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The document ceased to be valid since April 5, 2021 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of March 18, 2021 No. 151

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 1194

About approval of the Standard regulations on Public council

(as amended on 24-08-2018)

According to Item 5 of article 8 of the Law of the Republic of Kazakhstan of November 2, 2015 "About public councils" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Standard regulations on Public council.

2. This resolution becomes effective from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1194

Standard regulations on Public council

Chapter 1. General provisions

1. This Standard regulations on Public council (further - the Standard provision) are developed according to Item 5 of article 8 of the Law of the Republic of Kazakhstan of November 2, 2015 "About public councils" (further - the Law).

2. 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, special state bodies of the Republic of Kazakhstan.

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

4. Public councils in the activities are guided by the Constitution, the laws corresponding to it, acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Standard provision.

Chapter 2. Procedure for creation of working group on forming of Public council

Paragraph 1. Procedure for selection of workgroup members on forming of Public council, terms of its carrying out

5. The structure of the working group on forming of Public council (further - working group) is created of number of representatives of state bodies and on competitive basis from among representatives of non-profit organizations, citizens according to the procedure, established by the Law.

6. The quantitative structure of the working group is determined at the republican, local levels by the head of state body before carrying out tender by selection of workgroup members.

The representation from state body as a part of working group cannot exceed one third of total number of workgroup members. The staff of this representation is determined by the head of state body independently.

The representation from civil society constitutes at least two thirds of total number of workgroup members and is created on the basis of offers of non-profit organizations and citizens.

7. The structure of the working group at the republican level affirms the decision of the first head of the relevant state body, and at the local level - the head of local representative body. The head of working group appoints the secretary - the head of the structural unit of state body to whom execution of functions of working body of Public council is assigned.

8. The state body at the republican or local levels publishes in mass media and (or) places on the Internet resource the announcement of carrying out tender on selection of workgroup members with indication of quantitative structure of the working group of number of representatives of state bodies and non-profit organizations, citizens, submission due dates of documents, and also post and electronic addresses to which documents go.

9. The term of carrying out tender constitutes ten working days after date of publication of the announcement of tender.

10. Citizens, representatives of non-profit organizations, persons interested to take part in tender, file at the scheduled time the following documents:

1) the statement in form according to appendix 1 to this Standard provision;

2) the written offer of non-profit organization on nomination of candidate (in the presence) in workgroup members;

3) copy of the identity certificate of the citizen of the Republic of Kazakhstan.

11. After the termination of term of documents acceptance within one working day the candidate list in working group is created.

12. Within five calendar days after the end of forming of the candidate list the meeting of working group with participation of candidates for working group is held. For ensuring transparency and objectivity at meeting of working group there can be observers from among representatives of non-profit organizations and mass media.

The state body at the republican or local levels along with the announcement of carrying out tender on selection of workgroup members publishes in mass media and (or) places on the Internet resource the announcement of carrying out selection on forming of the list of observers with indication of submission due dates of documents, and also postal and e-mail addresses to which documents go.

For presence at meeting of working group as the observer person who showed willingness to be the observer provides in state body or sends to e-mail the statement for participation as the observer on tender on selection of workgroup members on forming of Public council, in form according to appendix 2 to this Standard provision.

13. Alternate members of working group, observers are notified on time and the venue of meeting of working group by state body at the republican level - the central state body or at the local level local representative body in three working days prior to holding meeting.

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