THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE

of May 4, 2013 No. 06-7/63

About approval of rules of control of quality of rendering the state services

According to the subitem 3) article 7 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve the enclosed Rules of control of quality of rendering the state services.

2. To provide to department of inspection and control of the Agency of the Republic of Kazakhstan for public service (L. Shekimov):

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

2) after state registration of this order its official publication in mass media and placement on official Internet resource of the Agency of the Republic of Kazakhstan for public service.

3. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service Akhmetzhanov S. K.

4. This order becomes effective from the date of its first official publication, but not earlier than May 20, 2013.

Approved by the order of the chairman of the Agency of the Republic of Kazakhstan for public service of May 4, 2013 No. 06-7/63

Rules of control of quality of rendering the state services

1. General provisions

1. These rules of control of quality of rendering the state services establish procedure for control by the Agency of the Republic of Kazakhstan for public service (further - the Agency) and its territorial subdivisions behind quality of rendering the state services of the central state bodies, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts (further - the checked subjects) on compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services.

2. Control is exercised in the form of check and monitoring, procedure for the organization and which carrying out are determined by these rules.

3. Control is based on the principles:

1) legality;

2) objectivity;

3) impartiality;

4) maintaining confidentiality;

5) transparency

6) comprehensiveness;

7) reliability.

4. In the course of monitoring procedure and by their results the Agency and its territorial subdivisions:

1) are requested and receive from the checked subjects and officials documents (data) regulating and characterizing their activities on paper and electronic media or their copy for attaching to the act of results of check and also access to the automated databases (information systems) according to tasks and subject of check;

2) together with authorized body in the sphere of informatization, and also with other state bodies of the Republic of Kazakhstan carry out complex inspections;

3) make to the checked subjects offers on improvement of quality of the state services, on accountability of officials for non-execution or improper execution of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services;

4) request information on results of internal control behind quality of rendering the state services;

5) in case of monitoring procedure use information provided by non-profit organizations by results of public monitoring.

2. Procedure for the organization and conducting check

5. The bases for carrying out by staff of the Agency and its territorial subdivisions of check are:

1) orders of the Head of state, Administration of the President of the Republic of Kazakhstan, Government of the Republic of Kazakhstan;

2) plans of the conducting checks approved by the Agency or its territorial subdivision according to Criteria for evaluation of risk degree behind quality of rendering the state services approved by the Agency;

3) claims and addresses of uslugopoluchatel, concerning quality of rendering the state services;

4) orders of management of the Agency to its territorial subdivisions;

5) other information on violations of quality of rendering the state services published in mass media, results of checks of other state bodies or other sources.

6. Check of activities of service providers - the central state bodies are carried out by the staff of the Agency, and territorial subdivisions of the central state bodies and its departments, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts - the staff of territorial subdivisions of the Agency within their competence, and also the staff of the Agency at the request of management of the Agency.

It is performed based on the order on purpose of check of the Agency published by the first heads and its territorial subdivisions or persons fulfilling their duties.

7. The term of conducting check is established taking into account amount of the forthcoming works, objectives and shall not exceed thirty working days.

8. Planning of checks it is performed based on system of risks assessment.

The agency and its territorial subdivisions create the plan of conducting checks for half-year.

The agency according to item 4 of article 16 of the Law of the Republic of Kazakhstan "About the state supervision and control in the Republic of Kazakhstan" till December 10 of the year preceding year of conducting planned inspections and till May 10 of the current calendar year is sent by plans of conducting checks to authorized body on legal statistics and special accounting for forming by the Prosecutor General's Office of the Republic of Kazakhstan of the semi-annual consolidating plan of conducting planned inspections.

9. The checked subject concerning quality of rendering the state services precedes conducting check of activities (on the separate fact separately or in general for certain period) studying of the regulatory legal acts, the materials regulating and characterizing its activities.

10. Before check the employee of the Agency or its territorial subdivision (further - the checking person) informs in writing the checked subject on the beginning of conducting planned inspection at least in thirty calendar days prior to the check with indication of terms and subject of conducting check.

When carrying out unscheduled inspection, informs the checked subject on the beginning of carrying out unscheduled inspection at least one day before the beginning of the check with indication of subject of conducting check.

11. The checking person (persons) which arrived for check shows the order on purpose of check with mark about registration in authorized body on legal statistics and special accounting, the official ID, in case of planned proverkeproverochny leaf.

The beginning of conducting check date of delivery to the checked subject of the order on appointment and conducting check is considered.

12. In case of refusal in acquaintance with the order on purpose of check or hindrance to access to the checking person (persons), to the materials necessary for conducting check, the protocol is constituted. The protocol is signed by the official (persons) of the Agency or its territorial subdivision, performing check, and the authorized person of the checked subject.

In case of refusal the authorized person of the checked subject from signing of the protocol, he offers written explanation about cause of failure or in the protocol the mark about refusal becomes. The refusal of acquaintance with the order on purpose of check is not the basis for check cancellation.

3. Procedure for registration of check

13. Upon completion of check by the checking person the statement of results of check in duplicate is drawn up.

In the act of results of check are specified:

1) date, time and place of creation of the act;

2) the name of the body performing;

3) date and number of the act of purpose of check based on which it is performed;

4) surname, name and middle name (in case of its availability) and position of person (persons) performing;

5) the name of the checked subject, surname, name, middle name (in case of its availability) and position of the representative (representatives) of the checked subject which was present when conducting check;

6) date, place and period of conducting check;

7) the analysis of activities of the checked subject;

8) data on results of check, in the presence - the facts about the revealed violations with reference to the corresponding regulatory legal acts, about their nature;

9) the analysis of the reasons of low-quality rendering the state services, non-executions of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services;

10) recommendations about elimination of the revealed violations, the reasons and conditions promoting their making;

11) data on acquaintance or on refusal in acquaintance with the act of the representative of the checked subject, and also persons which were present when conducting check, their signature or refusal of the signature;

12) the signature of the checking person (persons).

14. Completion of review period day of delivery to the checked subject of the act of results of check no later than the date of termination of check specified in the order on purpose of check is considered.

15. In case of refusal of the checked subject to sign the act of results of check, the checking person (persons) constitutes the relevant protocol which together with one copy of the act is transferred to office of the checked subject, with obtaining on the second copy of the act of mark of registration of the provided materials in the magazine of incoming correspondence.

In case of refusal of the checked subject to receive the act of results of check, the Agency or its territorial subdivision sends to the address of the checked subject the act of results of check as office correspondence through feldsvyaz.

16. The act with materials of each check after its completion by the checking persons is transferred to management of the Agency or its territorial subdivision for decision making.

17. The management of the Agency or its territorial subdivision by results of consideration of the act and materials of check makes the following decisions:

1) about the direction to the head of the checked subject (or its higher body) letters with recommendations of elimination of the revealed violations, the reasons and conditions promoting their making of entering of corresponding changes and amendments into standards and regulations of rendering the state services, and also process optimization of rendering the state services, to accountability of guilty officials and informing the Agency or its territorial subdivision on results of consideration to the corresponding term;

2) about acceptance note information containing in the act and the provided materials.

18. The letter with recommendations of elimination of the revealed violations, the reasons and conditions promoting their making, and also accountability of guilty officials to the head of the checked subject goes signed by management of the Agency or heads of its territorial subdivisions, or persons replacing them within 5 working days from the date of consideration of results of consideration of the act and materials of check.

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