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" Ili District Maslikhat DECIDED:
1. To approve the regulations of the meeting of the local community of the Boraldai settlement and rural districts of the Ili district in accordance with the annex to this decision.
2. To invalidate the decision of the Ili District Maslikhat "On approval of the Regulations of Meetings of local communities of the Boraldai settlement and rural districts of the Ili district" dated June 20, 2018 No. 28-135 (registered in the Register of State Registration of Regulatory Legal Acts under No. 4761).
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 Ili district Maslikhat | R. Abilova |
| Appendix to the decision of the Ili District Maslikhat No. 12-44 dated November 17, 2021 |
Regulations of the meeting of the local community of Boraldai village and rural districts of Ili district
Chapter 1. General provisions
1. This Regulation of the Local Community Meeting (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).
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 importance – issues of the activities of the district, rural district, settlement, the regulation of which 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 maslikhats and other local self-government bodies, aimed at independently resolving issues of local significance under their own responsibility;
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.
3. The composition of the meeting of the local community is determined by the meeting of the local community for a period of four years and is formed from among the candidates delegated by the meeting of the local community.
At the same time, the number of members of the meeting of the local community delegated by the meeting of the local community (hereinafter referred to as members of the assembly) is determined depending on the total population of the village, village, rural district:
1) up to 10 thousand people – 5-10 members of the assembly;
2) 10-15 thousand people – 11-15 members of the assembly;
3) 15-20 thousand people – 16-20 members of the assembly;
4) over 20 thousand people – 21-25 members of the assembly.
3-1. When forming the composition of the local community assembly, the number of representatives of separate gatherings is determined in proportion to the number of their population.
3-2. For an administrative-territorial unit consisting of several localities, at least one representative from each locality delegated by separate gatherings of the local community is provided, taking into account the provisions of paragraph 3-2 of these Regulations.
Chapter 2. Procedure for convening a meeting of the local community
4. 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 the Boraldai settlement and rural districts of the Ili district and the budget execution report;
coordination of budget adjustments of Boraldai settlement and rural districts of Ili district in case of redistribution of funds in the amount of no more than twenty percent of the budget program expenditures for the current fiscal year according to the approved (updated) budget, with the exception of budget programs (subprograms) financed by targeted transfers from the district budget, between budget programs in case of non-utilization of budget funds and (or) inefficient execution of budget programs during the current fiscal year based on the results of budget monitoring without changing the structure of budget expenditures;
coordination of decisions of the administration of the settlement, rural district for the management of communal property of the Boraldai settlement and rural districts of the Ili district (communal property of local self-government);
formation of a local community commission from among the participants of the meeting in order to monitor the implementation of the budget of the Boraldai settlement and rural districts of the Ili district;
hearing and discussion of the report on the results of the monitoring of the budget execution of Boraldai village and rural districts of Ili district;
coordination of alienation of communal property of Boraldai settlement and rural districts of Ili district;
discussion of topical issues of the local community, draft regulatory legal acts concerning the rights, freedoms and duties of citizens, with the exception of draft regulatory legal acts of local executive bodies, as well as akims, providing for decisions on the establishment (cancellation) of a quarantine zone with the introduction of a quarantine regime in the relevant territory, on the establishment (lifting) of quarantine and (or) restrictive measures in cases stipulated by the legislation of the Republic of Kazakhstan in the field of veterinary medicine, as well as declaring an emergency of a natural and man-made nature, as well as providing recommendations on them within the time limits provided for by the Law of the Republic of Kazakhstan "On Legal Acts";
coordination of candidates submitted by the akim of the Ili district for the position of akim of the Boraldai settlement and rural districts of the Ili district for further submission to the Ili district election Commission for registration as a candidate for akim of the Boraldai settlement and rural districts of the Ili district;
initiating the issue of dismissal of the akim of Boraldai village and rural districts of Ili 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.
5. The meeting is convened and held by the akims of Boraldai village and rural districts of Ili district independently or on the initiative of at least ten percent of 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 Mayor within three working days considers the written appeal and decides on the convocation of the meeting, indicating the place and time of convocation.
6. The members of the assembly shall be notified of the time and place of the convocation of the meeting and the issues discussed no later than ten calendar days before the day of its holding through mass media, Internet resources, leaflets, announcements in places where citizens gather, with the exception of the case provided for in subparagraph 4-3) of paragraph 3 of Article 39-3 of the Law, according to which the time at the place of convocation of the local community meeting, members of the local community meeting 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, in the form of an electronic document (certified by an electronic digital signature) or an electronic copy of the documents.
7. 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 with the indication of 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.
8. 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.
9. The agenda of the meeting is formed by the office of the akim of Boraldai village, rural district 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.
10. Representatives of the office of the akim of the Ili district, state institutions and enterprises, as well as individuals and legal entities whose issues are being considered at the convocation of the meeting are invited to the convocation of the meeting. Deputies of the maslikhat of the Ili district, representatives of the mass media and public associations are also invited to convene 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.
11. The rules of speaking at convocations of the meeting for reports, co-reports, speeches in debates and 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 announce 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
12. The Assembly, within the limits of 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.
Within two working days from the date of the meeting, the protocol is signed by the chairman, the secretary of the meeting and transferred to the akim of Boraldai village, rural district, 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 Boraldai village, 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 Boraldai village, rural district are signed by the chairman, secretary of the meeting and submitted for consideration to the Ili district Maslikhat within five working days from the date of the meeting.
13. The decisions adopted by the assembly are considered by the akim of Boraldai village, rural district and are brought to the members of the assembly by the akim's office of Boraldai village, rural district within no more than five working days from the date of receipt of the protocol.
14. If the mayor expresses disagreement with the decision of the local community meeting, these issues are resolved by re-discussion in the manner provided for in Chapter 2 of these Regulations.
Repeated discussion of issues is carried out within twenty calendar days from the date of the first discussion of issues.
If it is impossible to resolve the issues that caused the disagreement of the akim of Boraldai village, rural district, the issue is resolved by a higher akim.
The akim of the Boraldai village, rural district, within two working days, sends to the address of the superior akim and the Ili district maslikhat the minutes of the meeting of the local community, after the re-discussion by the meeting of the local community of the issues that caused disagreement.
The superior akim, after preliminary discussion and its decision at the next meeting of the Ili district Maslikhat of issues that caused disagreement between the akim of the Boraldai village, the rural district and the local community assembly in accordance with the procedure provided for in Article 11 of the Law, makes a decision within five working days.
15. Local government and self-government bodies, officials, within the limits of their powers, ensure the execution of decisions taken at the convocation of the meeting and approved by the akim of Boraldai village, rural district.
16. The decisions taken at the convocation of the meeting are distributed by the office of the akim of Boraldai village, rural district through mass media, Internet resources, leaflets, announcements in places where citizens gather.
Chapter 4. Control over the execution of decisions of the local community meeting
17. The information of persons responsible for the execution of the decisions of the meeting is regularly heard at the meeting.
18. In case of non-fulfillment or poor-quality execution of decisions, the relevant information is entered into the protocol, which is sent by the chairman of the meeting to the akim of the Ili district or to the higher heads of officials responsible for the execution of the decisions of the meeting.
In case of repeated non-fulfillment or poor-quality execution of the decisions taken, the meeting initiates the issue of disciplinary responsibility of officials to the akim of the Ili district or the higher management of the relevant officials.