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The document ceased to be valid since  February 12, 2016 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of December 18, 2015 No. 147

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2011 No. 109

About approval of Rules of calls accounting of physical persons and legal entities, the report of form No. 1-OL "About consideration of appeals of physical persons and legal entities" and Instructions for its creation

(as amended on 22-12-2014)

For the purpose of realization of Item 2 of article 7 of the Law of the Republic of Kazakhstan of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities", ensuring maintaining by subjects of legal statistics and special accounting of the reporting under consideration of appeals of physical persons and legal entities by them, being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", PRIKAZYVAYU:

1. Approve:

1) Rules of calls accounting of physical persons and legal entities, according to appendix 1 to this order;

2) the report of form No. 1-OL "About consideration of appeals of physical persons and legal entities", according to appendix 2 to this order;

3) the Instruction for creation of the report of form No. 1-OL "About consideration of appeals of physical persons and legal entities" according to appendix 3 to this order.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of May 30, 2007 No. 20 "About approval of Rules of calls accounting of physical persons and legal entities, the statistic report of form No. 1-OL "About consideration of appeals of physical persons and legal entities" and Instructions for its creation" (registered in the Register of state registration of regulatory legal acts for No. 4699), except for:

1) the subitem 1) Item 1 of the specified order which voids since July 1, 2012;

2) subitems 2) and 3) Item 1 of the specified order which become invalid since February 1, 2012.

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

2) to state bodies and legal entities from 100% participation of the state, authorized to consider and make decisions according to appeals of physical persons and legal entities, for data and use in work;

3) in mass media for official publication.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective after ten calendar days after its first official publication, except for:

1) the subitem 1) Item 1, which becomes effective since July 1, 2012;

2) subitems 2) and 3) Item 1, which become effective since February 1, 2012.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

It is approved

Minister of Communications and information of the Republic of Kazakhstan

November 16, 2011

 

_____________ A. Zhumagaliyev

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of November 16, 2011 No. 109

Rules of calls accounting of physical persons and legal entities

1. General provisions

1. These rules of calls accounting of physical persons and legal entities (further - Rules) are developed according to article 5 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" for the purpose of realization of Item 2 of article 7 of the Law of the Republic of Kazakhstan of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities" (further - the Law) and regulate procedure:

calls accounting of physical persons and legal entities by state bodies, bodies of local public administration, legal entities from 100% participation of the state (further - subjects) which have the right to consider and make decisions according to appeals of physical persons and legal entities according to their competence;

provisions by state bodies, bodies of local public administration, officials in Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) and its territorial authorities of accounting data on appeals of physical persons and legal entities.

2. Accounting treatment for addresses

2. The appeal of physical person and legal entity (written, oral, from personal acceptance, in electronic form) is considered in the departmental automated information system (further - AIS) the subject.

In case of absence of AIS the address is registered in the Register of addresses of physical (legal) persons (appendix 1 to these rules) and the paper version of the accounting card of the appeal which is sent to higher body of the subject for input of accounting data according to the appeal to AIS is filled.

Accounting of the address is performed by filling of the respective fields in the electronic accounting form - the accounting card of the address of physical (legal) person (further - the accounting card of the address, appendix 2 to these rules) or the departmental information accounting form including the list of accounting data of the accounting card of addresses in day of its receipt to subject and reflections of their data in the state legal statistical reporting.

Registration number of the address is assigned automatically in end-to-end procedure which consists of abbreviation, initial letter of surname of the signed the appeal and sequence number.

Registration number of the appeal of physical person consists of the alphabetic FL index, initial letter of surname of the author and sequence number in the accounting card of the address.

Registration number of the address of the legal entity consists of the "YUL" alphabetic index, initial letter of surname of the official who signed the appeal and sequence number in the accounting card of the address.

Registration number of the anonymous address consists of the alphabetic ANM index and sequence number in the accounting card of the address.

Registration number of the collective address consists of the alphabetic K/E index and sequence number in the accounting card of the address.

In case of registration of the repeated address and duplicate of the address in registration number number of the first address, with indication of frequency sign is specified (1, 2, 3).

The duplicate of the address - the address copy having texts and legal force, identical with the original.

Before accounting of the address check on AIS is performed and established: whether the address is repeated or the duplicate of the previous address.

In case of the address with the petition for the termination of consideration of the address, it after registration joins the basic with the corresponding mark in detail 19.1. "The petition for the termination" accounting cards of the address arrived (the subitem 7) of article 14 of the Law).

Are not subject to accounting according to these rules:

1) the in-house documents which arrived from one state body in another;

2) orders and instructions of higher body;

3) duplicates of addresses;

4) petitions for the termination of consideration of the address;

5) the addresses which arrived: on employment if it is not connected with the claim to illegal solutions of subjects or officials; from employees in subjects in which they work or arrived from employees of subordinate subjects, except addresses in which there is a speech about violation of the rights and freedoms of applicants, messages on violation of the laws and other regulatory legal acts; concerning rendering the state services, except for the addresses provided by the subitem 3) of Item 1 of article 4 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services".

3. Registration and accounting of the address is performed in day of acceptance according to Item 2 of these rules.

4. The coupon in form according to appendix 3 to these rules with indication of unique number is issued to physical person (representative) or the representative of the legal entity (further - the applicant) who directly addressed in writing the subject.

In unique number of the coupon the first couple designates year of registration of the address, by the second couple - area code (the city of republican value, the capital), the third couple - area code (the cities of regional value, the city of district value), the fourth couple - code of the rural district, the fifth couple - code of department, the sixth couple - sequence number of the coupon.

For example, unique number of the address which arrived in department of formation of akimat of the Almaty district of the city of Astana looks as follows: 157111000142200015. In this case 15 - year of registration of the address, 71 - code of the city of Astana, 11 - code of the Almaty district of the city of Astana, 00 - code of the rural district, 01422 - code of body, 00015 - sequence number of the coupon.

The code of body is used from the reference book of subjects of the automated information system "Single Calls Accounting of Persons" (further - EUOL).

In case of receipt of the address the registered mail through Kazpochta Joint-stock company in detail 7 "Unique number" of the accounting card of the address the subject brings 13-unit shaped the post identifier (further - ShPI) appropriated in department of mail service and adds to it 55555 symbols.

For example, unique number of the address which arrived in state body through the Central Operational Site (COS) of the Astana post office looks as follows: RB012218257KZ55555. In this case the first 13 symbols is the ShPI code and in addition "55555".

The coupon consists of two parts: back of the coupon which remains at the subject which registered the address and also the detachable coupon which is issued to the applicant.

Part one of the coupon carries unique number, surname, name, middle name or the name of the applicant, the signature, position, surname and initials of the employee of the subject which accepted the address and date of its acceptance, time, date and the signature received the coupon.

The coupon part two (the detachable coupon) also contains unique number, surname, name, middle name or the name of the applicant, surname and the employee's initials, the name, the address and office phone of the subject which accepted the address with explanation that decision making according to the address will be accepted in the terms established by legal acts of the Republic of Kazakhstan, date and the signature of the employee of the subject which issued the coupon.

On the back of the detachable coupon the address of the http://service.pravstat.kz Internet resource, phone numbers are specified: 1012 (SMS service), 8 800-080-7777 (from stationary), 1414 (from mobile) on which the applicant can obtain free of charge the relevant information on stages of consideration of the address, except for the SMS - messages, worth 15 tenges on all telecom operators.

In case of redirection of the appeal to other state body according to Item 6 of article 7 of the Law of the Republic of Kazakhstan of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities" in the cover letter unique number according to this address which in turn is reflected in the accounting card of the appeal of the state body which received the address is specified. Unique number is assigned once in case of primary registration of the address.

Issue of coupons with unique numbers is made:

1) the supreme representative body, the central executive state bodies and their departments, and also other central state bodies since July 1, 2012;

2) offices of akims of areas and cities of Astana, Almaty since April 1, 2013;

3) offices of akims of the cities district and the cities of regional value, and also maslikhats of area, territorial authorities of the central executive bodies and state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan since January 1, 2014;

4) district representative and executive bodies since January 1, 2015.

5. In case of statement in the address of several questions among which there are questions which are not entering competence of consideration of the subject, the official this address is registered and allowed by them, according to the powers in terms, the stipulated in Clause 8 Laws.

At the same time, for consideration of other questions which permission does not enter its competence the copy of the address goes on competence to other subject, the official according to Item 6 of article 7 of the Law, with the obligatory notification about it the applicant.

This address is considered as considered and redirected to other body.

The address which arrived from higher body in subordinate according to which the answer is given to the applicant signed by the head of higher body in subordinate body is not subject to accounting.

By consideration of the address by several state bodies, the accounting card of the address is exposed to those by state body which directly gives the answer to the applicant. At the same time the state body (reducing) registers the address in the automated Address of Citizens base, other state bodies collaborators register the address in the automated Office Correspondence base.

At the same time information is provided by collaborators to the first contractor within fifteen calendar days (Item 2 of article 9 of the Law).

6. According to these rules are considered:

1) the appeal of physical person and legal entity redirected for consideration to subject by the deputy of Parliament of the Republic of Kazakhstan, regional, city and district maslikhat (further - the deputy) or other subject;

2) the addresses of deputies which are not drawn up in the form of deputy request.

7. The term of consideration of the address is estimated from the date of receipt of the address to the subject.

8. The official of the subject provides timeliness, completeness, reliability of registration of the address, reliability, completeness and timeliness of provision of accounting data on the appeal of physical (legal) person to Committee and its territorial authorities.

3. Procedure for provision by subjects of accounting data on appeals of physical persons and legal entities in electronic format

9. State bodies and bodies of local public administration, officials provide in Committee and its territorial authorities, accounting data on appeals of physical persons and legal entities, and also on the addresses registered earlier on which decisions, daily in electronic format by unloading of data from departmental information systems of the subject were made.

In case of lack of the registered addresses in the accounting period, the subject sends the corresponding letter to Committee or its territorial authorities.

10. The accounting information is provided:

1) district subjects in regional subjects;

2) regional and interregional subjects in territorial authorities of Committee taking into account data of subordinate subjects, branches of interregional departments;

3) offices of akims of the area in the city, the cities of district value, the settlement, the village, the rural district in district akimats;

4) district akimats (the city of regional value), offices of akims of areas in the city of republican value (capital) in territorial authorities of Committee;

5) managements and offices of regional akimats (the city of republican value, the capital) in territorial authorities of Committee;

6) Republican state bodies, committees of the ministries in Committee.

11. On the basis of the summary data which arrived from subjects, the Committee conducts centralized databank about appeals of physical persons and legal entities.

4. Procedure for filling of the accounting card of the address

12. In the accounting card of the address the following accounting data are subject to reflection:

in detail 1: code and the name of the subject, the official who registered the address (obligatory for filling);

in detail 2: surname of the addressed physical person. In case of submission of the collective address in this detail the surname first signed is specified (obligatory for filling);

in detail 3: name of the addressed physical person or initial (obligatory for filling);

in detail 4: the postal address of the physical or legal entity (obligatory for filling), in case of submission of the collective address is specified the address of the first subscribed person in cases if the address to which it is necessary to send the answer is not specified;

in detail 5: the name of the addressed legal entity (obligatory for filling);

in detail 6: the status of the addressed person if about it in the address there are data (the status code is specified according to appendix 4 to these rules) (optional, it is filled if it is specified);

in detail 7: unique number which is filled in according to requirements of parts 2 and 5 of item 4 of these rules and shall correspond to number specified on the coupon (not obligatory for filling in the absence of number of the coupon);

in detail 8: registration number and registration date of the address (obligatory for filling);

in detail 9: reference number, date of sending the address of the legal entity (optional, is filled if it is specified);

in detail 10: address form code: (1) - paper, (2) - electronic, (3) - on personal acceptance (obligatory for filling);

in detail 11: the reason of frequency of the address (optional to filling) (the reason of frequency is specified according to appendix 5 to these rules);

in detail 12: the sign of frequency or the duplicate of the address, is put down the number meaning amount of frequency or duplicates.

For example, "4" means that according to the main address the fourth duplicate arrived (optional, is filled in case of receipt of the repeated address or the duplicate);

in detail 13: the code of type of the address is specified according to appendix 6 to these rules. For ensuring exact reflection of type of the address it is necessary to be guided by contents of the address (obligatory for filling);

in detail 14: address language code: (1) - state, (2) - official, (3) - other (obligatory for filling);

in detail 15: the name of body which actions are appealed. This detail is filled from the reference book of subjects of EUOL. If in the address there is no speech about appeal of actions of any state body, the code is put down (0000000000000000) (obligatory for filling);

in detail 16: surname, initials of the official whose actions are appealed (optional, is filled if it is specified);

in detail 17: question design of the address (the code of questions of the address is specified according to the reference book of nature of questions used in ESEDO. Bodies of prosecutor's office the code according to the reference book of nature of questions of Single information and analytical system of the Prosecutor General's Office of the Republic of Kazakhstan is specified). According to addresses in which it is raised several questions of different nature corresponding to them codes are specified through comma (obligatory for filling);

in detail 18: the name of the subject, official from whom the address arrived. The detail is filled only if the appeal of physical person or legal entity is redirected from other state body or other body for competence or territoriality (the subject's code from where the address arrived, is specified from the reference book of state bodies, or in case of absence in manual) (optional to filling);

in detail 19: if the address arrived from higher body, it is noted "yes" if the address arrived not from higher body - "no" (obligatory for filling);

in detail 19.1: the petition for the termination (when filling this detail, details 24 *, 27 * and 28 * are not filled) arrived (optional, is filled if is available). The petition after registration joins the main address;

in detail 20: the summary of the address (obligatory for filling);

in detail 21: date of final completion date of the address (obligatory for filling);

in detail 22: Full name and telephone employee number of the subject who is the contractor according to the address (obligatory for filling);

in detail 23: code of the direction of the address on execution to other subject: (1) - in subordinate body, (2) - in higher body, (3) - on jurisdiction, (4) - in state bodies of other countries, (5) - the inquiry is sent in (it is filled in case of sending an inquiry during consideration of the address) (optional to filling);

in detail 23.1: the code and the name of state body where the address, according to the subitem 3) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About the state services" arrived are specified;

in detail 23.2: No. of registration of the address registered in KUZI is specified (only for law enforcement and special bodies);

in detail 23.3: registration date of the address registered in KUZI is specified (only for law enforcement and special bodies);

in detail 24: the made decision according to the address (the decision code according to the address is specified according to appendix 7 to these rules) (obligatory for filling);

in detail 24.1: the essence of the answer sent to the applicant is brought. At the same time the original of the answer with appendices goes to the author of the address the corresponding delivery modes (purposely, postal service, e-mail) (obligatory for filling). This detail is filled in case of filling of detail 24;

detail 24.1. it is filled with all subjects, except for Administration of the President of the Republic of Kazakhstan and Prime minister's department;

in detail 25: about sending an inquiry in other body during consideration of the address (Item 2 of article 9 of the Law) (it is filled in case of sending an inquiry in other body during consideration of the address);

in detail 25.1: date of sending an inquiry;

in detail 26: renewal term of execution of the address (optional, is filled if it is specified);

in detail 27: date of the made decision or redirection of the appeal to other body (obligatory for filling);

in detail 28: reference number of the cover letter about the direction of the answer to the addressed person or redirections of the appeal to other body (obligatory for filling);

in detail 29: the number of persons brought to disciplinary responsibility by results of consideration of addresses;

in detail 30: the number of persons brought to the administrative responsibility by results of consideration of addresses;

in detail 31: surname, initials of the employee who entered accounting data on the appeal to AIS of the subject (it is filled automatically with the program). In paper version of the accounting card of appeals of physical persons and legal entities the surname of the employee who filled card is specified.

Details with 1 on 20 are filled in case of registration of the address, details 21 and 22 are filled after consideration with management, details with 23 on 31 are filled in case of execution (in case of capture of the address on control) or after execution.

5. Adjustment of accounting data on addresses

13. In case of identification of mistake in accounting data on addresses after their direction to Committee or its territorial authorities, subject adjusts the specified data in AIS and sends the modified accounting data to Committee or its territorial authorities at the time of identification of mistake in which the mistake was revealed.

The direction of the modified data is followed by the letter of the subject with the explanation of the reasons of introduction of adjustment.

Appendix 1

to Rules of calls accounting of physical persons and legal entities

Register of addresses of the physical (legal) persons _________________________________________________________
(name of the subject, official)

No. of payment order

Receipt date, address No.

The name of the subject of the official from where the address arrived

Unique number

First name, middle initial, last name (name), applicant's address

Summary of the address

The appeal is sent to territorial and structural subdivisions and to other bodies

First name, middle initial, last name contractor of the address

Reference number, date of departure of the answer to the applicant

Note

1

2

3

4

5

 

6

7

8

9

 

It is begun:

It is ended:

Number of sheets:

Specialist:

Appendix 2

to Rules of calls accounting of physical persons and legal entities

Form

Accounting card of the address of physical (legal) person

I part. Basic details of card

1. * Code and the name of the subject (official) who registered the address

______________________________________________________________________________________________________

                           (once from the reference book of state bodies is filled)

2. * Surname (addressed) _____________________________________________________________________________

3. * Name (addressed) _________________________________________________________________________________

4. * The postal address (addressed) _______________________________________________________________________

5. * The name of the addressed legal entity ________________________________________________________

6. The social status of the addressed person (optional, is filled if it is specified) _____ (code in the reference book, appendix 4)

7. Unique number _______________

II part. The card filled in case of registration or repeated receipt

8. * Registration number and registration date ____ "__" _______ 20 ___.

9. Reference number and date of departure of the address to the subject considering the address (optional, is filled if it is specified)

(on registration of clerical work in the legal entity) ______________________________________________________

10. * Address form: (1) - paper, (2) - electronic, (3) - on personal acceptance;

11. The reason of the repeated address (optional, is filled from the reference book, appendix 5)

12. Sign repeated or the duplicate of the address (optional, is filled if the duplicate of the address) ____ (1, 2,, etc. on number of frequency or duplicates)

13. * Address type: ___ (appendix 6) is filled from the reference book,

14. * Address language _____ (1) - state, (2) - official, (3) - other

15. * The name of body which actions are appealed ________________ (it is filled from the reference book of state bodies);

16. Surname, initials of the official whose actions are appealed (if are specified in the address) (optional, is filled if it is specified)

______________________________________________________________________________________________________

17. * Question design of the address ______________ (the code of questions of the address is specified according to the reference book of the nature of questions used in ESEDO)

18. The address arrived from (optional, is filled if the address arrived from other state body, from other official): _______ (the code and the name of the subject is filled from the reference book of state bodies, or in case of absence - in manual)

19. * The address arrived from higher body: yes ___ is not present ___ (obligatory)

19.1. The petition for the termination arrived (when filling this detail, details 24 *, 27 * and 28 * are not filled) "__" _________ 20 __ (optional, is filled if is available).

The petition after registration joins the main address.

20. * The summary (summary) of the address, the resolution (it is obligatory to fill contents of the address, the rest at the discretion of the user)

______________________________________________________________________________________________________

21. * Completion date of the address "__" _________ 20 __ (automatically the program establishes term for 15 days if the legislation provides other term, then the contractor has opportunity to establish other completion date)

22. * Contractor of the address and phone number _____________________________________________________________

                                                                                             (First name, middle initial, last name subject's employee(s))

III part. The card filled in case of execution or after execution of the address

23. The appeal is sent (optional, is filled if it is specified) (if the appeal is sent to other body): (1) - in subordinate body, (2) - in higher body, (3) - on jurisdiction, (4) - in state bodies of other countries, (5) - the inquiry is sent in (it is filled in case of sending an inquiry during consideration of the address).

23.1. Code and the name of state body where the address, according to the subitem 3) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About the state services" arrived.

23.2. No. of registration of the address registered in KUI (only for law enforcement and special bodies) ___________________;

23.3. Registration date of the address registered in KUI (only for law enforcement and special bodies) _________________;

24. * The decision according to the address: ___ (appendix 7 to Rules is filled from the reference book)

24.1. * Answer essence to the applicant (no more than 3100 symbols). It is filled in case of filling of detail 24.

______________________________________________________________________________________________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

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