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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of August 25, 2014 No. 898

About measures for differentiation of powers between levels of public administration of the Republic of Kazakhstan

According to the subitem 3) article 44 of the Constitution of the Republic of Kazakhstan, the subitem 14) article 10 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" for the purpose of differentiation of powers between levels of the public administration directed to creation of the compact and effective executive authority of the Republic of Kazakhstan, streamlining and increase in system effectiveness of public administration and based on the principles of unitary state system, POSTANOVLYAYU:

1. Determine the following principles of public administration based on differentiation of functions and powers between levels of public administration in the Republic of Kazakhstan, increase in independence and responsibility of the central and local executive bodies:

1) as the body heading system of executive bodies and performing management of their activities to assign functions to the Government of the Republic of Kazakhstan in the following basic directions:

development of the main directions of social and economic policy of the state, its defense capability, safety, ensuring public order and organization of their implementation;

organization of management of state-owned property;

development of measures for carrying out foreign policy of the state;

ensuring control of respecting the rule of law in case of education and use of the state currency, financial and material resources;

forming of system and payment terms of work, social security of citizens, state social security and social insurance;

ensuring realization of legal policy; development and implementation of measures for protection and protection of the rights and freedoms of citizens, law enforcement and law and order, safety and defense capability of the Republic of Kazakhstan, territorial integrity and protection of frontiers of the Republic of Kazakhstan;

implementation of other functions and the directions assigned to the Government of the Republic of Kazakhstan by the Constitution, the laws and acts of the President of the Republic of Kazakhstan;

To assign 2) to the central executive bodies:

implementation of strategic, regulating, realizable and control and supervising functions within their competence;

forming and realization of state policy in the respective sphere of management;

approval of regulatory legal acts on realization of state policy in the corresponding industry (sphere);

implementation of coordination of activities of the central and local executive bodies for realization of state policy in the corresponding industry (sphere);

control and supervision of activities of physical persons and legal entities within competence;

implementation of control and supervising functions behind activities of the central and local executive bodies for the questions relating to powers of the ministries;

execution of regulatory legal acts, strategic and program documents, goal achievement and tasks in the corresponding industry (sphere);

establishment and approval of the requirements obligatory for execution by subjects of private entrepreneurship;

development and approval of standards and regulations of the state services;

rendering the state services;

implementation of other functions and the directions assigned to the central executive bodies by the Constitution, the laws, acts of the President and the Government of the Republic of Kazakhstan;

3) can be assigned to the departments which are part of the central executive bodies:

implementation of regulating, realizable and control and supervising functions and participation in accomplishment of strategic functions of the central executive body within competence of department;

approval of regulatory legal acts on the questions entering competence of department and with direct competence on their approval of acts of the ministries, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

control and supervision of activities of physical persons and legal entities within competence;

implementation of control and supervising functions behind activities of local executive bodies for the questions relating to powers of department;

implementation of other functions and the directions assigned to department by the legislation of the Republic of Kazakhstan;

To assign 4) to local executive bodies:

implementation of the regulating, realizable and control and supervising functions providing the solution of tasks of local value within the corresponding administrative and territorial unit;

ensuring carrying out nation-wide policy

the executive authority in combination with interests and requirements of development of the corresponding territory;

acceptance of the regulatory legal acts providing the solution of tasks of local value and realization of state policy in the corresponding territory;

management of municipal property;

plan development, economic and social development programs of the territory, local budget and ensuring their execution;

control and supervision of activities of physical persons and legal entities within the corresponding territory;

participation in ensuring activities for protection of public order and safety in the corresponding territory;

rendering the state services of local value;

other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

2. According to the principles of differentiation of powers, the stipulated in Item 1 this Decree to transfer from the Government of the Republic of Kazakhstan to the jurisdiction of the central executive bodies, and also to maintaining local executive bodies of function according to appendix 1 to this Decree.

3. Transfer from the central executive bodies to the jurisdiction of the relevant central executive bodies of function according to appendix 2 to this Decree.

4. Transfer from the central executive bodies to the jurisdiction of local executive bodies of function according to appendix 3 to this Decree.

5. Transfer from local executive bodies of areas, the cities of Astana, Almaty to maintaining local executive bodies of areas (the cities of regional value) of function according to appendix 4 to this Decree.

6. Transfer the state functions to the sphere of the non-state sector, and also exclude separate functions of state bodies according to appendix 5 to this Decree.

7. To the government of the Republic of Kazakhstan:

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