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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 24, 2014 No. 1011

Questions of the Ministry of national economy of the Republic of Kazakhstan

(as amended on 16-11-2022)

For the purpose of implementation of presidential decrees of the Republic of Kazakhstan of August 6, 2014 "About reform of system of public administration of the Republic of Kazakhstan" and on August 25, 2014 No. 898 "About measures for differentiation of powers between levels of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 875

1. Approve enclosed:

1) Regulations on the Ministry of national economy of the Republic of Kazakhstan (further - the Provision); 

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan

2. Rename:

1) public institutions - territorial authorities of the Agency of the Republic of Kazakhstan according to the statistics according to appendix 1 to this resolution;

2) public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on consumer protection according to appendix 2 to this resolution;

3) public institutions - antiplague stations of the Agency of the Republic of Kazakhstan on consumer protection according to appendix 3 to this resolution;

4) the republican state companies of the Agency of the Republic of Kazakhstan for consumer protection according to appendix 4 to this resolution;

5) the republican state companies of Committee on cases of construction and housing and communal services of the Ministry of regional development of the Republic of Kazakhstan and the Management committee land resources of the Ministry of regional development of the Republic of Kazakhstan according to appendix 5 to this resolution;

6) the republican state company on the right of economic maintaining "The republican center of the state town-planning planning and the inventory" in the republican state company on the right of economic maintaining "The republican center of the state town-planning planning and the inventory of Committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan";

7) the republican state company on the right of economic maintaining "Data processing center of the Agency of the Republic of Kazakhstan according to the statistics" in the republican state company on the right of economic maintaining "Data processing center of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan";

8)  No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2016.

3. Determine:

1) authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies specified in appendix 4 to this resolution, Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan;

2) authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies specified in appendix 5 to this resolution, Committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan.

4. Reorganize public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on protection of the competition and public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies by merge into public institutions - territorial authorities of Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan according to appendix 6 to this resolution.

5. Abolish:

1) public institutions - territorial authorities of Committee on cases of construction and housing and communal services of the Ministry of regional development of the Republic of Kazakhstan with transfer of their functions and powers to local executive bodies according to appendix 7 to this resolution;

2) public institutions - territorial land inspections of the Management committee land resources of the Ministry of regional development of the Republic of Kazakhstan with transfer of their functions and powers to local executive bodies according to appendix 8 to this resolution.

6. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 9 to this resolution.

7. To the ministries of national economy and finance of the Republic of Kazakhstan in the procedure established by the legislation to take other measures following from this resolution.

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

the subitem 74) functions of central office of Item 16 of the Provision which is effective till January 1, 2022 according to the Law of the Republic of Kazakhstan of December 27, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rail transport";

subitems 262-3) and 262-4) of functions of central office of Item 16 of the Provision which become effective since July 1, 2021;

subitem 23-1) of functions of central office of Item 16 of the Provision which becomes effective since January 1, 2024.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of September 24, 2014 No. 1011

Regulations on the Ministry of national economy of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of national economy of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan performing management, and also cross-industry coordination in spheres:

1) state planning, tax, budget and customs policy, policy on investment attraction, the state and guaranteed by the state borrowing and debt, public-private partnership, the state investment projects, advertizing, natural monopolies, except for spheres of air navigation, the airports and on provision in property employment (lease) or use of the cable sewerage, the socially significant markets, managements of the state assets, including improvement of quality of corporate management, development of system of public administration;

2) regional development, development of local self-government, development and support of private entrepreneurship, self-regulation;

3) state regulation and control in spheres of natural monopolies, except for spheres of air navigation, the airports and on provision in property employment (lease) or use of the cable sewerage, the socially significant markets, except for rendering services of the airports on internal flights: landing disembarkation of passengers (by means of telescopic ladder), provision in lease of the premises of the airport used for the purpose of ensuring transportation process, load handling, provision of workplace (area) for registration of passengers, providing aircrafts with aviation fuels and lubricants, and also the state control of observance by the power making and power supplying organizations of requirements of the Law of the Republic of Kazakhstan "About power industry";

4) mobilization preparation and mobilization;

5) project management, and also strategic, control, realizable and regulating functions.

2. The ministry has department: Committee on regulation of natural monopolies of the Ministry of national economy of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Ministry location: The city of Astana, Esilsky district, Prospekt Mang_l_k ate 010000,, the house 8, the office building "The house of the ministries", 7 entrance.

10. This Provision is the constituent document of the Ministry.

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of state body

13. Tasks:

forming of state policy in spheres:

1) tax, budget and customs policy;

2) licensing;

3) authorization system;

4) interbudget relations;

5) state control (supervision) of activities of subjects of private entrepreneurship;

6) investment attraction;

7) the state and guaranteed by the state borrowing and debt;

8) public-private partnership;

9) state investment projects;

10) natural monopolies;

11) socially significant markets;

12) international economic and financial relations;

13) managements of the state assets, including improvement of quality of corporate management;

14) developments of system of public administration;

15) regional development;

16) developments of local self-government;

17) developments and supports of private entrepreneurship;

18) state regulation and control of activities of subjects of natural monopolies according to the Entrepreneurial code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About natural monopolies" and the legislation of the Republic of Kazakhstan;

19) protection of the rights and legitimate interests of consumers in the sphere of implementation of activities of subjects of natural monopolies and the socially significant markets;

20) ensuring balance of interests between consumers and service providers in spheres (industries) of public administration which are under authority of the Ministry;

21) ensuring effective functioning of subjects of natural monopolies and socially significant markets;

22) self-regulation;

23) advertizing;

24) mobilization preparation and mobilization;

25) project management;

26) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

adopt legal acts, obligatory for execution, within the competence;

request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

create advisory and consultative and commissions of experts within the competence;

request and receive from state bodies, officials of other organizations and physical persons information necessary for implementation of the functions assigned to the Ministry, with observance established by legal acts of the Republic of Kazakhstan of requirements to disclosure of the data which are the commercial and protected by the law other secret;

take a legal action;

involve in conducting checks and examinations of specialists from other organizations;

bring within the competence in state bodies of the offer on cancellation or change of the acts adopted by them violating the law of the Republic of Kazakhstan;

direct the materials and regulatory legal acts contradicting the legislation of the Republic of Kazakhstan to bodies of prosecutor's office;

introduce to subjects of natural monopolies the instruction about elimination of violation of the law of the Republic of Kazakhstan about natural monopolies and to subjects of the socially significant markets about execution of the obligations provided by the Entrepreneurial code of the Republic of Kazakhstan by them;

delegate part of the powers and functions to department;

conclude memorandums (agreements) with heads of local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;

perform other powers provided by legal acts, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;

2) obligations:

not disclose information, component the commercial, office, protected by the law other secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

accept and consider appeals of physical persons and legal entities according to the procedure and the terms established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

place on the Internet resource:

State register of subjects of natural monopolies;

legal acts of authorized body;

requests with the enclosed documents submitted on the electronic medium taking into account the requirement, stipulated in Item the 7th article 15 of the Law of the Republic of Kazakhstan "About natural monopolies";

the approved, established and certain rates;

the approved tariff estimates and investing programs;

reports of subjects of natural monopolies on execution of the approved tariff estimates, execution of the approved investing programs, observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies;

the register of the issued soglasiya on making of separate actions by the subject of natural monopoly and also accepted from the subject of natural monopoly of notifications on implementation of the activities which are not relating to regulated services according to the Law of the Republic of Kazakhstan "About permissions and notifications";

resolutions on involvement of subjects of natural monopolies and the socially significant markets to the administrative responsibility and instructions about elimination of violations of the law of the Republic of Kazakhstan about natural monopolies and about obligation fulfillment, provided by the Entrepreneurial code of the Republic of Kazakhstan;

decisions of the courts following the results of trials with participation of authorized body;

indicators of quality and reliability of regulated services;

achievement of performance indicators of activities of subjects of natural monopolies;

other information relating to implementation of state regulation of activities of subjects of natural monopolies;

make decisions on inclusion of the subjects performing activities in spheres of natural monopolies in the State register of subjects of natural monopolies or exception of it;

approve development plans for thermal, electric, gas-distribution systems, and also networks of water supply and the sewerage of the cities, areas and areas;

carry out the analysis of application of the legislation of the Republic of Kazakhstan on natural monopolies, develop methodical recommendations on this basis;

coordinate work of local executive bodies in the regulated sphere;

coordinate work of territorial authorities and organizations for the main activities, planning and execution of the republican budget;

organize rendering the methodological and advisory help to territorial authorities and organizations in the regulated sphere, to legal entities and physical persons on the questions entering competence of the Ministry;

propagandize knowledge of questions in the regulated sphere;

keep financial accounting and create the financial reporting;

carry out the analysis of application of the legislation of the Republic of Kazakhstan in the regulated sphere;

create and provide functioning of electronic information resources and information systems, information and communication networks, organize access of physical persons and legal entities to them according to the legislation of the Republic of Kazakhstan in the sphere of informatization.

15. Functions:

1) realization of state policy in the sphere of state planning;

2) realization of state policy concerning self-regulation;

3) plan development of territorial development of the country;

4) development, adjustment and monitoring of strategy implementation of homeland security of the Republic of Kazakhstan, the action plan on risk management of homeland security of the Republic of Kazakhstan;

5) coordination of draft documents of System of state planning;

6) monitoring and assessment of implementation of documents of System of state planning;

7) development of suggestions for improvement of System of state planning;

8) development and approval of technique of development, monitoring, realization, assessment and control of the National development plan for the Republic of Kazakhstan, Plan of territorial development of the country, concepts, development plans for state bodies, development plans for area, city of republican value, capital;

9) development and approval of technique of development, monitoring, realization, assessment and control of Strategy of homeland security of the Republic of Kazakhstan;

10) maintaining the register of the accepted comprehensive plans, road cards;

11) development and approval of rules of development of doctrines (strategy), state programs, comprehensive plans, road maps in coordination with authorized body on strategic planning and Administration of the President of the Republic of Kazakhstan;

12) development and approval of form and rules of creation of the report on results of monitoring about implementation of documents of System of state planning;

13) development of the list of national projects in coordination with authorized body on strategic planning;

14) approval of rules of development, realization, carrying out monitoring on implementation of the operational plan of state body;

15) development and approval together with authorized body on strategic planning in coordination with Administration of the President of the Republic of Kazakhstan of method of development of national projects, format of submission of the document, form of the scheduled plan of realization and the reporting of contractors;

16) development and monitoring of implementation of the national actions plans developed for the purpose of implementation of annual president's letters of the Republic of Kazakhstan;

17) coordination of activities of state bodies for forming and realization of economic policy of the country;

18) realization of the state youth policy;

19) development of the forecast of social and economic development of the republic;

20) enhancement of methodology and tools of macroeconomic forecasting;

21) impact assessment of measures of economic policy on the main macroeconomic indicators;

22) the analysis of situation in world economy, assessment of potential external risks and their influence on social and economic development of the country;

23) methodological ensuring development of the forecast of social and economic development, development and approval of technique of forecasting of the main indicators of social and economic development of the country and regions for the five-year period;

24) approval of method of development of strategies of development for the cities of republican and regional values;

25) monitoring and analysis of macroeconomic indicators of the republic;

26) forming of tax and budget policy, and also development of offers on forming of customs policy;

27) development of suggestions for improvement of the tax and budget legislation, and also in the sphere of customs affairs;

28) development of offers on development of the budget system;

29) forecasting of the income of budgets of areas, cities of republican value, the capital to the bill of the Republic of Kazakhstan on amounts of transfers of general nature between republican and regional budgets for the three-year period;

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