ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 1175

About approval of the Regulations on the Commission on questions of information access

According to the subitem 2) of article 6-1 of the Law of the Republic of Kazakhstan of November 16, 2015 "About information access" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations on the Commission on questions of information access.

2. This resolution becomes effective from the date of its signing.

 

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1175

Regulations on the Commission on questions of information access

Chapter 1. General provisions

1. This Regulations on the Commission on questions of information access (further – the Provision) are developed according to the subitem 2) of article 6-1 of the Law of the Republic of Kazakhstan of November 16, 2015 "About information access" (further – the Law).

2. The commission on questions of information access (further – the Commission) is created for the purpose of accounting and protection of public concerns in the field of information access, and also requirements satisfaction of users of information.

3. The commission is advisory advisory body under authorized body in the field of information access (further – authorized body).

4. Activities of the Commission are performed on the basis of transparency and openness in case of discussion and the solution of the questions incoming its competence.

5. The commission in the activities is guided by 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.

Chapter 2. Main objectives of the Commission

6. The main objectives of the Commission is development of offers on:

1) to questions of information access;

2) to enhancement of the legislation in the field of information access;

3) to question of decrease in excessive document flow by means of placement in open access of information;

4) to ensuring information openness with owners of information.

Chapter 3. Organization of activities of the Commission

7. The structure of the Commission affirms the order of the first head of authorized body or replacement his face.

The Commissions are included:

1) deputies of the Senate and Majilis of Parliament of the Republic of Kazakhstan;

2) representatives of state bodies;

3) representatives of scientific, non-governmental and other organizations, and also the other persons having scientific and expert knowledge in the field of information access.

The total quantity of members of the commission constitutes odd number and at least nine people.

8. Commission chairman is the first head of authorized body.

9. Members of the commission:

1) make offers in the agenda of meeting and the work plan of the Commission;

2) speak at meeting and initiate carrying out vote according to the made offers;

3) examine materials of commission session and receive their copies, make offers on increase in efficiency of activities of the Commission;

4) petition for holding emergency meeting of the Commission;

5) express the special opinion concerning the agenda, state it in writing and attach to the minutes of the Commission;

6) take part in preparation of analytical, survey and reporting materials on providing the right to information access in the Republic of Kazakhstan.

10. The member of the commission is excluded from its structure on the following bases:

1) for health reasons;

2) in case of death or the declaration court the dead;

3) in case of recognition by court it is unknown absent;

4) in case of recognition by court incapacitated or it is limited capable according to the procedure, established by the laws of the Republic of Kazakhstan;

5) in case of not visit of commission session for the disrespectful reasons more than three times within one year;

6) in case of dismissal from state body (organization);

7) in case of liquidation of non-profit organization;

8) in case of the termination of powers of deputies of the Senate and the Majilis of Parliament of the Republic of Kazakhstan;

9) in case of replacement of representatives of state bodies, scientific, non-governmental and other organizations;

10) at own will.

11. Bodies of the Commission:

1) working body;

2) chairman;

3) vice-chairman;

4) secretary.

12. Functions of working body of the Commission are assigned to authorized body.

Working body of the Commission:

1) organizational technical supply carries out works of the Commission, including prepares offers on the agenda of commission session with necessary documents and materials and attaches the draft of the minutes.

Materials and the draft of the protocol in electronic format go the secretary of the Commission to members of the commission in three working days prior to carrying out commission session.

If as a part of the Commission there are members who do not have electronic document management system, materials and the draft of the protocol go by e-mail;

2) develops the agenda of commission session taking into account proposals of members of the commission;

3) reviews requests of users of information for the purpose of generalization and the analysis of practice of implementation of the legislation of the Republic of Kazakhstan in the public relations connected with information access which is not relating to information with limited access;

Requests 4) and obtains necessary information at users and owners of information on the questions relating to activities of the Commission;

5) makes offers in the Government of the Republic of Kazakhstan on enhancement of activities of the Commission;

6) annually, no later than December 15 of the current year, is created by the work plan of the Commission the forthcoming year taking into account proposals of members of the commission;

7) annually, till the February 1 following the accounting period is created by the activities report of the Commission following the results of year;

8) develops methodical recommendations, explanations, comments and other information materials as for owners, and users of information on questions of the sphere of information access;

9) involves specialists, experts and representatives of state bodies, the non-governmental and international organizations to the analysis and studying of the revealed problematic issues in the field of information access;

10) involves in the work, if necessary, the staff of other state bodies;

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