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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 31, 2021 No. 55

About some questions of transfer of the state functions to competitive environment

According to subitems 3), 4), 5), 6), 7), 8) Article 56 of the Administrative procedural Procedure Code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve:

1) Rules of transfer of function of the central and (or) local executive bodies in competitive environment according to appendix 1 to this order;

2) Rules of implementation of outsourcing of functions of the central and (or) local executive bodies according to appendix 2 to this order;

3) the Technique of selection of functions of the central and (or) local executive bodies for transfer to competitive environment according to appendix 3 to this order;

4) the Technique of cost determination of the function of the central and (or) local executive bodies offered for transfer to competitive environment according to appendix 4 to this order;

5) the Method of carrying out the analysis of readiness of the market of the functions of the central and (or) local executive bodies offered for transfer to competitive environment according to appendix 5 to this order;

6) Rules of carrying out monitoring of implementation of functions of the central and (or) local executive bodies transferred to competitive environment according to appendix 6 to this order.

2. Declare invalid the order of the Minister of national economy of July 29, 2019 No. 70 "About some questions of transfer of the state functions to competitive environment" (it is registered in the Register of state registration of regulatory legal acts for No. 19130).

3. Procedure to provide to development department of system of public administration in the established legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2021 and is subject to official publication.

Minister of national economy of the Republic of Kazakhstan

A. Irgaliyev

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of May 31, 2021 No. 55

Rules of transfer of function of the central and (or) local executive bodies in competitive environment

Chapter 1. General provisions

1. These rules of transfer of function of the central and (or) local executive bodies in competitive environment (further - Rules) are developed according to the subitem 4) of Article 56 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - the Code) and determine procedure for transfer of function of the central and (or) local executive bodies in competitive environment.

2. In these rules the following basic concepts are used:

1) competitive environment - subjects of the market, except for subjects of the quasi-public sector;

2) authorized body in the sphere of development of system of public administration (further - authorized body) - 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;

3) interested persons - subjects of entrepreneurship and their consolidation which self-regulatory and non-governmental organizations, the rights and obligations are mentioned in the Code;

4) optimization - 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;

5) users of functions - physical persons and legal entities.

3. Functions of the central and (or) local executive bodies are transferred to competitive environment on annual basis based on decisions of the Commission on questions of transfer of function of the central and (or) local executive bodies in competitive environment (further - the Commission) in case of readiness of the market in the presence:

1) corresponding order of the President of the Republic of Kazakhstan, Prime Minister of the Republic of Kazakhstan or his deputies;

2) petitions of the first head of state body.

4. Transfer of function of the central and (or) local executive bodies in competitive environment is performed in the way:

1) outsourcing;

2) state task;

3) state social order;

4) transfers at the expense of users;

5) introductions of the self-regulation based on obligatory membership (participation).

5. By partial transfer of function central and (or) local executive body by means of outsourcing, the state task and the state social order, data of function from their competence are not excluded.

6. Functions of the central and (or) local executive bodies are transferred to competitive environment for their implementation by outsourcing according to the legislation of the Republic of Kazakhstan on public procurements.

7. Functions of the central executive bodies are transferred in competitive environment by the state task according to the procedure for development and accomplishment of the state task established by the budget legislation of the Republic of Kazakhstan.

8. Transfer of function of the central and (or) local executive bodies in competitive environment by the state social order is performed according to the legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan.

9. Functions of the central and (or) local executive bodies are transferred to competitive environment by exception of functions of competence of the central and (or) local executive bodies except for transferred by means of outsourcing, the state task and the state social order and performed at the expense of users.

10. Transfer of function of the central and (or) local executive bodies in the self-regulatory organizations based on obligatory membership (participation) in the sphere of business or professional activity is provided after confirmation of readiness of self-regulatory organizations.

Readiness of the self-regulatory organizations based on obligatory membership (participation) for implementation of functions of the central and (or) local executive bodies is provided by carrying out the analysis of regulatory impact for the purpose of determination of benefits and costs for users, contractors of functions of the central and (or) local executive bodies and the state.

11. To transfer to competitive environment functions of the central and (or) local executive bodies, except for the functions directed to protection of the constitutional system, protection of public order, human rights and freedoms, health and morality of the population on implementation of capital export, the highest supervision, pre-judicial criminal proceeding, operational search activities, justice, and also in spheres of homeland, information security, protection of the state secrets, defenses, migrations, the state statistics and other functions which transfer can cause damage to interests of the state are considered.

Chapter 2. Procedure for transfer of function of the central and (or) local executive bodies in competitive environment

12. For transfer of function in competitive environment the central and (or) local executive body approves the working plan for transfer of function of the central and (or) local executive body in competitive environment, and also with participation of National chamber of entrepreneurs of the Republic of Kazakhstan:

1) makes selection of functions of the central and (or) local executive body for transfer to competitive environment according to the Technique of selection of functions of the central and (or) local executive bodies for the transfer to competitive environment approved by authorized body according to the subitem 5) of article 56 of the Code (further - the Technique);

2) is carried out by the analysis of readiness of the market according to the Method of carrying out the analysis of readiness of the market of the functions of the central and (or) local executive bodies offered for transfer to competitive environment of article 56 of the Code approved by authorized body according to the subitem 7) (further - the Technique of AGR).

13. Following the results of selection of functions central and (or) local the executive body creates the list of the functions offered for transfer to competitive environment (further - the list of functions), and fills in the passport on each function (further - the passport of function), in form according to appendix 21 to the Method of carrying out industry (departmental) functional reviews of the activities of state bodies approved by the order of the Minister of national economy of February 27, 2017 No. 84 (it is registered in the Register of state registration of regulatory legal acts for No. 14941).

14. When filling passports of functions the cost of this function according to the Technique of cost determination of the function of the central and (or) local executive body offered for the transfer to competitive environment approved by authorized body according to the subitem 6) of article 56 of the Code is determined (further - function cost determination Technique).

15. The list of functions and the passport of functions annually no later than February tenth are sent for consideration in authorized body.

16. The authorized body within thirty calendar days from the date of receipt of the list of functions and passports of the functions directed till February tenth of the current year holds working consultations with the interested state bodies regarding feasibility of transfer of function in competitive environment and in case of need requests the additional information from the central and (or) local executive body.

17. By results of the held working consultations the authorized body develops recommendations and sends them to the central and (or) local executive body for completion of the list of functions and passports of functions.

18. From the date of receipt of recommendations of authorized body, the central and (or) local executive body within ten working days finishes the list of functions and the passport of functions, and repeatedly sends them to authorized body.

19. After coordination by authorized body and National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken of the list of functions and passports of functions in the form of the official letter, the central and (or) local executive body begins to carry out the analysis of readiness of the market according to the Technique of AGR.

20. After completion of the procedure of the analysis of readiness of the market the central and (or) local executive body directs to authorized body all materials, including the list of functions brought into accord with the analysis of readiness of the market and pasporta of functions for removal at consideration of the Commission.

21. The authorized body prepares the conclusion according to the list of the functions offered to transfer to competitive environment in form according to appendix to these rules and submits materials for consideration of the Commission.

22. The commission checks the list of functions for compliance to the legislation of the Republic of Kazakhstan, and also considers questions:

1) feasibility of transfer of the state functions to competitive environment;

2) expense optimizations of the republican or local budget on accomplishment of separate types of functions of state bodies;

3) expected additional expenses in case of transfer of separate types of functions of state bodies;

4) by determination of ways of implementation of transfer of the state functions to competitive environment.

23. By results of consideration of question of transfer of the state functions to competitive environment the Commission passes the decision on the recommendation:

1) to transfer the state functions in competitive environment with indication of ways of their transfer;

2) to refuse transfer of the state functions to competitive environment;

3) to finish the list of functions.

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