ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 11, 2022 No. 209

About modification of some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes which are made to some decisions of the Government of the Republic of Kazakhstan.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 11, 2022 No. 209

Changes which are made to some decisions of the Government of the Republic of Kazakhstan

1. In the 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":

in the Regulations of the Government of the Republic of Kazakhstan approved by the specified resolution:

to state part one of Item 8-1 in the following edition:

"8-1. In case execution of acts and orders of the President of the Republic of Kazakhstan (further – the President), the Security Council of the Republic of Kazakhstan (further – the Security Council) and the Assemblies of the people of Kazakhstan (further – Assembly) having complex and interdepartmental nature with completion date over six months is assigned to two and more state bodies within their competence, and also is directed to forming and realization new or change of the available approaches, regulations and rules in any industry / sphere / region, the state body contractor within ten working days after receipt of the document develops the plan of organizational actions (road map) in form, according to appendix 1-2 to Rules of preparation, approval and representation for consideration to 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, approval, 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 also the orders containing in decisions of the Security Council of the Republic of Kazakhstan and Assembly of the people of Kazakhstan, carrying out monitoring of normative legal presidential decrees of the Republic of Kazakhstan, the approved Presidential decree of the Republic of Kazakhstan of April 27, 2010 No. 976 (further – Rules), also approves it with responsible structural division of Administration of the President of the Republic of Kazakhstan (further – Presidential Administration).";

the second Item 8-2 to state part in the following edition:

"The plan of organizational actions (road map) which developer is the central state body directly subordinate and accountable to the President or not entering into structure of the Government, affirms his first head after approval of Presidential Administration, and also of 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.";

state Item 8-5 in the following edition:

"8-5. When scheduling actions for execution of acts and orders of the President, and also the orders containing in decisions of the Security Council and Assembly which contractor is the Government, coordination of their execution by the corresponding deputy prime minister is provided.";

state Item 8-7 in the following edition:

"8-7. Reporting information on the course of implementation of documents of System of state planning is provided in Presidential Administration according to System of state planning in the Republic of Kazakhstan.";

state Item 8-10 in the following edition:

"8-10. If Items of acts and/or orders of the President, and also the orders containing in decisions of the Security Council and Assembly 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 approval of 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 into 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.";

state Item 8-11 in the following edition:

"8-11. Repeated prolongation of completion dates of Items of acts and/or orders is allowed in exceptional cases according to the decision of the President or Head of Presidential Administration with consideration of question of disciplinary responsibility of political government employees and responsible officials of the organizations and informing Presidential Administration on the taken measures no more than one month in time.

Repeated prolongation of completion dates of the orders containing in decisions of the Security Council is allowed in exceptional cases according to the decision of the special advisor to the president – the Secretary of the Security Council with consideration of question of disciplinary responsibility of political government employees and responsible officials of the organizations and informing Presidential Administration on the taken measures no more than one month in time.

The offer on repeated prolongation of completion dates of acts and/or orders of the President, and also the orders containing in decisions of the Security Council and Assembly 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 approval of the Prime Minister (person fulfilling its duties) or his deputy, no later than fifteen working days before the expiration of terms of its execution.

The responsible structural division of Office 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 conclusion.";

the second Item 11 to state part in the following edition:

"Consideration and passing of the entering, outgoing (internal) correspondence and other in-house documents are performed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan of June 29, 2020, the Law of the Republic of Kazakhstan 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.";

the seventh and eighth Item 84 to state parts in the following edition:

"In case of development of documents of System of state planning, concepts, the actions of the Government providing further legislative providing, the developer along with drafts of such documents provides procedures of the publication and discussion of the advisory document of regulatory policy, and also concepts of the relevant bills are submitted for review by the Interdepartmental commission.

If development of the concept of the bill is within the competence of other state body, it at the request of the state body developer of documents of System of state planning, concepts, the actions of the Government providing further legislative providing provides procedures of the publication and discussion of the advisory document of regulatory policy, and also represents the corresponding concept of the bill.";

to state part one of Item 84-1 in the following edition:

"84-1. In case of the address to the address of the Prime Minister or Office with the offer on development of the bill which is not provided by the Plan of bill works of the Government, the state body developer of the bill shall provide previously procedures of the publication and discussion of the advisory document of regulatory policy and the draft of the concept of the bill, and also the preliminary text of the bill and to submit in the Ministry of Justice for review on the Interdepartmental commission on questions of bill activities.";

state Item 95-1 in the following edition:

"95-1. To the bill of entering into Parliament of the bill on the republican budget in addition to the documents listed in Item 95 of these Regulations the following documents and materials in addition are submitted:

forecast of social and economic development of the republic;

drafts of development plans or projects of changes and amendments in development plans for the central state bodies;

drafts of budget programs of administrators of the budget programs which are not developing development plans;

data on condition of the state and guaranteed by the state debt on the last reporting date;

information concretizing the directions of expenditure of budgetary funds by budget subprogrammes of budget programs and the explanatory note opening the decisions pledged in the draft of the republican budget.";

state Item 139 in the following edition:

"139. Personal orders of the President are subject to execution by all state bodies, organizations and officials no more than in two weeks from the date of signing of the order if other is not established by the President.

The orders of the President published in its official accounts in social networks or mass media are subject to execution by all state bodies, organizations and officials according to the fixing of execution of the order prepared by Presidential Administration.

Prolongation of completion dates of personal orders of the President and the orders published in its official accounts in social networks or mass media is performed only by the President.

Prolongation of completion dates of Items of acts and/or orders of the President, and also Items of the orders containing in decisions of Assembly, or their transfer into medium-term or long-term control are allowed no more once according to the decision of the President or Head of Presidential Administration based on the expert opinion of structural division of Presidential Administration or its consent with government proposal or the state body contractor vised by responsible officials of Presidential Administration.

According to the orders containing in decisions of the Security Council, the decision on prolongation of completion dates, their transfer into medium-term or long-term control, and also on establishment of terms of intermediate informing is accepted by the special advisor to the president – the Secretary of the Security Council.

Transfer into medium-term control is made with monthly or quarterly intermediate informing Presidential Administration on course of execution of the order. The decision on transfer into medium-term control is made in case of impossibility of completion of execution of the order and/or achievement of resulting effect during originally fixed term on objectively developed external circumstances.

Transfer into long-term control is made with quarterly or semi-annual intermediate informing Presidential Administration on course of execution of the order. The decision on transfer into long-term control is made in cases of impossibility of completion of execution of the order to fixed term on objectively developed external circumstances, and also need of control of efficiency of results of execution of the order or its influence on achievement of strategic indicators of development of the country.";

state Item 142 in the following edition:

"142. Removal from control or decision making about change of completion dates are performed on:

1) to orders (personal orders) of the President including containing in acts of the President, protocols of meetings (meetings) with its participation and the actions plans approved by the President or the Head of Presidential Administration, respectively under the resolution of the President, Head of Presidential Administration or the deputy manager of Presidential Administration authorized by it.

Removal from control of the orders containing in the decisions of the Security Council controlled by Presidential Administration is performed by the special advisor to the president – the Secretary of the Security Council.

Removal from control of the orders containing in decisions of Assembly is performed by the Head of Presidential Administration.

Removal from control execution of personal orders of the President and the orders published in its official accounts in social networks is performed only by the President.

Items of acts and/or orders of the President, and also the orders containing in decisions of Assembly are removed from control by the state body contractor (organization) only after their removal from control by the President, the Head of Presidential Administration or the deputy manager of Presidential Administration authorized by it.

The orders containing in decisions of the Security Council are removed from control by the state body contractor (organization) only after their removal from control by the special advisor to the president – the Secretary of the Security Council.

Removal from control of the messages delivered on control of the Government or state body according to the subitem 3) of Item 57 of Rules is performed by the Prime Minister or his deputy, the first head of the relevant state body.

If it will be determined that the Item of the order of the President was removed from control with violation of requirements of subitems 1), 1-1) and 2) of Item 57 of Rules, the President or the Head of Presidential Administration based on the expert opinion of structural division of Presidential Administration make the decision on renewal of control and prolongation of completion dates of such Item of the order;

To 1-1) orders of the First President of the Republic of Kazakhstan – Elbasa, including containing in protocols of meetings (meetings) with its participation and the actions plans approved by the First President of the Republic of Kazakhstan – Elbasa, – respectively under the resolution of the First President of the Republic of Kazakhstan – Elbasa;

2) to the orders of the Management of Presidential Administration including containing in protocols of meetings at the Management of Presidential Administration and the actions plans approved by it – under the resolution of the Head of Presidential Administration or person who gave the assignment;

3) to the orders of the Prime Minister including containing in acts of the Government and the Prime Minister, protocols of meetings of the Government and meetings with the Prime Minister – under the resolution of the Prime Minister or the other person according to its order;

4) to the orders of the Deputy prime minister including containing in protocols of the meetings held by him and the actions plans approved by it – under the resolution of the Deputy prime minister or the other person according to its order;

5) to the orders of the Head of Office including containing in protocols of the held meetings with the Head of Office and the actions plans approved by him – under the resolution of the Head of Office or person fulfilling its duties;

6) to the offer of the state body contractor (organization), and in cases if powers of the Government are affected, – after approval of the Prime Minister (person fulfilling its duties) or his deputy, based on the expert opinion of structural division of Presidential Administration or its consent which is drawn up by visas of responsible officials of Presidential Administration;

7) based on the expert opinion of structural division of Presidential Administration following the results of checks of Presidential Administration with departure into place, and also the carried-out audits and other forms of documentary check.

For removal from control of Items of acts and/or orders the head of the state body (organization) responsible for execution introduces in Presidential Administration the letter with the developed statement of one of the bases specified in Item 57 of Rules.";

the second Item 144 to state part in the following edition:

"Reporting information on the course of implementation of acts and orders of the President, and also the orders containing in decisions of the Security Council and Assembly includes data in form, stipulated in Item 50 Rules.";

6) of Item 145 to state the subitem in the following edition:

"6) analysis results regarding influence of execution of Items of acts and/or orders on achievement of the strategic indicators of development of the country determined in the National development plan for the Republic of Kazakhstan and other documents of System of state planning.";

state Item 154 in the following edition:

"154. The state bodies which are developers of normative legal decrees conduct monitoring on permanent basis and till December 31 of the current year send to Presidential Administration information on results of monitoring and, in case of need, the offer on entering into the relevant decrees of changes and (or) amendments or recognition their invalid.";

state Item 157 in the following edition:

"157. On the basis of the National development plan for the Republic of Kazakhstan till 2025, National priorities, the Plan of territorial development of the country each state body entering into structure of the Government, local executive bodies of areas (the cities of republican value, the capital) develop the memorandum for the corresponding financial year which is signed by the first head of state body or the akim of area (the city of republican value, the capital) and affirms the Prime Minister.".

2. In the order of the Government of the Republic of Kazakhstan of August 29, 2016 No. 486 "About approval of Rules of carrying out legal monitoring":

in the Rules of carrying out legal monitoring approved by the specified resolution:

3) of Item 17 to state the subitem in the following edition:

"3) analysis results of efficiency of the legislation (the analysis of regulatory legal acts) which is carried out by the authorized organization (providing scientific legal examination of drafts of the laws), determined by the Government of the Republic of Kazakhstan;";

in appendix 1:

exclude the column 11 "Data on Recognition of Regulatory Legal Act (or Its Separate Parts) Invalid";

in appendix 2:

exclude the column 11 "Data on Recognition of Regulatory Legal Act (or Its Separate Parts) Invalid".

3. In the order of the Government of the Republic of Kazakhstan of December 29, 2016 No. 907 "About approval of Rules of legislative work of the Government of the Republic of Kazakhstan":

state preamble in the following edition:

"According to item 4 of article 17-1 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" the Government of the Republic of Kazakhstan DECIDES:";

in the Rules of legislative work of the Government of the Republic of Kazakhstan approved by the specified resolution:

state Item 12 in the following edition:

"12. According to advisory documents which infringe on interests of subjects of private entrepreneurship are without fail published announcements (information messages) in media, including placement on Internet resources, no later than 2 (two) working days before their consideration by Scientific Production Enterprise and advisory council (extend).";

state Item 26 in the following edition:

"26. The draft of the concept with all applied materials and the preliminary text of the bill is placed on the Internet portal open for the NPA for consideration by his members of the commission what the developer within 1 (one) working day notifies members of the commission on.

Other interested persons can also leave comments according to the draft of the concept on the Internet portal open for the NPA.";

appendix 9 to Rules of legislative work of the Government of the Republic of Kazakhstan to be reworded as follows according to appendix to these changes.

Appendix

to Changes which are made to some decisions of the Government of the Republic of Kazakhstan

Appendix 9

to Rules of legislative work of the Government of the Republic of Kazakhstan

The standard program of information support of the adopted law

№ of payment order	Name of action	Completion form	Term	Target indicator	Executives in charge
1	2	3	4	5	6
Organizational work
1.	Ensuring smooth and effective operation between developers of the law, the press service and other structural divisions	internal order / rule / algorithm			body developer
2.	Preparation and the direction in authorized body on media of the adopted law, the explanatory note, the list of bylaws, the list of delayed regulations with indication of Date of Introduction in force which become effective after official publication	document package	within 3 (three) working days after official publication		body developer
3.	Preparation and the direction in authorized body on media of the list of developers with indication of First name, middle initial, last name, contacts and field of activity (in particular it concerns the interdepartmental laws)	list of the officials responsible for development of the law	within 3 (three) working days after official publication		body developer
4.	Preparation and the direction in authorized body on media of the list of speakers (with indication of First name, middle initial, last name, contacts, field of activity, the preferred language). The list of speakers shall consist of number of developers, target group, experts in the field, social activists	list of speakers	within 3 (three) working days after official publication		body developer
5.	Preparation and the direction in authorized body on media of the possible risks (organizational, legal, social) connected with implementation of the law	risk analysis	within 3 (three) working days after official publication	at least 1 analytical note	body developer
6.	Carrying out permanent monitoring of information field	monitoring activities	during 1 (one) calendar month from the date of official publication	directory materials	body developer
7.	Preparation and the direction in authorized body on media as required media products on promotion and explanation of the main aspects of the adopted law (infographics, the teleschedule, videos, etc.)	media products	within 3 (three) working days after official publication	at least 2 infographics and 1 video (as necessary) in the state and Russian languages	body developer, MIOR
Information work
1.	Development and transfer to the coordinator of the consolidated system of the websites of state bodies of the list of keywords for search in browsers in the law	list of keywords	within 3 (three) working days after official publication	at least 1 list	body developer
2.	Placement on own resources of body developer of the law, explanatory note, list of bylaws, the list of delayed regulations with indication of Date of Introduction in force	the publication on own resources of body developer	within 3 (three) working days after official publication	all list under one reference with possibility of search in the website and in search engines Google, Yandex, Mail, Explorer	body developer
3.	Placement on personal pages and on social networks of the first heads of body developer of the standard message in the state and Russian languages. Example: "From now on the Law "O" becomes effective......... This Law is directed on …. For detailed acquaintance you can follow the link (the reference to the website of the department)"	the publication of the message on personal pages on social networks of the first heads of departments	within 3 (three) working days after official publication	scope at least 2 kinds of social networks of the first heads	body developer
4.	Preparation and the direction in STsK of the signed law, explanatory note, list of bylaws, risk analysis, the analysis of information field, the list of delayed regulations for decision making about feasibility of holding press conference	the letter to STsK with document package	if necessary	press conference	body developer, STsK (under approval)
5.	Placement of developed infographics and videos on personal pages on social networks of the first heads	publication of infographics and videos	within 3 (three) working days after official publication	at least 2 publications on at least 2 resources	body developer
6.	The organization of release of Articles in media and on Internet resources in the state and Russian languages	Articles in media and on the Internet portals	during 1 (one) calendar month from the moment of official publication	at least 2 Articles in the state and Russian languages	body developer, MIOR
7.	The organization of placement of the infographics and videos transferred by body developer in media and social networks (if necessary)	publications in media and social networks	during 1 (one) calendar month from the moment of official publication	at least 2 publications in media and social networks with scope at least 5 thousand users	body developer
8.	Information maintenance of briefings of STsK about explanation of the adopted law	plots in news blocks of the state media	after holding briefing	at least 2 plots	body developer, STsK (under approval)
9.	The organization of discussion and exit of interview for the adopted law in programs of republican and regional TV channels (as required)	information and analytical programs	the entire period of discussion of the adopted law	at least 3 programs	body developer, MIOR, STsK (under approval)
10.	The organization of expert support of the adopted law	involvement of experts	after official publication	at least 2 publications in printing editions	body developer
11.	Providing release of specialized programs for discussion and explanation of the adopted law on republican and regional TV channels (if necessary)	information and analytical programs	the entire period of discussion of the adopted law	at least 3 programs	MIOR, STsK (under approval)

Note: disaggregation of abbreviations:

MIOR – Ministry of information and social development of the Republic of Kazakhstan

Media – mass media

STsK – Service of the central communications in case of the President of the Republic of Kazakhstan

 

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