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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2022 No. 355

About some questions of implementation of the Presidential decree of the Republic of Kazakhstan of April 13, 2022 No. 872 "About measures for debureaucratization of activities of the state apparatus"

According to Item 5 of Article 10 and Item 6 of article 18 of the Constitutional law of the Republic of Kazakhstan of December 18, 1995 "About the Government of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations of the Government of the Republic of Kazakhstan (further – Regulations).

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 1 to this resolution.

3. Determine that action of Items 111 and 112 of Regulations extends to the orders of the Prime Minister of the Republic of Kazakhstan which are earlier accepted in implementation of legal acts from the date of enforcement of the specified Regulations Items.

4. Bring in the order of the Government of the Republic of Kazakhstan of March 16, 1999 No. 247 "About approval of the Instruction about procedure for creation, activities and liquidation of advisory advisory bodies under the Government of the Republic of Kazakhstan and working groups" the following amendments and changes:

in the Instruction about procedure for creation, activities and liquidation of advisory advisory bodies under the Government of the Republic of Kazakhstan and working groups approved by the specified resolution:

in the Section "1. General provisions":

add with Item 5-1 of the following content:

"5-1. The created Commissions join in the register of advisory advisory bodies (further – the register) which maintaining is performed by Prime minister's department of the Republic of Kazakhstan, in form according to appendix 1 to this Instruction.

The register is placed on official Internet resource of the Government of the Republic of Kazakhstan and is staticized within three working days from the date of education or abolition of advisory advisory bodies.";

to state part one of Item 19 in the following edition:

"19. Decisions of the Commission / working group are accepted by open and/or closed ballot and are considered accepted if for them the majority of votes from total quantity of members of the Commission / working group is given. Vote is taken by the direction of leaf of vote in form according to appendix 2 to this Instruction in format of the electronic document signed by the EDS. In case of equality of votes the decision for which the chairman/head voted is deemed accepted.";

in appendix to the specified Instruction:

to state the text in the right upper corner in the following edition:

"Appendix 2

to the Instruction about procedure for creation, activities and liquidation of advisory advisory bodies under the Government of the Republic of Kazakhstan and working groups";

add with appendix 1 to the specified Instruction according to appendix 2 to this resolution.

5. To state bodies to take the measures following from this resolution.

6. This resolution becomes effective from the date of its signing, except for:

1) Items 1, 3, 7, 8, 11, 13, 18, 20, 27, 29, 31, 38, 41, 43, 46, 48, 53, 54, 56, 58, 61, 64, 66, 67, 70, 73, 75, 78, 83, 84 and 87appendices 1 to this resolution which become effective since July 1, 2022;

2) the subitem 1) Item parts three 76, Items 111 and 112Regulations which become effective since August 1, 2022.

Prime Minister of the Republic of Kazakhstan

A. Smailov

 

Approved by the Order of the Government of the Republic of Kazakhstan of June 2, 2022, No. 355

Regulations of the Government of the Republic of Kazakhstan

Chapter 1. General provisions

1. The government of the Republic of Kazakhstan (further – the Government) is collegiate organ, performs the executive authority, heads system of executive bodies and directs their activities.

2. Activities of the Government are regulated by the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan of December 18, 1995 "About the Government of the Republic of Kazakhstan", other regulatory legal acts and these Regulations.

3. The basic principles of work of the Government are:

1) essence priority over form – domination of specific and measurable result over form of work on its achievement;

2) digitalization by default – priority of comprehensive interaction of state bodies with citizens, business and among themselves in digital format;

3) managerial responsibility – inadmissibility of transfer of decision making and coordination of the questions falling within the scope of competences of the specific head on higher level and to collegiate organs;

4) continual improvement – forming and maintenance of the organization culture of the state apparatus stimulating reducing bureaucracy, system reengineering and optimization of internal procedures and processes;

5) regulation optimality – establishment of optimum necessary level of regulation of activities of state bodies, non-admission of introduction of reasonable bureaucratic requests, types of the reporting and control new not enough.

4. Information and analytical, organization-legal, documentary and other ensuring activities of the Prime Minister of the Republic of Kazakhstan (further – the Prime Minister) is performed by Prime minister's department of the Republic of Kazakhstan (further – Office).

5. Representation of interests of the Government in Parliament of the Republic of Kazakhstan (further – Parliament) and ensuring its permanent interaction with legislative branch of the power is performed by the deputy manager of Office – the Representative of the Government in Parliament.

6. Representation and protection of interests of the Government and the Prime Minister in courts at the request of the Prime Minister, his deputy or the Head of Office, and also participation in the constitutional production at the request of the Prime Minister are performed by that state body whose competence the questions which became trial subject enter. The Ministry of Justice gives to the relevant state body legal and consulting assistance.

In case of initiation of trials in the international arbitrations and foreign vessels which are carried out abroad with participation of state bodies of the Republic of Kazakhstan, the state body whose competence the questions which are trial subject enter notifies the Ministry of Justice of the Republic of Kazakhstan on trials in international arbitrations and foreign vessels.

7. Interagency coordination of activities of offices of the ministries is performed by the Head of Office by holding meetings with heads of offices of state bodies and the corresponding orders of the Head of Office.

8. The head of Office, his deputies provide observance by state bodies and organizations, officials of requirements of these Regulations.

9. For the purpose of development of the consolidated offers on forming and realization of state policy in the corresponding industry and reducings excessive document flow interaction of state bodies with the President of the Republic of Kazakhstan (further – the President) and Administration of the President of the Republic of Kazakhstan (further – Presidential Administration) is performed by means of periodic reports and reports within activities of advisory advisory bodies in case of the President and the schedules of submission by state bodies of information, reports and reports which are annually approved by the order of the Head of Presidential Administration addressed to the President.

Responsibility for observance of requirements of part one of this Item is conferred on the first heads of the state bodies responsible for forming and realization of state policy in the corresponding industry.

10. Information of the Government on the course of implementation of acts and orders of the President is introduced in Presidential Administration signed by the corresponding Deputy prime minister or the Head of Office according to distribution of obligations between deputy prime ministers and the Head of Office approved as the Prime Minister.

11. Office e-mail is used by the central and local executive bodies as the official communication medium and exchange of information, except for correspondence with bodies of legislative and judicial branches of the power, Presidential Administration, and also the documents relating to National Archive Fund.

12. Responsibility for completeness, reliability, relevance and timeliness of placement in the state objects of informatization of data are born by the first heads of the central executive bodies.

Chapter 2. Meetings of the Government and meetings held at the Prime Minister and his deputies

Paragraph 1. Planning of meetings

13. Questions for consideration at meetings of the Government (further – meetings) are determined proceeding from the powers of the Government established by the Constitution, the laws and acts of the President.

14. The quarterly list of questions for consideration at meetings affirms the Head of Office in coordination with the Prime Minister and his deputies on the basis of proposals of the members of the government represented to Office no later than the 20th preceding the planned quarter.

The approved list of the planned questions is distributed by Office to members of the government, akims of areas, cities of republican value, the capital and, if necessary, heads of other state bodies and other organizations.

15. The decision on removal from consideration of the planned question or transfer of its consideration for other term is accepted by the Prime Minister or in coordination with it the Head of Office based on the petition addressed to the Prime Minister signed by the first head of the state body responsible for preparation of question, and brought no later than 5 working days before date of meeting. The state bodies interested owing to the competence are informed on the specified decision.

The procedure established by this Item does not extend to the meetings planned in extraordinary procedure.

16. Emergency meetings are convened at the initiative of the President or the Prime Minister.

Paragraph 2. Procedure for preparation and holding meetings of the Government

17. Meetings are held, as a rule, weekly, but at least once a month and are convened by the Head of Office at the request of the Prime Minister or the President.

18. The Prime Minister, and in its absence – the Deputy prime minister on specifying of the Prime Minister presides over meetings.

With participation in meetings of the President the President or according to its order Prime Minister presides.

19. Meetings are open and are conducted in the state and Russian languages.

At the initiative of the President or the Prime Minister closed meetings can be held.

Holding private meetings and discussion of the questions containing office information of limited distribution or the state secrets are performed with observance of requirements of the mode of privacy and restriction of the admission for meetings.

Meetings in priority procedure are held by means of video conferencing, and also in the internal or mixed formats in coordination with the Prime Minister or the Head of Office according to its order.

20. The meeting is considered competent if at least two thirds of members of the government participate in it. Members of the government participate in its meetings without the replacement right.

In case of impossibility of participation of the member of the government at meeting participation of his deputy is approved previously with the Prime Minister or the Head of Office at least one day before the beginning of meeting.

The official replacing the member of the government participates at meeting without voting power.

21. At meetings by the invitation of Office there can be officials to whom such right is granted by acts of the President, deputies of chambers of Parliament, akims of regions, heads of other state bodies and organizations, employees of Office and other persons.

The offer on determination or refining of the list invited to meeting is introduced depending on the discussed questions by the state body responsible for preparation of question, not later than 3 (three) working days prior to meeting.

Participation invited in meeting is provided with Office.

22. The materials prepared for consideration at meeting in the state and Russian languages are brought in Office not later than 3 (three) working days prior to meeting and shall include:

1) draft of the legal decision;

2) references in amount no more than 5 (five) pages;

3) comparative tables, the presentations in the Microsoft Power Point format (color slides in amount no more than 10 (ten) megabytes and font size are at least 20, the displays of visual information corresponding to format 16:9);

4) information (analytical) reports (duration no more than 7-10 minutes);

5) participant list;

6) other materials on the questions considered at meeting of the Government.

Materials can be improved state bodies in coordination with the relevant structural divisions of Office, at the same time it is not allowed a day before and is direct in day of holding meeting to change presentation material, except as specified, approved with the Head of Office.

In case of untimely, and also low-quality and incomplete representation of materials for meeting by the Prime Minister or in coordination with it the Head of Office makes the decision on removal from consideration of the planned question or transfer of its consideration for other term.

Responsibility for untimely, incomplete representation and (or) introduction of poor worked materials for meetings is assigned to the first heads of state bodies.

In exceptional cases, when the meeting at the request of the Prime Minister is held in extraordinary procedure, materials can be brought in Office in day of its carrying out and be led up to participants of meeting directly at meeting, at the same time the maintenance responsibility and quality of training of materials are born by the first head of state body within which competence the case in point is.

23. State bodies and the organizations which were given the assignment which representatives were present at meeting shall start execution of orders right after the meeting, without waiting for receipt to them the signed minutes.

The minutes signed by the Prime Minister and registered by Office go for execution to state bodies and the organizations which in the protocol are given the corresponding instructions.

Paragraph 3. Bases of appointment and procedure for holding meetings

24. Meetings can be held under the leadership of the Prime Minister or his deputies according to distribution of obligations between them:

1) in the presence of the direct order of the President and (or) the Management of Administration;

2) in case of threats of public, military, political, economic, information and ecological safety;

3) in case of emergency situations of natural, technogenic and social nature, destabilization of situation in general in the country or certain regions, threat of terrorist attack or spread of epidemiological diseases;

4) in other cases according to orders of the Prime Minister or his deputies.

25. The meeting in priority procedure is held with use of video conferencing and available online services in the presence of the bases provided by these Regulations.

The meeting in internal format is held in case of consideration of the questions containing office information of limited distribution or the state secrets.

26. For holding meeting the state body makes the relevant proposal addressed to the Prime Minister or his deputies.

27. Meetings under the chairmanship of the Prime Minister or his deputies are held on the questions carried to their competence.

28. Materials are brought by state bodies in Office in 3 (three) working days prior to date of meeting in electronic form (the presentations, reports, drafts of legal decisions, etc.).

Questions to which materials are brought with violation of the terms established by this Item and also lifted out of the agenda of the held meeting, are not allowed to consideration.

29. Responsibility for the presented candidates and quality of materials for meeting is assigned to deputy first heads of state bodies for the supervised directions.

In exceptional cases replacement of the candidate is made in coordination with the Head of Office by oral coordination, at least in 2 (two) hours prior to the meeting.

30. Meeting invitations, including the agenda and required materials, go in digital format by means of electronic calendar to responsible officials, heads of the structural divisions responsible for acceptance of correspondence in state body, and to receptions of the first heads, without the direction of the official telephone message.

The telephone message is used in exceptional cases (in the absence of technical capability of the invitation in digital format).

The receiver of the invitation (responsible officials, reception, etc.) within 1 (one) hour confirms/rejects/offers new date and (or) time for participation in meeting.

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