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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 10, 2002 No. 1300

About Regulations of the Government of the Republic of Kazakhstan

(as amended on 18-03-2021)

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations of the Government of the Republic of Kazakhstan.

The temporary Regulations of the Government of the Republic of Kazakhstan regulate interaction during pilot project of Prime minister's department of the Republic of Kazakhstan, the Ministries for Investments and Development, information and communications, finance of the Republic of Kazakhstan, akimat of the city of Astana concerning paperless clerical work according to drafts of the orders of the Government.

2. Bring the following changes and amendments in some decisions of the Government of the Republic of Kazakhstan:

1) ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 16.09.2011 No. 1067

2) ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 29.12.2016 No. 904;

3) in the order of the Government of the Republic of Kazakhstan of January 31, 2001 No. 168 "About approval of some instructions":

add with Item 1-1 of the following content:

"1-1. Determine that requirements of the specified instructions are obligatory for all state bodies regarding them concerning.";

in the Instruction on clerical work in Prime minister's department of the Republic of Kazakhstan approved by the specified resolution:

to state paragraph two of Item 12 in the following edition:

"The drafts of the orders of the Government and orders of the Prime Minister introduced to Office, and also appendices to them shall be initialed polistno by the first head of state body of developer of the project or person fulfilling its duties.";

in Item 17 of the word "Ministry of Finance, Ministry of Economics" shall be replaced with words "Ministry of Economy and Budget Planning";

state Item 22 in the following edition:

"22. Terms of conducting examination (including preparation of the conclusions) according to drafts of the orders of the Government and orders of the Prime Minister in Office are established by Regulations of the Government.

Terms of passing of projects to Offices, including examination, (of day of registration of the project before delivery of the signed document on release) shall not exceed: for drafts of the orders of the Government and bills - 15 working days, for drafts of orders of the Prime Minister - 10 working days. Due to the large volume and complexity of the text of projects terms of passing can be extended by the Head of Office or person fulfilling its duties.";

in paragraph one of Item 89 of the word "about procedure for preparation and coordination of projects of regulatory legal acts of the Government and the Prime Minister and rules of their registration" shall be replaced with words "on execution of drafts of the orders of the Government and orders of the Prime Minister of the Republic of Kazakhstan";

the second offer of Item 90 to exclude;

in paragraph three of Item 104 of the word "to the ministries and departments," to exclude;

in Items 137, 140 and in Item 1 of appendix 12 to the Instruction on clerical work in Prime minister's department of the Republic of Kazakhstan to replace abbreviation of RGP with abbreviation of RGKP;

in the Instruction on clerical work using computer aids in Prime minister's department of the Republic of Kazakhstan approved by the specified resolution:

in the subitem 2) of Item 17 after words "Republican state" to add with the word of "state";

in the Instruction on the organization of control of execution of documents in Prime minister's department of the Republic of Kazakhstan, the central and local executive bodies approved by the specified resolution:

in Item 1 after words of "The head of Office, his deputies" to add with words ", appeals of Chambers of Parliament with request to draw the conclusion of the Government on the bills initiated by deputies,", words" (further - control documents)" to exclude;

in Item 2 of the word "completion dates" to replace with the word "execution";

state Item 3 in the following edition:

"3. Coordination of examination in Prime minister's department of the Republic of Kazakhstan (further - Office) is performed by Inspection department and documentary providing which takes on control the following documents (further - control documents):

1) acts of the President of the Republic of Kazakhstan in which instructions are given to the Government or its management;

2) the orders of the Government, protocols of meetings of the Government, orders of the Prime Minister in which are available orders to state bodies and the organizations;

3) orders (including containing in protocols of meetings and actions plans) the President to the Government or its management, the Prime Minister, his deputies, the management of Presidential Administration and the Head of Office or person replacing it in whom completion dates are specified or are available instructions about capture on control, marks "urgently", "report", "make offers", and also orders which of content need of their statement on control follows;

4) requests of deputies of Parliament of the Republic of Kazakhstan, the appeal of Chambers of Parliament with request to draw the conclusion of the Government on the bills initiated by deputies.";

add Item 8 with the offer of the following content:

"Structural divisions - collaborators of orders make the offers to the division performing the code not later than one day before the expiration of fixed term of execution of the order.";

Item 12 in paragraph one:

after the words "Term of Conducting Examination" to add with words of "answers (reports)";

words", and for bills - ten days from the date of their registration in Office" to exclude;

state Item 21 in the following edition:

"21. Removal from control, prolongation of completion dates and submission of answers (reports) on execution of control documents is performed according to Regulations of the Government of the Republic of Kazakhstan.";

22, of 23, 24 and 25 to exclude Items;

in the Instruction about procedure for consideration of addresses of citizens and control of their execution approved by the specified resolution:

add with Item 16-1 of the following content:

"16-1. Control of terms of consideration of letters and addresses of citizens and execution of orders of the Management to them performs Inspection department and documentary providing Office.";

17, of 18, of 19, of 20, 22 and 23 to exclude Items;

state Item 21 in the following edition:

"21. Heads of the central and local executive bodies and their deputies carry out personal reception of citizens directly in the bodies headed by them according to the order of the Government of the Republic of Kazakhstan of September 4, 2002 No. 974 "About the organization of reception of citizens in the central and local executive bodies of the Republic of Kazakhstan".

3. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix.

4. This resolution becomes effective since January 1, 2003.

Prime Minister of the Republic of Kazakhstan

I. Tasmagambetov

Approved by the Order of the Government of the Republic of Kazakhstan of December 10, 2002, No. 1300

Regulations of the Government of the Republic of Kazakhstan

Chapter 1. General provisions

1. The government of the Republic of Kazakhstan (further - the Government) is collegiate organ, performs the executive authority of the Republic of Kazakhstan, heads system of executive bodies and directs their activities.

2. Activities of the Government are regulated by the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About the Government of the Republic of Kazakhstan", other regulatory legal acts of the Republic of Kazakhstan and these Regulations.

3. Information and analytical, organization-legal, documentary and other ensuring activities of the Prime Minister of the Republic of Kazakhstan (further - the Prime Minister) and the Governments is performed by Prime minister's department of the Republic of Kazakhstan (further Office).

4. The organization and maintaining confidential and unclassified clerical work, acceptance, processing and distribution of correspondence addressed to the Prime Minister, his deputies and the Head of Office including the messages arriving on various communication channels and data transmission are performed by Office according to the procedure, established by the Government.

4-1. Representation of interests of the Government in Parliament of the Republic of Kazakhstan and ensuring its permanent interaction with legislative branch of the power are performed by Representative office of the Government in Parliament of the Republic of Kazakhstan.

5. Representation and protection of interests of the Government and the Prime Minister in courts at the request of the Prime Minister, his deputies or the Head of Office, and also participation in the constitutional production at the request of the Prime Minister are performed by that state body whose competence the questions which became trial subject enter. The Ministry of Justice gives to the relevant state body legal and consulting assistance.

In case of initiation of trials in the international arbitrations and foreign vessels which are carried out abroad with participation of state bodies of the Republic of Kazakhstan, the state body whose competence the questions which are trial subject enter notifies the Ministry of Justice of the Republic of Kazakhstan on trials in international arbitrations and foreign vessels.

6. Official interpretation of regulatory legal acts of the Government is performed at the request of the Government or the Prime Minister by the Ministry of Justice.

7. The solution of the personnel problems entering competence of the Government is performed according to the legislation of the Republic of Kazakhstan.

8. The Prime Minister, his deputies and the Head of Office on the questions entering their competence can give obligatory for execution of the order to heads of all state bodies and organizations of the Republic of Kazakhstan without preliminary coordination with them.

By preparation of drafts of orders are considered:

1) development of the brought-up questions;

2) compliance to strategic and program documents;

3) effectiveness and efficiency (the specific resulting effect is specified);

4) reality of completion dates;

5) economic feasibility and resource capability;

6) lack of duplication with other orders.

8-1. In case of control when implementation of acts and orders of the President of the Republic of Kazakhstan is assigned to two and more state bodies within their competences, and also it is directed to forming and realization new or change of the available approaches, regulations and rules in any industry / sphere / region which have complex and interdepartmental character, with completion date over six months:

1) the state body contractor if necessary approves the concept of execution of acts and orders of the President of the Republic of Kazakhstan developed by Presidential Administration;

2) based on the concept on execution of acts and orders of the President of the Republic of Kazakhstan the state body contractor within ten working days after approval of the concept develops the plan of organizational actions (road map).

At the same time the plan of organizational actions (road map) is not developed under acts and orders of the President of the Republic of Kazakhstan which realization is enabled according to the procedure, established by the legislation.

In the presence of the initiatives entering competence of the Government and directed addressed to the President of the Republic of Kazakhstan, the central executive bodies provide their submitting for examination to Office.

8-2. The plan of organizational actions (road map) contains operations procedure of the state body contractor and collaborators with determination of completion dates, and also with indication of target and high-quality quantitative indices of results of execution of the act or order of the President of the Republic of Kazakhstan.

The plan of organizational actions (road map) which developer is the central state body directly subordinate and accountable to the President of the Republic of Kazakhstan or not entering into structure of the Government, affirms his first head after coordination with Administration of the President of the Republic of Kazakhstan (further - Presidential Administration) and the Prime Minister (person fulfilling its duties) or the official authorized by it, as cases if the plan of organizational actions (road map) affects powers of the Government.

The plan of organizational actions (road map) which developer is other state body (organization) affirms the Prime Minister (person fulfilling its duties) or the deputy prime minister authorized by it after coordination with Presidential Administration.

8-3. In case adoption of the plan of organizational actions (road map), approval by state bodies of plans of organizational actions for implementation of acts and orders of the President of the Republic of Kazakhstan is not required.

8-4. In case of lack of the plan of organizational actions (road map), the decision of the first head of the state body contractor (organization) if necessary the actions plan on implementation of acts and orders of the President of the Republic of Kazakhstan affirms.

8-5. When scheduling actions for execution of acts and orders of the President of the Republic of Kazakhstan which contractor is the Government, coordination of their execution by the corresponding deputy prime ministers is provided.

8-6. Officials of the state bodies contractors (organizations) and state bodies collaborators (organizations) bear the personal responsibility for low-quality and untimely execution of the instructions given them.

8-7. Reports and drafts of the conclusions on implementation of state programs are heard in the Government of the Republic of Kazakhstan with the invitation of deputies of Parliament of the Republic of Kazakhstan, members of Calculating committee on control of execution of the republican budget of the Republic of Kazakhstan and representatives of public councils.

Reporting information on the course of implementation of strategic and program documents is submitted in Presidential Administration in form and in the terms determined by the order of the Government of the Republic of Kazakhstan of November 29, 2017 No. 790 "About approval of System of state planning in the Republic of Kazakhstan.

8-8. Information sent by the Government about the course of implementation of acts and orders of the President of the Republic of Kazakhstan to Presidential Administration is signed by the corresponding deputy prime minister or the Head of Office according to it to instructions.

8-9. The final information sent by the Government to the President of the Republic of Kazakhstan on execution or impossibility of performance of acts and orders of the President of the Republic of Kazakhstan is signed by the Prime Minister (person fulfilling its duties) or his deputy.

8-10. If Items of acts and/or orders of the President of the Republic of Kazakhstan cannot be executed at the scheduled time, the head of the state body contractor (organization), and in cases if powers of the Government are affected, - after coordination with the Prime Minister (person fulfilling its duties) or his deputy no later than fixed term introduces the letter to Presidential Administration with indication of current status of execution, the reasoned reasons for need of prolongation of completion date or its transfer to medium-term or long-term control. At the same time specific completion date, responsible political government employees of the state body contractor, and also the state bodies collaborators and officials of the organizations are specified.

According to the orders specified in Item 36-1 of Rules of preparation, coordination and representation consideration of the President of the Republic of Kazakhstan of the draft of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, preparation, coordination and representation for the signature of drafts of acts and orders of the President of the Republic of Kazakhstan, implementation of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, control of execution of acts and orders of the President of the Republic of Kazakhstan and carrying out monitoring of the normative legal presidential decrees of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of April 27, 2010 No. 976 (further - Rules) which cannot be executed at the scheduled time, the head of the state body contractor (organization) no later than fixed term introduces the letter to management of the Government or to the Head of Prime minister's department with indication of current status of execution, the reasoned reasons for need of prolongation of completion date or its transfer to medium-term or long-term control. The government notifies Presidential Administration on the decision made according to the letter no later than ten working days.

Prolongation of completion dates of Items of acts and/or orders of the President of the Republic of Kazakhstan or their transfer to medium-term or long-term control, except for the orders specified in Item 36-1 of Rules are allowed no more once according to the decision of the President of the Republic of Kazakhstan or the Head of Presidential Administration based on the expert opinion of structural division of Presidential Administration.

Prolongation of completion dates of the orders specified in Item 36-1 of Rules, or their transfer to medium-term or long-term control are allowed no more once according to the decision of the Prime Minister or his deputy.

8-11. Repeated prolongation of completion date of Items of acts and/or orders, except for the orders specified in Item 36-1 of Rules is allowed in exceptional cases according to the decision of the President of the Republic of Kazakhstan or the Head of Presidential Administration with consideration of question of disciplinary responsibility of political government employees and responsible officials of the organizations.

Repeated prolongation of completion dates of the orders specified in Item 36-1 of Rules is allowed in exceptional cases according to the decision of the Prime Minister or his deputy with consideration of question of disciplinary responsibility of political government employees and responsible officials of the organizations.

The offer on repeated prolongation of acts and orders of the President of the Republic of Kazakhstan with completion date is introduced over three months in Presidential Administration by the state body contractor (organization), and in cases if powers of the Government are affected, - after coordination with the Prime Minister (person fulfilling its duties) or his deputy no later than fifteen working days before the expiration of its execution.

The offer on repeated prolongation of the orders specified in Item 36-1 of Rules with completion date is introduced over three months in the address of management of the Government or to the Head of Prime minister's department by the state body contractor (organization) no later than fifteen working days before the execution expiration.

The responsible structural division of Prime minister's department no later than ten working days from the moment of receipt of this offer performs concerning clarification of the reasons of non-execution of the order and by its results prepares the expert opinion.

8-12. Questions of course of execution of acts and orders of the President of the Republic of Kazakhstan at least once a half-year are considered at meeting of the Government, boards of state bodies and meetings of the organizations.

8-13. Following the results of quality evaluation of execution of acts and orders Inspection department and documentary providing jointly with structural divisions of Office carries annually out inventory count (audit) of all orders of the Management of the Government on compliance to qualifying standards.

8-14. Following the results of the carried-out inventory count the Inspection department and documentary providing makes offers on consideration of disciplinary responsibility for non-compliance with requirements of part two of Item 8 of these Regulations of officials of structural divisions of Office, and also the state bodies responsible for preparation and coordination of acts or orders.

8-15. Responsibility for timeliness and workmanship of acts and orders of the Head of state, the First President of the Republic of Kazakhstan - Elbasa and the Prime Minister in state bodies is assigned to the first heads of state bodies.

8-16. Responsibility for reliability and timeliness of placement of information on the intranet portal of state bodies (further - IPGO) according to orders of the Management of the Government is assigned to the first heads of state bodies.

9. Because the order of the Government shall express his collective legitimate opinion according to drafts of resolutions, and also according to drafts of the laws, acts of the President of the Republic of Kazakhstan, the conclusions of the Government on the bills initiated by deputies of Parliament vote of members of the government is taken.

According to the conclusions of the Government to amendments of deputies of Parliament on the bills initiated by the Government vote of members of the government is also taken.

10. Interagency coordination of activities of offices of the ministries is performed by the Head of Office by holding meetings with heads of offices of state bodies and the corresponding orders of the Head of Office.

Chapter 2. Consideration of incoming correspondence

11. Correspondence (including the arriving electronic documents certified by the digital signature (further - the EDS), addressed to the Prime Minister, his deputies (further - the Management of the Government) and to the Head of Office, drawn up with use of templates of electronic documents, in state language (the option in Russian is in case of need put) previously is considered by Office.

Consideration and passing of the entering, outgoing (internal) correspondence and other in-house documents are performed according to the laws of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures", of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities", of November 16, 2015 "About information access", this Regulations, the Instruction on clerical work in Prime minister's department of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of January 31, 2001 No. 168 (further - the Instruction on clerical work in Office), and the Rules of documentation, management of documentation and uses of electronic document management systems in the state and non-state organizations approved by the order of the Government of the Republic of Kazakhstan of October 31, 2018 No. 703.

Are not allowed publication in open seal, transfer on radio and television, the Internet of the in-house documents of Office directed by means of ESEDO or on papers to state bodies, the organizations of the quasi-public sector, National chamber of entrepreneurs of Atameken.

12.  No. 1155 is excluded according to the Order of the Government of the Republic of Kazakhstan of 31.12.2015

13. Office go:

to akims of areas and Nour-Sultan's cities, Almaty and Shymkent - according to the address of akims of areas and cities of regional value, the akims of districts of the cities of Nour-Sultan, Almaty and Shymkent, akims of districts of the cities of district value, akims of settlements, auls (villages), aulny (rural) districts who are not approved with them and the relevant state bodies;

to the relevant state body for consideration on the merits with the subsequent notification of the author of the letter, the address and requests of the legal entities and physical persons addressed to management of the Government on the questions which are within the competence of the central and local executive or other state bodies, and the solutions of the Government which are not requiring acceptance on them or the Prime Minister.

14. The Governments addressed to the Management and Head of Office the documents signed by the first head of state body (organization) or person to who fulfillment of duties of the first head, in the presence of the relevant order is officially assigned are accepted by office.

The letters directed to the Prime Minister including on personnel problems, are accepted only signed by the first head.

Introduction of correspondence addressed to the Prime Minister signed by person, the acting as the first head of state body, in cases of absence of the first head because of departure in business trip, stays on the sick-list, on leave is allowed.

At the same time earlier introduced correspondence signed by the acting as the first head of state body is subject to repeated signing by the first head of state body and repeated entering into Office into one-day term from the date of its entry into work.

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