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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2017 No. 943

About some questions of electronic document management

(as amended on 02-06-2022)

The government of the Republic of Kazakhstan DECIDES:

1. Approve:

1) temporary Regulations of the Government of the Republic of Kazakhstan according to appendix 1 to this resolution;

2) the temporary Instruction on clerical work in Prime minister's department of the Republic of Kazakhstan according to appendix 2 to this resolution.

2. Determine completion date of the legal acts listed in Item 1 of this resolution, on June 30, 2018.

3. Distribute temporary Regulations of the Government of the Republic of Kazakhstan and the temporary Instruction on clerical work in Prime minister's department of the Republic of Kazakhstan for carrying out pilot project on implementation of paperless clerical work according to drafts of the orders of the Government of the Republic of Kazakhstan to the Ministries for Investments and Development, information and communications, finance of the Republic of Kazakhstan and akimat of the city of Astana.

4. Approve changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan, according to appendix 3 to this resolution.

5. Ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 02.06.2022 No. 355

6. And sport of the Republic of Kazakhstan and joint-stock company "National infocommunication holding "Zerde" (in coordination) to provide to the ministry of information and communications of the Republic of Kazakhstan together with the Ministry of Culture technical maintenance of information systems and the equipment, and also safety of electronic documents for carrying out pilot project on implementation of paperless clerical work in state bodies.

7. To the central state and local executive bodies to take the measures following from this resolution.

8. To impose control of implementation of this resolution on the Deputy prime minister of the Republic of Kazakhstan Zhumagaliyev A. K.

9. This resolution becomes effective since January 1, 2018.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Appendix 1

to the Order of the Government of the Republic of Kazakhstan of December 29, 2017 No. 943

Temporary Regulations of the Government of the Republic of Kazakhstan

Chapter 1. General provisions

1. These temporary Regulations of the Government of the Republic of Kazakhstan (further - Regulations) regulate interaction of Prime minister's department, the Ministries for Investments and Development, information and communications, finance of the Republic of Kazakhstan, akimat of the city of Astana concerning paperless clerical work according to drafts of the orders of the Government of the Republic of Kazakhstan (further - the Government).

2. The questions which are not settled by these Regulations are regulated by Regulations of the Government and other legal acts.

Chapter 2. Orders of the Government

Section 2.1. Procedure for preparation and coordination of drafts of the orders of the Government

3. Drafts of resolutions are developed by authorized state bodies on the initiative or of orders of higher state bodies if other is not established by the legislation.

4. Drafts of resolutions are without fail approved with interested owing to their competence established by the legislation, state bodies in the form of electronic documents on the intranet portal of state bodies (further - IP GUO).

5. The state body developer of the project places on IP GUO in the form of electronic documents the draft of the resolution, the explanatory note to it and other necessary documents certified by the EDS of the head of legal service (or person fulfilling its duties) and the head of state body, and sends for approval to the relevant state bodies.

6. The state body developer along with the direction of the draft of the resolution on coordination in the interested state bodies on the Internet resource places the draft of the resolution, the explanatory note and other necessary documents to it, in the state and Russian languages, except for drafts of the resolutions containing personnel and organizational matters, and also the state secrets and (or) office information of limited distribution marked "For office use".

7. Under draft documents, the stipulated in Item 3 articles 82 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 providing introduction of the regulatory tool or implementation of toughening of regulation concerning subjects of private entrepreneurship the procedure of the analysis of regulatory impact according to the procedure, determined by authorized body by entrepreneurship is preposted.

Analysis results of regulatory impact are placed on Internet resources of regulatory state agencies.

8. Drafts of resolutions (orders), except for personnel (regarding appointment and release of officials of state bodies, and also creation of working groups, the commissions) and organizational nature, are subject to obligatory coordination with the Ministry of Justice responsible for conducting legal examination regarding Constitution compliance, to legal acts, acts of the President, the Government and the Prime Minister, and also the Ministry of Finance.

The drafts of resolutions concerning questions of public administration and planning, social and economic and regional policy, except for personnel (regarding appointment and release of officials of state bodies, and also creation of working groups, the commissions) and organizational nature, are subject to obligatory coordination with the Ministry of national economy.

In case of the negative conclusion of the Ministries of Justice and/or national economy, and/or finance the draft of the resolution cannot be introduced to Prime minister's department if other is not stipulated by the Prime Minister.

9. Drafts of resolutions which expected consequences of acceptance can create threat ecological including radiation, safety, environmental protection, are subject to the obligatory state environmental assessment which is carried out by authorized body in the procedure established by the legislation. The developer of the project submits it for consideration of management of the Government in the presence of the positive conclusion of authorized body by results of the state environmental assessment.

In the latter case scientific expertize is carried out concerning drafts of international treaties and international treaties which participant the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan concerning the conclusion, accomplishment, change and the termination of international treaties intends to become.

Obligatory scientific linguistic expertize is carried out on:

1) to drafts of legal acts - before their entering into the Government after coordination with the Ministries of Justice, national economy and finance;

2) to the drafts of international treaties which are subject to ratification - before their signing;

3) to the international treaties which are subject to ratification which participant the Republic of Kazakhstan intends to become, - before decision making about their ratification or accession to them by ratification.

Thus after their study in structural divisions of Prime minister's department and Presidential Administration repeated scientific linguistic expertize is carried out.

10. The drafts of resolutions infringing on interests of subjects of private entrepreneurship go to National chamber of entrepreneurs of the Republic of Kazakhstan and accredited associations of subjects of private entrepreneurship for receipt of the expert opinion. Expert opinions of National chamber of entrepreneurs of the Republic of Kazakhstan, accredited associations of subjects of private entrepreneurship have advisory nature and are the annex to the draft of the resolution before its acceptance.

11. Drafts of the orders of the Government concerning the conclusion, accomplishment, change and the termination of international treaties of the Republic of Kazakhstan are approved with the interested state bodies by means of IP GUO on the questions which are within their competence then are subject to legal examination in the Ministry of Justice.

Before entering into the Ministry of Justice the specified drafts of resolutions are approved with the Ministry of Foreign Affairs.

In electronic form are applied to these projects:

1) approved with the interested state bodies, including the Ministry of Justice and the Ministry of Foreign Affairs (with appendix of written conclusions of the interested state bodies about final coordination of the text of the draft of the international treaty), and also the corresponding foreign state (states) or the international organization the draft of the international treaty in languages of its conclusion, including in the Kazakh and Russian languages, certified by the EDS of the head of the state body developer;

2) in case according to the legislation of the Republic of Kazakhstan conducting scientific examination - the conclusion of scientific examination according to drafts of international treaties is obligatory, or according to international treaties which participant the Republic of Kazakhstan intends to become;

3) in case of introduction of bills of ratification of international treaties - offers on modification and amendments in the legislation of the Republic of Kazakhstan;

4) the copies of international treaties in languages of their conclusion officially certified by the Ministry of Foreign Affairs and other documents of the international nature officially certified by the state body developer of the project on which references in the draft of the order of the Government or the draft of the international treaty are had;

5) in case of availability of references to them - copies of decisions of the international organizations and other documents of the international nature officially certified by the state body developer of the project;

6) notes (the copy of notes certified by the Ministry of Foreign Affairs of the Republic of Kazakhstan) to earlier signed agreements.

Data on the carried-out scientific expertize, and also relevant proposals with reasons are specified in the explanatory note to the project.

Compliance of the translations in the Kazakh and Russian languages provides to one of authentic texts of international treaties the central state body responsible for project development of the resolution.

Drafts of the orders of the Government concerning the conclusion, accomplishment, change and the termination of international treaties on loans are subject to coordination with the interested central state bodies along with drafts of international treaties on loans. After coordination with the interested central state bodies and the Ministry of Justice the specified drafts of resolutions are subject to coordination with the Ministry of Foreign Affairs.

12. The drafts of resolutions providing increase in number of departments, limits of the number of staff of the ministries, their leading officials, the Government approves with the President or, according to its authorization, with Presidential Administration.

The drafts of resolutions providing increase in number of departments, limits of the number of staff of the ministries, their leading officials, are introduced by state bodies in the presence of the positive conclusion of the Republican budget commission.

13. Drafts of resolutions (orders), and also drafts of resolutions on submitting for examination of the President and Parliament according to drafts of acts of the President of the Republic of Kazakhstan and bills in case of their conceptual change in the course of consideration in Office and Presidential Administration are subject to obligatory recoordination with the interested state bodies. In case of change in the course of consideration in Office and Administration of the President of the text of the international treaty in state language - with the Ministry of Justice.

14. Consideration and coordination of drafts of resolutions in state bodies shall not exceed the following terms from the date of receipt:

1) drafts of resolutions - 10 (ten) working days;

2) drafts of resolutions concerning liquidation of emergency situations of natural and technogenic nature, and also the humanitarian assistance - 3 (three) working days;

4) drafts of codes are considered: in case of primary receipt - within 20 (twenty) working days, in case of secondary receipt - within 10 (ten) working days.

15. In need of operational adoption of the order of the Government according to orders of the Prime Minister, his deputies or the Head of Office shorter terms of coordination of specific projects in state bodies can be established.

Section 2.2. The decisions made by state bodies following the results of coordination of drafts of the orders of the Government

16. Following the results of consideration of the draft of the resolution the approving state body shall provide to developer one of the following answer options:

1) the project can be approved without notes. The head of state body approves the project in electronic form on IP GUO with use of the EDS;

2) the project can be approved on condition of elimination of the available notes. At the same time on IP GUO the approving body notes which without fail shall contain offers on their elimination are placed, and are signed by the head of the approving state body with use of the EDS. In this case, in case of the consent of developer with notes completion of projects is performed routinely then the developer places the modifed version of the project signed with the certificate of the EDS of the head of state body on IP GUO and repeatedly sends for approval to state bodies;

3) coordination of the project it is refused. At the same time on IP GUO the approving state body makes mark about refusal in coordination with motivation of refusal in coordination and the EDS of the head of the approving state body makes sure.

The approving state bodies are forbidden to approve drafts of the resolutions "with notes".

17. In the presence of disagreements the state body developer shall provide discussion it with the approving bodies for the purpose of search of the mutually acceptable decision. In case of not achievement of the mutually acceptable decision the state body developer together with the approving bodies constitutes the protocol of disagreements which is placed on IP GUO to the project. The protocol of disagreements on IP GUO makes sure the EDS of heads of state bodies.

Section 2.3. Procedure for introduction of drafts of resolutions for consideration of the Government

18. After carrying out coordination the state body developer introduces the draft of the resolution to Office together with the conclusions of the approving state bodies (protocols of disagreements) and the corresponding appendices in electronic form by means of IP GUO, except for projects marked of "chipboard" or containing the state secrets which are brought on paper.

19. The drafts of the orders of the Government introduced by state bodies to Office prepared in the state and Russian languages shall contain in electronic form:

1) draft of the order of the Government;

2) the explanatory note in amount no more than 3 (three) pages, and on difficult questions - 5 (five) pages, drawn up addressed to the Prime Minister and signed by the first head of state body where are in detail stated question subject, social and economic and if necessary political and legal, ecological, demographic and other reasons, the forecast of the expected consequences of adoption of the project, besides the explanatory note shall contain the following main data:

name of the state body developer;

the bases of adoption of the project with reference to the corresponding regulatory legal acts, regulations of the international treaties ratified by the Republic of Kazakhstan, decisions of the international organizations which participant is the Republic of Kazakhstan, legal and other orders of the Management of the Government and Office and/or other reasons for need of its acceptance (decisions of the international organizations which participant is the Republic of Kazakhstan legal and other orders of the Management of the Government and Office are put to the explanatory note);

need of finance costs on the project and its financial security, including financing source, and also in case of need the decision of the Republican budget commission (the corresponding calculations, the reference to the source of financing, the copy of the decision of the Republican budget commission are without fail put to the explanatory note);

expected consequences in case of adoption of the project;

specific purposes and terms of the expected results;

data on the acts of the President and/or the Government accepted earlier on the questions considered in the project, and results of their realization;

need of reduction of the legislation in compliance with the introduced draft in case of its acceptance (to specify whether acceptance of other regulatory legal acts or modification and/or amendments in the existing acts is required) or lack of such need;

information on need of the subsequent ratification of the introduced draft of the international treaty;

possibility of transfer of projects and materials to them on mobile devices of members of the government through the information system "Mobile Office of the Government of the Republic of Kazakhstan", except for the projects containing the state secrets and (or) office information according to the list of the office information resolved to transfer in the information system "Mobile Office of the Government of the Republic of Kazakhstan", the approved joint order of the Head of Office and Ministry of Communications and information of May 20, 2011 No. 25-1-32 dsp/22P-dsp;

information on placement of the draft of the resolution on Internet resource of state body, and also the Internet portal of open regulatory legal acts (date, the number of bytes);

information on placement of the project concerning trade in goods, services or intellectual property rights on Internet resources of authorized state bodies, and also the press release to the draft of the resolution having social value;

compliance of the draft of the resolution to the international treaties ratified by the Republic of Kazakhstan and to decisions of the international organizations which participant is the Republic of Kazakhstan.

The explanatory note to the draft of the resolution infringing on interests of subjects of private entrepreneurship without fail shall contain results of the calculations confirming decrease and (or) increase in costs of subjects of private entrepreneurship in connection with enforcement of the act of the Government.

In case of elimination of the notes specified in expert opinions, the developer of the project shall specify in the explanatory note to the draft of the resolution on elimination of these notes.

3) the comparative table of former and new edition of the resolution (resolutions) with the corresponding reasons for the made changes and additions, in form according to appendix 1 to these Regulations, according to the draft of the resolution providing modification and/or amendments in the existing acts of the Government;

concerning each paragraph of the project reasons, including in the presence of regulatory legal act with the exclusive reference on regulation corresponding legislative or the bylaw, and also its citing shall be given;

in case of introduction of new edition of the derivative regulatory legal acts approved by the orders of the Government it is also necessary to put the comparative table of former and new edition of derivative regulatory legal acts with the corresponding reasons (including in the presence of regulatory legal act with the exclusive reference on regulation corresponding legislative or the bylaw, and also its citing) each paragraph of new edition of the resolution polistno initialed and signed by the supervising deputy manager of the state body developer;

4) the reference containing reasons for need of adoption of the project if the project provides to deliver the resolution (resolutions) on loss;

5) expert opinions of National chamber of entrepreneurs of the Republic of Kazakhstan and accredited associations of subjects of private entrepreneurship if the draft of the resolution infringes on interests of subjects of private entrepreneurship.

In case of disagreement with the expert opinion, the state body developer of the draft of the resolution shall give the reasoned reasons for the reasons of disagreement with the expert opinion. The conclusions of National chamber of entrepreneurs of the Republic of Kazakhstan and accredited associations of subjects of private entrepreneurship are not put in case of non-presentation them at the scheduled time.

6) recommendations of public council if the draft of the resolution affects the rights, freedoms and obligations of citizens, except as specified, when creation of public council in state body "About public councils" is not provided by the Law of the Republic of Kazakhstan.

In case of disagreement with recommendations, the state body developer of the project shall give the reasoned reasons for the reasons of disagreement. Recommendations of public council are not put in case of non-presentation them at the scheduled time.

7) the expert opinion by results of the carried-out scientific project appraisal of the international treaty or to the international treaty which participant the Republic of Kazakhstan intends to become in case according to the legislation of the Republic of Kazakhstan conducting scientific examination is obligatory;

8) the conclusions of other state bodies (the protocol of disagreements, and also meeting minutes, the mutually acceptable decision passed for the purpose of search in notes of the approving state body) according to Section 4.2. these Regulations;

9) copies of orders (protocols, etc.) in pursuance of which the draft of the resolution is developed;

10) leaf of coordination (in form according to appendix 2 to these Regulations), in cases when the draft of the resolution for consideration of the Majilis of Parliament and the President introduces bills and drafts of decrees. At the same time the leaf of coordination to the bill or the draft of the Decree is on paper vised by the first heads of state bodies;

11) the legal decision of the Interdepartmental commission on questions of regulation of business activity under the Government of the Republic of Kazakhstan and the conclusion of authorized body on entrepreneurship about observance of the established procedures by regulatory state agencies, and also analysis results of regulatory impact if according to the draft of the resolution the analysis of regulatory impact according to the Entrepreneurial code of the Republic of Kazakhstan was carried out.

To the drafts of resolutions attracting reducing receipts or increase in expenses republican and local budgets and (or) National fund of the Republic of Kazakhstan (further - National fund), the conclusions of the Republican budget commission are put.

20. In the presence in the draft of the resolution of references to the international agreements or other documents (except legal acts, acts of the President, the Government and the Prime Minister) the developer to the project without fail attaches these documents in format * by PDF on state, Russian and other languages of signing (having priority in case of discrepancies), officially received from the Ministry of Foreign Affairs.

Section 2.4. Preliminary verification of drafts of the orders of the Government

21. The drafts of the orders of the Government introduced to Office are accepted by the sector on release of government decisions in electronic (on IP GUO) or paper format (form) on environments from 9:00 till 18:00 o'clock and are transferred to preliminary check to Legal department and Inspection department and documentary providing (further - OKDO).

Drafts of the orders of the Government, are accepted and are directly transferred to structural divisions, passing the procedure of preliminary check, directed on:

1) amending the Plan of bill works of the Government;

2) humanitarian assistance;

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