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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 1191

About approval of standard requirements to procedure for the organization and carrying out public hearings

According to Item 3 of article 21 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 requirements to procedure for the organization and carrying out public hearings.

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. 1191

Standard requirements to procedure for the organization and carrying out public hearing

1. General provisions

1. These Standard requirements to procedure for the organization and carrying out public hearing (further - Standard requirements) are developed according to Item 3 of article 21 of the Law of the Republic of Kazakhstan of November 2, 2015 "About public councils" (further - the Law) and establish standard requirements to procedure for the organization and carrying out public hearings.

2. In these Standard requirements the following basic concepts are used:

1) public hearing - the procedure of public control performed by means of holding meeting for public discussion:

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

projects of the regulatory legal acts concerning the rights, freedoms and obligations of citizens;

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;

socially significant decisions of state bodies concerning their compliance to public concerns;

2) authorized body - the republican or local state body determined by Items 5 and 6 of article 1 of the Law of the Republic of Kazakhstan "About public councils";

3) the commission on activity (further - the commission) - the collegiate organ created by public council from among his members, performing including organizational actions for preparation and carrying out public hearings;

4) invited - representatives of state bodies, mass media, scientific, trade-union and other organizations, and also the experts and other specialists invited according to the decision of Public council for participation in public hearing.

2. Standard requirements to procedure for the organization of public hearing

3. Public hearing is carried out at the initiative of members of Public council. The decision on carrying out public hearing is entered in the minutes of Public council.

4. Public hearing is carried out by Public council to the terms coordinated with the republican or local state body determined by Items 5 and 6 of article 1 of the Law.

5. In the decision on carrying out public hearing are specified:

1) subject of public hearing;

2) date;

3) the commission which will perform preparation and carrying out public hearing, and also development of recommendations following the results.

6. Based on the decision of Public council on carrying out public hearing the head of authorized body or the official authorized by it no later than five working days from the date of decision making determine the structural division responsible for implementation organizational and material logistics of activities of the commission on preparation of carrying out public hearing.

7. The commission performs preparation and carrying out public hearing in the following procedure:

1) is determined by the list of the specific questions submitted for discussion on subject of public hearing;

2) is constituted by the work plan, distributes obligations between members of the commission, determines the list of tasks by preparation of carrying out public hearing;

3) no later than thirty days before the appointed date provides the publication of subject and the list of questions of public hearing in mass media and on Internet resources of authorized body.

By consideration at public hearing of the project of regulatory legal act its complete text is also published for acquaintance of the population, but not later than ten calendar days about day of its carrying out;

4) is determined by the list of invited and sends it official appeals with application of copies of all documents submitted for public hearing with request to make the recommendations and offers on the questions submitted for discussion;

5) assists participants of public hearing in receipt of information necessary for them for preparation of recommendations about scope of public hearing;

6) will organize preparation of the draft of the final protocol in form according to appendix to these Standard requirements consisting of recommendations and offers on each of the questions submitted for public hearing;

7) is notified by the population on carrying out public hearing no later than ten days before date of its carrying out. The published information contains data on subject and questions of public hearing, time and the venue of hearing, contact information of the commission;

8) registers participants of public hearing.

8. The participants of public hearing having the right to performance are invited also the citizens registered on performance before its beginning.

The citizens who were registered before its beginning can take part in the public hearing which is carried out at the republican level.

The population of the corresponding administrative and territorial unit which was registered before its beginning can take part in the public hearing which is carried out at the local level.

3. Standard requirements to procedure for carrying out public hearing

9. Before public hearing the commission registers participants.

10. The chairman of Public council (or person, it replacing) (further - the chairman) opens public hearing, discloses subject of its carrying out, the agenda, the regulations for performances of participants.

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