ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 29, 2019 No. 70

About some questions of transfer of the state functions to competitive environment

According to subitems 3), 4), 5), 6), 7), 8) of article 9-12 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures" I ORDER:

1. Approve:

1) Rules of transfer of function of the central and (or) local executive bodies in competitive environment, according to appendix 1 to this order;

2) Rules of implementation of outsourcing of functions of the central and (or) local executive bodies, according to appendix 2 to this order;

3) the Technique of selection of functions of the central and (or) local executive bodies for transfer to competitive environment, according to appendix 3 to this order;

4) the Technique of cost determination of the function of the central and (or) local executive bodies offered for transfer to competitive environment according to appendix 4 to this order;

5) the Method of carrying out the analysis of readiness of the market of the functions of the central and (or) local executive bodies offered for transfer to competitive environment according to appendix 5 to this order;

6) Rules of carrying out monitoring of implementation of functions of the central and (or) local executive bodies transferred to competitive environment according to appendix 6 to this order.

2. Procedure to provide to development department of system of public administration in the established legislation:

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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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.

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 after ten calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of July 29, 2019 No. 70

Rules of transfer of function of the central and (or) local executive bodies in competitive environment

Chapter 1. General provisions

1. These rules of transfer of function of the central and (or) local executive bodies in competitive environment (further - Rules) are developed according to the subitem 4) of article 9-12 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures" (further - the Law) and determine procedure for transfer of function of the central and (or) local executive bodies in competitive environment.

2. In these rules the following basic concepts are used:

1) competitive environment - subjects of the market, except for subjects of the quasi-public sector;

2) authorized body in the field of development of system of public administration (further - authorized body) - the central executive body performing management and cross-industry coordination on transfer of function of the central and (or) local executive bodies in competitive environment;

3) interested persons - subjects of entrepreneurship and their consolidation which self-regulatory and non-governmental organizations, the rights and obligations are mentioned in the Law and which, according to the central and (or) local executive bodies, are capable to render assistance concerning transfer of their functions to competitive environment;

4) optimization - package of measures, directed to reducing the number of staff, reducing and (or) expense reallocation of the central and (or) local executive bodies, connected including with transfer of function in competitive environment;

5) users of functions - physical persons and legal entities.

3. Main objectives of transfer of function of the central and (or) local executive bodies in competitive environment are:

1) assistance to development and enhancement of competitive environment;

2) increase in efficiency and quality of implementation of functions of the central and (or) local executive bodies;

3) enhancement of system of public administration;

4) optimization.

4. The basic principles of transfer of function of the central and (or) local executive bodies in competitive environment are:

1) respect for balance of interests of citizens, business communities and states;

2) providing equally protection of the rights and legitimate interests of citizens, business communities and states;

3) justification and efficiency of transfer of function of the central and (or) local executive bodies in competitive environment;

4) the responsibility of business community and state provided by the laws of the Republic of Kazakhstan for implementation of functions of the central and (or) local executive bodies transferred to competitive environment;

5) continuity and integrity of processes on transfer of function of the central and (or) local executive bodies in competitive environment, and also the related optimization.

5. Transfer of function of the central and (or) local executive bodies in competitive environment is performed in the way:

1) outsourcing;

2) state task;

3) state social order;

4) transfers at the expense of users;

5) introductions of the self-regulation based on obligatory membership (participation).

6. Transfer of function of the central and (or) local executive bodies in competitive environment by outsourcing is performed according to the Rules of implementation of outsourcing of functions of the central and (or) local executive bodies approved by authorized body according to the subitem 3) of article 9-12 of the Law.

7. Functions of the central and (or) local executive bodies are transferred to competitive environment by the state task according to the Rules of development and accomplishment of the state task approved by the order of the Minister of Finance of the Republic of Kazakhstan of March 30, 2015 No. 236 (it is registered in the Register of state registration of regulatory legal acts for No. 10839).

8. Transfer of function of the central and (or) local executive bodies in competitive environment by the state social order is performed according to the legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan.

9. Functions of the central and (or) local executive bodies are transferred to competitive environment by exception of functions of competence of the central and (or) local executive bodies and performed at the expense of users.

10. Transfer of function of the central and (or) local executive bodies in the self-regulatory organizations based on obligatory membership (participation) in the field of business or professional activity is provided after confirmation of readiness of self-regulatory organizations.

Readiness of self-regulatory organizations for implementation of functions of the central and (or) local executive bodies is provided by carrying out the analysis of readiness of the market for the purpose of determination of benefits and costs for users, contractors and the state.

Chapter 2. Preparation for implementation of transfer of function of the central and (or) local executive bodies in competitive environment

11. To transfer to competitive environment functions of the central and (or) local executive bodies, except for the functions directed to protection of the constitutional system, protection of public order, human rights and freedoms, health and morality of the population on implementation of capital export, the highest supervision, pre-judicial criminal proceeding, operational search activities, justice, and also in spheres of homeland, information security, protection of the state secrets, defenses, migrations, the state statistics and other functions which transfer can cause damage to interests of the state are considered.

12. For transfer of function in competitive environment the act of the first head of the central and (or) local executive body creates advisory advisory body (Working group):

1) in the central executive body with participation of the interested structural divisions of state body, including, departments, territorial authorities, with involvement of representatives of public council and accredited associations of subjects of private entrepreneurship, National chamber of entrepreneurs of the Republic of Kazakhstan, non-governmental and other organizations, independent experts and other persons;

2) in local executive body of area (the cities of republican value, the capital) with participation of the interested structural divisions of local executive body, akims of areas, area, the cities of regional district value, settlements, villages, rural districts, representatives of public council and accredited associations of subjects of private entrepreneurship, National chamber of entrepreneurs of the Republic of Kazakhstan, non-governmental and other organizations, independent experts and other persons.

13. The first head of the central and (or) local executive body or their deputies is appointed the head of the Working group.

14. Treat tasks of the Working group:

1) approval of the working plan for transfer of function of the central and (or) local executive body in competitive environment;

2) carrying out selection of functions of the central and (or) local executive body for transfer to competitive environment according to the Technique of selection of functions of the central and (or) local executive bodies for the transfer to competitive environment approved by authorized body according to the subitem 5) of article 9-12 of the Law (further - the Technique of selection of functions);

3) carrying out the analysis of readiness of the market according to the Method of carrying out the analysis of readiness of the market of the functions of the central and (or) local executive bodies offered for transfer to competitive environment of article 9-12 of the Law approved by authorized body according to the subitem 7);

4) removal of results of the carried-out analysis of readiness of the market.

15. Organizational support of activities of the Working group is assigned to the relevant structural division of the central and (or) local executive body and provided in the way:

1) preparation of meetings of the Working group (forming of the agenda, informing workgroup members about the meetings planned to carrying out, preparation of the corresponding materials, maintaining protocols of meetings);

2) submission to authorized body of the corresponding materials following the results of activities of the Working group;

3) publications of the corresponding materials following the results of activities of the Working group on Internet resource of the central and (or) local executive body.

Chapter 3. Selection of functions of the central and (or) local executive bodies for transfer to competitive environment

16. Selection of functions of the central and (or) local executive bodies for transfer to competitive environment (further - selection of functions) is made by the central and (or) local executive bodies on annual basis according to the Technique of selection of functions. Selection of functions is performed in case of observance of requirements of the these rules provided in Item 11 of Chapter 2.

17. Following the results of selection of functions the list of functions of the central and (or) local executive bodies offered for transfer to competitive environment is created (further - the list of functions), and the central and (or) local executive body fills in the passport on each their function offered for transfer to competitive environment (further - the passport of function), in form according to appendix 21 to the Method of carrying out industry (departmental) functional reviews of the activities of state bodies approved by the order of the Minister of national economy of February 27, 2017 No. 84 (it is registered in the Register of state registration of regulatory legal acts for No. 14941).

18. Workgroup members can make offers to the draft of the list of functions.

19. The list of functions and the passport of functions are approved by the corresponding Working group.

In case of not approval by the Working group of the list of functions and passports of functions, functions of the central and (or) local executive body transfers to competitive environment are not subject.

20. When filling passports of functions the cost of this function according to the Technique of cost determination of the function of the central and (or) local executive body offered for the transfer to competitive environment approved by authorized body according to the subitem 6) of article 9-12 of the Law is without fail determined (further - function cost determination Technique).

21. Decisions on approval of the list of functions are made by a simple majority vote.

22. The list of functions and the passport of functions no later than February tenth are sent for consideration in authorized body.

Chapter 4. Consideration of the list of functions of the central and (or) local executive bodies offered for transfer to competitive environment

23. The authorized body within ten working days from the date of receipt of the list of functions and passports of functions considers them regarding:

1) feasibility of their transfer to competitive environment;

2) observance of procedures of selection of the functions of the central and (or) local executive body offered for transfer to competitive environment;

3) estimates of accuracy of calculations of cost of the functions offered to transfer to competitive environment;

4) correctness of filling of passports of the functions offered to transfer to competitive environment.

24. In case of need receipts of the additional information by results of the list of functions and passports of functions, the authorized body holds working consultations with state bodies.

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