state control over the activities of specialised training centres for the training and
advanced training of employees serving as heads and security guards in a private security company
Footnote. The checklist - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 924 of 01.12.2022 and the Minister of National Economy of the Republic of Kazakhstan № 113 of 01.12.2022 (shall become effective on 01.01.2023).
Concerning legal entities engaged in the activities of specialised training centres for the training
and advanced training of employees serving as heads and security guards in a private security company
Public authority that ordered the inspection _______________________________
________________________________________________________________________
Act on the assignment of the inspection ________________________________________________
________________________________________________________________________
№, date
Name of the entity under inspection ___________________________________________
________________________________________________________________________
IIN, BIN of the entity under inspection ________________________________________
________________________________________________________________________
Location address __________________________________________________
________________________________________________________________________
№ | List of requirements | Conforms to the requirements | Does not conform to the requirements |
1 | 2 | 3 | 4 |
1 | Availability of premises suitable for training sessions that comply with sanitary norms. | ||
2 |
Availability of a shooting range for firearms training: | ||
3 | Availability of special and technical means envisaged in training programmes and curricula. | ||
4 | Availability of teachers with relevant theoretical, practical knowledge and teaching skills in the area of their professional competence and specialists involved in the training process who have professional experience in the field of security activities (copies of supporting documents). | ||
5 | Founders (participants), heads of STC and their branches are not persons with mental or behavioural disorders (diseases), including those related to substance use, registered with entities rendering medical assistance in the field of mental health. | ||
6 | The founders (participants), heads of STC and their branches are not persons who have a criminal record for committing an offence. | ||
7 |
The founders (participants), heads of STC and their branches are not persons released from criminal liability prior to the expiry of the lower limit of the sentence of imprisonment: | ||
8 |
The founders (participants), heads of STC and their branches are not persons who, within one year prior to assuming the position or while holding the position, have been convicted by a court of law for a criminal offence or, within one year prior to assuming the position or while holding the position, have been acquitted of criminal liability for a criminal offence: | ||
9 | The founders (participants), heads of STC and their branches have not been previously held administratively liable for the following administrative offences within a year prior to assuming the position or during the period of holding this position: failure to discharge and (or) improper discharge of duties to ensure antiterrorist protection of a facility vulnerable to terrorism; petty hooliganism; use of pyrotechnic products in populated areas; knowingly false call of special services; knowingly false reporting of a corruption offence; drinking alcoholic beverages or appearing in public places in a state of intoxication; disobedience to the lawful request of a person involved in ensuring public order; offering premises knowingly for prostitution or procuring; manufacturing, storage, importation, transportation, distribution of mass media products in the territory of the Republic of Kazakhstan; impeding officials of state inspections and state control and supervision bodies in the performance of their official duties, failure to implement resolutions, instructions and other requirements; engaging in entrepreneurial or other activities, as well as the performance of actions (operations) without appropriate registration, permission or notification; breaching licensing norms; breaching requirements for the installation, adjustment and maintenance of security alarm systems; breaking the legislation of the Republic of Kazakhstan in the field of security activities; infringement of the state of emergency; infringement of the legal regime in the zone of anti-terrorist operation; acts inciting violation of law and order in the state of emergency; failure to report on the measures taken and (or) failure to take measures to eliminate the causes and conditions that contributed to the commission of the offence; transfer of prohibited substances, articles and items to persons detained in penal institutions or special institutions; Illegal acquisition, transfer, sale, storage, carrying, transportation by individuals and legal entities of weapons; infringement of the order of storage, accounting, use, transportation, trade, destruction, import, export of civilian pyrotechnic substances and products with their use; infringement of the rules of turnover of civilian and service weapons; illegal use of weapons; infringement of the order of registration (re-registration) of civilian, service, award, collector's weapons or their registration; evasion from surrendering for sale civilian, service, award, collector's weapons; breach of the order of registration (re-registration) of civilian, service, collector's weapons or their registration; evasion of the order of registration (re-registration) of civilian, service, award, collector's weapons or their registration; breaking the laws of the Republic of Kazakhstan on public associations, as well as leading, participating in the activities of public and religious associations that are not registered as prescribed by the laws of the Republic of Kazakhstan, financing their activities; breaking the laws of the Republic of Kazakhstan on religious activities and religious associations; illegal seizure of passports, identity cards or taking them as collateral; provision of knowingly false data to the government authorities of the Republic of Kazakhstan when obtaining identity documents or when applying for a permanent residence permit in the Republic of Kazakhstan or for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan; infringement of the legislation of the Republic of Kazakhstan on citizenship; Infraction of the established requirements in the sphere of protection of state secrets, as well as in the work with official information of limited distribution; illicit penetration into protected facilities; manifestation of disrespect for the court; responsibility of participants in proceedings on a case of administrative offence; refusal or evasion of a witness from testifying; knowingly false testimony of a witness, victim, expert opinion or incorrect translation; failure to appear before a prosecutor, investigator and body of enquiry, court enforcement officer, bailiff; Insubordination to a lawful order or request of an employee (serviceman) of a law enforcement or special governmental authority, military police authority, state courier service, bailiff, court officer; non-execution of a court judgement, court decision or other judicial act and enforcement document; non-execution of a resolution or other lawful request of a court officer, bailiff; obstruction of a court officer in the execution of enforcement documents; illicit wearing (use) of clothing with insignia and (or) symbols of military uniforms, as well as uniforms and special uniforms. | ||
10 | The founders (participants), heads of STC and their branches are not persons who had been fired less than three years ago for negative reasons from the state, military service, law enforcement agencies, courts and justice bodies. | ||
11 |
With the founders (participants), heads of STC and their branches, while they held a similar position or the position of a security guard of a private security company, the labour contract had not been terminated less than three years ago, for the following reasons: | ||
12 | Foreign legal entities, legal entities with foreign participation, foreigners, as well as stateless persons are not founders (participants), heads of STC and their branches | ||
13 |
Conformity of service weapons and ammunition to the following kinds, types, models and quantity: |
The official(s)
___________________________________ _____________
position signature
_________________________________________________
surname, first name, patronymic (if any)
Head of the entity being monitored
___________________________________ _____________
position signature
_________________________________________________
surname, first name, patronymic (if any)
Checklist for state control over installation,
adjustment and maintenance of security alarm systems
Footnote. The checklist - as revised by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 924 of 01.12.2022 and the Minister of National Economy of the Republic of Kazakhstan № 113 of 01.12.2022 (shall enter into force on 01.01.2023).
With regard to legal entities and individuals engaged in installation, adjustment
and maintenance of security alarm systems
The public authority that ordered the inspection _______________________________
_________________________________________________________________________
Act on the assignment of the inspection _________________________________________
_________________________________________________________________________
№, date
Name of the entity being monitored ____________________________________________
_________________________________________________________________________
IIN, BIN of the entity being monitored _________________________________________
________________________________________________________________________
Location address __________________________________________________________
________________________________________________________________________
№ | Lits of requirements | Conforms to the requirements | Does not conform to the requirements |
1 | 2 | 3 | 4 |
1 | A legal entity or a natural person has a notification on the commencement of activities related to installation, adjustment and maintenance of security alarm systems | ||
2 | An expert of a legal entity (hereinafter referred to as the entity) involved in the installation, adjustment and maintenance of security alarm systems has a document certifying higher or secondary technical education relevant to the field of work. | ||
3 | The entity has premises with equipment (or an agreement for its lease) to implement adjustment, maintenance of security alarm systems and check the technical condition of the installed equipment. | ||
4 | The head of the entity is a citizen of the Republic of Kazakhstan. | ||
5 | The head of the entity is not a person registered with a health care provider for a mental illness. | ||
6 | The head of the entity does not have an outstanding or unexpunged criminal record as prescribed by law. | ||
7 |
The head of the entity is not a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | ||
8 | The employee of the entity is a citizen of the Republic of Kazakhstan. | ||
9 | The employee of the entity is not a person registered with health entities for mental illness. | ||
10 | The employee of the entity does not have an outstanding or unexpunged criminal record as prescribed by law. | ||
11 |
An employee of the entity is not a person released from criminal liability prior to the expiry of the lower limit of the sentence of deprivation of liberty: | ||
12 | A natural person engaged in the installation, commissioning and maintenance of security alarm systems has a document certifying higher or secondary technical education corresponding to the field of work. | ||
13 | A natural person engaged in the installation, commissioning and maintenance of security alarm systems has a room with equipment (or a lease agreement for it) for the commissioning, maintenance of security alarm systems and checking the technical condition of the equipment being installed. | ||
14 | A natural person engaged in the installation, commissioning and maintenance of security alarm systems is a citizen of the Republic of Kazakhstan. | ||
15 | A natural person engaged in the installation, commissioning and maintenance of security alarm systems is not a person who is registered with healthcare entities for mental illness. | ||
16 | A natural person engaged in the installation, commissioning and maintenance of security alarm systems does not have an overdue or uncollected criminal record as prescribed by law. | ||
17 |
A natural person engaged in the installation, commissioning and maintenance of security alarm systems is not a person released from criminal liability prior to the expiration of the lower limit of punishment in the form of imprisonment: |
The official(s)
_____________________________ _____________
position signature
__________________________________________
surname, first name, patronymic (if any)
Head of the entity being monitored
_____________________________ ____________
position signature
__________________________________________
surname, first name, patronymic (if any)
Checklist for state control over security activities
Footnote. The joint order has been supplemented by Annex 5 under joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 924 dated 01.12.2022 and the Minister of National Economy of the Republic of Kazakhstan № 113 dated 01.12.2022 (shall take effect on 01.01.2023); as amended by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see para. 4 for the enactment procedure).
With regard to legal entities engaged in security activities, the government authority that
appointed the inspection preventive control with a visit to the entity under control
___________________________________________________________________
___________________________________________________________________
An act on scheduling of an inspection/preventive control with a visit to the entity under monitoring
of control ___________________________________________________________
____________________________________________________________________
№, date
Name of the entity being monitored _______________________________________
____________________________________________________________________
IIN, BIN of the entity being monitored ____________________________________
____________________________________________________________________
Location address ______________________________________________________
____________________________________________________________________
№ | List of requirements | Conforms to the requirements | Does not conform to the requirements |
1 | 2 | 3 | 4 |
Section 1. For all entities engaged in security activities: | |||
1 | An employee of a private security company being employed as a security guard has a document certifying his/her identity and belonging to a private security company. | ||
2 |
Conformity of the document certifying the identity of the guard and his/her belonging to a private security company subject to the following requirements: | ||
3 | A private security company has a written contract for the provision of security services. | ||
4 | Presence of a document confirming the compulsory insurance of an employee occupying the position of a security guard of a private security company. | ||
5 |
The full-time number of employees of a private security company holding the positions of guards corresponds to the following standards: | ||
6 |
Employees of a private security company who occupy the position of a security guard observe the following Rules for Wearing Uniforms: | ||
7 |
Employees of a private security company holding the positions of guards have a special uniform as well as insignia and accessories that conform to the following requirements: | ||
8 | Legal entities and citizens of the Republic of Kazakhstan are not simultaneously founders, participants and (or) owners of more than one company engaged in security activities. | ||
9 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see p.4 for the procedure of enactment). | ||
10 | Excluded by joint order of the Minister of Internal Affairs of the Republic of Kazakhstan № 390 of 12.05.2023 and the Minister of National Economy of the Republic of Kazakhstan № 65 of 15.05.2023 (see p.4 for the procedure of enactment). | ||
11 | A private security company is not a subsidiary of an entity engaged in activities other than security. | ||
12 | The founders (participants) of a private security company are not the founders or officials of the entity in regard to which security services are rendered. | ||
13 | The founders (participants) of a private security company are not citizens with a criminal record for committing a crime, as well as legal entities whose founders (participants) include these persons. | ||
14 | The founders (participants) of a private security company are not legal entities in relation to which security services are rendered, and legal entities affiliated with them. | ||
15 | Founders (participants) of a private security company are not public associations. | ||
16 | Founders (participants) of a private security company are not foreign legal entities, legal entities with foreign participation, foreigners, stateless persons, as well as those who have a private security company under trust management. | ||
Section 2. For security service providers established by national companies: | |||
17 | No fact that security companies established by national companies are rendering security services to third parties. | ||
18 | A private security company is a subsidiary of an entity undertaking activities other than security activities. | ||
19 | The founders (participants) of a private security company are the founders or officials of the entities in relation to which security services are rendered. | ||
20 | The founders (participants) of a private security company are legal entities for which security services are rendered, and legal entities affiliated with them. |
The official(s)
_________________________________ _____________
position signature
_______________________________________________
surname, first name, patronymic (if any)
Head of the entity being monitored
___________________________________ ____________
position signature
________________________________________________
surname, first name, patronymic (if any)