In accordance with paragraph 3-1 of Article 39-3 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan", by Order of the Minister of National Economy of the Republic of Kazakhstan dated August 7, 2017 No. 295 "On Approval of the Model Regulations of the Local Community Meeting" (registered in the Register of State Registration of Regulatory Legal Acts No. 15630), Balkhash District Maslikhat DECIDED:
1. To approve the attached regulations of the meeting of the local community of rural districts of the Balkhash district of the Almaty region.
2. To invalidate the decision of the Balkhash district Maslikhat "On approval of the regulations of meetings of local communities of rural districts of the Balkhash district" dated August 14, 2018 No. 34-165 (registered in the Register of State Registration of Regulatory Legal Acts No. 4833).
3. This decision shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Secretary of the Balkhash district maslikhat K. Lobsters
Appendix to the decision of the Balkhash district Maslikhat No. 8-43 dated September 21 , 2021
Regulations of the meeting of the local community of rural districts of Balkhash district of Almaty region
Chapter 1. General provisions
1. This regulation of the meeting of the local community of rural districts of the Balkhash district of Almaty region (hereinafter referred to as the Regulation) has been developed in accordance with paragraph 3-1 of Article 39-3 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self–Government in the Republic of Kazakhstan" (hereinafter referred to as the Law), by Order of the Minister of National Economy of the Republic of Kazakhstan dated August 7, 2017 No. 295 "On approval of the Standard Regulations of the Local Community Meeting" (registered in the Register of State Registration of Regulatory Legal Acts No. 15630).
2. The basic concepts used in this Regulation:
1) local community – a set of residents (members of the local community) living on the territory of the corresponding administrative-territorial unit within the boundaries of which local self-government is carried out, its bodies are formed and function;
2) meeting of the local community (hereinafter referred to as the meeting) – participation of representatives of the local community, delegated by the meeting of the local community, in solving current issues of local importance within the limits and in the manner established by the legislation of the Republic of Kazakhstan;
3) issues of local significance – issues of activity of a district, city, rural district, settlement and village that is not part of a rural district (hereinafter referred to as a village), the regulation of which, in accordance with the Law and other legislative acts of the Republic of Kazakhstan, is related to ensuring the rights and legitimate interests of the majority of residents of the corresponding administrative-territorial unit;
4) local self–government - activities carried out by the population directly, as well as through the maslikhat and other local self-government bodies, aimed at independently resolving issues of local significance under their own responsibility, in accordance with the procedure determined by Law, other regulatory legal acts;
5) a member of the local community assembly is a representative of the local community delegated by the local community meeting in solving current issues of local significance within the limits and in the manner established by the legislation of the Republic of Kazakhstan.
Chapter 2. Procedure for convening a meeting of the local community
3. The meeting is held on current issues of local importance:
discussion and consideration of draft program documents, local community development programs;
coordination of the draft budget of a city of district significance, a village, a settlement, a rural district (hereinafter referred to as a rural district) and a budget execution report;
coordination of decisions of the office of the akim of the rural district on the management of communal property of the rural district (communal property of local self-government);
formation of a local community commission from among the participants of the meeting in order to monitor budget execution;
hearing and discussion of the report on the results of the monitoring of the implementation of the budget of the rural district;
approval of alienation of communal property of the rural district;
discussion of topical issues of the local community, draft regulatory legal acts affecting the rights and freedoms of citizens;
coordination of candidates submitted by the akim of the Balkhash district for the post of akim of the rural district for further submission to the Balkhash district election commission for registration as a candidate for akim of the rural district;
initiating the issue of dismissal of the akim of the rural district;
making proposals for the appointment of heads of state institutions and organizations funded from the local budget and located in the relevant territories;
other current issues of the local community.
4. The meeting may be convened by the akim of a city of district significance, village, rural district, settlement independently or on the initiative of at least ten percent of the members of the meeting delegated by a meeting of the local community (hereinafter referred to as the members of the meeting), but at least once a quarter.
The initiators of the meeting in any form address the mayor in writing with an indication of the agenda.
The Akim considers the written appeal within three working days and decides on the convocation of the meeting, indicating the place and time of convocation.
5. The members of the assembly shall be notified of the time and place of convocation of the meeting and the issues under discussion no later than ten calendar days before the day of its holding through the mass media or by other means, except for the case provided for in subparagraph 4-3) of paragraph 3 of Article 39-3 of the Law, according to which the time and place of convocation of the meeting of the local community members of the assembly of the local community communities are notified no later than three calendar days before the day of its holding.
On issues submitted to the meeting for consideration, the akim's office, no later than five calendar days before the convocation of the meeting, submits the necessary materials to the members of the meeting and the akim in writing or in the form of an electronic document.
6. Before the beginning of the convocation of the meeting, the akim's office registers the members of the meeting present, its results are announced by the akim or a person authorized by him before the beginning of the convocation of the meeting and are recorded in the minutes of the meeting indicating the place and time of the convocation.
The convocation of the meeting is considered to have taken place with the participation of at least half of the members of the meeting.
7. The convocation of the meeting is opened by the akim or a person authorized by him.
To conduct the convocation of the meeting, the chairman and secretary of the meeting are elected by open vote.
8. The agenda of the meeting is formed by the office of the akim of a city of district significance, village, rural district, settlement on the basis of proposals made by members of the assembly, the akim of the relevant territory.
The agenda includes issues on the progress and (or) execution of decisions taken at previous convocations of the meeting.
The agenda of the convocation of the meeting may be supplemented and changed during its discussion.
The agenda of the convocation of the meeting is approved by the meeting.
Voting on each item on the agenda is carried out separately. An issue is considered to be included in the agenda if a majority of the members of the meeting present voted for it.
9. Deputies of the Balkhash district maslikhat, representatives of the akim's office of the Balkhash district, state institutions and enterprises, as well as individuals and legal entities whose issues are being considered at the convocation of the meeting may be invited to the convocation of the meeting. Representatives of mass media and public associations may also attend the convocation of the meeting.
The invited persons specified in the first part of this paragraph are not members of the meeting and do not participate in voting when making decisions.
10. The rules of speeches at convocations of meetings for reports, co-reports, speeches in debates and on the order of conduct of the convocation of the meeting are determined by the chairman. Speakers and co-rapporteurs are given time to answer questions. If the speaker exceeds the allotted time, the chairman of the meeting interrupts his speech or, with the consent of the majority of the members of the meeting present at the convocation, extends the time for speech.
A member of the assembly may speak on the same issue no more than twice. Addresses of members of the assembly, speeches for giving explanations and answers to questions are not considered speeches in the debate. Questions are asked to the speakers in written or oral form. Written questions are submitted to the Chairman of the meeting and announced at the convocation of the meeting.
The Chairman of the meeting may declare breaks on his own initiative or at the reasoned suggestion of the members of the meeting.
At the end of the meeting, time is allotted for the members of the meeting to make brief statements and messages, the debate on which is not opened.
Chapter 3. The procedure for decision-making by the local community meeting
11. The Assembly, within its powers, makes decisions by a majority vote of the members of the Assembly present at the convocation.
In case of equality of votes, the Chairman of the meeting shall have the right of casting vote.
The decision of the meeting is formalized by a protocol, which specifies:
1) date and place of the meeting;
2) number and list of members of the assembly;
3) the number and list of other persons present, indicating the surname, first name, patronymic (if any);
4) surname, first name, patronymic (if any) of the chairman and secretary of the meeting;
5) agenda, summary of speeches and decisions taken.
The protocol is signed by the chairman and the secretary of the meeting and is transmitted to the akim of the rural district within two working days, except in cases when the protocol contains a decision of the local community meeting on initiating the issue of termination of the powers of the akim of the rural district.
The minutes of the meeting of the local community with the decision to initiate the issue of termination of the powers of the akim of the rural district are signed by the chairman and secretary of the meeting and submitted to the Balkhash district Maslikhat for consideration within five working days.
12. Decisions adopted by the assembly are considered by the akim of the rural district within no more than five working days.
Akims have the right to express disagreement with the decision of the local community meeting, which is resolved by re-discussing the issues that caused such disagreement in the manner provided for in Chapter 2 of these Regulations.
If it is impossible to resolve the issues that caused the disagreement of the akim of the rural district, the issue is resolved by the akim of the Balkhash district after its preliminary discussion at a meeting of the Balkhash district maslikhat.