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LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2000 No. 107-II

About ministerial procedures

(as amended on 02-01-2021)

This Law is directed to establishment of the ministerial procedures promoting enhancement of the organization of management activity, ensuring smooth functioning of state bodies, operational acceptance of management decisions, observance of the rights and freedoms of citizens, protection of state interests, non-admission of use by government employees of ex-officio full powers in the off-duty purposes.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

1. Are understood as ministerial procedures:

1) procedure for acceptance and execution of decisions when implementing by state bodies and officials of the state functions and ex-officio full powers and their registration, including electronically;

2) procedure of the organization of work of the state apparatus;

3) procedures of consideration of addresses of citizens for realization of their rights, and also procedures of administrative protection of the rights and legitimate interests of citizens;

4) the main beginnings of procedures of decision making in the field of economy.

1-1. Office information is understood as the information created, processed and transferred in case of accomplishment of the state functions, the owner, the owner or the user of which is the state.

2. State bodies are understood as the public institutions authorized by the Constitution, the laws, other regulatory legal acts on implementation on behalf of the state of functions on:

1) to the publication of the acts determining obligatory rules of conduct;

2) to management and regulation of the socially important public relations;

3) to control of observance of the obligatory rules of conduct established by the state.

2-1. Competence of state body is understood as set of the established powers of state body determining subject of its activities;

powers of state body are understood as the rights and obligations of state body;

the rights of state body are understood as opportunity to make certain actions, to demand certain behavior (actions or abstention from making of actions) from other person (other persons);

obligations of state body are understood as circle of actions which accomplishment is obligatory state body;

tasks of state body are understood as the main activities of state body;

functions of state body are understood as implementation of activities by state body within the competence.

Competence, powers, functions and tasks of state body are established in the Constitution, the laws and other regulatory legal acts adopted by the President, the Government, higher central state body in relation to it.

2-2. No. 89-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.04.2013

2-3. No. 89-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.04.2013

2-4. It is excluded

Items 2-5 - 2-10 are excluded according to the Law of the Republic of Kazakhstan of 15.04.2013 No. 89-V ZRK

2-11. Form of data - the document in the electronic or other form established by the legislation of the Republic of Kazakhstan containing information on compliance to requirements imposed when rendering the state services.

2-12. Internal control - the control exercised by state body behind execution by its structural and territorial subdivisions, subordinated state bodies and organizations, officials of the decisions made by state body and also requirements of the legislation of the Republic of Kazakhstan.

2-13. The competitive environment is understood as subjects of the market, except for subjects of the quasi-public sector.

2-14. The authorized body in the sphere of development of system of public administration is understood as the central executive body performing management and cross-industry coordination on transfer of function of the central and (or) local executive bodies in competitive environment.

2-15. Contractors of functions of the central and (or) local executive bodies (further - contractors) are understood as subjects of entrepreneurship and their consolidation, the self-regulatory and non-governmental organizations performing functions of the central and (or) local executive bodies according to the procedure, established by this Law.

2-16. Users of functions of the central and (or) local executive bodies (further - users) are understood as physical persons and legal entities.

2-17. Outsourcing of functions of the central and (or) local executive bodies (further - outsourcing) is understood as transfer to competitive environment of functions of the central and (or) local executive bodies for their implementation by the conclusion of agreements.

2-18. Monitoring of the transferred functions of the central and (or) local executive bodies (further - monitoring) is understood as set of the actions directed to systematic and continuous collection, processing, the analysis and assessment of the functions of the central and (or) local executive bodies transferred to competitive environment this on implementation.

2-19. Interested persons are understood as subjects of entrepreneurship and their consolidation which self-regulatory and non-governmental organizations, the rights and obligations are mentioned in this Law and which, according to the central and (or) local executive bodies, are capable to render assistance concerning transfer of their functions to competitive environment.

2-20. Complete transfer of function of the central and (or) local executive bodies is understood as exception of competence of the central and (or) local executive bodies of functions and transfer of their implementation to competitive environment by the self-regulation based on obligatory membership (participation) or at the expense of users.

Partial transfer of function of the central and (or) local executive bodies is understood as implementation of functions of the central and (or) local executive bodies by outsourcing, the state task and (or) the state social order. At the same time function is not excluded from competence of the central and (or) local executive bodies.

2-21. Optimization is understood as package of measures, directed to reducing the number of staff, reducing and (or) expense reallocation of the central and (or) local executive bodies, connected including with transfer of function in competitive environment.

3. Officials in this Law are understood as persons, is permanent, temporary or on special power the performing state functions (function of the public agent) or the performing organizational and administrative or administrative functions in state bodies.

Owing to requirements of the Constitution, the laws and other regulatory legal acts officials can perform the functions assigned to them:

1) on behalf of the specific official of the state according to the procedure of individual rasporyaditelstvo;

2) on behalf of specific state body and its structural divisions according to the procedure of individual rasporyaditelstvo or in joint procedure depending on stipulated by the legislation procedure for decision making in specific state body.

4.  No. 203-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 16.05.2014

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