of August 7, 2017 No. 295
About approval of Standard regulations of meeting of local community
According to Item 3-1 of article 39-3 of the Law of the Republic of Kazakhstan "About local public administration and self-government in the Republic of Kazakhstan" I ORDER:
1. Approve the enclosed Standard regulations of meeting of local community.
2. To provide to department of the analysis and assessment of regions of the Ministry of national economy of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan, and also within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item of the order.
3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective for the cities of district value, villages, settlements, rural districts with population more than two thousand people since January 1, 2018 and for the cities of district value, villages, settlements, rural districts with population two thousand and less people since January 1, 2020.
Minister of national economy of the Republic of Kazakhstan
T. Suleymenov
|
It is approved Minister of Finance of the Republic of Kazakhstan August 7, 2017 |
_________________ B. Sultanov |
Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of August 7, 2017 , No. 295
1. These Standard regulations of meeting of local community (further – Standard regulations) are developed according to Item 3-1 of article 39-3 of the Law of the Republic of Kazakhstan "About local public administration and self-government in the Republic of Kazakhstan" (further – the Law).
2. The basic concepts which are used in these Standard regulations:
1) local community – set of inhabitants (members of local community) living in the territory of the corresponding administrative and territorial unit in which borders local self-government is performed its bodies are created and function;
2) meeting of local community (further – meeting) – participation of the representatives of local community delegated by descent of local community in the solution of the current questions of local value in the limits and procedure established by the legislation of the Republic of Kazakhstan;
3) questions of local value – questions of activities of area, area, city, area in the city, the rural district, the settlement and the village which is not part of the rural district which regulation according to the Law and other legal acts of the Republic of Kazakhstan is connected with providing the rights and legitimate interests of most of inhabitants of the corresponding administrative and territorial unit;
4) local self-government – the activities performed by the population is direct, and also through maslikhats and other local government bodies, directed to the independent solution of questions of local value under the responsibility, according to the procedure, determined by the Law, other regulatory legal acts;
5) the member of meeting of local community – the representative of local community delegated by descent of local community in the solution of the current questions of local value in the limits and procedure established by the legislation of the Republic of Kazakhstan.
3. The regulations of meeting affirm maslikhat of the area (the city of regional value).
3-1. The structure of meeting of local community is determined by descent of local community for a period of four years and formed of number of the candidates delegated by descent of local community.
At the same time, the number of the members of meeting of local community delegated by descent of local community (further – members of meeting) is determined depending on the total number of the population of the city of district value, the village, the settlement, the rural district:
1) to 10 thousand of the population of 5-10 members of meeting;
2) 10-15 thousand of the population – 11-15 members of meeting;
3) 15-20 thousand of the population – 16-20 members of meeting;
4) over 20 thousand of the population – 21-25 members of meeting.
3-2. When forming structure of meeting of local community the number of representatives of separate descents is determined in proportion to quantity of their population.
3-3. For the administrative and territorial unit consisting of several settlements at least one representative from each settlement delegated by separate descents of local community taking into account provisions of Item 3-2 of these Standard regulations is provided.
4. The meeting is held on the current questions of local value:
discussion and consideration of drafts of program documents, development programs of local community;
approval of the budget statement of the city of district value, village, settlement, rural district and performance report of the budget;
approval of adjustment of the budget of the city of district value, the village, settlement, rural district in case of funds redistribution of no more than twenty percent from amount of expenses of the budget program the current financial year for the approved (specified) budget, except for budget programs (subprogrammes) financed by target transfers from district (the city of regional value) of the budget, between budget programs in case of not development of budgetary funds and (or) inefficient execution of budget programs within the current financial year following the results of budget monitoring without change of expense structure of the budget;
approval of solutions of the device of the city of district value, the village, settlement, rural district on management of utility city property of district value, the village, settlement, rural district (utility property of local self-government);
formation of the commission of local community from among participants of the meeting for the purpose of monitoring of budget implementation of the city of district value, the village, the settlement, the rural district;
hearing and discussion of the report on results of the carried-out monitoring of budget implementation of the city of district value, the village, the settlement, the rural district;
approval of alienation of utility property of the city of district value, village, settlement, rural district;
discussion of topical issues of local community, projects of the regulatory legal acts concerning the rights, freedoms and obligations of citizens, except for projects of regulatory legal acts of local executive bodies, and also the akims providing decision making about establishment (cancellation) of quarantine zone with introduction of the quarantine mode in the corresponding territory about establishment (removal) of quarantine and (or) restrictive actions in cases stipulated by the legislation the Republic of Kazakhstan in the field of veterinary science, and also the announcement of emergency situation of natural and technogenic nature, and also provision of recommendations about them in the terms provided by the Law of the Republic of Kazakhstan "About legal acts";
initiation of question of dismissal of the akim of the city of district value, village, settlement, rural district;
introduction of offers to destination heads of the public institutions and the organizations financed from the local budget and located in the corresponding territories;
other current questions of local community.
5. The meeting is convoked and held by akims of the cities of district value, villages, settlements, rural districts independently or at the initiative of at least ten percent of members of meeting, but at least once a quarter.
Initiators of meeting in any form in writing address the akim with indication of the agenda.
The akim within three working days considers the written address and makes the decision on convocation of meeting with indication of the place and time of convocation.
6. About time, the place of convocation of meeting and the discussed questions, members of meeting are notified not later than ten calendar days about day of its carrying out through mass media or different ways, except for the case provided by subitem 4-3) of Item 3 of article 39-3 of the Law according to which about time, the place of convocation of meeting of local community members of meeting of local community are notified not later than three calendar days about day of its carrying out.
On the questions submitted for consideration of meeting, the office of the akim not later than five calendar days before convocation of meeting submits to members of meeting and the akim required materials in writing, in electronic form (certified by means of the digital signature) or the electronic copy of documents.
7. Before convocation of meeting the office of the akim carries out registration of the present members of meeting, its results are disclosed by the akim or person authorized by it before convocation of meeting and entered in the protocol of meeting with indication of the place and time of carrying out convocation.
Convocation of meeting is considered taken place with the assistance of at least a half of members of meeting in it.
8. Convocation of meeting opens the akim or person authorized by it.
For conducting convocation of meeting the open voting elects the chairman and the secretary of meeting.
9. The agenda of meeting is created by the office of the akim of the rural district on the basis of the offers made by members of meeting, the akim of the corresponding territory.
The agenda joins questions of the course and (or) execution of the decisions made on the previous convocations meeting.
The agenda of convocation of meeting can be added and changed in case of its discussion.
The agenda of convocation of meeting affirms meeting.
Vote on each question of the agenda is taken separately. The question is considered brought in the agenda if most of the present members of meeting voted for it.
10. Representatives of the office of the akim of the area (the city of regional value), public institutions and the companies, and also physical persons and legal entities which questions are considered on convocation of meeting are invited to convocation of meeting. Also at convocation of meeting there can be deputies of maslikhat of the area (the city of regional value), representatives of mass media and public associations.
The invited persons specified in part one of this Item are not members of meeting and do not participate in vote in case of decision making.
11. The regulations of performances on convocations meeting for reports, supporting reports, performances in debate and in the order of conducting convocation of meeting are determined by the chairman. To speakers and co-reporters time for answers to questions is allowed. If the speaker exceeded the allowed time, the chairman of the meeting interrupts its performance or with the consent of most of the members of meeting who are present at convocation prolongs time for performance.
The member of meeting can act on the same question no more than two times. Are not considered as performances in debate of the address of members of meeting, performance for making explanations and answers to questions. Questions to speakers are set in written or oral type. Written questions are provided to the chairman of the meeting and are disclosed on convocation meeting.
The chairman of the meeting can announce breaks on own initiative or according to the motivated proposal of members of meeting.
At the end of meeting time for performance of members of meeting with short statements and messages, debate on which does not open, is allowed.
12. The meeting within the powers makes decisions by a majority vote of the members of meeting who are present at convocation.
In case of equality of votes the chairman of the meeting has the right of casting vote.
The decision of meeting is drawn up by the protocol in which are specified:
1) date and venue of meeting;
2) quantity and list of members of meeting;
3) quantity and the list of other attendees with indication of surname, name, middle name (in case of its availability);
4) surname, name, middle name (in case of its availability) the chairman and the secretary of meeting;
5) the agenda, the summary of performances and the made decisions.
The protocol is signed by the chairman and the secretary of meeting and within two working days from the date of holding meeting is transferred to the akim of the rural district, except as specified, when the protocol contains the decision of meeting of local community on initiation of question of the termination of powers of the akim of the rural district.
The protocol of meeting of local community with the decision on initiation of question of the termination of powers of the akim of the rural district is signed by the chairman and the secretary of meeting and within five working days is submitted to the relevant maslikhat of the area (the city of regional value).
13. The decisions made by meeting are considered by the akim of the rural district and no more than five working days are led up the office of the akim of the rural district to members of meeting in time.
14. In case of expression by the akim of disagreement with the decision of meeting of local community, the matters are resolved by repeated discussion according to the procedure, provided by Chapter 2 presents of Standard regulations.
In case of impossibility of permission of the questions which caused disagreement of the akim of the rural district, the question is resolved by the higher akim.
The akim of the rural district, within two working days, sends to the address of the higher akim and maslikhat of the respective area (the city of regional value) the protocol of meeting of local community, after repeated discussion by meeting of local community of the questions which caused disagreement.
The higher akim after preliminary discussion and its decision at the next meeting of maslikhat of the respective region (the city of regional value) of the questions which caused disagreement between the akim of the rural district and meeting of local community according to the procedure the stipulated in Article 11 Laws makes the decision within five working days.
15. Bodies of local public administration and self-government, officials within powers provide execution of the decisions made on convocation meeting and approved by the akim of the rural district.
16. The decisions made on convocation of meeting extend the office of the akim of the rural district through mass media or different ways.
17. At meeting information of persons of decisions of meeting, responsible for execution, are regularly heard.
18. In case of non-execution or low-quality execution of decisions, the relevant information is entered in minutes which the chairman of the meeting go to the akim of the area (the city of regional value) or higher heads of officials of decisions of meeting, responsible for execution.
In case of repeated non-execution or low-quality execution of the made decisions, the meeting initiates question of responsibility of officials to the akim of the area (the city of regional value) or higher management of the corresponding officials.
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