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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

According to Item 1 of article 24 of the Law of the Republic of Kazakhstan of April 6, 2016 "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

These methodical recommendations about determination of standard functions of state bodies (further - methodical recommendations) are developed according to the Law of the Republic of Kazakhstan of April 6, 2016 "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.

1. General provisions

1. Competence of state body is understood as set of the established powers of state body determining subject of its activities;

powers of state body are understood as the rights and obligations of state body;

the rights of state body are understood as opportunity to make certain actions, to demand certain behavior (actions or abstention from making of actions) from other person (other persons);

obligations of state body are understood as circle of actions which accomplishment is obligatory state body;

functions of state body are understood as implementation of activities by state body within the competence.

2. In case of the solution of questions of establishment of functions of state bodies at the legislative and subordinate levels it is necessary to be guided by provisions of Item 3 of article 61 of the Constitution of the Republic of Kazakhstan according to which the laws shall govern the major public relations establishing the fundamental principles and regulations concerning:

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;

11) ensuring defense and safety of the state.

All other relations are governed by bylaws.

3. Establishment of functions of state bodies shall be performed also taking into account that by the normative resolution of the Constitutional Council of the Republic of Kazakhstan of October 15, 2008 No. 8 "About official interpretation of Article 54, of subitems 1) and 3) of Item 3 of Article 61, and also some other regulations of the Constitution of the Republic of Kazakhstan concerning the organization of public administration" it is determined that competence of state bodies is established not only by the Constitution, the constitutional laws and the laws of the Republic of Kazakhstan, but also bylaws.

2. Methodical bases of establishment of functions of state bodies

4. The laws shall contain the regulations establishing the main objectives, functions of state body provided to it for the purpose of proper accomplishment of certain circle of tasks by it and implementation of the corresponding functions first of all concerning interaction of state bodies with physical persons and legal entities and the organizations.

5. The functions providing realization of the main objectives, and also connected with internal procedures of activities of state bodies of their interaction among themselves, as a rule, shall be determined by bylaws.

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. Other types of activity of state body need to be determined, being guided by Item 3 of article 61 of the Constitution of the Republic of Kazakhstan, at the same time providing that the laws shall contain the regulations which are directly regulating the rights and obligations of citizens and legal entities, in particular measures of right restrictive nature.

7. Standard functions of state bodies are divided into 3 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;

3) standard functions which are possible for establishing at the legislative and subordinate levels.

The list of standard functions of state bodies established by these methodical recommendations is not exhaustive.

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

1. Determination of restrictions of rights and freedoms of man and citizen.

2. Realization of state policy in the respective sphere.

3. Providing national, including economic, safety and defense capability of the country.

4. 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.

5. Licensing.

6. Conducting examination in the respective sphere.

7. Determination of the territories in which implementation of any actions or their restriction, including by means of establishment of the mode, borders of activities, zoning of the territory is authorized.

8. Determination of system of measures of social support.

9. Investigation functions.

10. Decision making about provision, allocation of objects of civil property rights.

11. Questions of property compulsory acquisition.

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