Every day we use water, buy groceries, and visit public places. Behind the apparent safety of these actions is a complex system of state control, the purpose of which is to ensure the sanitary and epidemiological well — being of the population.
Buildings, transport, goods, even the air and soil can all be subject to inspection if there is a health risk. Special attention is paid to epidemiologically significant objects, which are divided into two categories. Control and supervision cover all stages: from preventive control without visits to investigations and prompt response to violations.
But how does this system work in practice and what measures are applied to violators? The answers to these questions will help you understand how the state protects our health and how it affects everyone.
State control and supervision in the field of sanitary and epidemiological welfare of the population is carried out in accordance with the Business Code of the Republic of Kazakhstan and is aimed at preventing, detecting, suppressing and eliminating violations of legislation in the field of health, including regulatory legal acts in the field of sanitary and epidemiological welfare of the population, by subjects of control and supervision.
Subjects (objects) of state control and supervision in the field of sanitary and epidemiological welfare of the population are individuals and legal entities, buildings, structures, products subject to state control and supervision in the field of sanitary and epidemiological welfare of the population, equipment, vehicles, soil, water, air and other objects, activities, use, consumption,storage, storage, storage, etc. the use and operation of which may be harmful to human health and the environment.
Objects of state control and supervision in the field of sanitary and epidemiological welfare of the population (epidemiologically significant objects) are divided into two groups:
1) objects of high epidemic significance;
2) objects of minor epidemic significance.
See the list of products and epidemiologically significant objects subject to state control and supervision in the field of sanitary and epidemiological welfare of the population.
Based on the results of an inspection, preventive control, or investigation, officials may take the following rapid response measures in case of violations:
1) suspension of activities related to the production, sale of products (goods), provision of services, performance of works of the subject or its individual types (processes, actions);
2) prohibition of activities related to the production of products( goods), provision of services, performance of works of the subject or its individual types (processes, actions);
3) withdrawal and withdrawal from sales of products (goods) that do not meet (do not meet) the requirements of technical regulations and (or) the unified sanitary, epidemiological and hygienic requirements of the Eurasian Economic Union;
4) temporary suspension of persons from work;
5) organization of referral of persons for hospitalization.
In case of application of rapid response measures, an act of supervision is drawn up.
Identified violations should be indicated in the report on the results of preventive control / inspection / control purchase / investigation / recommendations on the elimination of identified violations, as well as in the order on the elimination of identified violations.
The subject of control and supervision is obliged to eliminate the detected violations within the time limits specified in the report on results and instructions.
If the identified violations that are the basis for applying rapid response measures are not eliminated, measures are taken to bring the persons who committed violations to justice based on the results of an unscheduled inspection.
In case of disagreement with the results of state control that led to the application of rapid response measures, the subject has the right to file a complaint about the recognition of the act of supervision as invalid and its cancellation, while filing a complaint does not suspend the execution of the act of supervision.
Control purchase
In relation to products, a control purchase can be carried out to check for compliance with the requirements of technical regulations and the unified sanitary, epidemiological and hygienic requirements of the EAEU, following which a report on the results is drawn up. If there are violations, the product may be withdrawn and withdrawn from sale.
Preventive monitoring without a visit
Preventive control without a visit is carried out by in-house control and monitoring of data from information systems, as well as other information about the subject's activities based on their analysis and comparison, and is carried out no more than once a quarter.
Based on the results of preventive control without a visit, a recommendation is issued to eliminate the identified violations (with the exception of desk control) and sent to the subject no later than 7 business days:
1) by registered mail with a notification;
2) is handed over to the representative / official of the subject against signature;
3) to the user's personal account on the e-government web portal.
Implementation of the recommendation is considered to be the proper elimination of identified violations within 30 working days from the day following the day of its delivery (receipt).
Upon the expiration of 3 business days from the date of expiration of the specified period, the subject is obliged to provide information on the elimination of detected violations.
In case of disagreement with violations, the subject has the right to send an objection to the state body within 5 working days from the day following the day of delivery (receipt) of the recommendation.
Failure to comply with violations or failure to provide information on their elimination within the established time limit is the basis for preventive control with a visit to the subject.
Ways to carry out preventive monitoring without visiting:
1) desk control;
2) monitoring the results of the sanitary and epidemiological audit;
3) monitoring the results of production control;
4) monitoring notifications and permissions.
5) monitoring of advertising of products (goods) subject to state registration that are subject to state sanitary and epidemiological control and supervision;
6) monitoring of accounting and reporting documents;
7) sanitary and epidemiological monitoring.
Investigation
The investigation is carried out on general grounds in accordance with the Business Code of the Republic of Kazakhstan and the Order of the Minister of Health of the Republic of Kazakhstan dated 29.08.2024 No. 69 "On approval of the Rules for conducting investigations in the field of sanitary and epidemiological welfare of the population".
Subjects of the investigation are required to ensure:
1) provision of special clothing and personal protective equipment to the official or members of the commission, experts and specialists involved, as required by the entity's internal documents;
2) submission of documents and (or) materials, including archival ones, written and (or) oral explanations related to the investigation;
3) an unhindered opportunity to conduct a survey of the object; sampling (samples) of products( goods), raw materials, components of the natural environment; examination of persons; conducting laboratory and instrumental studies, measurements;
4) unhindered access to officials, members of the commission, involved experts and specialists to the territory of the object related to the subject of investigation (residential and administrative buildings, buildings, structures, premises and other objects).
In the course of implementation and based on the results of the investigation, if there are appropriate grounds, rapid response measures are applied, as well as sanitary-anti-epidemic and sanitary-preventive measures can be carried out, and restrictive measures can be introduced.
Based on the results of the investigation, a report on the results of the investigation is drawn up, which also reflects the identified violations, instructions for their elimination, and deadlines for eliminating the identified violations (at least 10 calendar days from the date of delivery).
If the subject who committed violations of the requirements of the legislation is identified, measures are taken to bring them to justice.
If information is provided on the elimination of identified violations, as well as if it is not provided within the time limits established in the act on the results of the investigation, an unscheduled check is carried out.
The results of the investigation are published within 10 working days after the end of the investigation on the Internet resource of the body that conducted the investigation.
Sources:
- Business Code of the Republic of Kazakhstan;
- Code of the Republic of Kazakhstan "On the health of the people and the healthcare system";
- Joint Order of the Minister of Health of the Republic of Kazakhstan dated 02.12.2022 No. KR DSM-152 and the Minister of National Economy of the Republic of Kazakhstan dated 02.12.2022 No. 117 "On approval of risk assessment criteria and checklists in the field of sanitary and epidemiological welfare of the population";
- Order of the Minister of Health of the Republic of Kazakhstan dated 30.11.2020 No. KR DSM-220/2020 "On approval of the list of products and epidemiologically significant objects subject to state control and supervision in the field of sanitary and epidemiological welfare of the population";
- Order of the Minister of Health of the Republic of Kazakhstan dated 29.08.2024 No. 69 "On approval of the Rules for conducting investigations in the field of sanitary and epidemiological welfare of the population".