ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of June 25, 2018 No. 136-OD

About approval of provisions of territorial subdivisions of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan

According to the order of the Government of the Republic of Kazakhstan of February 17, 2017 No. 71 "About some questions of the Ministries of Health and national economy of the Republic of Kazakhstan" and based on the subitem 5) Item 19 of the Regulations on Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan (further - Committee) approved by the order of the Responsible secretary of the Ministry of Health of the Republic of Kazakhstan of March 6, 2017 No. 56, and also according to Item 2.4.3. minutes of Council for the state audit and risks of the Ministry of Health of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations on republican public institution "Department of protection of public health of Akmola area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 1 to this order;

2) Regulations on republican public institution "Department of protection of public health of the Aktyubinsk region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 2 to this order;

3) Regulations on republican public institution "Department of protection of public health of Almaty region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 3 to this order;

4) Regulations on republican public institution "Department of protection of public health of Atyrau area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 4 to this order;

5) Regulations on republican public institution "Department of protection of public health of the East Kazakhstan region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 5 to this order;

6) Regulations on republican public institution "Department of protection of public health of Jambyl area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 6 to this order;

7) Regulations on republican public institution "Department of protection of public health of the West Kazakhstan region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 7 to this order;

8) Regulations on republican public institution "Department of protection of public health of the Karaganda region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 8 to this order;

9) Regulations on republican public institution "Department of protection of public health of the Kostanay region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 9 to this order;

10) Regulations on republican public institution "Department of protection of public health of Kyzylorda area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 10 to this order;

11) Regulations on republican public institution "Department of protection of public health of the Pavlodar region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 11 to this order;

12) Regulations on republican public institution "Department of protection of public health of Mangystau Region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 12 to this order;

13) Regulations on republican public institution "Department of protection of public health of the North Kazakhstan area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 13 to this order;

14)  No. 188-OD is excluded according to the Order of the Acting Chairman of Committee of protection of public health of the Ministry of Health of 17.10.2018;

15) Regulations on republican public institution "Department of protection of public health of the city of Astana of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 15 to this order;

16) Regulations on republican public institution "Department of protection of public health of the city of Almaty of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 16 to this order;

17)  No. 188-OD is excluded according to the Order of the Acting Chairman of Committee of protection of public health of the Ministry of Health of 17.10.2018;

18) Regulations on republican public institution "Department of protection of public health on transport of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" according to appendix 18 to this order.

2. To provide to management of legal service of Committee in the procedure for the Republic of Kazakhstan established by the legislation:

1) within ten calendar days from the date of approval of this order the direction it the copy on paper and in electronic to form in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan.

3. This order becomes effective from the date of its signing.

Appendix 1

to the Order of the Chairman of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan of June 25, 2018 No. 136-OD

Regulations on republican public institution "Department of protection of public health of Akmola area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan"

Chapter 1. General provisions

1. Republican public institution "Department of protection of public health of Akmola area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" (further - Department) is the territorial subdivision of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan (further - Committee) performing within the competence management and regulation in spheres of protection of public health, sanitary and epidemiologic wellbeing of the population and control of quality of medical services, control and supervision of observance of the requirements established by technical regulations and regulating documents on products and services realized to the population, in the field of safety of food products and production of organic products, and also standards in the field of health care (further - the regulated sphere), performing cross-industry coordination, regulating, realizable and control and supervising functions in the corresponding territory.

The department has territorial subdivisions - managements of protection of public health of the respective area, the city (the district of the city).

2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury.

4. The department enters the civil relations from own name and on behalf of Committee if he is authorized on it.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.

7. The structure and limit of the number of staff of Department affirm according to the current legislation.

8. Legal address of Department: 020000, Republic of Kazakhstan, Akmola area, city of Kokshetau, Ulitsa Kenesary 14-A.

9. Full name of state body - republican public institution "Department of protection of public health of Akmola area of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of state body.

If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

Chapter 2. Main objectives, functions, rights and obligations of Department

13. Tasks:

1) realization of state policy, implementation of cross-industry coordination and public administration in the regulated sphere in the corresponding territory;

2) quality assurance and availability of the state services in spheres of medical activities, sanitary and epidemiologic wellbeing of the population in the corresponding territory;

3) implementation of regulating, realizable and control and supervising functions concerning protection of public health, sanitary and epidemiologic wellbeing of the population, control of quality of medical services in the corresponding territory;

4) implementation of other tasks assigned to Department within the competence.

14. Functions:

1) realization of state policy in the regulated sphere in the corresponding territory;

2) participation in development within the competence of regulatory legal acts, forms of accounting and reporting documentation of the regulated sphere;

3) implementation of the state sanitary and epidemiologic control and supervision in the corresponding territory of the Republic of Kazakhstan;

4) carrying out sanitary and epidemiologic monitoring in the sphere of sanitary and epidemiologic wellbeing of the population;

5) coordination of organization activity of health care, performing activities in the regulated sphere in the corresponding territory;

6) ensuring departmental statistical observation in the sphere of sanitary and epidemiologic wellbeing of the population;

7) ensuring functioning of electronic information resources and information systems, information and communication networks in the sphere of sanitary and epidemiologic wellbeing of the population, the organization of access of physical persons and legal entities to them according to the legislation of the Republic of Kazakhstan on informatization;

8) interaction with state bodies, with physical persons and legal entities, non-governmental organizations, the international organizations, public associations of consumers on questions in the regulated sphere;

9) issue and withdrawal of the certificate on assignment of qualification category for specialists in the field of health care, and also for specialists in the sphere of sanitary and epidemiologic wellbeing of the population;

10) introduction of restrictive actions, including quarantine, with special conditions of economic and (or) other activity and life of the population in the corresponding territory;

11) consideration of appeals of physical persons and legal entities concerning entering competence of Department;

12) the organization and carrying out within the competence of sanitary and anti-epidemic and sanitary and preventive actions in case of food poisonings, infectious, parasitic and other diseases;

13) rendering the state services in regulated spheres, according to the approved standards with issue of allowing documents, suspension of their action, and also deprivation (response) according to the legislation of the Republic of Kazakhstan;

14) implementation of epidemiological control of infectious and parasitic diseases in the corresponding territory;

15) control and supervision in the corresponding territory of observance of the requirements established by technical regulations and regulating documents on products and services, implementable consumers and also in the field of safety of food products at stage of its realization;

16) safety of the food products which are subject to sanitary and epidemiological surveillance at stages of its production (production), turnover, utilization and destruction;

17) ensuring compliance with the laws and other regulatory legal acts of the Republic of Kazakhstan within the competence;

18) general organization, coordination and control of activities of territorial subdivisions of Department;

19) participation in the organization and holding republican and regional seminars, scientific and practical conferences on questions in the regulated sphere;

20) implementation of acceptance of notifications on the beginning or the termination of implementation of activities in the sphere of sanitary and epidemiologic wellbeing of the population according to the procedure provided by the Law of the Republic of Kazakhstan "About permissions and notifications";

21) adoption of acts of the established violations of requirements of the legislation of the Republic of Kazakhstan;

22) implementation of monitoring of safety of products;

23) excitement and hearing of cases about administrative offenses according to the Code of the Republic of Kazakhstan "About administrative offenses";

24) organization and conducting external examination of quality of medical services;

25) implementation of the state control of activities of subjects of health care, including behind observance of standards in the field of health care, rules of licensing on occupation medical activities, and also notifying procedure in the field of health care;

26) control of activities of subjects of rendering services of traditional medicine, traditional medicine (healing);

27) participation in carrying out the state certification of the organizations of education in the field of health care;

28) implementation of other functions provided by the Code of the Republic of Kazakhstan "About health of the people and health care system", the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.

15. Rights and obligations of Department:

1) to forbid import, production application and realization in the corresponding territory of products, held for use and applications by the population, and also in business and (or) other activity;

2) to stop or forbid applications of products of baby food, food and dietary supplements to food, genetically modified objects, materials and products contacting to water and food, chemicals, the separate types of products and substances making harmful effects on health of the person;

To cause 3) in bodies in the sphere of sanitary and epidemiologic wellbeing of the population and quality control of medical services physical, officials, legal representatives of legal entities for consideration of the facts of violation of the law of the Republic of Kazakhstan within the competence;

4) to issue decrees on temporary discharge from work of the persons which are belonging to dekretirovanny national groups, being source of infectious and parasitic diseases, and also who timely did not have obligatory medical examinations before the receipt of result of laboratory research and the conclusion of the specialist confirming complete sanitation and passing of obligatory medical examination;

5) to establish restrictive actions, including quarantine on separate objects, according to the procedure, determined by state body in the sphere sanitarno - epidemiological wellbeing of the population;

6) to direct the persons which are potential sources of spread of infectious and parasitic diseases, and also being in contact with infectious patients on physical examination with their discharge from work before receipt of results of the laboratory inspection confirming complete sanitation;

To direct 7) according to indications to hospitalization of persons which are sources of infectious and parasitic diseases;

8) to require performing obligatory vaccination of the population, preventive and focal disinfection, disinsection and deratization in rooms and on vehicles, the territories, in the centers of infectious and parasitic diseases;

9) to stop activities before elimination of violations of regulatory legal acts in the regulated sphere according to the legislation of the Republic of Kazakhstan on administrative offenses;

10) to forbid productions, application and realization of new types of raw materials, products, chemicals, processing equipment, mechanisms, processes, tools, in case of recognition their life-threatening and human health;

11) for conducting sanitary and epidemiologic examination to request the materials necessary for studying of impact assessment of object of examination on the environment and health of the population, and also to remove tests and to make sampling of products in the quantities sufficient and not exceeding necessary amounts for its carrying out, without compensation of cost of these products;

12) to establish sanitary protection zones and to change their sizes;

13) to make investigations of violations of the law in the regulated sphere;

14) to involve specialists of the organizations of health care in implementation of sanitary and anti-epidemic and sanitary and preventive actions in case of infectious and parasitic diseases, population poisonings;

15) for decision making about the established violations of requirements of the legislation of the Republic of Kazakhstan to issue instructions, decrees and other acts according to the legislation;

16) to provide timely rendering the state services, issue of allowing documents, suspension of their action, and also deprivation (response), consideration of appeals of physical persons and legal entities by Department and its territorial subdivisions;

17) to provide timely submission to higher, controlling both other state bodies, and local government bodies of information, data, to the statistical and departmental reporting;

18) to provide observance by officials of requirements of the legislation regulating activities of Department, the anti-corruption legislation, legislation on public service, the Ethical code of government employees;

19) to give practical and methodical help to territorial subdivisions in the regulated sphere;

20) not to disclose information, component commercial, office, other, protected by the law, the secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

21) to keep financial accounting and to create the financial reporting;

22) introduction of offers on the organization and carrying out advanced training and retraining of personnel in the regulated sphere;

23) to perform other rights and obligations, stipulated by the legislation the Republic of Kazakhstan.

Chapter 3. Organization of activities of Department

16. Management of Department is performed of the Head of Department who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.

17. The head of Department is appointed to position and dismissed according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

18. The head of Department has deputies who are appointed to positions and are dismissed according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

19. Powers of the Head of Department:

1) according to the legislation of the Republic of Kazakhstan appoints to positions and dismisses employees of Department and its territorial subdivisions, and also makes the offer on position assignment, or on dismissal of heads and deputies of territorial subdivisions of Department in Committee;

2) according to regulatory legal acts of the Republic of Kazakhstan resolves issues of provision of leaves, encouragement, rendering financial support, payment of allowances, awarding and sending of employees of Department and its territorial subdivisions, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

3) in the procedure established by the legislation of the Republic of Kazakhstan, imposes authority punishments on employees of Department and its territorial subdivisions;

4) determines obligations, powers and responsibility of employees of Department and its territorial subdivisions, except for workers whose questions of employment relationships are carried to competence of higher state bodies, and also approves their job descriptions;

5) signs orders on the questions entering its competence;

6) is represented by Department in state bodies and other organizations;

7) announces competition on occupation of vacant positions of Department and its territorial subdivisions, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

8) takes the measures directed to anti-corruption;

9) performs other powers according to the legislation of the Republic of Kazakhstan.

Execution of powers of the Head of Department in the period of its absence is performed by person replacing it according to the legislation of the Republic of Kazakhstan.

Chapter 4. Property of Department

20. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation the Republic of Kazakhstan.

21. The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

22. The property assigned to Department belongs to republican property.

23. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 5. Reorganization and abolition of Department

24. Reorganization and abolition of Department are performed according to the legislation of the Republic of Kazakhstan.

Appendix 2

to the Order of the Chairman of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan of June 25, 2018 No. 136-OD

Regulations on republican public institution "Department of protection of public health of the Aktyubinsk region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan"

Chapter 1. General provisions

1. Republican public institution "Department of protection of public health of the Aktyubinsk region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan" (further - Department) is the territorial subdivision of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan (further - Committee) performing within the competence management and regulation in spheres of protection of public health, sanitary and epidemiologic wellbeing of the population and control of quality of medical services, control and supervision of observance of the requirements established by technical regulations and regulating documents on products and services realized to the population, in the field of safety of food products and production of organic products, and also standards in the field of health care (further - the regulated sphere), performing cross-industry coordination, regulating, realizable and control and supervising functions in the corresponding territory.

The department has territorial subdivisions - managements of protection of public health of the respective area, the city (the district of the city).

2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury.

4. The department enters the civil relations from own name and on behalf of Committee if he is authorized on it.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.

7. The structure and limit of the number of staff of Department affirm according to the current legislation.

8. Legal address of Department: 030012, Republic of Kazakhstan, Aktyubinsk region, city of Aktobe, Prospekt Sankibay of the batyr 1.

9. Full name of state body - republican public institution "Department of protection of public health of the Aktyubinsk region of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of state body.

If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

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