Note ILLI!
The law becomes invalid by the Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI (comes into force on July 1, 2021)
TABLE OF CONTENTS
This Law is aimed at establishing administrative procedures that contribute to improving the organization of management activities, ensuring the smooth functioning of state bodies, prompt decision-making, respecting the rights and freedoms of citizens, protecting state interests, and preventing civil servants from using official powers for non-official purposes.
Footnote. Preamble as amended by the Laws of the Republic of Kazakhstan dated June 18, 2007 No. 262; dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
Chapter 1. General Provisions
Article 1. Basic concepts used in this Law
1. Administrative procedures are understood as:
1) the procedure for making and executing decisions in the implementation of state functions and official powers by state bodies and officials and their registration, including in electronic form;
2) the procedure for organizing the work of the state apparatus;
3) procedures for considering applications from citizens to exercise their rights, as well as procedures for administrative protection of the rights and legitimate interests of citizens;
4) the basic principles of decision-making procedures in the field of economics.
1-1. Service information is understood as information created, processed and transmitted during the performance of state functions, the owner, owner or user of which is the state.
2. State bodies are understood as state institutions authorized by the Constitution, laws, and other normative legal acts to carry out functions on behalf of the state for:
1) the issuance of acts defining generally binding rules of conduct;
2) management and regulation of socially significant public relations;
3) control over compliance with the generally binding rules of conduct established by the state.
2-1. The competence of a state body is understood as a set of established powers of a state body that determine the subject of its activities;
the powers of a state body mean the rights and obligations of a state body;
the rights of a state body are understood as the ability to perform certain actions, to demand certain behavior (actions or refraining from performing actions) from another person (s);
the duties of a state body mean a range of actions, the implementation of which is mandatory by a state body;
the tasks of the state body mean the main directions of the state body's activity;
the functions of a state body are understood as the implementation by a state body of activities within its competence.
The competence, powers, functions and tasks of a state body are established in the Constitution, laws and other regulatory legal acts adopted by the President, the Government, the superior central state body in relation to it.
2-2. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-3. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-4. (Is excluded by the Law of the Republic of Kazakhstan dated 04.12.2008 N 97-IV (the order of enforcement see Article 2).
2-5. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-6. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-7. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-8. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-9. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-10. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2-11. Information form - a document in electronic or other form established by the legislation of the Republic of Kazakhstan, containing information on compliance with the requirements for the provision of public services.
2-12. Internal control - control exercised by a state body over the implementation of its structural and territorial divisions, subordinate state bodies and organizations, officials of decisions made by a state body, as well as the requirements of the legislation of the Republic of Kazakhstan.
2-13. The competitive environment refers to market entities, with the exception of the quasi-public sector entities.
2-14. An authorized body in the field of development of the public administration system is understood as a central executive body that exercises leadership and inter-sectoral coordination in transferring the functions of central and (or) local executive bodies to a competitive environment.
2-15. The executors of the functions of central and (or) local executive bodies (hereinafter referred to as the executors) are business entities and their associations, self-regulatory and non-governmental organizations performing the functions of central and (or) local executive bodies in the manner prescribed by this Law.
2-16. Users of the functions of central and (or) local executive bodies (hereinafter referred to as users) are individuals and legal entities.
2-17. Outsourcing of the functions of central and (or) local executive bodies (hereinafter referred to as outsourcing) means the transfer of the functions of central and (or) local executive bodies to a competitive environment for their implementation by concluding contracts.
2-18. Monitoring of the transferred functions of central and (or) local executive bodies (hereinafter - monitoring) means a set of measures aimed at systematic and continuous collection, processing, analysis and evaluation of data on the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment.
2-19. Interested parties are understood as business entities and their associations, self-regulatory and non-governmental organizations, whose rights and obligations are affected by this Law and which, in the opinion of central and (or) local executive bodies, are capable of providing assistance in transferring their functions to a competitive environment.
2-20. The full transfer of functions of central and (or) local executive bodies means the exclusion of functions from the competence of central and (or) local executive bodies and the transfer of their implementation to a competitive environment through self-regulation based on mandatory membership (participation), or at the expense of users.
Partial transfer of functions of central and (or) local executive bodies is understood as the implementation of the functions of central and (or) local executive bodies through outsourcing, state assignment and (or) state social order. At the same time, the function is not excluded from the competence of central and (or) local executive bodies.
2-21. Optimization is understood as a set of measures aimed at reducing the number of staff, reducing and (or) redistributing the costs of central and (or) local executive bodies, including those related to the transfer of functions to a competitive environment.
3. In this Law, officials are understood to be persons who permanently, temporarily or under special authority exercise state functions (functions of a representative of the authorities) or perform organizational and administrative or administrative functions in state bodies.
By virtue of the requirements of the Constitution, laws and other regulatory legal acts, officials can perform the functions assigned to them:
1) on behalf of a specific official of the state in the manner of sole administration;
2) on behalf of a specific state body and its structural subdivisions in the manner of sole administration or in a collegial manner, depending on the procedure for making decisions in a specific state body provided for by legislation.
4. Is excluded by the Law of the Republic of Kazakhstan dated May 16, 2014 No. 203-V (shall be enforced upon expiry of six months after the day of its first official publication).
5. Is excluded by the Law of the Republic of Kazakhstan dated May 16, 2014 No. 203-V (shall be enforced upon expiry of six months after the day of its first official publication).
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 12.03.2004 N 536; dated 18.06.2007 N 262; dated 04.12.2008 N 97-IV (the order of enforcement see Art. 2); dated 02.04.2010 No. 263-IV (shall be enforced from 01.01.2010); dated 15.07.2010 No. 337-IV (the order of enforcement see Art. 2); dated 01.04.2011 No. 425-IV (shall be enforced from the date of its first official publication); dated 21.07.2011 No. 468-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated May 16, 2014 No. 203-V (shall be enforced upon the expiry of six months after the day of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated October 29, 2015 No. 376-V (shall be enforced from 01.01.2016); dated 16.11.2015 No. 404-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 19.04.2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated November 25, 2019 No. 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 2. Scope of this Law
1. The administrative procedures provided for by this Law in the part not regulated by legislative acts are applied in the activities:
1) the President of the Republic of Kazakhstan, state bodies and officials ensuring the activities of the head of state, state bodies directly subordinate and accountable to the President;
2) the apparatus of the chambers of the Parliament, the Central Election Commission of the Republic of Kazakhstan;
3) the offices of the Constitutional Council, the Supreme Court and other courts of the Republic of Kazakhstan;
4) the Government, the Office of the Prime Minister, central executive bodies of the Republic of Kazakhstan;
5) the offices of local representative bodies of the Republic of Kazakhstan;
6) local executive bodies of the Republic of Kazakhstan;
7) excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
2. The procedure provided for by this Law does not apply to:
1) consideration of citizens' appeals and other cases, the procedure for considering which is established by the legislation on administrative offenses, criminal procedure and civil procedure legislation;
2) preparation of normative legal acts, the preparation procedure of which is provided for by other legislative acts;
3) strategic, budgetary and economic types of planning, the procedure for implementation of which is established by the legislation of the Republic of Kazakhstan.
Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated June 18, 2007 N 262; dated 02.04.2010 No. 263-IV (shall be enforced from 01.01.2010); dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
Article 3. Principles for the establishment of administrative procedures
The administrative procedures provided for by this Law are based on the principles:
1) legality;
2) subordination of lower-level state bodies and officials to higher-level ones;
3) equality of all before the law and court;
4) the priority of the rights and freedoms of citizens, the inadmissibility of manifestations of bureaucracy and red tape when considering applications from citizens and organizations;
5) the obligation for all citizens, organizations and officials of the actions and acts provided for by administrative procedures;
6) mutual responsibility and balance of interests of the individual, society and the state;
7) taking into account public opinion and publicity in strict observance of the legislation on state secrets and other secrets protected by law;
8) maintaining the authority of state power and preventing actions that can discredit the Republic of Kazakhstan and are contrary to the interests of the public service, including countering manifestations of corruption, strict observance of prohibitions and restrictions established by law for civil servants;
9) the unity of the requirements of administrative procedures for government bodies at all levels;
10) a clear delineation of competence and coordinated functioning of all state bodies and state officials;
11) economy and efficiency;
12) excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated June 18, 2007 N 262; dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
Chapter 2. Procedure for organizing and monitoring performance
legal act of individual application
Footnote. The title of Chapter 2 is in the wording of the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 4. Adoption of decisions in the exercise by state bodies of their functions
Footnote. Article 4 is excluded by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 5. Requirements for legal acts and their execution
Footnote. Article 5 is excluded by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 6. Organization and control over the execution of a legal act of individual application
1. Organization of the execution of a legal act of individual application consists in the development and adoption by an official of the relevant authorized state body of measures for the timely and comprehensive implementation of the decision.
2. If necessary, to ensure the execution of a legal act of individual application, the authorized state body (official) develops and approves a plan of organizational measures for its implementation, which is communicated to the direct executors.
3. If a legal act of individual application does not define specific terms of its execution and direct executors, then they are established by the state executing body or a higher authority and immediately communicated to the direct executors.
4. For the purpose of timely and comprehensive implementation of the decisions taken, a state body or official must exercise control over their implementation.
Footnote. Article 6 is in the wording of the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 7. The procedure for exercising internal control over the execution of a legal act of individual application of a state body, instructions of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan
1. Internal control is subdivided into:
1) control over the implementation of legal acts of individual application (measures, the implementation of which is provided for by legal acts of individual application). In this case, all legal acts of individual application are taken under control, which contain measures to be performed;
2) control over the execution of orders of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and leading officials of the state body arising from other documents of an official nature.
2. Internal control is carried out by:
1) requesting the necessary information;
2) hearing and discussing reports and performance reports;
3) revisions and other forms of documentary verification;
4) on-site inspections;
5) in other ways that do not contradict the legislation of the Republic of Kazakhstan.
3. Internal control is carried out according to the following parameters:
1) the conformity of the activities of structural, territorial divisions, subordinate state bodies and organizations and their officials to the tasks assigned to them;
2) the timeliness and completeness of execution;
3) compliance with the requirements of the legislation of the Republic of Kazakhstan during execution.
4. An official or a relevant structural subdivision of a state body authorized to exercise control over the implementation of a legal act of individual application that has come into force or instructions of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and leading officials of a state body arising from other documents of an official nature, develops, if necessary control measures.
At the same time, an official or a relevant structural unit of a state body authorized to exercise control analyzes the incoming information about its implementation to determine:
1) the degree and quality of execution of a legal act of individual application;
2) there are deviations in the execution of a legal act of individual application, the establishment of their causes and possible measures to eliminate deviations;
3) the possibility of removing from control or extending the execution period;
4) responsibility of specific officials for non-fulfillment or improper fulfillment of a legal act of individual application.
The proposals developed as a result of the analysis of information are reported to the leadership of the state body for making an appropriate decision. The executors of the state body who analyzed the information are informed about the decision.
5. Removal from control and extension of the deadlines for the execution of measures provided for by a legal act are carried out by the leadership of the state body.
Removal from control of orders of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan is carried out in the manner prescribed by the legislation of the Republic of Kazakhstan.
6. The control service of a higher state body or executive body, prior to the expiration of the execution period established in a legal act for individual application, sends to the executor a corresponding written reminder in the manner determined by the regulations of the state body.
Additional issues related to the organization and implementation of internal control may be determined by the state body itself or by a higher state body in relation to it.
This clause does not apply to internal control carried out by an internal control body authorized by the Government of the Republic of Kazakhstan, carried out in accordance with the Budget Code of the Republic of Kazakhstan.
Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 8. Entry into force and termination of legal acts of state bodies
Footnote. Article 8 is excluded by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 3. Procedures for organizing the work of state bodies
Article 9. Planning the work of state bodies
1. State bodies carry out their activities in accordance with strategic and operational plans, as well as, if necessary, with work plans drawn up for a quarter, a year and a long-term perspective.
2. State bodies that do not develop strategic plans carry out their activities in accordance with work plans drawn up for a quarter, a year and a long-term perspective.
3. The work plans of the state body are drawn up in advance on the basis of proposals from the structural divisions of the body and in pursuance of legal and regulatory legal acts.
On the basis of the work plan of the state body, the structural divisions of this body draw up their work plans.
Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 263-IV (shall be enforced from 01.01.2010).
Article 9-1. Regulation, regulation on the state body and structural unit of the state body
Footnote. Heading of article 9-1 as amended by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
1. Is excluded by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
2. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
3. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
4. Is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
4-1. The status and powers of the state body are determined by the statute on the state body.
Instructions for the development and approval of regulations on a state body are approved by the Government of the Republic of Kazakhstan.
The standard regulation on a state body is approved by the Government of the Republic of Kazakhstan in agreement with the Administration of the President of the Republic of Kazakhstan.
5. Regarding the issues of determining the status and powers of the structural unit of the state body, the regulation is approved.
The procedure for the development and approval of the Regulation on the structural unit of the state body is approved by the Government of the Republic of Kazakhstan.
Footnote. The Law was supplemented with Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated June 18, 2007 N 262; in the wording of the Law of the Republic of Kazakhstan dated 02.04.2010 No. 263-IV (shall be enforced from 01.01.2010); as amended by the laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from the date of the first official publication); dated 21.07.2011 No. 468-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2017 No. 86-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-2. Functions of the state body
The functions of the state body are subdivided into strategic, regulatory, implementation and control:
strategic are the functions of developing, adopting planning documents, defining a system of state planning, ensuring international relations, national security and defense capability;
the regulatory functions are the functions of regulatory legal support for the implementation of state functions, registration and analysis of the implementation of regulatory legal acts, coordination of the activities of state bodies, management of state assets;
implementation functions are functions aimed at executing planning documents, regulatory legal acts, achieving goals and objectives stipulated by the planning documents of a state body, providing public services, issuing permits (including licensing, registration, certification);
control functions are the functions of checking and monitoring for the compliance of the activities of individuals and legal entities, including state institutions, with the requirements established by regulatory legal acts, and in cases provided for by the laws of the Republic of Kazakhstan, with the requirements established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and resolutions Government of the Republic of Kazakhstan.
The distribution of functions into strategic, regulatory, implementation and control in the structure of state bodies accountable to the President of the Republic of Kazakhstan is determined by the President of the Republic of Kazakhstan, and in central executive bodies - by the Government of the Republic of Kazakhstan.
State bodies are prohibited from performing functions that are not provided for by them in the legislation of the Republic of Kazakhstan.
Footnote. The Law was supplemented with Article 9-2 in accordance with the Law of the Republic of Kazakhstan dated July 27, 2007 N 315 (shall be enforced from the date of official publication); as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 N 188-IV (the order of enforcement see Art. 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated May 16, 2014 No. 203-V (shall be enforced upon the expiry of six months after the day of its first official publication); dated 24.11.2015 No. 419-V (shall be enforced from 01.01.2016).
Article 9-3. Transfer of functions of central and (or) local executive bodies to the competitive environment
1. The main goals of transferring the functions of central and (or) local executive bodies to the competitive environment are:
1) promoting the development and improvement of the competitive environment;
2) increasing the efficiency and quality of the functions of central and (or) local executive bodies;
3) improvement of the public administration system;
4) optimization.
2. The main principles of transferring the functions of central and (or) local executive bodies to the competitive environment are:
1) maintaining a balance of interests of citizens, the business community and the state;
2) ensuring equally protection of the rights and legitimate interests of citizens, the business community and the state;
3) the validity and efficiency of transferring the functions of central and (or) local executive bodies to the competitive environment;
4) the responsibility of the business community and the state, provided for by the laws of the Republic of Kazakhstan, for the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment;
5) the continuity and integrity of processes for the transfer of functions of central and (or) local executive bodies to the competitive environment, as well as associated optimization.
3. The transfer of functions of central and (or) local executive bodies to a competitive environment is carried out in accordance with this Law on an annual basis on the basis of decisions of the Commission on the transfer of functions of central and (or) local executive bodies to a competitive environment (hereinafter - the Commission).
4. The transfer of functions of central and (or) local executive bodies to the competitive environment is carried out by:
1) outsourcing;
2) state assignment;
3) state social order;
4) transmissions at the expense of users;
5) the introduction of self-regulation based on mandatory membership (participation).
5. The functions of central and (or) local executive bodies, transferred through outsourcing, state assignments and state social orders, are subject to partial transfer.
6. The selection of functions of central and (or) local executive bodies proposed for transfer to a competitive environment is carried out in accordance with the methodology for selecting functions of central and (or) local executive bodies for transfer to a competitive environment.
7. The main criteria for selecting the functions of central and (or) local executive bodies for transferring to a competitive environment are:
1) the possibility of increasing the efficiency and quality of the functions of central and (or) local executive bodies, taking into account the interests and needs of the population;
2) market readiness or the presence of a competitive environment;
3) the potential for market development.
8. It is prohibited to transfer to the competitive environment the functions of central and (or) local executive bodies aimed at protecting the constitutional order, protecting and ensuring public order, human rights and freedoms, health and morality of the population, for carrying out pre-trial proceedings in a criminal case, operational activities, as well as in the spheres of national, information security, protection of state secrets, defense, migration, state statistics and other functions, the transfer of which may harm the interests of the state.
9. After the selection of the functions of central and (or) local executive bodies proposed for transfer to a competitive environment, the cost of the function of the central and (or) local executive bodies is calculated in accordance with the methodology for determining the cost of the function of the central and (or) local executive bodies proposed for transfer to a competitive environment.
10. When transferring the functions of central and (or) local executive bodies to the competitive environment, a calculation is made for optimization.
11. Analysis of market readiness to perform the functions of central and (or) local executive bodies proposed for transfer to a competitive environment is carried out in accordance with the methodology for analyzing market readiness by functions of central and (or) local executive bodies proposed for transfer to a competitive environment.
12. Monitoring is carried out in accordance with Article 9-9 of this Law.
13. In order to inform users and the competitive environment, the following information is posted and subsequently updated on the Internet resources of the authorized body in the development of the public administration system and the National Chamber of Entrepreneurs of the Republic of Kazakhstan:
1) a list of the functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
2) the register of functions of central and (or) local executive bodies transferred to the competitive environment, indicating the regulatory legal act to which they were transferred;
3) the decision of the Commission, the results of monitoring and a list of functions of central and (or) local executive bodies returned to the competence of central and (or) local executive bodies based on the results of monitoring, indicating the regulatory legal act to which they were returned.
Footnote. The Law was supplemented with Article 9-3 in accordance with the Law of the Republic of Kazakhstan dated 19.04.2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated November 25, 2019 No. 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-4. Transfer of functions of central and (or) local executive bodies to a competitive environment through outsourcing
The functions of central and (or) local executive bodies are transferred to a competitive environment for their implementation through outsourcing in accordance with the legislation of the Republic of Kazakhstan on public procurement.
Footnote. The Law was supplemented by Article 9-4 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-5. Transfer of functions of central executive bodies to a competitive environment by means of a state assignment
Footnote. The heading of Article 9-5 as amended by the Law of the Republic of Kazakhstan dated November 25, 2019 No. 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. The functions of the central executive bodies are transferred to the competitive environment through a state assignment in accordance with the procedure for the development and implementation of a state assignment established by the budgetary legislation of the Republic of Kazakhstan.
2. The fulfillment of the state assignment is carried out within the framework of the implementation of the approved republican budget programs by concluding a civil transaction between the administrator of the republican budget program and the executor of the state assignment, indicating the indicators of results in it.
Footnote. The Law was supplemented with Article 9-5 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated November 25, 2019 No. 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-6. Transfer of functions of central and (or) local executive bodies to a competitive environment through state social order
The transfer of functions of central and (or) local executive bodies to the competitive environment through state social order is carried out in accordance with the legislation of the Republic of Kazakhstan on state social order, grants and bonuses for non-governmental organizations in the Republic of Kazakhstan.
Footnote. The Law was supplemented with Article 9-6 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-7. Transfer of functions of central and (or) local executive bodies to the competitive environment at the expense of users
The functions of central and (or) local executive bodies are transferred to the competitive environment by excluding functions from the competence of central and (or) local executive bodies and are carried out at the expense of users.
Footnote. The Law was supplemented with Article 9-7 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-8. Transfer of functions of central and (or) local executive bodies to a competitive environment by introducing self-regulation based on mandatory membership (participation)
1. The transfer of functions of central and (or) local executive bodies to self-regulatory organizations based on compulsory membership (participation) in the field of entrepreneurial or professional activity is ensured after confirmation of the readiness of self-regulatory organizations.
2. The readiness of self-regulatory organizations to perform the functions of central and (or) local executive bodies is ensured by conducting a market readiness analysis in order to determine the benefits and costs for users, performers and the state.
Footnote. The Law was supplemented by Article 9-8 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-9. Monitoring
1. The purpose of monitoring is to monitor the performance of the functions of central and (or) local executive bodies transferred to the competitive environment.
2. The results of monitoring are used to compare key indicators of the implementation in the competitive environment of the functions of central and (or) local executive bodies transferred to the competitive environment, and to make appropriate decisions and measures.
3. Monitoring, with the exception of monitoring the implementation of the state social order, is based on:
1) analysis of applications from individuals and legal entities on the implementation of the functions of central and (or) local executive bodies transferred to a competitive environment;
2) analysis of information from the competitive environment, the National Chamber of Entrepreneurs of the Republic of Kazakhstan on the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment;
3) a system for collecting and analyzing data on the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment;
4) analysis of market readiness conducted by central and (or) local executive bodies and stakeholders.
4. Monitoring is carried out by central and (or) local executive bodies and stakeholders, with the exception of subjects of the quasi-public sector, in accordance with this Law.
5. On the basis of the Commission's proposals, the National Chamber of Entrepreneurs of the Republic of Kazakhstan is involved in the procedure established by the legislation of the Republic of Kazakhstan to obtain an independent assessment of the implementation of the functions of central and (or) local executive bodies transferred to a competitive environment.
6. Monitoring of the implementation of the state social order is carried out in accordance with the rules for monitoring the implementation of the state social order, approved by the authorized body in the field of interaction with non-governmental organizations.
7. Monitoring of the implementation of outsourcing, government assignment, transfer at the expense of users is carried out on the basis of performance criteria and the process in accordance with the rules for monitoring the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment.
The performance criterion determines the achievement of key indicators established by the central and (or) local executive bodies for the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment.
The process criterion determines the assessment of the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment, based on the analysis of requests from individuals and legal entities, information from the competitive environment, the National Chamber of Entrepreneurs of the Republic of Kazakhstan on the implementation of the functions of central and (or) local executive bodies. bodies transferred to the competitive environment.
8. When conducting monitoring, central and (or) local executive bodies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan have the right to request from the executors the necessary information related to the sphere of performing the functions of central and (or) local executive bodies, 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.
Footnote. The Law was supplemented with Article 9-9 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-10. Return of functions of central and (or) local executive bodies transferred to a competitive environment
1. In the event that, based on the results of monitoring, the central and (or) local executive bodies have established that the function of the central and (or) local executive bodies is of poor quality, transferred to a competitive environment, the central and (or) local executive bodies shall notify about This is the authorized body in the field of development of the public administration system and the National Chamber of Entrepreneurs of the Republic of Kazakhstan.
2. The authorized body in the field of development of the public administration system, within ten working days from the date of receipt of the notification, submits the issue of poor-quality performance of the function of the central and (or) local executive bodies transferred to the competitive environment for consideration by the Commission.
3. When the Commission makes a decision to return the functions of central and (or) local executive bodies transferred to a competitive environment, within the framework of:
1) partial transfer by central and (or) local executive bodies - the return of such functions is ensured by terminating the contract concluded with the contractor in the manner established by the legislation of the Republic of Kazakhstan;
2) full transfer by central and (or) local executive bodies - in order to return such functions, measures are taken to develop a draft normative legal act in accordance with the legislation of the Republic of Kazakhstan.
To return the functions of the central and (or) local executive bodies transferred to the competitive environment, after the recommendation of the Commission, the central and (or) local executive bodies make proposals to the Government of the Republic of Kazakhstan on the development of a draft regulatory legal act necessary to ensure the return of functions to the central and ( or) local executive bodies.
4. In case of failure to achieve the goals of self-regulation based on compulsory membership (participation), the authorization or notification procedure shall be canceled in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 9-10 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-11. Competence of the Government of the Republic of Kazakhstan
Government of the Republic of Kazakhstan:
1) develops the main directions of state policy for transferring the functions of central and (or) local executive bodies to a competitive environment;
2) performs other functions assigned to it by the Constitution of the Republic of Kazakhstan, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. The Law was supplemented with Article 9-11 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-12. Competence of the authorized body in the field of development of the public administration system
The authorized body in the field of development of the public administration system:
1) implements the state policy on transferring the functions of central and (or) local executive bodies to the competitive environment;
2) informs on an annual basis the Government of the Republic of Kazakhstan on the results of the work being carried out to transfer the functions of central and (or) local executive bodies to the competitive environment;
3) develops and approves the rules for outsourcing the functions of central and (or) local executive bodies;
4) develops and approves the rules for transferring the functions of central and (or) local executive bodies to the competitive environment;
5) develops and approves a methodology for selecting the functions of central and (or) local executive bodies for transfer to a competitive environment;
6) develops and approves a methodology for determining the cost of the function of the central and (or) local executive bodies proposed for transfer to a competitive environment;
7) develops and approves a methodology for analyzing market readiness by functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
8) develops and approves the rules for monitoring the implementation of the functions of central and (or) local executive bodies transferred to the competitive environment;
9) provides methodological assistance and coordination of the activities of central and (or) local executive bodies to transfer the functions of central and (or) local executive bodies to a competitive environment;
10) prepares and issues expert opinions to the central and (or) local executive bodies on the market readiness analyzes carried out by them;
11) conducts an examination of the results of the selection of functions of central and (or) local executive bodies, proposed by central and (or) local executive bodies for transfer to a competitive environment, within the limits of their competence;
12) prepares and issues an opinion on the submitted calculation for optimization carried out by the central and (or) local executive bodies;
13) exercise other powers provided for by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. The Law was supplemented with Article 9-12 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-13. Competence of central and (or) local executive bodies
1. Central executive bodies:
1) carry out, on an annual basis, together with interested persons, performers and the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the selection of functions of central and (or) local executive bodies for transfer to a competitive environment in the relevant industry (sphere) of public administration;
2) carry out, together with interested persons, performers and the National Chamber of Entrepreneurs of the Republic of Kazakhstan, an analysis of market readiness by the functions of central and (or) local executive bodies proposed for transfer to a competitive environment in the relevant industry (sphere) of public administration;
3) make proposals on the transfer of functions of central and (or) local executive bodies to the competitive environment to the authorized body in the field of development of the public administration system;
4) develop drafts of regulatory legal acts on the transfer of functions of central and (or) local executive bodies to the competitive environment in the relevant branch (sphere) of public administration, as well as the return of functions of central and (or) local executive bodies transferred to the competitive environment;
5) in case of violation of the rights, freedoms and legitimate interests of users, take measures aimed at their restoration, in accordance with the legislation of the Republic of Kazakhstan;
6) are obliged to familiarize the executors with the monitoring results;
7) when transferring the functions of central executive bodies to a competitive environment, they carry out a calculation for optimization and send it for approval to the authorized body in the field of development of the public administration system;
8) exercise other powers provided for by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. Local executive bodies:
1) carry out on an annual basis, together with interested persons, performers and the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the selection of functions of local executive bodies for transfer to a competitive environment;
2) carry out, together with interested persons, performers and the National Chamber of Entrepreneurs of the Republic of Kazakhstan, an analysis of market readiness according to the functions of local executive bodies proposed for transfer to a competitive environment;
3) make proposals on the transfer of functions of local executive bodies to the competitive environment to the authorized body in the field of development of the public administration system;
4) in case of violation of the rights, freedoms and legitimate interests of users, take measures aimed at their restoration, in accordance with the legislation of the Republic of Kazakhstan;
5) are obliged to familiarize the executors with the monitoring results;
6) when transferring the functions of local executive bodies to a competitive environment, they carry out a calculation for optimization and send it for approval to the authorized body in the field of development of the public administration system;
7) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 9-13 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-14. Competence of the National Chamber of Entrepreneurs of the Republic of Kazakhstan
National Chamber of Entrepreneurs of the Republic of Kazakhstan:
1) collects, analyzes and publishes proposals of business entities and their associations on the functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
2) submits to the authorized body in the field of development of the public administration system, central and (or) local executive bodies proposals on the transfer of functions of central and (or) local executive bodies to the competitive environment;
3) takes part in the consideration of issues of poor-quality performance of the functions of central and (or) local executive bodies transferred to the competitive environment;
4) perform other functions provided for by this Law and other laws of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 9-14 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-15. Interaction of central and (or) local executive bodies with the National Chamber of Entrepreneurs of the Republic of Kazakhstan on the transfer of functions of central and (or) local executive bodies to a competitive environment
Central and (or) local executive bodies interact with the National Chamber of Entrepreneurs of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan, including through participation in:
1) selection, on an annual basis, of the functions of central and (or) local executive bodies for transfer to a competitive environment;
2) analysis of market readiness by functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
3) work on the development of proposals on the transfer of functions of central and (or) local executive bodies to a competitive environment affecting the interests of business entities.
Footnote. The Law was supplemented with Article 9-15 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-16. Rights and obligations of performers
1. Performers have the right:
1) apply with a request to the central and (or) local executive bodies for information necessary to perform the functions of the central and (or) local executive bodies transferred to the competitive environment;
2) conduct an alternative analysis of market readiness by the functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
3) make proposals to the authorized body in the field of development of the public administration system, central and (or) local executive bodies on the transfer of functions of central and (or) local executive bodies to a competitive environment;
4) participate in the analysis of market readiness in terms of the functions of central and (or) local executive bodies proposed for transfer to a competitive environment;
5) participate in the selection on an annual basis of the functions of central and (or) local executive bodies for transfer to a competitive environment;
6) get acquainted with the results of monitoring;
7) no later than ten working days from the date of receipt of the monitoring results, submit written explanations about disagreement with the monitoring results or an action plan to eliminate comments to be considered by the Commission.
2. Performers are obliged to:
1) create conditions for the high-quality performance of the functions of central and (or) local executive bodies transferred to the competitive environment;
2) create the necessary conditions for persons with disabilities when they receive the functions of central and (or) local executive bodies transferred to a competitive environment;
3) provide the central and (or) local executive bodies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan with information and (or) documents necessary for monitoring, in the case provided for by this Law;
4) provide users with complete and reliable information on the procedure for performing the functions of central and (or) local executive bodies transferred to the competitive environment;
5) take measures aimed at restoring violated rights and legitimate interests of users, in accordance with the legislation of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 9-16 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-17. Activities and functions of the Commission
1. In order to develop proposals and recommendations on the transfer of functions of central and (or) local executive bodies to a competitive environment, an advisory and advisory body - the Commission - is created.
The Commission may include deputies of the Parliament of the Republic of Kazakhstan, representatives of central and local executive bodies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, business entities and non-governmental organizations.
2. The Commission performs the following functions:
1) develops proposals and recommendations on the transfer of functions of central and (or) local executive bodies to a competitive environment;
2) develops proposals and recommendations for the return of the functions of central and (or) local executive bodies transferred to a competitive environment, based on the proposals of the authorized body in the field of development of the public administration system, the National Chamber of Entrepreneurs of the Republic of Kazakhstan.
3. Information on the activities of the Commission is posted and updated at least once every six months on the Internet resource of the authorized body in the field of development of the public administration system.
Footnote. The Law was supplemented by Article 9-17 in accordance with the Law of the Republic of Kazakhstan dated April 19, 2019 No. 250-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 10. Sole administrative activity
1. Sole administrative activity - an activity carried out by officials in state bodies, consisting in the sole signing of legal acts of individual application by authorized officials, giving instructions and instructions to subordinate employees, solely taking other organizational and administrative measures to carry out state functions.
2. The head of a state body (with the exception of collegial state bodies) exercises leadership of the entrusted body through sole administrative activity and bears personal responsibility for the legality of decisions made.
3. When carrying out sole administrative activity, subordinate officials shall carry out their actions in strict accordance with the decisions of a higher official. If state functions are carried out exclusively through sole administrative activity, then in this case the task of lower officials is to ensure this activity of an authorized person.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 481-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 11. Activities of collegial state bodies
1. Collegial state bodies are state bodies, decisions of which are adopted by a majority vote of the members of these bodies. Responsibility for the legality of the decisions taken by the collegial body rests with all members of the collegial body who took part in the vote, except for those who voted against the decision.
2. The main form of activity of collegial bodies is their meetings, at which decisions of these bodies are made.
3. When preparing and holding meetings of collegial state bodies, authorized bodies (their structural divisions) and officials resolve the following issues:
1) scheduling of meetings - a plan for holding these meetings is developed and approved. This plan is developed for a quarter and a year, respectively, and is approved by the head of the collegial body or the head of the body that ensures the activities of the collegial body, after appropriate approval. The approved plan is communicated to the interested authorities and officials;
2) preparation of issues submitted to a meeting of a collegial state body, other organizational measures for holding a meeting are carried out by its respective structural divisions or by a body that ensures the activities of the collegial body.
4. The procedure for holding meetings is determined by the regulations of collegial state bodies.
5. The meeting of the collegial body is recorded.
6. Decisions made at the meeting are drawn up in accordance with the regulations of the collegial state body by resolutions and are communicated to the executors. If necessary, a plan of measures for the implementation of the adopted decisions is developed and approved, and control over their implementation is established.
Article 12. Consideration and passing of official documents in state bodies
1. Official documents addressed to a state body or directly to the management of this body, after their receipt and registration by the office management service, are transferred to the management, which considers them and prepares instructions (resolutions) on them.
2. When accepting an issue for its consideration, an official of a state body must make sure that the solution of the question posed is within the competence of this body or this official.
3. If the issue goes beyond the established competence, the authorized official decides to send the appeal to the competent state body or official with the obligatory notification of the applicant within a period of no more than three working days.
4. Documents on behalf of a state body are signed by its head, a person replacing him (in accordance with the distribution of official duties established in this body), or another authorized official of this body.
5. When sending a document requiring return to a state body, a note is made on it about the need to return to this state body.
6. The term for consideration of documents in state bodies should not exceed one month, unless otherwise provided by law.
Footnote. Article 12 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 12-1. Calculation of terms
1. The term established by law is determined by a calendar date or an indication of an event that must inevitably occur. The term can also be set as a period of time, which is calculated in years, quarters, months, weeks, days or hours.
2. The term, calculated in years, starts from the calendar date or from the day of the occurrence of the event, which determined its beginning, and expires on the corresponding month and day of the last year of the term. If the end of the term falls on a month in which there is no corresponding date, then the term expires on the last day of this month.
3. The period, calculated in months, begins from the calendar date or from the day of the occurrence of the event, which determined its beginning, and expires on the corresponding day (date) of the last month of the period. If the end of the term falls on a month in which there is no corresponding date, then the term expires on the last day of this month.
4. A period calculated in weeks starts from the calendar date or from the day of the occurrence of the event, which determined its beginning, and expires on the corresponding day of the last week of the period.
5. The period, calculated in days, starts from the calendar date or from the day of the occurrence of the event, which determined its beginning, and expires on the last day of the specified period.
If the last day of the term falls on a non-working day, the next working day following it shall be considered the end of the term.
6. The time period, calculated in hours, begins from the minute of the occurrence of the event, which determines its beginning, and expires at the last minute of the established period.
Footnote. The Law was supplemented by Article 12-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 13. Requirements for information exchange
1. Information exchange - sending and receiving information in the manner prescribed by law by officials of state bodies in the exercise of their official powers.
2. The procedures governing information exchange should facilitate:
1) uninterrupted functioning of the unified information space of Kazakhstan, its entry into the world communications and informatics system;
2) strengthening the national information protection system, including state information resources.
Decision-making by state bodies and officials of the Republic of Kazakhstan should be based on objective and proactive information.
3. Information exchange between government agencies and their subdivisions is based on the minimum required volume of mutual information flows, on the prevention of duplication in the provided management information.
4. Information procedures should not allow disclosure of proprietary information of limited distribution and other information related to the interests of the state.
Official information of limited distribution is marked "For official use".
The rules for classifying information as official information of limited distribution and working with it are established by the Government of the Republic of Kazakhstan.
Civil servants are provided with official information only for the performance of their assigned official duties. This information cannot be used for off-duty purposes.
5. State bodies carry out the integration of information systems in the manner and terms established by the authorized body in the field of informatization, with the exception of information systems containing information related to state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets.
6. State bodies shall take measures to reduce (exclude) the use of paper documents and the requirements for their submission in the implementation of state functions and the provision of state services.
In the case of using paper documents in the process of performing administrative procedures, government bodies take measures to convert paper documents into electronic documents.
Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated June 18, 2007 No. 262; dated 16.11.2015 No. 404-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016).
Article 14. Internal control over the execution of official documents
Footnote. The title of Article 14 as amended by the Law of the Republic of Kazakhstan dated October 29, 2015 No. 376-V (shall be enforced from 01.01.2016).
1. Internal control over the execution of orders of the head of a state body or another superior official, not related to the acts issued by these officials, shall be assigned to the relevant divisions of this state body.
2. Internal control over the timing of the execution of orders on official documents is carried out by the office of the state body.
3. The execution of orders given to several performers is coordinated by the official indicated in the order first.
4. The office work service in advance, before the expiration of the execution period of the control order, sends a reminder to the relevant unit.
5. If additional time is required for the execution of the order, the executor shall apply in writing to the official who gave the order to extend the period for the execution of the order. An additional deadline for the execution of the order is established by the head who gave the order.
6. The executed documents are removed from the control by the official who gave the order, or by another authorized official.
Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated October 29, 2015 No. 376-V (shall be enforced from 01.01.2016).
Chapter 4. Procedures for the protection of the rights and legitimate interests of citizens
Article 15. Requirements for the procedures for exercising the rights of citizens
1. The procedures for the implementation of the rights of citizens should provide for:
1) the procedure for the exercise of rights, in which citizens are obliged to provide state bodies and officials with a minimum number of documents confirming legally significant facts;
2) the minimum period for exercising the rights and ensuring the legitimate interests of citizens;
3) the minimum number of instances with which a draft decision on the implementation of citizens' rights is agreed;
4) advance notification of citizens about the place and time of consideration of the case by the relevant person or body;
5) the possibility of familiarization with the case materials related to the consideration of his appeal, the possibility of personal participation of a citizen in the proceedings on his appeal;
6) the conduct of a case on the appeal of a citizen by the same official, preventing the unjustified transfer of the case materials related to the appeal of a citizen to another official;
7) prevention of cases when the consideration of a citizen's appeal is entrusted to a person in relation to whom there is reason to believe that he is not interested in an objective solution of the issue.
2. The procedures for the implementation of the rights of citizens should not allow:
1) appeal of a complaint to the detriment of the person who filed the complaint, or in whose interests it was filed;
2) sending applications to officials whose actions are appealed against in the appeal;
3) the possibility of disclosing information about their private life, personal and family secrets without the consent of citizens;
4) establishing data on the identity of the citizen, not related to the appeal.
Article 15-1. Provision of public services
Footnote. Article 15-1 is excluded by the Law of the Republic of Kazakhstan dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication).
Article 15-2. Provision of information services by state bodies to individuals and legal entities
Footnote. Article 15-2 is excluded by the Law of the Republic of Kazakhstan dated 16.11.2015 No. 404-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 15-3. Notification order
Footnote. Article 15-3 is excluded by the Law of the Republic of Kazakhstan dated May 16, 2014 No. 203-V (shall be enforced upon the expiry of six months after the day of its first official publication).
Article 16. Appeals from citizens
1. The procedure for filing applications by citizens, their registration, the terms of their consideration by the state body are determined by the legislation of the Republic of Kazakhstan.
2. During the consideration of the case:
1) the state body or official establishes and investigates the factual circumstances associated with the appeal, determines the norms of law that should be followed when making a decision on the appeal, and, if necessary, requests and receives, in the prescribed manner, documents and materials necessary for making a decision;
2) a citizen has the right to personally present his arguments to an official considering his appeal, as well as provide additional materials to confirm the validity of his appeal.
3. Control over the course of consideration of citizens' appeals sent to subdivisions of the state body is carried out by the heads of these subdivisions.
4. A motivated written response is given to the applicants on the results of consideration of applications by the authorized state body or official.
5. Citizens' appeals are considered permitted when the questions raised in them have been considered, the necessary measures have been taken on them, and answers have been given to the applicants in the manner prescribed by law.
6. If the resolution of issues is postponed for a long time, then the appeal is put under additional control until its final execution.
7. The applicant has the right to file a repeated appeal on the issue already considered by the state body (official of the state body) in the manner prescribed by law, if there are new arguments or newly discovered circumstances. Repeated appeals, in which new arguments or newly discovered circumstances are not presented, are not subject to verification if there are exhaustive materials of checks on them and the applicants were given answers in the prescribed manner.
8. The decision to terminate proceedings on the basis of citizens' appeals and to remove these cases from control may be made by the head of the state body or his deputy.
9. The basis for removing the received appeal from control is a document of the established form (memo, certificate) on the results of its consideration with the attachment of inspection materials or an exhaustive response from a state body.
Article 17. Appealing the decision on the results of consideration of the citizen's appeal
1. The decision taken on the appeal may be appealed by the applicant to a higher state body (superior official) or to a court.
2. The procedure for filing and considering a complaint against actions (inaction) of officials, as well as against acts (decisions) of state bodies, is established by this Law.
Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated October 29, 2015 No. 376-V (shall be enforced from 01.01.2016).
Article 18. Applications of foreigners and stateless persons
Applications of foreigners and stateless persons are considered in the manner prescribed by law, unless other rules for their consideration are provided for by international treaties ratified by the Republic of Kazakhstan.
Article 19. Personal reception
1. The first heads of state bodies and their deputies are obliged to conduct a personal reception of citizens, including employees of these bodies, at least once a month, according to the reception schedule approved by the head of the relevant state body.
2. Reception of citizens is carried out on the days and hours established and communicated to citizens.
3. If the application or complaint cannot be resolved by the official during the reception, they are stated in writing and they are dealt with as if they were written applications.
Article 20. Office work on citizens' requests
1. Office work on citizens' requests is conducted separately from other types of office work in the manner prescribed by law.
2. The heads of the bodies bear personal responsibility for organizing work with citizens' appeals, the state of office work.
Chapter 4-1. Appealing actions (inaction) of officials and acts (decisions) of state bodies
Footnote. The Law was supplemented with Chapter 4-1 in accordance with the Law of the Republic of Kazakhstan dated October 29, 2015 No. 376-V (shall be enforced from 01.01.2016).
Article 20-1. Bodies considering complaints about actions (inaction) of officials and acts (decisions) of state bodies
1. Unless otherwise provided by the laws of the Republic of Kazakhstan, consideration of a complaint against actions (inaction) of officials, as well as acts (decisions) of state bodies, shall be carried out by a higher state body (higher official).
2. Filing a complaint with a higher state body (higher official) does not preclude an appeal to the court for the protection of the disputed rights, freedoms and (or) legitimate interests.
3. Actions (inaction) of officials and acts (decisions) of state bodies shall be appealed against in court in the manner prescribed by the laws of the Republic of Kazakhstan.
Article 20-2. The procedure and terms for filing a complaint against actions (inaction) of officials and acts (decisions) of state bodies
1. A complaint about the actions (inaction) of officials, as well as the acts (decisions) of state bodies is filed with a higher state body (higher official) no later than three months from the day when the person became aware of the commission of an action (inaction) or the adoption of an act (solutions).
The submitted complaint is subject to registration.
The date of filing a complaint with a higher state body (higher official), depending on the method of filing, are:
1) in person - the date of receipt of the complaint by a higher state body;
2) by mail - the date of the mark of acceptance by the postal or other communications organization.
The deadline is not considered missed if the complaint is sent before the expiration of the deadline by mail or handed over to a person authorized to receive it. The time for sending a complaint by mail is determined by the postmark, and the time of submission to the person authorized to receive it is determined by the note of the office or officials of these organizations.
2. If, for a good reason, the period established by paragraph 1 of this article is missed, this period, at the request of the person filing the complaint, may be restored by the superior state body (superior official) considering the complaint, unless otherwise provided by the laws of the Republic of Kazakhstan ...
In order to restore the missed deadline for filing a complaint by a higher state body (a higher official), illness, force majeure circumstances and other reasons that deprive a person of the opportunity to file a complaint are recognized as valid reasons.
In this case, a person must attach a document confirming the existence of valid reasons specified in part two of this paragraph to a petition to restore a missed deadline for filing a complaint.
3. A missed deadline for appeal is not a ground for refusal to accept a complaint by a higher state body (higher official). The reasons for missing the deadline are found out when considering the complaint on the merits and may be one of the grounds for refusing to satisfy the complaint.
4. A person who has filed a complaint with a higher state body (higher official), prior to making a decision on this complaint, may withdraw it on the basis of his written application. The withdrawal of a complaint by a person does not deprive him of the right to file a repeated complaint, subject to the deadlines, unless otherwise provided by the laws of the Republic of Kazakhstan.
Article 20-3. Form and content of the complaint
1. The complaint is submitted in writing.
2. The complaint must indicate:
1) the name of the superior state body (surname, name, patronymic (if it is indicated in the identity document) of the superior official) to which the complaint is submitted;
2) last name, first name, patronymic (if it is indicated in the identity document) and place of residence of the individual, or the full name and location of the legal entity filing the complaint;
3) an individual identification number for an individual or a business identification number for a legal entity (branch and representative office);
4) the name of the state body, the act (decision) of which is being appealed, or the surname, name, patronymic (if it is indicated in the identity document) of the official whose actions (inaction) are being appealed (appealed);
5) the circumstances on which the person filing the complaint bases his claims and evidence;
6) the date of filing the complaint;
7) a list of documents attached to the complaint.
3. The complaint may contain other information provided for by the legislation of the Republic of Kazakhstan and (or) relevant for resolving the complaint on the merits.
4. The complaint is signed directly by the person submitting it, or by a person who is his representative.
Article 20-4. General rules for handling a complaint
1. On a complaint of a person, a higher state body (a higher official) shall issue a reasoned decision within a period not exceeding thirty working days from the date of registration of the complaint.
2. When considering a complaint, the arguments set out in it are comprehensively checked, if necessary, additional materials are requested from the relevant officials, organizations and citizens with explanations regarding the appealed actions (inaction) of officials, acts (decisions) of state bodies.
3. The complaint is considered within the scope of its content.
4. It is prohibited to interfere with the activities of a higher state body (higher official) in the exercise of his powers to consider the complaint and to exert any influence on the officials involved in the consideration of the complaint.
5. Peculiarities of consideration of a complaint against actions (inaction) of officials and acts (decisions) of state bodies are established by the laws of the Republic of Kazakhstan.
Article 20-5. Suspension of an official's action, execution of an act (decision) of a state body in connection with filing a complaint
In the cases provided for by the laws of the Republic of Kazakhstan, filing a complaint suspends the action of the official, the execution of the appealed act (decision) of the state body. In other cases, the filing of a complaint may entail the suspension of the action of the official, the execution of the appealed act (decision) of the state body, if it is deemed necessary by the higher state body (superior official) considering (considering) the complaint.
Article 20-6. Decision on the results of consideration of the complaint
1. Upon completion of the consideration of the complaint on the merits, a reasoned decision is made in writing, which is sent or handed over to the person who filed the complaint, and a copy of the decision is sent to the official whose actions (inaction) are appealed, or to the state body whose act (decision) is being appealed.
2. As a result of consideration of the complaint, a decision may be made on the full or partial satisfaction of the complaint or on the refusal to satisfy the complaint. In this case, the previously rendered decision cannot be changed if this entails a deterioration in the situation of the person who filed the complaint or the person in whose interests it was filed.
3. The person who filed the complaint must be notified of the decision taken on the complaint and the further procedure for its appeal. Refusal to satisfy the complaint must be motivated.
Article 20-7. Form and content of the decision based on the results of consideration of the complaint
1. The decision based on the results of the consideration of the complaint must indicate:
1) the date of the decision;
2) the name of the superior state body (superior official) considering the complaint;
3) surname, name, patronymic (if it is indicated in the identity document) of an individual or the full name of the legal entity that filed the complaint;
4) an individual identification number for an individual or a business identification number for a legal entity (branch and representative office);
5) a summary of the contested action (inaction) of an official or an act (decision) of a state body;
6) the essence of the complaint;
7) justification with reference to the norms of the legislation of the Republic of Kazakhstan, by which the higher state body (higher official) was guided (guided) when making a decision on the complaint.
2. The decision may contain other information provided for by the legislation of the Republic of Kazakhstan and (or) relevant for resolving the complaint on the merits, as well as serving as the basis for the decision.
Chapter 5. Basic decision making procedures in economics
Article 21. Basic requirements for decision-making procedures in the field of economics
1. Decision-making procedures in the field of economics should:
1) be public and open (within the limits established by legislation);
2) be based on a tender basis in relation to citizens and organizations participating in the privatization of state property, applying for the production of work and the provision of services to the state, sale of goods, obtaining loans;
3) be based on the principle of legal equality of business entities, regardless of the form of ownership and other circumstances;
4) contain the automatic issuance of permits in the event that the state body fails to provide a reasoned refusal within the time limits established by the legislation of the Republic of Kazakhstan on permits and notifications.
2. The requirements established in paragraph 1 of this article apply to the decision-making procedures related to:
1) the distribution of funds from the republican and local budgets (including when placing government orders and government purchases), the allocation of credit resources;
2) issuance of permits;
3) granting to business entities the benefits and preferences established by legislation;
4) privatization of state property;
5) management of state assets.
Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated May 16, 2014 No. 203-V (shall be enforced upon the expiry of six months after the day of its first official publication).
Article 22. Restrictions and prohibitions in the field of making economic decisions
Decision-making procedures in the field of economics should provide for prohibitions and restrictions that do not allow:
1) inappropriate use of state budget funds;
2) restriction or elimination of competition in the market for goods and services;
3) monopoly position on the market of individual economic entities, with the exception of natural monopolies and state monopoly on certain types of activities in cases provided for by legislative acts;
4) the establishment of obstacles to the free movement of capital, labor resources and goods within a single market space of the Republic of Kazakhstan, except for cases directly provided for by legislative acts;
5) unreasonable decrease in the share of Kazakhstani commodity producers in the country's economy.
Chapter 6. Final and transitional provisions
Article 23. Responsibility for violation of this Law
Violation of this Law entails liability in accordance with the laws of the Republic of Kazakhstan.
Footnote. Article 23 is in the wording of the Law of the Republic of Kazakhstan dated June 18, 2007. N 262.
Article 24. Correlation of this Law with other regulatory legal acts
1. The provisions of this Law are basic for the development and adoption of normative legal acts regulating certain types of administrative procedures.
2. The legislation on the procedure for performing certain state functions in accordance with this Law may establish administrative procedures that determine the specifics of the procedure for performing these state functions.
Article 25. Entry into force of this Law
This Law shall enter into force upon the expiration of six months from the date of its official publication, during which state bodies and officials must bring their by-laws governing administrative procedures in line with this Law.
The President of
the Republic of Kazakhstan