of December 8, 2016 No. 78
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 the enclosed Rules of the state control of quality of rendering the state services.
2. Declare invalid the 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" (registered in the Register of state registration of regulatory legal acts for No. 13359, published on March 11, 2016 in information system of law of Ad_let).
3. And to anti-corruption in the procedure established by the legislation to provide to department of the state services of the Agency of the Republic of Kazakhstan for public service:
1) 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 the direction on official publication in periodic printing editions;
3) within ten calendar days after state registration of this order 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) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan for public service and to anti-corruption.
4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption supervising questions of control and quality evaluation of rendering the state services.
5. This order becomes effective after ten calendar days after day of its first official publication.
The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption
K. Kozhamzharov
It is approved Minister of information and communications of the Republic of Kazakhstan "__ " ___________ 2016 |
_____________________ D. Abayev |
It is approved Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan "__ " ___________ 2016 |
_____________________ N. Aydapkelov |
Approved by 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
1. These rules of the state control of quality of rendering the state services are developed according to the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for carrying out the state control of quality of rendering the state services by the central state bodies, their departments, foreign institutions of the Republic of Kazakhstan, territorial subdivisions of the central state bodies and their departments, local executive bodies of areas, 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, and also the subordinated organizations of the central state bodies, their departments, local executive bodies, non-commercial joint-stock company "The Government for Citizens state corporation (further – the State corporation) and its branches, the physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan (further – subjects of the state control of quality of rendering the state services).
2. The state control of quality of rendering the state services of activities of the central state bodies, their departments and organizations subordinated to them, foreign institutions of the Republic of Kazakhstan is carried out by officials of authorized body by assessment and control of quality of rendering the state services (further – authorized body), and behind activities of local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, territorial subdivisions of the central state bodies and departments, organizations subordinated to them, akims of areas in the city, the cities of district value, settlements, villages, rural districts, the State corporation and its branches, and also physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan – officials territorial subdivisions of authorized body within their competence, and also officials of authorized body at the request of management of authorized body.
3. The state control is based on the principles:
1) legality;
2) objectivity;
3) impartiality;
4) reliability;
5) comprehensiveness;
6) transparency.
4. The state control of quality of rendering the state services is carried out by way:
1) checks with departure into place or without departure into place with challenge of officials and (or) request of materials;
2) observations by means of access to information systems or on the basis of reporting information and data.
5. Subject of the state control of quality of rendering the state services is observance by subjects of the state control of quality of rendering the state services of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services.
6. Account of checks is kept by means of information system of authorized body.
7. The state control of quality of rendering the state services is carried out by authorized body and its territorial subdivisions in the form of scheduled inspection, unscheduled inspection and observation of compliance of activities of subjects of the state control of quality of rendering the state services to requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services.
8. Provisions of this Chapter do not extend to the relations connected with the organization, providing and implementation of counterintelligence and business activity.
9. Checks are divided into the types specified in Item 1 of article 27-1 of the Law, at the same time:
1) scheduled inspections, are complex and are aimed at providing control of observance of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services;
2) unscheduled inspections, are subject and are aimed at providing control of observance of requirements of the legislation of the Republic of Kazakhstan in the sphere of rendering the state services in the questions which formed the basis for their carrying out.
10. The basis for purpose of scheduled inspection is the semi-annual plan of checks approved by authorized body according to Item 3 of article 27-1 of the Law.
At the same time the list of the checking officials can be changed by the decision of authorized body or its territorial subdivisions.
In case of change of list of the checking officials the authorized body or its territorial subdivision is notified on it by the subject of the state control of quality of rendering the state services no later than one working day from the date of adoption of such decision in form according to appendix 1 to these rules.
11. The semi-annual plan of checks is created in the form of the list of subjects of the state control of quality of rendering the state services concerning which scheduled inspection, with obligatory specifying of their names is appointed.
12. The subject of the state control of quality of rendering the state services can be included in the plan of checks in the presence of one of cases, stipulated in Item 4 articles 27-1 of the Law.
13. Unscheduled inspection is appointed on the bases provided in Item 6 and is carried out according to Item 8 of article 27-1 of the Law.
14. The decision of the official of authorized body and its territorial subdivisions on the beginning of conducting check is drawn up in the form of the notification according to Item 3 of article 27-2 of the Law.
The notification on the beginning of scheduled inspection goes at least in three working days prior to its beginning with indication of date and at least one day before the beginning of unscheduled inspection in form according to appendix 2 to these rules.
When conducting check without departure into place person authorized on conducting check calls officials of the subject of the state control of quality of rendering the state services by request with indication of date and time of their arrival and (or) requests provision of required materials.
15. Terms of conducting check stop according to item 4 of article 27-2 of the Law.
In case of suspension and renewal of terms of conducting check the authorized body or its territorial subdivision notify on it subject of the state control of quality of rendering the state services no later than one working day from the date of adoption of such decision in form according to appendices 3 and 4 to these rules.
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