THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of April 28, 2015 No. 146

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. Recognize invalid:

1) 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" (No. 198-199 (27472-27473)) published in the Kazakhstanskaya Pravda newspaper of June 12, 2013 is registered in the Register of state registration of regulatory legal acts No. 8484,;

2) the order of the Chairman of the Agency of the Republic of Kazakhstan for public service of July 26, 2013 No. 06-7/106 "About modification and amendments in 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"" (No. registered in the Register of state registration of regulatory legal acts 8679, No. 282 published in the Kazakhstanskaya Pravda newspaper of September 26, 2013 (27556)).

3. And to anti-corruption in the procedure established by the legislation to provide to department of public service and prevention of corruption of the Agency of the Republic of Kazakhstan for public service state registration of this order and its official publication.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of Akhmetzhanov S. K.

5. This order becomes effective after ten calendar days from the date of its first official publication.

It is approved Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan April 28, 2015

A.A's smiles.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of April 28, 2015 No. 146

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 of control by the Agency of the Republic of Kazakhstan for public service and to anti-corruption (further - the Agency) and its territorial subdivisions of activities 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) make to the checked subjects offers on improvement of quality of the state services, including elimination of the revealed violations, and also 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;

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

4) in case of monitoring procedure use information provided by physical persons, non-profit organizations by results of public monitoring of quality of rendering the state services.

2. Procedure for the organization and conducting check

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

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

2) results of assessment of risk degree, analysis of the reporting, results of other forms of control;

3) 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. Activities of the central state bodies are performed 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 competence, and also the staff of the Agency at the request of management of the Agency.

It is performed based on the act of purpose of check issued by the first heads of the Agency and its territorial subdivisions or persons fulfilling their duties in the form approved by the order of the Attorney-General of the Republic of Kazakhstan of June 19, 2013 No. 63 "About approval of Rules of registration of acts of purpose of checks, notifications on suspension, renewal, prolongation of terms of checks, on change of list of participants and provision of information accounting documents on checks and their results" (it is registered in the Register of state registration of regulatory legal acts No. 8518) (further - the order No. 63).

7. The term of conducting check is established taking into account amount of the forthcoming works, objectives and shall not exceed thirty working days with registration in authorized body on legal statistics and special accounting.

8. In connection with considerable amount of check the term of conducting check is prolonged only once by the first heads of the Agency and its territorial subdivisions or persons fulfilling their duties for the term of no more than thirty working days. In case of prolongation of review periods the additional act of prolongation of check with registration in authorized body on legal statistics and special accounting in which number and registration date of the previous act of purpose of check and the prolongation reason are specified is drawn up.

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 check in the terms established by the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan" of January 6, 2011 No. 377-IV (further - the Law).

11. The beginning of conducting check date of delivery to the checked subject of the act of purpose of check is considered.

12. In case of refusal in acquaintance with the act of purpose of check or hindrance to access to the checking person (persons), to the materials necessary for conducting check, the relevant protocol in any form 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, the written explanation about cause of failure is without delay provided to them or in the protocol the mark about refusal becomes. The refusal of acquaintance with the act of purpose of check is not the basis for check cancellation.

13. Check stops once for the term of no more than one month.

In cases of need of receipt of data and documents from the foreign states having essential value within performed, carrying out special researches, testing, examinations for the terms over one month, term of conducting check stops before their obtaining or accomplishment.

The notification of the checked subject on suspension or renewal of check is made according to article 20 of the Law.

In case of suspension or renewal of check the act of suspension or renewal of check in the form approved by the order No. 63 is taken out.

Calculation of term of conducting the suspended check continues from the date of its renewal.

3. Procedure for registration of check

14. 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, 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).

15. 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 act of purpose of check is considered.

16. In case of refusal of the checked subject to sign the act of results of check, the checking person (persons) constitutes the relevant protocol in any form 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.

17. The act of results of check 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 within five working days.

18. The management of the Agency or its territorial subdivision by results of consideration of materials and the act of results 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.

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