Go tosurveys and responses
under the Law "On Public Control"
What is public control?
Public control is the activity of a citizen or non-profit organizationйthat is carried out in order to monitor theactivities of ministries, akimats and maslikhats, educational, health, cultural, sports facilities, quasi-stateentitiesа and organizations that perform state functions.
At the same time, public control is the activity of subjects of public control (citizens, NGOs) aimed at analyzing and evaluating the activities of objects of public control for compliance with public interests, and not with the interests and requests concerning the personal interests of citizens and society.
All forms of public control should be conducted on the activities of objects of public control that affect the rights and legitimate interests of an unlimited number of persons.
How is public control conducted?
ОPublic control can be carried out in various forms in the form of public discussion, public monitoring, public expertise, as well as in other forms established by law.
It is important to keep in mind that public control can be carried out simultaneously in several forms.
▌It should be noted that public control is notется an inspection or verification exercise.
Where can public control be implemented?общественный контроль?
According to the Law "On Public Control", the objects of public control are:
■ bodies and institutions of executive state power and local state administration these include ministriesa, local executive and representative bodies (akimats and maslikhats) at all levels.
▌It is important to take into account that the objects of public controldo not include Agenciesathat are directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as state bodies accordingя to the list in paragraphs 2, 2 статьand 3 of the Law "On Public Control".
n state institutions that are not state bodies these includeяeducational and health-care facilities, pre-school organizations, and sports and recreation facilities, i.e. те учреждениthose которыеinstitutionsthat carryout theirю activities at the expense of budgetary funds.
* субъекты quasi-public sector entities - state-owned enterprises, LLPs, JSCs, including national management holdings, national holdings, national companies, the founder, participant or shareholder of which is the state, as well as subsidiaries, affiliates and other legalидические entities that are affiliated with them in accordance with the legislative acts of the Republic of Kazakhstan.
▌In national management holdings, public control is carried out in the part where funds are allocated from the state budget.
* Autonomous educational organizations - a non-profit organization established by the Government of the Republic of Kazakhstan that does not have a membership and whose legal status and special legal regime are determined by the Law "On the status of "Nazarbayev University", "Nazarbayev Intellectual Schools" and "Nazarbayev Foundation".
These ним относяinclude the Nazarbayev Intellectual Schools in the regions, as well as the Nazarbayev University.
n organizations that perform the functions of central and / or local executive bodies are non-profit organizations на которыхthat are chargedо with performing state functionsat the expense of the state budgetа.
For example, special social services, TOO (centers for technical inspection of cars, etc.).
Who can conduct public control?общественный контроль?
The main subjects of public control are defined by the law:
■ Citizens of the Republic of Kazakhstan - persons who do not have an outstanding or outstanding criminal record, persons who are not recognized by the court as incapacitated or with limited legal capacity, persons who have reached the age of eighteen, не who are not registered in organizations that provide medical care in the field of mental health, for mental, behavioral disorders (diseases), including those related to the use of alcohol психоактивных веществ, people who have not previously been heldcriminallyсяresponsible for committing corruption offenses, extremist and terrorist crimes.
* Non-profit organizations registered in Kazakhstan, with the exception of religious associations.
▌It is important to take into account that non-profit organizations with foreign participation, as well as non-profit organizations whose activities are suspended or prohibited in accordance with the laws of the Republic of Kazakhstan, cannot participate in public control.
* other entities, that have been granted the right or authority to exercise public control.
These ним относincluded members of public councils, Nationalого Preventiveого Mechanismsа, Specialх Monitoringх Groups, and othersdefined by other laws.
What is GroupA of public control?
In accordance with paragraphs 1and3 ofthe Law "On Public Control", subjects of public control, i.e. citizens or non-profit organizations, exercise public control individually or by participating in groups of public control.
Граждане пOn their own initiative, citizens of the Republic of Moldova can form a 5-ти человекpublic control group consisting of 5 peopleгруппу общественного контроля to carry out public control on a specific issue.
Mechanism for formingния a public control group?
If a decision is made to conduct public control on a specific issue, citizens (up to 5 people) formalize their decision to form a public control group in the form of a protocol in anyй form.
The quantitative composition of the group should not exceed fiveь people.
When forming группы public control groupsобязательно должны учитывать, the requirements, stipulatedе in paragraph 2 of Article 6 of the Law must be taken into account.
Public control mechanism?
Before starting work, citizens or non-profit organizations must inform the object of public control about the implementation of public control, and in the case of forming a public control group, send a protocol on approval of the composition of the public control group with supporting documents.
Uponcompletion of public control, a final document is prepared and sent for consideration of the object of public control, including proposals on measures to eliminate the causes and conditions that contribute to violations identified during public control.
All necessary expenses for the implementation of public control are bornebythe subjects of public control themselves.
Субъект общественного контроляAfter receiving a reasoned response from the object of public control, the subject of public control ОК, в случае may, in caseя может обратитof disagreement, apply to a higher authority or to a court.
How are objects of public control informed about the conduct of public control by subjects of public control?
Subjects of public control are obliged to inform the object of public control about the implementation of public control (Article 7 (2) (3) of the Law) and have the right to request information necessary for the implementation of public control (Article 7 (1) (3 ст.7) of the Law)..
■ В If общественного обсуждения – за три рабочих дняa public discussion is organized, the media should publish information about the date, time, place and form ofthepublic discussion, as well as information related to the subject of public discussion, three working days before the date of, оthe public discussion.
ИнформInformation and inquiry by the subjects of the OK is carried out through a singleую platformу for receiving and processing all appeals of citizens of E-Tinish.
Objects of public control are required to provide access to information about their activities in accordance with the requirements of the legislation on access to information.
Canт группаpublic monitoring groups enter the offices to conduct monitoring?
According to the Law, subjects осуществляют carry out public monitoring by collecting, summarizing and analyzing information, as well asrequesting theт necessary information from objects of public control in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on access to information.
ВIf necessary, they can carry out public monitoring with visits to the territories and premises of the object in agreement with the object Management Committeeм ОК.
The right of subjects is stipulated in subclause 2, clause.1, Article 7 of Lawa, according to which a subject has the right to visit the territories and premises of an object of public control upon written agreement with the object of public control.
Who checks the legitimacy and compliance of subjects with the requirements of the Law?
The subject of public control is directly responsible for the accuracy of the information provided on compliance with the requirements of the Law.
If it is necessary to visit the territories and premises of an objectand provide a notice of public control, the subject of public control в must attach information on the compliance of the subjects of public control with the requirements established by paragraph 2 of Article 6 of the Law.
Inwhat cases объекты can objects refuse to visitthe territories for public control?
The object of public control has the right to refuse in accordance with Article 6 of the Law in case of non-compliance ofя supporting documents and lack of justification.
At the same time, according to subclause 4 of clause 1 of Article 8 of the Law, objects of public control have the right to refuse to visit the territory and premises of the object of public control in the cases provided for in clause. 5 of Article.12 of the Law, in the case of public monitoring with a visit to the same object or on the same вопросу в течение шести месяцев since the previous public monitoring was conducted.
At the expense of whom is public control carried out?
According to the Lawу "On Public Control", the subject of public control is directly responsible forе conducting public control.
Material, technical and organizational support of public control is provided at the expense of the subjects of public control, as well as other sources established by legislative acts of the Republic of Kazakhstan.
How is the public discussion conducted?
Public discussion is conducted in order to organize public consideration of acts and decisions of objects of public control that affect the rights and legitimate interests of an unlimited number of persons.
■ Information on the topic, date, time, place and form of public discussion and informationя related to the issue of public discussion must be postedа in the media no later than 3 business days before the date of public discussion.
■ Notification and invitation of the QA object must be sent to the QA subjects no later than 5 business days prior to the date of public discussion.
* objects of public control may participate and assist in the organization as agreed by the parties.
How is the public examination conducted?
The subject of public expertise is acts and decisions of objects of public control adopted in the course of activities that affect the rights and legitimate interests of an unlimited number of persons.
* Citizens or non-profit для проведения общественной экспертизыorganizations have the right to attract independent experts or expert organizations to conduct public expertise.
■ An expert may be an individual who has a higher and / or postgraduate education in the relevant field, at least two years of work experience in the relevant field, and has scientific and / or practical knowledge on the subject of public expertise.
the conclusion ofthe public expert examination containing the experts ' conclusions is drawn up in the form of a final document and sent to the objects of public control for consideration.
How is public monitoring conducted?
ОPublic monitoring is an observation of the course of activities of objects of public control that affect the rights and legitimate interests of an unlimited number of persons.
Public monitoring is carried out by collecting, summarizing and analyzing information related to acts and decisions of objects of public control.
Public monitoring with visits to the territory and premises of the object of public control is carried out in coordination with the object of public control, if necessary.
КThe following documents are attached to the request for approval to carry out public monitoring with a visit to the territory and premises of the object of public control:
- list of subjects of public control;
- informationя on their compliance with the requirements set out in paragraph 2 of Article 6 of the Law;
- justification of the need to visit the object of public control.
Objects of public control in the event of conducting public monitoring with a visit to the same object or on the same issue within six months from the date of conducting the previous public monitoring have the right to refuse to visit the territory and premises of the object of public control.
How are the results of public control issued?
Afterя процесса the public control process is completed, a final document is developed, which can be in the form of a letter, conclusion, protocola, etc., containing proposals on measures to eliminate the causes and conditions that contribute to violations identified during public control.
■ The following documents are attached to the final document:
- information about the date, time and place of public control, and the tasks of public control;
- a list of subjects of public control and information on their compliance with the requirements of the Law;
- informationя about the forms of public control;
- informationя about facts and circumstances established during the implementation of public control;
- other documents obtained during the implementation of public control.
■ The subject of public control sends the final document to the object of public control no later than seven working days from the date of completion of public control in Kazakh and (or) in other languages.
■ The final document is mandatory for consideration by objects of public control.
■ Objects of public control десяти рабочихsend a reasoned response to the subject of public control separately for each recommendation no later than ten working days after receiving the final document мотивированный ответ отдельно.
■ Objects of public control are obliged to take measures for a comprehensive, complete and objective consideration of the circumstances indicated in the final document, and provide an opportunity for the subject of public control to participate in the consideration of its recommendation in the form of a hearing, if this does not violate the rights, freedoms and legitimate interests of others.
■ The hearing may be conducted by inviting the subject of public control, includingthrough video conferencing or other means of communication.
■ The subject of public control is notified in advance of the hearing, but not later than three working days before the decision to consider the final document is made.
If a positive decision is made based on the results of consideration of the final document, the hearing procedure is not held.
■ In case of refusal to consider the final document by the object of public control, the subject of public control has the right to send a complaint to the relevant state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan.