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LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 2, 2015 No. 383-V ZRK

About public councils

(as amended on 03-07-2019)

This Law determines legal status, procedure for forming and the organization of the activities of public councils directed to realization of state policy on forming of the state, accountable before the population, ensuring broad participation of non-profit organizations, citizens in decision making of all levels by state bodies.

Chapter 1. General provisions

Article 1. Legal status of public councils

1. Public councils - the advisory and consultative, supervisory bodies formed by the ministries, bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan and also bodies of local public administration concerning their competence, except for the state bodies specified in part two of this Item together with non-profit organizations, citizens.

Public councils are not formed with participation of the Supreme Court of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, bodies of prosecutor's office, Administration of the President of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan, the Ministry of Defence of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, Prime minister's department of the Republic of Kazakhstan, Management of material logistics, the National center for human rights of the Republic of Kazakhstan, Calculating committee on control of execution of the republican budget, Central Election Commission of the Republic of Kazakhstan, the Supreme Judicial Council of the Republic of Kazakhstan, authorized body on regulation, control and supervision of the financial market and financial institutions, special state bodies of the Republic of Kazakhstan.

2. The advisory and consultative, supervisory bodies under state bodies formed in other procedure than it is provided by this Law, and non-profit organizations cannot have the name "public council" and have in full the powers established by this Law.

3. Public councils are created according to the procedure, provided by this Law.

4. Public councils are formed at two levels - republican and local. Public councils are autonomous and independent. Interaction between public councils is performed according to the procedure, provided by this Law.

5. The public councils formed by the ministries, bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan, except for the state bodies specified in part two of Item 1 of this Article together with non-profit organizations, citizens treat the republican level of public councils.

6. Public councils of the corresponding administrative and territorial unit treat public councils of local level. At the same time functions of Public council at the level of the village, the settlement, the rural district, the city of district value are assigned to meeting of local community.

7. The number of representatives of civil society in Public council shall make at least two thirds of total number of his members.

8. Recommendations of public councils are obligatory for consideration by state bodies which make stipulated by the legislation decisions of the Republic of Kazakhstan and give motivated answers.

9. Responsibility for social and economic development and the state of affairs in the respective region, industry, field of activity cannot be assigned to Public council and remains behind state bodies.

Article 2. Legislation of the Republic of Kazakhstan on public councils

1. The legislation of the Republic of Kazakhstan on public councils is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Purpose and tasks of public councils

1. The purpose of activities of public councils is expression of opinion of civil society on socially significant questions.

2. Tasks of public councils are:

1) representation of interests of civil society and accounting of opinion of the public in case of discussion and decision making at the republican and local levels;

2) development of interaction of the central and local executive bodies and local government bodies with civil society;

3) organization of public control and ensuring transparency of activities of the central and local executive bodies and local government bodies.

Article 4. Principles of activities of public councils

Public councils perform the activities on the basis of the following principles:

1) activities on a voluntary basis;

2) autonomies;

3) independence;

4) publicity;

5) periodic rotation of their members.

Article 5. Powers of public councils at the republican and local levels of public administration

1. At the republican and local levels of public administration treat powers of public councils:

1) discussion of drafts of budget programs of the administrator of budget programs, drafts of strategic plans or development programs of the territories, drafts of the state and government programs;

2) discussion of accomplishment of budget programs of the administrator of budget programs, strategic plans or development programs of the territories, state and government programs;

3) discussion of reports of executive bodies on achievement of target indicators;

4) discussion of reports of the administrator of budget programs about implementation of budget programs, about execution of plans of receipts and expenses of money from sales of goods (works, services), about receipt and expenditure of money from charity;

5) participation in development and discussion of projects of the regulatory legal acts concerning the rights, freedoms and obligations of citizens, except for projects of regulatory legal acts of the central and local executive bodies, and also the akims providing decision making about establishment (cancellation) of quarantine zone with introduction of the quarantine mode in the corresponding territory about establishment (removal) of quarantine and (or) restrictive actions in cases stipulated by the legislation the Republic of Kazakhstan in the field of veterinary science, and also the announcement of emergency situation of natural and technogenic nature;

6) consideration of appeals of physical persons and legal entities concerning enhancement of public administration and the organization of transparent work of the state apparatus, including observance of regulations of office ethics;

7) development and entering into state bodies of suggestions for improvement of the legislation of the Republic of Kazakhstan;

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