This Law regulates public relations in the provision of public services.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) The State Corporation "Government for Citizens" (hereinafter – the State Corporation) – a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services, services for issuing technical specifications for connection to the networks of natural monopoly entities and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, organization of work on accepting applications for the provision of public services, services for issuing technical specifications for connection to the networks of natural monopoly entities, services of quasi-public sector entities and the issuance of their results to the service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to immovable property at its location;
1-1) authorized body in the field of informatization – the central executive body responsible for the management and inter-sectoral coordination in the field of informatization and "electronic government";
1-2) the principle of "one application" is a form of public service provision that provides for a combination of several public services provided on the basis of a single application;
2) the principle of "one window" is a form of centralized provision of public services, providing for minimal participation of the service recipient in the collection and preparation of documents for the provision of public services and limiting his direct contact with service providers;
3) service recipient – individuals and legal entities, with the exception of central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts;
4) service provider – central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as individuals and legal entities providing public services in accordance with the legislation of the Republic Kazakhstan;
5) public service is one of the forms of realization of certain state functions carried out individually on the request or without the request of service recipients and aimed at the realization of their rights, freedoms and legitimate interests, providing them with appropriate material or intangible benefits;
6) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
7) public service standard – a list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;
8) register of public services – a classified list of public services;
9) Unified Contact Center - a legal entity designated by the Government of the Republic of Kazakhstan, performing the functions of an information and reference service for providing information to service recipients on the provision of state and other services, as well as information to state bodies on the provision of information and communication services;
10) information system for monitoring the provision of public services – an information system designed to automate and monitor the process of providing public services, including those provided through the State Corporation "Government for Citizens";
10-1) pilot project in the field of public services – the introduction of new approaches in the field of public services in order to research, analyze prospects and minimize risks;
11) public monitoring of the quality of public services – the activities of individuals, non-profit organizations to collect, analyze information on the level of quality of public services and develop recommendations;
12) assessment of the quality of public services – activities to determine the effectiveness of measures to provide service recipients with affordable and high-quality public services provided by central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts;
13) state control over the quality of public services – activities on verification, preventive control and monitoring of compliance with the legislation of the Republic of Kazakhstan in the provision of public services by central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as individuals and legal entities providing public services in accordance with the legislation of the Republic of Kazakhstan;
14) the authorized body for the assessment and control of the quality of public services – the central state body that carries out, within its competence, activities for the assessment and control of the quality of public services;
15) automation of the process of rendering public services – the procedure for transforming the administrative processes of the service provider to ensure the provision of public services in electronic form;
16) optimization of the process of rendering a public service – an event aimed at simplifying the process of rendering a public service, reducing the period of rendering a public service, the list of documents submitted by service recipients, as well as links in the process of its provision, including through automation;
17) authorized body in the field of public services – the central state body responsible for the management and inter-sectoral coordination in the field of public services;
17-1) proactive service – a public service provided in electronic form, provided on the initiative of the subject of the provision of services, for the provision of which the mandatory consent of the subject of receiving the service provided by means of a cellular subscriber device is required;
17-2) cellular subscriber device – a means of communication of individual use that generates electrical communication signals for transmitting or receiving information specified by the subscriber and connected to the network of a cellular operator that does not have a permanent geographically determined location within the serviced territory, operating in cellular networks;
18) excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication);
19) the "electronic government" web portal is an information system that represents a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connection to the networks of natural monopolies and services of quasi-public sector entities provided in electronic form.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 23.11.2015 No. 417-V (effective after ten calendar days after the date of its first official publication); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 17.11.2015 No. 408-V (effective from 01.03.2016); from 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 2. Legislation of the Republic of Kazakhstan in the field of public services
The legislation of the Republic of Kazakhstan in the field of public services is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Article 3. Basic principles of the provision of public services
Public services are provided on the basis of the following basic principles:
equal access to service recipients without any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances;
inadmissibility of manifestations of bureaucracy and red tape in the provision of public services;
accountability and transparency in the provision of public services;
quality and accessibility of public services;
continuous improvement of the process of providing public services;
cost-effectiveness and efficiency in the provision of public services.
Article 4. Rights of service recipients
Service recipients have the right to:
1) to receive in an accessible form from the service provider complete and reliable information about the procedure for providing public services;
2) receive a public service in accordance with the subordinate regulatory legal act defining the procedure for the provision of public services;
3) appeal against decisions, actions (inaction) of the central state body, local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the district in the city, city of district significance, village, village, rural district, as well as the service provider and (or) their officials, state corporation and (or) its employees on the provision of public services in accordance with the procedure established by legislative acts of the Republic of Kazakhstan;
4) receive a public service in paper and (or) electronic form in accordance with the legislation of the Republic of Kazakhstan;
5) participate in public discussions of draft subordinate regulatory legal acts defining the procedure for the provision of public services, in accordance with the procedure provided for in Article 15 of this Law;
6) apply to the court with a claim for the protection of violated rights, freedoms and legitimate interests in the provision of public services.
Foreigners, stateless persons and foreign legal entities receive public services on an equal basis with citizens and legal entities of the Republic of Kazakhstan, unless otherwise provided by the laws of the Republic of Kazakhstan.
Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 5. Rights and obligations of service providers
Service providers have the right to:
1) receive from central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts information necessary for the provision of public services;
2) refuse to provide public services in cases and on the grounds established by the laws of the Republic of Kazakhstan.
Service providers are obliged to:
1) to provide public services in accordance with subordinate regulatory legal acts defining the procedure for the provision of public services;
2) create the necessary conditions for persons with disabilities when they receive public services;
3) provide complete and reliable information on the procedure for providing public services to service recipients in an accessible form;
4) provide central state bodies, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, other service providers, state Corporation with documents and information necessary for the provision of public services, including through integration information systems, in accordance with the legislation of the Republic of Kazakhstan;
5) ensure the delivery of the result of the state service to the State Corporation provided through the State Corporation, no later than one day before the expiration of the period for the provision of public services established by the subordinate regulatory legal act defining the procedure for the provision of public services;
6) to improve the qualifications of employees in the provision of public services, as well as to teach communication skills with people with disabilities;
7) to consider complaints of service recipients and inform them of the results of consideration within the time limits established by this Law;
8) provide an opportunity for service recipients to receive information about the stage of execution of the state service;
9) take measures aimed at restoring the violated rights, freedoms and legitimate interests of service recipients;
10) ensure the smooth functioning of information systems used for the provision of public services, as well as containing the necessary up-to-date information for their provision;
11) ensure that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in accordance with the procedure established by the authorized body in the field of informatization;
12) obtain written consent or consent confirmed by an electronic digital signature, or consent by means of a cellular subscriber device of the service recipient for the use of information constituting a legally protected secret contained in information systems in the provision of public services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When providing public services, claims from service recipients are not allowed:
1) documents and information that can be obtained from information systems;
2) notarized copies of documents, the originals of which are submitted for verification to the service provider, the State Corporation, except for cases provided for by the legislation of the Republic of Kazakhstan regulating pension and social security issues.
Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Chapter 2. STATE REGULATION
IN THE FIELD OF PUBLIC SERVICES
Article 6. Competence of the Government of the Republic of Kazakhstan in the provision of public services
Government of the Republic of Kazakhstan:
1) develops the main directions of state policy in the provision of public services and organizes their implementation;
2) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
2-1) Approves the regulations on the Interdepartmental Commission on the Provision of Public Services and its composition;
3) - 9) are excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication);
10) performs other functions assigned to him by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the day of its first official publication).
Article 7. Competence of the authorized body for the assessment and control of the quality of public services
Authorized body for the assessment and control of the quality of public services:
1) ensures the implementation of state policy in the provision of public services within its competence;
2) exercises state control over the quality of the provision of public services;
3) develops and approves the rules of state control over the quality of public services;
4) requests information on the results of internal control over the quality of public services;
5) develops and approves a methodology for assessing the quality of public services in coordination with the authorized body in the field of informatization;
6) carries out the formation, implementation, monitoring of the implementation and evaluation of the results of the state social order for public monitoring of the quality of public services;
7) excluded by the Law of the Republic of Kazakhstan dated 02.11.2015 No. 384-V (effective from 01.01.2016);
8) provides information, advisory, methodological support to individuals and non-profit organizations for public monitoring of the quality of public services;
9) performs other functions provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan.
Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 02.11.2015 No. 384-V (effective from 01.01.2016); dated 23.11.2015 No. 417-V (effective after ten calendar days after the date of its first official publication); dated 13.06.2018 No. 160-VI (effective after ten calendar days after the day of its first official publication).
Article 8. Competence of the authorized body in the provision of public services
Authorized body in the field of public services:
1) ensures the implementation of state policy in the field of public services;
2) develops and approves the rules for maintaining the register of public services;
2-1) approves the register of public services and makes amendments and additions to it in coordination with the authorized body for the assessment and control of the quality of public services and the authorized body in the field of development of the public administration system;
3) develops and maintains the register of public services;
4) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
5) carries out the coordination of draft subordinate regulatory legal acts defining the procedure for the provision of public services;
6) monitors the activities of central state bodies on the development of subordinate regulatory legal acts defining the procedure for the provision of public services;
7) develops and approves the methodology for determining the cost of public services;
8) develops and approves the procedure for formation, deadlines for submission and a standard form of a report on the activities of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts on the provision of public services;
9) develops proposals for the improvement of subordinate regulatory legal acts defining the procedure for the provision of public services;
10) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 9. Competence of the authorized body in the field of informatization
Authorized body in the field of informatization:
1) ensures the implementation of state policy in the provision of public services within its competence;
2) excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016);
3) excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016);
4) excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016);
5) excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016);
6) excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016);
7) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
8) organizes and coordinates the work of a Single contact center;
8-1) approves the list of public services provided on the principle of "one application";
9) approves the rules of operation of the Unified Contact Center;
10) approves the rules of interaction of the Unified Contact Center with central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as service providers;
11) carries out the coordination of draft subordinate regulatory legal acts defining the procedure for the provision of public services, providing for the electronic form of the provision of public services;
12) develops proposals for the improvement of subordinate regulatory legal acts defining the procedure for the provision of public services rendered in electronic form;
12-1) carries out an audit of the activities of a State corporation within the competence;
12-2) has the right to receive information from state bodies and organizations on the activities of a State corporation;
12-3) coordinates the activities of central state bodies, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts on issues of optimizing the processes of providing public services;
13) develops and approves rules for optimization and automation of public services;
13-1) approves the list of proactive services and the procedure for their provision;
14) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); from 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 9-1. Competence of the authorized body determined by the Government of the Republic of Kazakhstan from among the central state bodies
Authorized body:
1) develops and approves the rules of the State Corporation;
2) develops and approves the rules for the selection of public services to be provided through a State corporation, in coordination with the authorized body in the field of informatization;
3) carries out the organization and control over the activities of the State Corporation;
4) coordinates the activities of the State Corporation and its interaction with service providers;
5) provides methodological support for the activities of the State Corporation;
6) carries out the coordination of draft subordinate regulatory legal acts defining the procedure for the provision of public services through a State Corporation;
7) develops proposals for improving subordinate regulatory legal acts defining the procedure for the provision of public services provided through a State corporation;
8) determines the pricing procedure for services provided by a State Corporation.
Footnote. Chapter 2 is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective ten calendar days after the date of its first official publication).
Article 10. Competence of central state bodies
Central government agencies:
1) develop and approve subordinate regulatory legal acts defining the procedure for the provision of public services;
2) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
3) ensure the improvement of the quality and accessibility of public services;
4) ensure the availability of subordinate regulatory legal acts defining the procedure for the provision of public services;
5) ensure that service recipients are informed in an accessible form about the procedure for the provision of public services;
6) consider the appeals of service recipients on the provision of public services;
7) take measures aimed at restoring the violated rights, freedoms and legitimate interests of service recipients;
8) provide advanced training of employees in the provision of public services, communication with people with disabilities;
9) take measures to optimize and automate the processes of rendering public services in accordance with the legislation of the Republic of Kazakhstan in coordination with the authorized body in the field of informatization;
9-1) after entering a new public service into the register of public services, take measures to transfer its provision to an electronic format in accordance with the legislation of the Republic of Kazakhstan in coordination with the authorized body in the field of informatization;
10) provide information to the authorized body for the assessment and control of the quality of public services for the assessment of the quality of public services, as well as information on the results of internal control over the quality of public services in the manner and within the time limits established by the legislation of the Republic of Kazakhstan;
11) ensure the provision of information to the authorized body in the field of informatization to assess the quality of public services rendered in electronic form, in accordance with the procedure and terms established by the legislation of the Republic of Kazakhstan;
12) provide the State Corporation with access to information systems containing information necessary for the provision of public services, unless otherwise provided by the legislation of the Republic of Kazakhstan;
13) provide information on the procedure for the provision of public services to a single contact Center;
14) conduct internal control over the quality of public services in accordance with the legislation of the Republic of Kazakhstan;
15) ensure that service providers comply with subordinate regulatory legal acts defining the procedure for the provision of public services;
16) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); from 03.12.2015 No. 433-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 11. Competence of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts
Local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts:
1) ensure the improvement of the quality and accessibility of the provision of public services in the territory of the relevant administrative-territorial unit;
2) ensure the availability of subordinate regulatory legal acts defining the procedure for the provision of public services;
3) ensure that service recipients are informed in an accessible form about the procedure for the provision of public services;
4) consider the appeals of service recipients on the provision of public services;
5) take measures aimed at restoring the violated rights, freedoms and legitimate interests of service recipients;
6) provide advanced training of employees in the provision of public services, communication with people with disabilities;
7) take measures to optimize and automate the processes of rendering public services in accordance with the legislation of the Republic of Kazakhstan in coordination with the authorized body in the field of informatization;
8) ensure the provision of information to the authorized body for the assessment and control of the quality of public services to assess the quality of public services, as well as information on the results of internal control over the quality of public services in accordance with the procedure and deadlines established by the legislation of the Republic of Kazakhstan;
9) ensure the provision of information to the authorized body in the field of informatization to assess the quality of public services rendered in electronic form, in accordance with the procedure and terms established by the legislation of the Republic of Kazakhstan;
10) provide the State Corporation with access to information systems containing information necessary for the provision of public services, unless otherwise provided by the legislation of the Republic of Kazakhstan;
11) provide information on the procedure for the provision of public services to a single contact center;
12) conduct internal control over the quality of public services in accordance with the legislation of the Republic of Kazakhstan;
13) ensure that service providers comply with subordinate regulatory legal acts defining the procedure for the provision of public services;
14) exercise in the interests of local government other powers assigned by the legislation of the Republic of Kazakhstan.
Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 11-1. Organization of the activities of a State corporation
The state Corporation is a single provider engaged in the provision of public services to individuals and (or) legal entities on the principle of "one window", registration of pledge of movable property that is not subject to mandatory state registration, individuals and legal entities, technical inspection of buildings, structures and (or) their components, state registration of rights to immovable property property, maintenance of the state land cadastre, pension and social security, state registration of legal entities, which are commercial organizations, and the registration of their branches and representative offices.
Other persons are prohibited from carrying out the activities of a single provider.
The state corporation is created in the form of a joint-stock company, is a non-profit organization.
The state corporation has its own branches.
The sole shareholder of the State Corporation is the Government of the Republic of Kazakhstan. The authorized body of the State Corporation is determined by the decision of the Government of the Republic of Kazakhstan from among the central state bodies.
State Corporation:
1) ensures the improvement of the quality of public services;
2) ensures compliance with subordinate regulatory legal acts defining the procedure for the provision of public services;
3) ensures that service recipients are informed about the procedure for the provision of public services;
3-1) employees of a State corporation who have access to personal data of citizens, as well as those involved in the provision of public services, are subject to verification in accordance with the procedure determined by the authorized body in the field of informatization in coordination with the National Security Committee of the Republic of Kazakhstan;
4) considers the appeals of service recipients on the provision of public services;
5) provides advanced training of employees in the provision of public services;
6) provides public services to individuals and (or) legal entities on the principle of "one window" in accordance with the legislation of the Republic of Kazakhstan;
6-1) provides the authorized body for the assessment and control of the quality of public services information on public services provided through a State corporation to assess the quality of public services;
7) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Chapter 2 is supplemented by Article 11-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); as amended by the Laws of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 02.04.2019 No. 241-VI (effective from 01.07.2019); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Chapter 3. REGISTER, A SUBORDINATE REGULATORY LEGAL ACT DEFINING THE PROCEDURE FOR THE PROVISION OF PUBLIC SERVICES
Footnote. The title of Chapter 3 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 12. Register of Public Services
Public services are subject to inclusion in the register of public services.
The procedure for maintaining the register of public services, as well as its structure, are determined by the authorized body in the field of public services.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 13. General requirements for the development and approval of a subordinate regulatory legal act defining the procedure for the provision of public services
Footnote. The title of Article 13 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective ten calendar days after the date of its first official publication).
To ensure uniform requirements for the quality of public services, central state bodies develop and approve subordinate regulatory legal acts defining the procedure for the provision of public services, including for public services provided by foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of regional significance, towns, villages, rural districts.
A subordinate regulatory legal act defining the procedure for the provision of public services is developed and approved within two months from the date of approval of the register of public services or amendments and additions to it.
The development and approval of draft subordinate regulatory legal acts defining the procedure for the provision of public services are carried out in accordance with the Law of the Republic of Kazakhstan "On Legal Acts".
The draft by-law regulatory legal act defining the procedure for the provision of public services is subject to public discussion in the manner determined by Article 15 of this Law.
The adoption, amendment, addition and cancellation of subordinate regulatory legal acts defining the procedure for the provision of public services are carried out on the basis of proposals of the authorized body for the assessment and control of the quality of public services, the authorized body in the field of public services, the authorized body in the field of informatization, central state bodies, local executive bodies of regions, cities of republican significance, capitals, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as based on the results of public monitoring of the quality of public services and (or) consideration of requests from service recipients regarding the provision of public services.
Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 06.04.2016 No. 484-V (effective after thirty calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (it is put into effect after ten calendar days after the date of its first official publication).
Article 14. Requirements for the content of the subordinate regulatory legal act defining the procedure for the provision of public services
Footnote. The title of Article 14 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
The subordinate regulatory legal act defining the procedure for the provision of public services provides:
1) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
2) description of the order:
actions of structural divisions (employees) of the service provider in the process of rendering public services;
interaction of structural divisions (employees) of the service provider in the process of rendering public services;
interaction with a State corporation and (or) other service providers, as well as the use of information systems in the process of providing public services;
3) the procedure for appealing decisions, actions (inaction) of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as service providers and (or) their officials, the State Corporation and (or) its employees on the provision of public services;
3-1) an appendix in the form of a public service standard that contains:
name of the state service;
name of the service provider;
methods of providing public services;
the term of rendering the state service;
the form of public service provision;
the result of the provision of public services;
the amount of the fee charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan;
service provider's work schedule;
list of documents required for the provision of public services;
grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan;
4) other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through a State Corporation.
Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 15. Public discussion of draft subordinate regulatory legal acts defining the procedure for the provision of public services
Footnote. The title of Article 15 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Public discussion of draft subordinate regulatory legal acts defining the procedure for the provision of public services is conducted in order to take into account the comments and suggestions of individuals and legal entities whose rights, freedoms and legitimate interests are affected by subordinate regulatory legal acts defining the procedure for the provision of public services.
The central state body developing a subordinate regulatory legal act defining the procedure for the provision of public services places a draft subordinate regulatory legal act defining the procedure for the provision of public services for public discussion on the web portal of "electronic government", its Internet resource and (or) Internet resources of the local executive body of the region, the city of republican values, capital, district, city of regional significance, akim of the district in the city, city of district significance, village, village, rural district, and also provides other means of informing service recipients about the draft by-law regulatory legal act defining the procedure for the provision of public services, within five working days from the date of inclusion of the public service in the register of public services.
Public discussion of the draft by-law regulatory legal act defining the procedure for the provision of public services is carried out within ten working days from the date of its placement for public discussion.
The central state body developing the draft by-law regulatory legal act defining the procedure for the provision of public services draws up a report on the completion of the public discussion of the draft by-law regulatory legal act defining the procedure for the provision of public services, which is subject to posting on the web portal of "electronic government", its Internet resource and (or) Internet resources of the local executive the authority of the region, the city of republican significance, the capital, the district, the city of regional significance, the akim of the district in the city, cities of regional significance, settlements, villages, rural districts.
The report on the completion of the public discussion of the draft subordinate regulatory legal act defining the procedure for the provision of public services contains:
list and summary of comments and suggestions received during the public discussion, with the application of justifications for accepted and (or) rejected comments and suggestions;
information about the method of familiarization with the draft by-law regulatory legal act defining the procedure for the provision of public services, finalized taking into account the comments and suggestions received.
Comments and suggestions of individuals and legal entities to the draft by-law regulatory legal act defining the procedure for the provision of public services received after the expiration of the period specified in paragraph 3 of this article are not subject to consideration.
The draft by-law regulatory legal act defining the procedure for the provision of public services, finalized based on the results of public discussion, and the report on the completion of public discussion of the draft by-law regulatory legal act defining the procedure for the provision of public services, are sent for approval to the interested central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of the regional akims of districts in the city, cities of district significance, settlements, villages, rural districts.
Draft regulatory legal acts on amendments and (or) additions to the approved subordinate regulatory legal acts defining the procedure for the provision of public services are necessarily subject to public discussion in accordance with the procedure established by this article.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 16. Requirements for the development of public service regulations
Footnote. Article 16 is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 17. Requirements for the content of the regulations of the state service
Footnote. Article 17 is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Chapter 4. PROVISION OF PUBLIC SERVICES
Article 18. Provision of public services
Public services are provided:
1) service providers;
2) through a state corporation;
3) through the "electronic government" web portal and a cellular subscriber device;
4) by means of a stationary subscriber device.
Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 19. Provision of public services by service providers
The requirements and procedure for the provision of public services by service providers are determined by a subordinate regulatory legal act defining the procedure for the provision of public services.
In cases of submission by the service recipient of an incomplete package of documents according to the list provided by the subordinate regulatory legal act defining the procedure for the provision of public services, and (or) expired documents, the service provider refuses to accept the application.
Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective after thirty calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 19-1. Refusal to provide public services by service providers
In case of refusal to provide a public service, the service provider sends a response to the service recipient indicating the reasons for the refusal.
Service providers refuse to provide public services on the following grounds:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of public services with the requirements established by regulatory legal acts of the Republic of Kazakhstan;
3) the negative response of the authorized state body to the request for approval, which is required for the provision of public services, as well as the negative conclusion of the examination, research or verification;
4) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain public service;
5) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service.
If the service recipient eliminates the reasons for refusal to provide a public service, the service recipient may apply again to receive a public service in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Paragraph 2 of this Article does not apply to cases of obtaining a license in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications".
The laws of the Republic of Kazakhstan may establish other grounds for refusal to provide public services.
Footnote. Chapter 4 is supplemented by Article 19-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective thirty calendar days after the date of its first official publication).
Article 20. Provision of public services through a State Corporation
When providing public services through a State Corporation, the provision of which provides for sending the application and documents of the service recipient to service providers on paper, the day of receipt of applications and documents is not included in the deadline for the provision of public services established by the subordinate regulatory legal act defining the procedure for the provision of public services.
An employee of a State corporation is obliged to accept the application of the service recipient if he has a full package of documents according to the list provided for by the subordinate regulatory legal act defining the procedure for the provision of public services.
If the service recipient submits an incomplete package of documents according to the list provided for by the subordinate regulatory legal act defining the procedure for the provision of public services, as well as expired documents, the employee of the State Corporation refuses to accept the application.
When providing a public service through a State Corporation, the identification of the identity of the service recipient is carried out by employees of the State Corporation.
When providing public services through a State Corporation, interaction with service providers is carried out using an information system for monitoring the provision of public services.
Excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Employees of the State Corporation in the provision of public services are required to obtain the written consent of the service recipient for the use of information constituting a legally protected secret contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective ten calendar days after the date of its first official publication).
Article 21. Provision of public services in electronic form
The provision of public services in electronic form is carried out through the e-government web portal in accordance with the legislation of the Republic of Kazakhstan.
The result of the provision of public services in electronic form is the issuance of an electronic document or a paper document or information from the "electronic government" information system.
2-1. The results of the provision of public services in electronic form obtained through a cellular subscriber device are sent to the user's office on the e-government web portal in the form of an electronic document, as well as, at the choice of the service recipient, to his subscriber number in the form of a short text message.
2-2. Mandatory details of the results of the provision of public services in electronic form obtained through a cellular subscriber device, as well as the procedure for verifying their reliability are regulated by the legislation of the Republic of Kazakhstan on informatization.
2-3. The results of the provision of public services in electronic form obtained through a cellular subscriber device are used by the service recipient to confirm facts of legal significance, without the need for their presentation on paper.
When providing a public service in electronic form through a State Corporation, on the basis of the written consent of the service recipient, his request in the form of an electronic document is certified by an electronic digital signature of an employee of a State Corporation issued to him for use for official purposes.
Service recipients may be provided with several public services in electronic form on the principle of "one application" in the manner determined by the authorized body in the field of informatization.
In order to provide public services in electronic form, state bodies are obliged to keep up-to-date electronic information resources located in their information systems on an ongoing basis.
Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 21-1. Provision of proactive services
The provision of proactive services is carried out without the application of the service recipient at the initiative of the service provider through the information systems of state bodies when registering the telephone number of the subscriber's cellular communication device of the service recipient on the web portal of "electronic government" and includes:
1) sending automatic notifications to the service recipient with a request for the provision of public services;
2) obtaining the consent of the service recipient for the provision of proactive services, as well as other necessary information from the service recipient, including restricted access, through the subscriber's cellular communication device of the service recipient.
Footnote. Chapter 4 is supplemented by Article 21-1 in accordance with the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 22. Optimization of public service delivery processes
Optimization of the processes of rendering public services is carried out by central state bodies, a State corporation, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts on a permanent basis in accordance with the procedure determined by the authorized body in the field of informatization.
Optimization of the processes of rendering public services through a State Corporation is carried out on the basis of a decision of the authorized body in the field of public services, including the results of pilot projects in the field of public services. The implementation of pilot projects in the provision of public services by the authorized body in the provision of public services and interested central state bodies – developers of a subordinate regulatory legal act defining the procedure for the provision of public services, is carried out on the basis of a joint decision.
Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 23. Informing service recipients about the procedure for the provision of public services
Information on the procedure for the provision of public services is provided by:
1) placement of subordinate regulatory legal acts defining the procedure for the provision of public services at the locations of service providers and the State Corporation;
2) appeals of individuals and legal entities to service providers;
3) placement of subordinate regulatory legal acts defining the procedure for the provision of public services on the web portal of "electronic government", Internet resources of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, service providers and other mass media;
4) appeals to the Unified Contact Center.
Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts and service providers within three working days from the date of approval or amendment of the subordinate regulatory legal act defining the procedure for the provision of public services, update information about the procedure for its provision is sent to a Single contact center.
Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, service providers and the State Corporation are obliged to immediately provide service recipients with information on the procedure for providing public services with the necessary explanations when they apply.
Information about the stage of rendering the state service is provided to the service recipient when he/she contacts the Unified Contact Center and/or the service provider.
Central state bodies, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts annually post a report on activities on the issues of electronic government on the web portal, Internet resources and other mass media provision of public services.
Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts at least once a year hold public discussions of reports on activities in the field of public services with the participation of service providers, interested individuals and legal entities. The results of public discussions are used to improve the quality of public services and improve the subordinate regulatory legal acts defining the procedure for the provision of public services.
Footnote. Article 23 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 24. Payment for the provision of public services
Public services in the Republic of Kazakhstan are provided on a paid or free basis in accordance with the laws of the Republic of Kazakhstan.
It is not allowed to establish for the service recipient a fee for the provision of public services, the free provision of which is guaranteed by the laws of the Republic of Kazakhstan.
Article 25. Features of consideration of complaints concerning the provision of public services
Complaints of service recipients on the provision of public services are subject to consideration in accordance with the legislation of the Republic of Kazakhstan, taking into account the specifics established by this Law.
The complaint of the service recipient received by the central state body, the local executive body of the region, the city of republican significance, the capital, the district, the city of regional significance, the akim of the district in the city, the city of district significance, the village, the village, the rural district, the service provider, the State Corporation directly providing public services, is subject to consideration within five working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within fifteen working days from the date of its registration.
The authorized body for the assessment and control of the quality of the provision of public services following the results of consideration of the complaint is obliged to:
1) provide a comprehensive study of the reasons for the dissatisfaction of the service recipient with the decision of the central state body, local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the district in the city, city of district significance, village, village, rural district, service provider, state corporation on his complaint;
2) if the fact of non-compliance with the legislation of the Republic of Kazakhstan in the provision of public services is established by the central state body, local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the district in the city, city of district significance, village, village, rural district, send proposals to their address for adoption measures to restore the violated rights, freedoms and legitimate interests of the service recipient;
3) to monitor the timeliness and completeness of satisfaction of the complaint of the service recipient by the central state body, local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the district in the city, city of district significance, village, village, rural district.
The term of consideration of the complaint by the authorized body for the assessment and control of the quality of public services, the central state body, the local executive body of the region, the city of republican significance, the capital, the district, the city of regional significance, the akim of the district in the city, the city of district significance, the village, the village, the rural district is extended for no more than ten working days in if necessary:
1) conducting an additional study or inspection on a complaint or an on-site inspection;
2) getting more information.
In case of extension of the term of consideration of the complaint, the official authorized to consider complaints, within three working days from the date of extension of the term of consideration of the complaint, informs in writing (when filing a complaint on paper) or electronically (when filing a complaint electronically) to the service recipient who filed the complaint about the extension of the term of consideration of the complaint with indicating the reasons for the extension.
Footnote. Article 25 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Chapter 5. State control over the quality of
public services. Assessment and public monitoring
the quality of public services
Footnote. The title of Chapter 5 as amended by the Law of the Republic of Kazakhstan dated 11/23/2015 No. 417-V (effective after ten calendar days after the date of its first official publication).
Article 26. Principles of state control over the quality of public services, assessment and public monitoring of the quality of public services
Conducting state control over the quality of public services, assessment and public monitoring of the quality of public services is based on the principles of:
1) legality;
2) objectivity;
3) impartiality;
4) reliability;
5) comprehensiveness;
6) transparency.
Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 11/23/2015 No. 417-V (effective after ten calendar days after the date of its first official publication).
Article 27. Features of state control over the quality of public services
State control over the quality of public services is carried out in accordance with the legislation of the Republic of Kazakhstan.
The object of state control over the quality of public services is the activity in the field of public services of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, as well as individuals and legal entities providing public services in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 11/23/2015 No. 417-V (effective after ten calendar days after the date of its first official publication).
Article 28. Procedure for assessing the quality of public services
Assessment of the quality of public services, with the exception of public services rendered in electronic form, is carried out by the authorized body for the assessment and control of the quality of public services in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Assessment of the quality of public services provided in electronic form is carried out by the authorized body in the field of informatization in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Article 29. Public monitoring of the quality of public services
Public monitoring of the quality of public services is carried out by individuals, non-profit organizations on their own initiative and at their own expense.
Public monitoring of the quality of public services is also carried out by the state social order of the authorized body for the assessment and control of the quality of public services in accordance with the legislation of the Republic of Kazakhstan.
When conducting public monitoring of the quality of public services, individuals, non-profit organizations have the right to request from the central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, State Corporation the necessary information related to in the field of public services, in the absence of this information on their Internet resources, with the exception of information, constituting state secrets, commercial and other secrets protected by law in accordance with the legislation of the Republic of Kazakhstan.
According to the results of public monitoring of the quality of public services, individuals and non-profit organizations draw up a conclusion. The conclusion of the public monitoring of the quality of public services includes:
1) information on compliance by central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, State Corporation, as well as service providers with the requirements of the legislation of the Republic of Kazakhstan in the provision of public services;
2) recommendations to eliminate the facts of non-compliance with the legislation of the Republic of Kazakhstan in the field of public services identified during public monitoring of the quality of public services;
3) proposals to improve the quality of public services;
4) proposals for amendments and additions to subordinate regulatory legal acts defining the procedure for the provision of public services.
Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts, State Corporation, as well as service providers take measures to improve the quality of public services, taking into account the conclusion of public monitoring of the quality of public services.
Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Chapter 6. FINAL PROVISIONS
Article 30. Responsibility for violation of the legislation of the Republic of Kazakhstan in the provision of public services
Violation of the legislation of the Republic of Kazakhstan in the provision of public services entails liability established by the laws of the Republic of Kazakhstan.
Article 31. The procedure for the entry into force of this Law
This Law shall enter into force upon the expiration of thirty calendar days after its first official publication.
President
of the Republic of Kazakhstan
N. NAZARBAYEV
© 2012. RSE on PCV "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan