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The document ceased to be valid since  February 17, 2017 according to Item 2 of the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of December 8, 2016 No. 78

ORDER OF THE MINISTER OF CASES OF PUBLIC SERVICE OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2016 No. 35

About approval of Rules of the state control of quality of rendering the state services

According to the subitem 3) article 7 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics", PRIKAZYVAYU:

1. Approve Rules of the state control of quality of rendering the state services.

2. Declare invalid the order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of April 28, 2015 No. 146 "About approval of rules of control of quality of rendering the state services" (it is registered in the Register of state registration of regulatory legal acts No. 11253, published in information system of law of Ad_let on July 8, 2015).

3. To department of the state services of the Ministry of cases of public service of the Republic of Kazakhstan (Mukashev A. K.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of cases of public service of the Republic of Kazakhstan;

4) within five working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in reference control bank of regulatory legal acts of the Republic of Kazakhstan.

4. To impose control of execution of this order on the vice-minister of cases of public service of the Republic of Kazakhstan supervising questions of control and quality evaluation of rendering the state services.

5. This order becomes effective after ten calendar days from the date of its first official publication.

Minister of cases of public service of the Republic of Kazakhstan

T. Donakov

It is approved

Deputy chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan

February 18, 2016

 

Imanaliyev B. Z. _______________

 

Approved by the Order of the Minister of cases of public service of the Republic of Kazakhstan of February 16, 2016 No. 35

Rules of the state control of quality of rendering the state services

1. General provisions

1. These rules of the state control of quality of rendering the state services determine procedure for carrying out the state control of quality of rendering the state services by the central state bodies, local executive bodies of areas, the cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts, the subordinated organizations of the central state bodies or local executive bodies, the physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan (further - the checked subjects).

2. According to article 134 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Entrepreneurial code) the state control is subdivided on external and internal.

3. The state control is based on the principles:

1) legality;

2) objectivity;

3) impartiality;

4) transparency;

5) comprehensiveness;

6) independence;

7) reliability.

2. Procedure for carrying out external control

4. External control behind quality of rendering the state services (further - external control) is exercised by the Ministry of cases of public service of the Republic of Kazakhstan (further - the Ministry) and its territorial authorities in the form of check and monitoring of compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services by the checked subjects.

5. When carrying out external control the Ministry and its territorial authorities:

1) are requested and receive from the checked subjects and (or) officials documents (data) relating to check subject on paper and (or) electronic media or their copy for attaching to the act of results of check, and also access to the automated databases (information systems) according to tasks and subject of check;

2) request information on results of internal control;

3) use information provided by physical persons, non-profit organizations by results of public monitoring of quality of rendering the state services;

4) make to the checked subjects offers on improvement of quality of rendering the state services, including elimination of the revealed violations, and also accountability of perpetrators for non-execution or improper execution of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services.

Paragraph 1. Procedure for conducting check of compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services by the checked subjects

6. Checks are divided into the following types:

1) selective;

2) unplanned.

7. The bases for carrying out selective checks by the staff of the Ministry and its territorial authorities are the Ministries which are annually approved by the order of the first head or its territorial authority or persons fulfilling their duties lists of selective checks. Lists of selective checks are constituted on the basis of assessment of degree of the risks approved according to article 141 of the Entrepreneurial code and created on analysis results of the reporting and results of other forms of control.

8. The bases for carrying out unscheduled inspections are:

1) appeals of physical persons and legal entities (uslugopoluchatel) which rights, freedoms and legitimate interests are violated;

2) orders of bodies of prosecutor's office for concrete facts of violations of the law in the sphere of rendering the state services;

3) counter check concerning the third parties with whom the checked subject had civil relations, for the purpose of receipt of verification of information, necessary for implementation;

4) the order of criminal prosecution authority on the bases provided by the Code of penal procedure of the Republic of Kazakhstan;

5) appeals of state bodies on concrete facts of violations of the law in the sphere of rendering the state services.

9. Activities check:

the central state bodies, their departments and the organizations subordinated to them it is carried out by the staff of the Ministry;

territorial subdivisions of the central state bodies and their departments, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts and the organizations subordinated to them are carried out by the staff of territorial authorities of the Ministry within competence, and also the staff of the Ministry of the order of management of the Ministry.

10. In case of receipt of information on violation by physical persons and legal entities (service providers), the subjects specified in Item 9 of these rules, legislations of the Republic of Kazakhstan in the sphere of rendering the state services except for checked, such information goes to the authorized bodies exercising control in spheres in which these state services are rendered for acceptance of the adequate measures of control provided by the Entrepreneurial code.

11. If necessary experts, the expert organizations and specialists who are not consisting in civil and employment relationships with the checked subjects are involved in conducting check.

12. It is performed based on the act of purpose of check issued by the first head of the Ministry or its territorial authority or persons fulfilling their duties in the form approved by the order of the Attorney-General of the Republic of Kazakhstan of January 26, 2016 No. 13 "About approval of Rules of registration of acts of purpose of check, notifications on suspension, renewal, prolongation of review periods, on change of list of participants and provision of information accounting documents on check and its results" (it is registered in the Register of state registration of regulatory legal acts No. 13171) (further - the order of the Attorney-General No. 13).

13. The term of conducting check is established taking into account amount of the forthcoming works, objectives and shall not exceed thirty working days with registration in authorized body on legal statistics and special accounting.

The term of carrying out unscheduled inspection according to claims of uslugopoluchatel is established taking into account the questions raised in the claim, amount of the forthcoming works and shall not exceed the terms of consideration of the claim of uslugopoluchatel established by the legislation in the sphere of rendering the state services.

14. In connection with considerable amount of check the term of conducting check is prolonged only once by the first heads of the Ministry or its territorial authorities or persons fulfilling their duties for the term of no more than thirty working days. In case of prolongation of review periods the additional act of prolongation of check with registration in authorized body on legal statistics and special accounting in which number and registration date of the previous act of purpose of check and the prolongation reason are specified is drawn up.

15. The checked subject concerning quality of rendering the state services precedes conducting check of activities (on the separate fact separately or in general for certain period) studying of the regulatory legal acts, the materials regulating and characterizing its activities.

16. Before check the employee of the Ministry or its territorial authority (further - the checking person) informs in writing the checked subject on the beginning of conducting check in the terms established by the Entrepreneurial code.

17. The beginning of conducting check date of delivery to the checked subject of the act of purpose of check is considered.

18. In case of refusal in acquaintance with the act of purpose of check or hindrance to access to the checking person (persons), to the materials necessary for conducting check, the relevant protocol in any form is constituted. The protocol is signed by the official (persons) of the Ministry or its territorial authority performing check, and the authorized person of the checked subject.

In case of refusal the authorized person of the checked subject from signing of the protocol, the written explanation about cause of failure is without delay provided to them or in the protocol the mark about refusal becomes. The refusal of receipt of the act of purpose of check is not the basis for check cancellation.

19. Check stops once for the term of no more than one month.

20. In need of receipt of data and documents from the foreign states having essential value within performed, carrying out special researches, testing, examinations for the terms over one month, term of conducting check stops before their obtaining or accomplishment.

21. The notification of the checked subject on suspension or renewal of check is made according to article 148 of the Entrepreneurial code.

In case of suspension or renewal of check the act of suspension or renewal of check in the form approved by the order of the Attorney-General No. 13 is taken out.

Calculation of term of conducting the suspended check continues from the date of its renewal.

22. Upon completion of check by the checking person the statement of results of check in duplicate is drawn up.

In the act of results of check are specified:

1) date, time and place of creation of the act;

2) the name of the body performing;

3) date and number of the act of purpose of check based on which it is performed;

4) surname, name and middle name (in case of its availability) and position of person (persons) performing;

5) the name of the checked subject, surname, name, middle name (in case of its availability) and position of the representative (representatives) of the checked subject which was present when conducting check;

6) date, place and period of conducting check;

7) the analysis of activities of the checked subject;

8) data on results of check, in the presence - the facts about the revealed violations, about their nature;

9) the analysis of the reasons of low-quality rendering the state services, non-executions of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services with indication of consequences;

10) the name of checking leaf and Items of requirements according to which violations are revealed;

11) data on acquaintance or on refusal in acquaintance with the act of the representative of the checked subject, and also persons which were present when conducting check, their signature or refusal of the signature;

12) the signature of the official (persons) performing.

23. Completion of review period day of delivery to the checked subject of the act of results of check no later than the date of termination of check specified in the act of purpose of check is considered.

24. In case of refusal of the checked subject to sign the act of results of check, the checking person (persons) constitutes the relevant protocol in any form which together with one copy of the act is transferred to office of the checked subject, with obtaining on the second copy of the act of mark of registration of the provided materials in the magazine of incoming correspondence or in the Single system of electronic document management of state bodies.

In case of refusal of the checked subject to receive the act of results of check, the Ministry or its territorial authority sends to the address of the checked subject the act of results of check as office correspondence through mail service or by means of the Single system of electronic document management of state bodies.

25. In case of availability of notes and (or) objections by results of check the head of the checked subject or their representatives state them in writing in any form.

Notes and (or) objections are attached to the act of results of conducting check about what the corresponding mark in the act becomes.

26. The act of results of check with materials of each check after its completion by the checking persons is transferred to management of the Ministry or its territorial authority within three working days.

27. The management of the Ministry or its territorial authority by results of consideration of materials and the act of results of check makes the following decisions:

1) about the direction to the head of the checked subject (or its higher body) letters with recommendations of elimination of the revealed violations, the reasons and conditions promoting their making, entering of corresponding changes and (or) amendments into standards and regulations of the state services, process optimization of rendering the state services, accountability of perpetrators, taking measures to recovery of the violated rights, freedoms and legitimate interests of uslugopoluchatel and informing the Ministry or its territorial authority on results of consideration to the corresponding term (further - the letter with recommendations);

2) about acceptance note information containing in the act and the provided materials.

In case of detection in actions of officials of the checked subjects of signs of criminal or administrative offense or signs of minor offense discrediting public service, the management of the Ministry or its territorial authority takes measures for the direction of materials of check in relevant organs.

28. The letter with recommendations which is subject to obligatory consideration goes to the address of the head of the checked subject signed by management of the Ministry or heads of its territorial authorities, or persons replacing them within three working days from the date of consideration with management of the Ministry or heads of its territorial authorities of materials and the act of results of check.

29. The checking person (persons) provides confidentiality of information obtained as a result of the conducting check and component the commercial, tax or protected by the law other secret, except as specified, provided by the laws of the Republic of Kazakhstan.

30. On the violations revealed as a result of check the checked subject no later than three working days in the absence of notes and (or) objections provides on coordination to management of the Ministry or its territorial authority performing the actions plan on elimination of the revealed violations and execution of recommendations (further - the Actions plan).

31. The actions plan contains list of measures of the checked subject for elimination of the revealed violations and execution of recommendations with indication of executives in charge, completion dates and form of completion.

32. The checked subject in the terms specified in the letter with recommendations represents information on execution of the Actions plan and the copy of supporting documents on accountability of perpetrators to the Ministry or its territorial authority performing.

33. If on the violations revealed as a result of check the checked subject did not take measures for their elimination, the Ministry or its territorial authority performing within powers, stipulated by the legislation the Republic of Kazakhstan, introduces in higher state body or to the official the act of results of check, the recommendation of consideration of responsibility of persons which did not take adequate measures and informs bodies of prosecutor's office and other state bodies of the Republic of Kazakhstan on the similar facts, and also files the action for declaration in courts of the Republic of Kazakhstan.

Paragraph 2. Procedure for carrying out monitoring of compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services

34. Monitoring of compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services is performed by the Ministry and its territorial authorities by the analysis:

1) the data reflected in IS "Monitoring" by service providers and the state services, including in violations of terms of rendering the state services;

2) information provided by the checked subjects within internal control quarterly to the 7th following the accounting period.

35. The management of the Ministry or its territorial authority by results of monitoring of compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services makes the following decisions:

1) about the direction to the head of the checked subject (or its higher body) letters with recommendations of elimination of the state services of the violations, the reasons and conditions promoting their making, accountability of perpetrators, taking measures to recovery of the violated rights, freedoms and legitimate interests of uslugopoluchatel and informing the Ministry or its territorial authority on results of consideration to the corresponding term revealed following the results of monitoring of compliance with law of the Republic of Kazakhstan in the sphere of rendering;

2) about acceptance note information containing in results of internal control.

In case of detection in actions of officials of the checked subjects of signs of criminal or administrative offense or signs of minor offense discrediting public service management of the Ministry or its territorial authority materials of check go to relevant organs.

3. Procedure for carrying out internal control

36. Internal control behind quality of rendering the state services (further - internal control) is exercised in the form of control action and monitoring of quality of rendering the state services of the central state and local executive bodies by the relevant structural divisions coordinating questions of rendering the state services.

37. The structural division of the central state body coordinating questions of rendering the state services carries out internal control behind quality of the state services rendered by the central state body, its departments, the subordinated organizations, and also physical persons and legal entities which coordination of activities is performed by the central state body.

38. The structural division of local executive body coordinating questions of rendering the state services carries out internal control behind quality of the state services rendered by local executive bodies of the corresponding administrative and territorial unit, the subordinated organizations, and also physical persons and legal entities which coordination of activities is performed by local executive body.

Paragraph 1. Procedure for holding control action

39. Control action is the complex of the interconnected control actions performed by structural division of the central state and local executive bodies responsible for carrying out internal control regarding compliance with law of the Republic of Kazakhstan in the sphere of rendering the state services and other legislation of the Republic of Kazakhstan for the purpose of identification, elimination and non-admission of violations by objects of control.

40. The documents forming the basis for holding control action are:

the plan of control actions approved for year by the order of management of the central state and (or) local executive body no later than December 25 of the year preceding planned;

order (decision) of management of the central state and (or) local executive body on purpose of control action for results of monitoring of quality of rendering the state services.

41. In respect of control actions the list of the questions and objects which are subject to control, terms of carrying out, form of completion and executives in charge of control actions is specified.

42. The term of holding control action is established taking into account amount of the forthcoming works, objectives and quantity of objects, and shall not exceed thirty calendar days.

43. In the presence of the objective reasons, the term of holding control action is prolonged based on the order of management of the central state and (or) local executive body on motivated representation of the structural division responsible for carrying out internal control, for the term of no more than thirty calendar days.

44. Before holding control action the employee of structural division responsible for carrying out internal control (further - the executive in charge), informs in writing object of control no later than three working days prior to holding control action.

45. The beginning of holding control action date of delivery to object of control of the order on purpose of control action is considered.

46. When holding control action executives in charge:

1) are requested and receive in the terms established by them from objects of control necessary documents, references, oral and written explanations on the questions connected with holding control action;

2) freely get acquainted with documentation of objects of control relating to questions of control action, taking into account observance of requirements of the legislation on the state secrets and other secret protected by the law;

3) is used by the data on the state services rendered electronically, on violations of terms of rendering the state services, reflected by IS "Monitoring" on the arrived claims concerning rendering the state services with results of their consideration;

4) performs other actions entering competence of the structural division responsible for carrying out internal control.

47. In case of need experts, the expert organizations and specialists who are not consisting in civil and employment relationships with object of control are involved in holding control action.

48. On completion of control action by executives in charge the statement of control action in duplicate is drawn up and signed.

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