LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 23, 2001 No. 148-II

About local public administration and self-government in the Republic of Kazakhstan

This Law according to the Constitution of the Republic of Kazakhstan governs the public relations in the field of local public administration and self-government, determines competence, the organization, procedure for activities of local representative and executive bodies, and also legal status of deputies of maslikhats.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the akim - the representative of the President and the Government of the Republic of Kazakhstan heading local executive body (in case of its creation) and providing carrying out state policy in the corresponding territory, the approved functioning of all territorial subdivisions of the central state bodies of the Republic of Kazakhstan, management of the executive bodies financed from the relevant budget, given authority of local public administration and functions of self-government according to the legislation of the Republic of Kazakhstan, responsible for condition of social and economic development of the corresponding territory;

2) the office of the akim - the public institution providing activities of local executive body (in case of its creation), the akim and performing other functions, stipulated by the legislation the Republic of Kazakhstan;

3) the scheme of management of administrative and territorial unit - system of the executive bodies located in the corresponding territory, financed from the budget of the corresponding administrative and territorial unit;

3-1) social infrastructure - set of the legal entities who are functionally providing normal activity of the settlement whom treat: subjects to welfare appointment, housing and communal services, organizations of health care systems, educations, preschool education; the organizations connected with rest and leisure; retail trade, public catering, service industry, sports organizations; the organizations making and providing to the population utilities;

3-2) prevention of emergency situations of social nature - complex of the legal, economic, social, organizational, educational, propaganda and other measures performed within competence by the state and local executive bodies on identification, studying, elimination of the reasons and conditions promoting emergence of emergency situations of social nature;

4) local executive body (akimat) - the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

5) the executive body financed from the local budget, the public institution authorized by akimat on the implementation of separate functions of local public administration and self-government financed from the corresponding local budgets;

6) local community - set of inhabitants (members of local community) living in the territory of the corresponding administrative and territorial unit in which borders local self-government is performed its bodies are created and function;

6-1) meeting of local community - participation of the representatives of local community delegated by descent of local community in the solution of the current questions of local value in the limits and procedure determined by this Law;

6-2) descent of local community - direct participation of inhabitants (members of local community) in the solution of the most important issues of local value in the limits and procedure determined by this Law;

7) questions of local value - questions of activities of area, area, city, area in the city, the rural district, the settlement and the village which is not part of the rural district which regulation according to this Law and other legal acts of the Republic of Kazakhstan is connected with providing the rights and legitimate interests of most of inhabitants of the corresponding administrative and territorial unit;

8) local public administration - the activities performed by local representative and executive bodies for the purpose of carrying out state policy in the corresponding territory, its developments within the competence determined by this Law and other legal acts of the Republic of Kazakhstan, and also being responsible for the state of affairs in the corresponding territory;

9) local self-government - the activities performed by the population is direct, and also through maslikhats and other local government bodies, directed to the independent solution of questions of local value under the responsibility, according to the procedure, determined by this Law, other regulatory legal acts;

9-1) authorized body concerning development of local self-government - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the sphere of development of local self-government;

9-2) territorial council of local self-government - the advisory advisory body under akimat of the city of republican value, the capital, city of regional value concerning interaction of the akim of the city with the population formed in borders of one or several constituencies at elections of deputies of city maslikhat;

10) local government bodies - bodies to which according to this Law functions according to the solution of questions of local value are assigned;

11) local representative body (maslikhat) - the elected body elected by the population of area, city of republican value and the capital or area (city of regional value), expressing will of the population and according to the legislation of the Republic of Kazakhstan, determining the measures necessary for its realization, and controlling their implementation;

12) the office of maslikhat - the public institution providing activities of the relevant maslikhat, its bodies and deputies;

13) the session of maslikhat - the main form of activities of maslikhat;

14) it is excluded;

15) territorial subdivision of the central state body - the structural division of the central executive body performing within the corresponding administrative and territorial unit of function of the central executive body.

Article 2. Legislation of the Republic of Kazakhstan on local public administration and self-government

1. The legislation of the Republic of Kazakhstan on local public administration and self-government is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. This Law is applied in the territory of the city of Almaty and the capital in the part which is not contradicting the legislation of the Republic of Kazakhstan on special status of the city of Almaty and the status of the capital.

Article 2-1. Bases of the organization of local self-government

1. Local self-government is performed separately within the area, the area, the city, the area in the city, the rural district, the settlement and the village which is not part of the rural district.

2. Local self-government is performed by members of local community directly, and also through maslikhats and other local government bodies.

The akim of area, area, city, area in the city, the rural district, the settlement and the village which is not part of the rural district along with functions of public administration performs functions of local government bodies.

3. Form of activities of local community are the descent of local community and meeting of local community.

Article 3. Economic and financial basis of activities of local public administration and self-government

1. The economic and financial basis of activities of local public administration and self-government is constituted:

1) local budget;

2) the property assigned to municipal legal entities;

3) other property which is in municipal property according to the legislation of the Republic of Kazakhstan.

2. No. 90-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017.

3.  No. 90-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017.

Article 4. The main requirements and restrictions set for maslikhats, akims and akimats

1. Maslikhats and akimats in the activities shall:

1) not to allow decision making, not corresponding to the main directions of domestic and foreign policy;

2) to observe interests of the Republic of Kazakhstan in ensuring national security;

3) to adhere to the nation-wide standards established in socially significant fields of activity;

4) to provide observance of the rights and legitimate interests of citizens.

2. Maslikhats and akimats are forbidden to make the decisions interfering forming of the single labor market, capital, finance, free exchange of goods and services within the Republic of Kazakhstan.

3. The development plans for the territories accepted by maslikhats and akimats shall correspond to strategic plans of development of the Republic of Kazakhstan.

4. Akims and their deputies have no right to hold positions in branches and representative offices of political parties.

If at the time of appointment or election akims and their deputies hold positions in branches and representative offices of political parties, they shall exempt the specified positions within ten days from the date of appointment or election.

4-1. The requirements specified in item 4 of this Article extend also to heads of offices of akims of areas, cities of republican value and the capital.

If at the time of appointment heads of offices of akims of areas, cities of republican value and the capital hold positions in branches and representative offices of political parties, they shall exempt the specified positions within ten days from the date of appointment.

Chapter 2. Education, competence and organization of activities of maslikhats

Article 5. Procedure for formation of maslikhats

1. Maslikhats are elected the population of the corresponding administrative and territorial units on the basis of general, equal, direct suffrage in case of secret vote for a period of five years.

2. The citizen of the Republic of Kazakhstan who reached twenty years can be elected the deputy of maslikhat. The citizen of the Republic of Kazakhstan can be the deputy only of one maslikhat.

3. The number of deputies of the relevant maslikhat for carrying out regular elections of deputies of maslikhat is determined by Central Election Commission of the Republic of Kazakhstan in the following limits: in regional maslikhat, maslikhats of the cities of republican value and the capital to fifty; city maslikhat - to thirty; in district maslikhat - to twenty five.

4. The maslikhat is considered competent on condition of election at least three quarters of the total number of his deputies determined by Central Election Commission of the Republic of Kazakhstan.

5. Elections of deputies of maslikhats are regulated by the legislation of the Republic of Kazakhstan on elections.

6. Powers of maslikhat begin with the moment of opening of the first session and come to an end from the beginning of work of the first session of maslikhat of new convocation.

7. In cases of change of borders (accession, merge) and transformations of administrative and territorial unit deputies of maslikhat keep the powers and are deputies of the reorganized maslikhats prior to work of session of newly elected maslikhat.

In case of change of borders of administrative and territorial unit by allocation or separation:

1) deputies of maslikhat, the elite on territorial constituencies, are divided proceeding from their belonging to constituencies;

2) deputies of maslikhat, the elite from political parties according to party lists, are divided according to the decision of maslikhat taking into account opinion of the relevant political party in proportion to population of again formed administrative and territorial units.

In case of abolition of administrative and territorial unit the relevant maslikhat is abolished.

8. The maslikhat has no rights of the legal entity.

Article 6. Competence of maslikhats

1. Is within the competence of maslikhats:

1) approval of plans, economic and social development programs of the corresponding territory, the local budget and reports on their execution, including approval of the budget programs realized by akims of the area in the city (separately on each area in the city);

2) the subitem 2) of Item 1 of Article 6 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

3) approval on representation of the akim of the scheme of management of the administrative and territorial unit created on the basis of the basic structures of local public administration approved by the Government of the Republic of Kazakhstan if other is not provided by the laws of the Republic of Kazakhstan;

4) the solution of the questions of the local administrative-territorial device carried to their maintaining;

4-1) approval of rules of preparation and carrying out heating season;

4-2) approval of rules of improvement of the territories of the cities and settlements;

4-3) approval of rules of creation, contents and protection of green plantings;

4-4) approval of the actions aimed at the development and functioning of the organizations of health care, including the organizations providing medical care to persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system;

4-5) approval of regional symbolics;

5) coordination by the decision of session of maslikhat of staff of the relevant akimat on representation of the akim;

5-1)  No. 180-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.07.2018;

6) consideration of reports of heads of executive bodies and entering into relevant organs of ideas of accountability of officials of state bodies, and also organizations for failure to carry out of decisions of maslikhat;

6-1) it is excluded according to the Law of the Republic of Kazakhstan of 12.07.2018 No. 180-VI ZRK;

7) No. 452-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.07.2011

7-1) election according to the legal act of the Republic of Kazakhstan for elections of members territorial and precinct election commissions by holding secret or open voting;

8) according to the Law of the Republic of Kazakhstan of 27.04.2012 No. 15-V ZRK

9) control of execution of the local budget, development programs of the territories;

9-1) consideration of the annual statement about budget implementation of audit committees of areas, cities of republican value, the capital;

9-2) entering of offers into audit committees of areas, the cities of republican value, the capitals for inclusion of objects of the state audit and financial control in the work plan of audit committees;

10) formation of the permanent commissions and other bodies of maslikhat, hearing of reports on their activities, the solution of other questions connected with the organization of work of maslikhat;

10-1) implementation of organizational support of activities of Public council;

11) the subitem 11) of Item 1 of Article 6 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

12) approval on representation of the akim of staff of advisory advisory bodies under akimat concerning interdepartmental nature;

12-1) assignment on representation of the akim of rank "Honorary Citizen of Area (City, Area)";

12-2) approval of the rules of assignment of rank "Honorary Citizen of Area (City, Area)" developed and provided by akimat of area, city of republican value, the capital;

12-3) development and approval of regulations on rewarding with the Certificate of honor of area (city, area);

13) implementation of regulation of land relations according to the land legislation of the Republic of Kazakhstan;

14) assistance to execution by citizens and organizations of regulations of the Constitution of the Republic of Kazakhstan, laws, acts of the President and Government of the Republic of Kazakhstan, regulatory legal acts of the central and local state bodies;

14-1) approval of key target indicators on strengthening of institute of scrap and family, social and economic support, identification and the organization of rendering full support to persons (families) which are in difficult life situation within competence of state bodies.

15) implementation according to the legislation of the Republic of Kazakhstan of other powers on providing the rights and legitimate interests of citizens.

2. To competence regional, the cities of republican value and the capital of maslikhats also entering of ideas of approval of the scheme of the district layout of area, the draft of the master plan of building of the regional center, the city of republican value and the capital into the Government of the Republic of Kazakhstan, approval of drafts of the district layout of administrative areas, master plans of building of the cities regional (except the regional centers) and district value and determination of system of measures of social support of separate categories of citizens, including the health workers working and living in rural settlements stipulated by the legislation the Republic of Kazakhstan belongs.

2-1. Appointment to positions of the chairman and members of audit committee of area, city of republican value, the capital for five years, and also release them from positions according to the legislation of the Republic of Kazakhstan on the state audit and financial control belongs to competence of maslikhat of area, city of republican value, the capital.

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