ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2022 No. 1082

About modification and amendments in some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes and additions 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 December 28, 2022 No. 1082

Changes and additions 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 October 28, 2004 No. 1120 "Questions of the Ministry of Justice of the Republic of Kazakhstan":

in Regulations on the Ministry of Justice of the Republic of Kazakhstan approved by the specified resolution:

Item 14:

add with subitem 9-1) of the following content:

"9-1) project development of the laws concerning enhancement of the penal and criminal procedure legislation prepared within the legislative initiative of the Government;";

add with subitems 256-1), 256-2), 256-3), 256-4), 256-5), 256-6), 256-7), 256-8), 256-9), 256-10) and 256-11) of the following content:

"256-1) implementation of forming, monitoring of realization and assessment of results of the state social order according to the procedure, determined by authorized body in the field of interaction with non-governmental organizations;

256-2) creation of council on interaction and cooperation with non-governmental organizations;

256-3) submission of information on implementation of the state social order to authorized body in the field of interaction with non-governmental organizations;

256-4) placement on the Internet resource of the planned subjects and information on implementation of the state social order, and also assessment of results of the state social order;

256-5) rendering information, advisory, methodical support to the non-governmental organizations performing the state social order;

256-6) provision of state grants within the competence through the operator in the field of grant financing of non-governmental organizations and consideration of the report of operator on results of implementation of state grants;

256-7) implementation of efficiency evaluation of state grants with involvement of representatives of civil society according to rules of forming, provision, monitoring and efficiency evaluation of state grants;

256-8) on the basis of recommendations of Coordination council about interaction with non-governmental organizations under authorized body in the field of interaction with non-governmental organizations forming of state grants in the directions and the amounts of financing;

256-9) carrying out competitive selection of strategic partners and the conclusion of contracts with them according to rules of implementation of the state order on realization of strategic partnership;

256-10) implementation of assessment of execution by strategic partners of obligations according to the signed contracts and rules of implementation of the state order for realization of strategic partnership;

256-11) annually till December 1 submission to authorized body in the field of interaction with non-governmental organizations of information on results of the state order on realization of strategic partnership according to rules of implementation of the state order on realization of strategic partnership;".

2. In the order of the Government of the Republic of Kazakhstan of November 9, 2006 No. 1072 "About approval of the Standard regulations on legal services of state bodies of the Republic of Kazakhstan":

in the Standard regulations on legal services of state bodies of the Republic of Kazakhstan approved by the specified resolution:

the thirteenth and fourteenth Item 8 to state paragraphs in the following edition:

"at least once a half-year analyze condition of claim work, court practice on disputes with participation of state body of the Republic of Kazakhstan for the purpose of identification of the basic reasons and conditions which entailed the corresponding legal proceedings and make offers on their elimination and accountability of guilty officials to the first head of state body or the chief of staff of state body;

in case of availability of the bases, stipulated by the legislation, timely take measures for appeal of the court resolution adopted not for benefit of state body in all degrees of jurisdiction with observance of procedure for the approval stated in Item 8-3 of this Standard provision and also in the procedure established by the legislation address to bodies of prosecutor's office with petitions for bringing of protests according to the procedure of supervision;";

in Item 8-1:

2) to state the subitem in the following edition:

"2) the number of agreed projects without the notes approved "by default", registered by the NPA;";

3) to state the subitem in the following edition:

"3) the number of the projects approved with notes, refused approval and notes refused state registration of the NPA with breakdown on nature:

the contradicting Constitutions;

contradicting regulatory legal acts of higher level;

contradicting regulatory legal acts of one level;

editorial notes;

notes on legal method;";

add with Item 8-3 of the following content:

"8-3. Obligatory approval of the right of appeal appeal of the judgment or the right to submission of the petition for contest of the court resolutions provided by part one of Article 434 of the Code of civil procedure of the Republic of Kazakhstan (further – approval), is performed in the following procedure:

1) departments of the central state bodies perform approval of the relevant central state bodies;

2) territorial subdivisions of the central state bodies perform approval of the relevant central state bodies;

3) territorial subdivisions of departments of the central state bodies perform approval of the relevant departments of the central state bodies;

4) territorial subdivisions of territorial departments perform approval of the relevant territorial departments of the central state bodies;

5) the executive bodies financed from the local budget, formed by akimat of the respective area, city of republican value, the capital, area (city of regional value) perform approval of the corresponding akims of area, city of republican value, the capital, area (city of regional value) or the other person according to part nine of Item 8-3 of this Standard provision;

6) akims of the area perform approval of the corresponding akims of area;

7) akims of the area in the city perform approval of the corresponding akims of the city, city of republican value or the capital;

8) akims of the rural district, settlement and village which is not part of the rural district perform approval of the corresponding akims of the area.

Requirements for approval do not extend in case of submission of the petition for appeal or the petition for contest of court resolutions by central state bodies, akims of areas, the city of republican value, the capital, departments of Committee of homeland security, National Bank of the Republic of Kazakhstan, and also the branches, representations, departments and the organizations constituting single structure of National Bank of the Republic of Kazakhstan.

In case of submission of the petition for appeal or the petition for contest of court resolutions by military units and organizations of Armed Forces, other troops and military forming of the Republic of Kazakhstan, approval is performed according to the procedure, approved as heads of the relevant state bodies.

The request about approval of the right of appeal appeal of the judgment or the right to submission of the petition for contest of the court resolutions provided by part one of Article 434 of the Code of civil procedure of the Republic of Kazakhstan (further – request), goes in writing signed by the head of relevant organ.

The draft of the petition for appeal or the application for revision of court resolution in cassation procedure which is drawn up according to requirements of the Code of civil procedure of the Republic of Kazakhstan is attached to request.

The inquiry is sent no later than ten working days before the expiration of submission due dates of the petition for appeal or the application for revision of court resolution in cassation procedure established by the Code of civil procedure of the Republic of Kazakhstan.

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