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The document ceased to be valid since  July 30, 2023 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of July 13, 2023 No. 560

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2016 No. 489

About approval of methodical recommendations about determination of standard functions of state bodies

(as amended of the Order of the Government of the Republic of Kazakhstan of 23.01.2023 No. 33)

According to Item 1 of article 24 of the Law of the Republic of Kazakhstan "About legal acts" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed methodical recommendations about determination of standard functions of state bodies.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of August 24, 2011 No. 951 "About approval of Methodical recommendations about determination of standard functions of state bodies".

3. This resolution becomes effective from the date of its signing and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

 

Approved by the Order of the Government of the Republic of Kazakhstan of August 31, 2016 No. 489

Methodical recommendations about determination of standard functions of state bodies

Chapter 1. General provisions

1. These methodical recommendations about determination of standard functions of state bodies (further – methodical recommendations) are developed according to Item 1 of article 24 of the Law of the Republic of Kazakhstan "About legal acts" and are intended for application in rule-making activities in case of the solution of questions of establishment of functions of state bodies at the legislative and subordinate levels.

2. In the laws the functions of state bodies constituting basis of their organization and activities, and also function which realization affects the major public relations specified in Item 3 of article 61 of the Constitution of the Republic of Kazakhstan shall be established:

1) legal personality of physical persons and legal entities, civil laws and freedoms, obligations and responsibility of physical persons and legal entities;

2) mode of property and other corporeal rights;

3) bases of the organization and activities of state bodies and local government bodies, public and military service;

4) taxation, establishment of charges and other obligatory payments;

5) republican budget;

6) questions of judicial system and legal proceedings;

7) educations, healthcare and welfare;

8) privatizations of the companies and their property;

9) environmental protections;

10) administrative-territorial device of the Republic of Kazakhstan;

11) ensuring defense and safety of the state.

All other relations are governed by bylaws.

3. The laws contain functions of the Government of the Republic of Kazakhstan on the questions requiring joint decision and which have interdepartmental character; general power of the central state bodies on acceptance of regulatory legal acts; functions of local representative and executive bodies.

4. In the laws basic provisions in the regulated sphere – the purposes, tasks, the principles, competences and powers of regulation of the corresponding industry (sphere), and also the basic concepts, coverage, objects and subjects of legal relationship, their rights and obligation, measure of right restrictive nature, responsibility for violation of the legislation, restriction in the regulated sphere, control of compliance with the law, financing are established from the state (guaranteeing and the guarantee of loans, rendering measures of the state support, subsidizing) and other major provisions.

5. The functions providing realization of the main objectives, and also connected with internal procedures of activities of state bodies, their interactions among themselves, directed to disaggregation and realization of basic provisions of the law are determined by bylaws.

At the subordinate level functions which implementation does not affect the public relations listed in Item of 2 presents of methodical recommendations are established.

At the same time functions of state body at the subordinate level shall be established in the regulatory legal acts adopted by the President, the Government and higher central state body in relation to it.

6. Standard functions of state bodies are divided into 2 groups:

1) standard functions of state bodies which need to be established at the level of the law;

2) standard functions of state bodies which need to be established at the subordinate level.

The list of standard functions of state bodies, the stipulated in Item 8 presents of methodical recommendations, is not exhaustive.

Chapter 2. The standard functions of state bodies established at the level of the law

7. At the level of the law it is recommended to establish the following functions of state bodies on:

1) to establishment of the rights, obligations of physical persons and legal entities, including limits of their restrictions;

2) to interaction with physical and non-state legal entities;

3) to ensuring national, including economic, public safety, defense capability of the country, protection of the state secrets;

4) to implementation of ministerial procedure (establishment of the rights and obligations of the Parties within ministerial procedure);

5) to forming of mechanisms of implementation of the state control and supervision:

identification, elimination of the reasons and conditions of violations of the law by checks and other forms of control regarding compliance of activities of physical persons and legal entities to the requirements established by the legislation;

acceptance of legal measures of impact by results of checks;

6) to establishment of requirements to receivers of permissions and licensees, conditions of issue of permissions, licenses;

7) to questions of property compulsory acquisition;

8) to determination of the bases and conditions of carrying out inspection, survey in the respective sphere;

9) to management of state-owned property.

Chapter 3. The standard functions of state bodies established at the subordinate level

8. At the level of bylaws it is recommended to establish the following functions of state bodies on:

1) realization of state policy in the respective sphere;

2) to determination of procedure for rendering the state services;

3) organizations of utilization, destruction of certain goods, substances, animal;

4) the organizations of preparation, advanced training and retraining of personnel in the respective area;

5) to involvement of experts, consultants;

6) to approval of standard rates (material security), regulations of requirement, quotas, to their distribution;

7) to approval of projects, schemes, schedules, expenses, to cost recovery;

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