Illegal inspections: How to avоid and where to complain? Printable version

Twice a year, the Prosecutor General's Office publishes on its website the lists of preventive controls with visits drawn up in accordance with paragraph 4 of Article 144-2 of the Business Code. If the control and supervision body has an information system with an automated risk assessment and management system, the semi-annual lists of preventive controls with a visit to the subject (object) of control and supervision shall necessarily be placed on the e-Gov object of the information and communication infrastructure. At the same time, your company can be audited at different intervals: every six months, every year, every three years, depending on the level of risk. Below is a description of the factors that influence the frequency of audits of your business, the cases in which an audit is not permitted and how to appeal.

What types of business inspections are there?

• Audits carried out for compliance with qualification or licensing requirements for permits issued, requirements for sent notifications in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications";

• unscheduled audits (according to specific facts and circumstances that served as the basis for the appointment of an audit in relation to a specific audited entity (object), in order to prevent and/or eliminate an imminent threat to human life and health, the environment, the legitimate interests of individuals and legal entities, the state);

• preventive control with a visit to the subject (object) of control and supervision;

• preventive control without visiting the subject (object) of control and supervision;

• control purchasing;
• investigation.

At the same time, mandatory registration of notices of audit prior to their commencement is subject to audits carried out in accordance with the general procedure of the Business Code and to preventive control with a visit to the subject (object) of control and supervision.

What should any businessman know about inspections?

1. An auditor is required to present the following at the beginning of the audit:

• a notice of audit with a stamp certifying registration at the Department of the Legal Statistics and Special Accounts Committee of your region (city);
• an official ID;
• a checklist of the areas to be audited.

1. The auditors, who are not specified in the notice of audit have no right to conduct an audit.
2. The start date of the audit is the date of delivery of the notice of audit.
3. You can check the registration of the audit with the prosecutor's office via the Qamqor mobile business application for IOS  or by contacting the "Information on audit registration" section of the Portal of legal statistics and special accounts.
4. At the end of the audit, the auditors draw up a written report in 2 copies, one of which is given to you. If you wish to comment or object, you can state that in writing and attach to an act.