On State Services

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 15 April, 2013 No. 88-V.

      This Law regulates the public relations in the scope of rendering of the state services.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:

      1) the authorized body in the field of information - the central executive body, which exercises management and inter-sectoral coordination in the field of information and "electronic government";

      2) one-stop shop principle – a form of centralized rendering of the state service, providing minimum participation of service recipient in the collection and preparation of documents upon rendering of the state service and restriction of its direct contact with service providers;

      3) service recipient – individual and legal entity, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts;

      4) service provider – central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts, as well as individuals and legal entities, rendering of the state services in accordance with the legislation of the Republic of Kazakhstan;

      5) the state service – one of the form of implementation of separate state functions, carried out on an individual basis on application of service recipients and directed to exercise of their rights, freedoms and legal interests, provision them relevant material or non-material values;

      6) the state service regulation - is a normative legal act that establishes requirements for compliance with the state service standard and defines the procedure for operation of service providers, including the procedure for interaction with other service providers, the State Corporation "Government for Citizens", and the use of information systems in rendering state services;

      7) standard of the state service – regulatory legal act, establishing requirements to rendering of the state service, as well as including the process characteristics, forms, content and result of rendering of the state service;

      8) register of the state services - classified list of the state services;

      9) the Unified call center - is a legal entity determined by the Government of the Republic of Kazakhstan, which acts as a reference and information service for providing information to the service recipients on the issues of provision of state and other services, as well as to the state bodies – the information on provision of information and communication services;

      10) information system for monitoring the provision of state services - an information system designed to automate and monitor the provision of state services, including through the State Corporation "Government for Citizens";

      11) public monitoring of quality of rendering of the state services – an activity of individuals, noncommercial organizations on collection, analysis of information on the level of quality of rendering of the state services and making recommendations;

      12) quality assessment of rendering of the state services – an activity on determination of efficiency of measures on ensuring the service recipients by accessible and quality state services, rendering by the central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts;

      13) state control over the quality of provision of state services - activities to verify and monitor compliance with the legislation of the Republic of Kazakhstan in provision of state services by central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of district significance, settlements, villages, rural districts, as well as by individuals and legal entities providing state services in accordance with the legislation of the Republic of Kazakhstan;

      14) an authorized body on assessment and control of the quality of rendering of the state services – central state body, carrying out activity on assessment and control of the quality of rendering of the state services within its competence;

      15) process automation of rendering of the state services – procedure of transformation of administrative processes of service provider to ensure rendering if the state service in electronic form;

      16) process optimization of rendering of the state services – a measure, directed to process simplification of rendering of the state service, reduction of term of rendering of the state service, list of documents, presented by the service recipients, as well as links of the process of its rendering, as well as by automation;

      17) an authorized body in the scope of rendering of the state services – a central state body, carrying out management and cross-sector coordination in the scope of rendering of the state services;

      18) the State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) - is a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide state services in accordance with the legislation of the Republic of Kazakhstan, organizing work on receiving applications for provision of state services and issuing their results to a service recipient on "one window " principle, and ensuring the provision of state services in electronic form;

      19) web-portal “electronic government” – information system, presenting one stop shop of access to all of the consolidated government information, including regulatory legal base, and to the state services, rendered in electronic form.

      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 2. The legislation of the Republic of Kazakhstan in the scope of rendering of the state services

      1. The legislation of the Republic of Kazakhstan in the scope of rendering of the state services shall be based on the Constitution of the Republic of Kazakhstan, and shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

Article 3. Basic principles of rendering of the state services

      The state services shall be rendered on the basis of the following basic principles:

      equal access to the service recipients without any discrimination on grounds of origin, social, official and property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances;

      inadmissibility of bureaucracy and red tape upon rendering of the state services;

      accountability and transparency in the scope of rendering of the state services;

      quality and accessibility of the state services;

      continuous improvement of the process of rendering of the state services;

      economy and efficiency upon rendering of the state services.

Article 4. Rights of service recipients

      1. Service recipients shall have a right to:

      1) in an intelligible form, to receive from a service provider the complete and reliable information on the procedure for providing a state service;

      2) receive the state service in accordance with the standard of the state service;

      3) to appeal against decisions, actions (inaction) of central state body, local executive body of the region, city of the republican significance, the capital, district, town of regional significance, akim of the district in the city, town of district significance, settlement, village, rural district, as well as the service provider and (or) their officials, the State Corporation and (or) its employees on the provision of state services in the manner prescribed by the legislative acts of the Republic of Kazakhstan;

      4) receive the state service in paper and (or) electronic form in accordance with the legislation of the Republic of Kazakhstan;

      5) participate in the public discussions of projects of standards of the state services in the manner provided by Article 15 of this Law;

      6) apply to court with claim on protection of violated rights, freedoms and legal interests in the scope of rendering of the state services.

      2. Foreigners, persons without citizenship and foreign legal entities shall receive the state services on an equal basis with the citizens and legal entities of the Republic of Kazakhstan, unless otherwise provided by the Laws of the Republic of Kazakhstan.

      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 5. Rights and obligations of service providers

      1. Service providers shall have a right to:

      1) apply with request to the central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts for information, necessary for rendering of the state services;

      2) refuse in rendering of the state services in the cases and on the grounds established by the Laws of the Republic of Kazakhstan.

      2. Service providers shall be obliged to:

      1) render the state services in accordance with the standards and regulations of the state services;

      2) create the necessary conditions for persons with disabilities upon reception by them the state services;

      3) provide full and reliable information on procedure of rendering of the state services to the service recipients in the accessible form;

      4) to provide central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, other service providers, the State Corporation with the documents and information required for provision of state services, including through the integration of information systems, in accordance with the legislation of the Republic of Kazakhstan;

      5) to ensure delivery of the result of a state service to the State Corporation provided through the State Corporation, not later than a day before the expiry of the timeframe for the provision of the state service established by the state service standard;

      6) to improve the skills of employees in the provision of state services, as well as to improve skills in communicating with people with disabilities;

      7) consider complaints of service recipients and inform them on the results of consideration in the terms, established by this Law;

      8) inform on request of service recipients on the stage of execution of the state service;

      9) take measures, directed to restoration of violated rights, freedoms and legal interests of service recipients;

      10) ensure the smooth functioning of information systems, contained the necessary details for rendering of the state services;

      11) ensure entering of data to the information system of monitoring of rendering of the state services on the stage of rendering of the state services in the manner established by the authorized body in the scope of informatization;

      12) obtain written consent of service recipient for the use of details, constituting legally protected secret, contained in the information systems, upon rendering of the state services, unless otherwise provided by the Laws of the Republic of Kazakhstan.

      When rendering state services, it is not allowed to demand from the service recipients:

      1) the documents that can be obtained from information systems;

      2) the notarized copies of documents, originals of which are submitted for verification to the service provider, with the exception of cases provided for by the legislation of the Republic of Kazakhstan regulating pension and social security issues.

      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Chapter 2. THE STATE REGULATION IN THE SCOPE OF
RENDERING OF THE STATE SERVICES

Article 6. The competence of the Government of the Republic of Kazakhstan in the scope of rendering of the state services

      The Government of the Republic of Kazakhstan shall:

      1) develop the basic directions of the state policy in the scope of rendering of the state services and organize their implementation;

      2) approve register of the state services;

      2-1) approves the provision on the Interdepartmental commission on selection of state services to be rendered through the State Corporation and its composition;

      3) – 9) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      10) exercise other functions, imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 7. The competence of the authorized body on assessment and control of quality of rendering of the state services

      An authorized body on assessment and control of quality of rendering of the state services shall:

      1) ensure implementation of the state policy in the scope of rendering of the state services within its competence;

      2) exercise state control over the quality of state services;

      3) develop and approve the rules of state control over the quality of state services;

      4) request information on the results of internal control of quality of rendering of the state services;

      5) develop and approve the method of quality assessment of rendering of the state services in coordination with the authorized body in the scope of informatization;

      6) carry out formation and implementation of the state social order on conducting of public monitoring of quality of rendering of the state services;

      7) is excluded by the Law of the Republic of Kazakhstan dated 02.11.2015 № 384-V (shall be enforced from 01.01.2016);

      8) render information, consultative, methodical support to the individuals and noncommercial organizations on conducting of public monitoring of quality of rendering of the state services;

      9) exercise other functions, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan.

      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 02.11.2015 № 384-V (shall be enforced from 01.01.2016); dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 8. The competence of the authorized body in the scope of rendering of the state services

      An authorized body in the scope of rendering of the state services shall:

      1) ensure implementation of the state policy in the scope of rendering of the state services;

      2) develop and approve the rules of maintenance of register of the state services;

      3) carry out development and maintenance of register of the state services;

      4) develop and approve the rules on development of standards and regulations of the state services in coordination with the authorized body in the scope of informatization;

      5) carry out coordination of projects of standards of the state services;

      6) conduct monitoring of activity of central state bodies, local executive bodies of regions, cities of republican significance and the capital on development of standards and (or) regulations of the state services;

      7) develop and approve the method of determination of the cost of the state service;

      8) develop and approve procedure of formation, the terms of presentation and standard form of report of activity of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts on issues of rendering of the state services;

      9) develop suggestions on improvement of standards of the state services;

      10) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. The competence of the authorized body in the scope of informatization

      An authorized body in the scope of informatization shall:

      1) ensure implementation of the state policy in the scope of rendering of the state services within its competence;

      2) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016);
      3) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016);
      4) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016);
      5) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016);
      6) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016);

      7) develop and approve the list of the state services, subjected to optimization and automation, and terms of their transfer to the electronic form;

      8) organize and coordinate the work of the Unified call center;

      8-1) approve the list of the state services, rendering in electronic form on the basis of one application;

      9) approve the rules of work of the Unified call center;

      10) approve the rules for interaction of the Unified call center with central state bodies, local executive bodies of the regions, cities of the republican significance, the capital, districts, cities of regional significance, akims of the districts in the city, towns of regional significance, settlements, villages, rural districts, as well as the service providers;

      11) coordinate the draft state service standards providing for an electronic form of provision of state services;

      12) develop proposals to improve the state service standards provided in electronic form;

      12-1) conduct an inspection of the activities of the State Corporation within the limits of its competence;

      12-2) is entitled to receive information from state bodies and organizations on the activities of the State Corporation;

      13) develop and approve the rules of optimization and automation of the state services;

      14) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016).

Article 9-1. Competence of the authorized body determined by the Government of the Republic of Kazakhstan from among the central state bodies

      Authorized body:

      1) develops and approves the rules of work of the State Corporation;

      2) develops and approves the rules for selecting state services to be provided through the State Corporation, upon agreement with the authorized body in the field of information;

      3) organizes and controls the activities of the State Corporation;

      4) coordinates the activities of the State Corporation and its interaction with service providers;

      5) provides methodological support for the activities of the State Corporation;

      6) carries out the coordination of draft state service standards providing for the provision of state services through the State Corporation;

      7) develops proposals to improve the state service standards provided through the State Corporation;

      8) determines the order of pricing for services rendered by the State Corporation.

      Footnote. Chapter 2 is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 10. The competence of the central state bodies

      Central state bodies shall:

      1) develop and approve the standards of the state services;

      2) develop and approve the regulation of the state services;

      3) ensure improvement of quality, availability of state services;

      4) provide accessibility of standards and regulations of the state services;

      5) inform service recipients in an intelligible form on the procedure for rendering state services;

      6) consider application of service recipients on issues of rendering of the state services;

      7) take measures, directed to restoration of violated rights, freedoms and legal interests of service recipients;

      8) provide the advanced training for employees in provision of state services, communication with people with disabilities;

      9) take measures on optimization and automation of processes of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan in coordination with the authorized body in the scope of informatization;

      10) ensure provision of information to the authorized body on assessment and control of quality of rendering of the state services for conducting of quality assessment of rendering of the state services, as well as information on the results of internal control of quality of rendering of the state services in the manner and terms, established by the legislation of the Republic of Kazakhstan;

      11) ensure provision of information to the authorized body in the scope of informatization for conducting of quality assessment of rendering of the state services, rendered in electronic form, in the manner and terms, established by the legislation of the Republic of Kazakhstan;

      12) grant access to the State Corporation to information systems containing information necessary for the provision of state services, unless otherwise provided by the legislation of the Republic of Kazakhstan;

      13) provide information on the procedure for rendering state services to the Unified call center;

      14) conduct internal control of quality of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan;

      15) ensure observance of standards of the state services by the service providers;

      16) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 10 As amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 11. The competence of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts

      Local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts shall:

      1) ensure improvement of quality, accessibility of the provision of state services in the territory of the respective administrative-territorial unit;

      2) provide an access of standards and regulations of the state services;

      3) inform service recipients in an intelligible form on the procedure for rendering state services;

      4) consider applications of service recipients on issues of rendering of the state services;

      5) take measures, directed to restoration of violated rights, freedoms and legal interests of service recipients;

      6) provide the advanced training for employees in provision of state services, communication with people with disabilities;

      7) take measures on optimization and automation of processes of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan in coordination with the authorized body in the scope of informatization;

      8) ensure provision of information to the authorized body on assessment and control of quality of rendering of the state services for conducting of quality assessment of rendering of the state services, as well as information on the results of internal control of quality of rendering of the state services in the manner and terms, established by the legislation of the Republic of Kazakhstan;

      9) ensure provision of information to the authorized body in the scope of informatization for conducting of quality assessment of rendering of the state services, rendered in electronic form, in the manner and terms, established by the legislation of the Republic of Kazakhstan;

      10) grant access to the State Corporation to information systems containing information necessary for provision of state services, unless otherwise provided by the legislation of the Republic of Kazakhstan;

      11) provide information on the procedure for rendering state services to the Unified call center;

      12) conduct internal control of quality of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan;

      13) ensure observance of standards of the state services by the service providers;

      14) exercise other powers, imposed by the legislation of the Republic of Kazakhstan in the interests of local state management.

      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 11-1. Organization of work of the State Corporation

      1. The state corporation is a unified provider that performs activities in rendering state services to individuals and (or) legal entities on "one window" principle, registration of pledges of movable property not subject to obligatory state registration of individuals and legal entities, technical inspection of buildings, structures and (or) their components, maintenance of the state land cadastre, pension and social security.

      Other persons are prohibited to carry out the activities of a unified provider.

      2. The state corporation is established in the form of a joint-stock company, is a non-profit organization.

      The state corporation has its branches.

      3. The sole shareholder of the State Corporation is the Government of the Republic of Kazakhstan. The authorized body of the State Corporation is determined by the decision of the Government of the Republic of Kazakhstan from among the central state bodies.

      4. The State Corporation:

      1) ensures improvement of the quality of state services;

      2) ensures compliance with state service standards and regulations;

      3) ensures information awareness of service recipients on the provision of state services;

      4) examines appeals of service recipients on the issues of provision of state services;

      5) provides the advanced training for employees in the provision of state services;

      6) renders state services to individuals and (or) legal entities on "one window" principle in accordance with the legislation of the Republic of Kazakhstan;

      7) exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 11-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Chapter 3. REGISTER, STANDARD AND REGULATION OF
THE STATE SERVICES

Article 12. Register of the state services

      1. The state services shall subject to inclusion to the register of the state services.

      2. Register of the state services shall provide:

      the name of the state service;

      details on service recipient (individual and (or) legal entity); the name of the central state body, developing the standard of the state service, name of service provider;

      name of organizations, carrying out reception of applications and issuance of results of rendering of the state service, and (or) indication of the web-portal “electronic government” in the case of rendering of the state service in electronic form;

      a form of rendering of the state service;

      availability at a fee or free-of-charge basis of rendering of the state service.

Article 13. General requirements to development and approval of the standard of the state service

      1. The standards of the state services shall be developed and approved by the central state bodies for ensuring of uniform requirements to the quality of rendering of the state services, as well as for the state services, rendered by the foreign institutions of the Republic of Kazakhstan, by the local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural district.

      The standard of the state service, rendered by the state body, subordinated and accountable to the President of the Republic of Kazakhstan shall be approved in coordination with the Presidential Administration of the Republic of Kazakhstan.

      The state service standard shall be developed and approved within three months from the date of approval of the register of state services or introduction of additions to it.

      2. The project of standard of the state services shall subject to public discussion in the manner provided by Article 15 of this Law.

      3. Adoption, change, addition and cancellation of the standards of the state services shall be carried out on the basis of suggestions of the authorized body on assessment and control of quality of rendering of the state services, authorized body in the scope of rendering of the state services, authorized body in the scope of informatization, central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts, as well as on the results of public monitoring of quality of rendering of the state services and (or) consideration of applications of service recipients on issues of rendering of the state services.

      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.04.2016 № 484-V (shall be enforced upon expiry of thirty calendar days after the day its first official publication).

Article 14. Requirements to the content of standard of the state service

      The standard of the state service shall provide:

      1) general provisions: the name of the state service;

      the name of central state body, developing the standard of the state service; the name of service provider;

      2) procedure of rendering of the state service:

      the term of rendering of the state service;

      the form of rendering of the state service;

      the result of rendering of the state service;

      the amount of payment, charged from the service recipient upon rendering of the state service, and methods of its charging in the cases provided by the legislation of the Republic of Kazakhstan;

      the work schedule of service provider;

      the list of documents, necessary for rendering of the state services;

      the grounds for refusal in rendering of the state service, established by the Laws of the Republic of Kazakhstan;

      3) the procedure for appealing decisions, actions (inaction) of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, and service providers and (or) their officials, the State Corporation and (or) its employees on the issues of provision of state services;

      4) other requirements, taking into account the specifics of the provision of state services, including those provided electronically and through the State Corporation.

      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 15. Public discussion of projects of standards of the state services

      1. Public discussion of projects of standards of the state services shall be conducted for the purposes of accounting of comments and suggestions of individuals and legal entities, rights, freedoms and legal interests of which are affected by the standards of the state services.

      2. Central state body, developing the standard of the state service shall place the project of standard of the state service for its public discussion on the web-portal “electronic government”, its web-site and (or) web-sites of local executive body of region, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district, as well as ensure informing of service recipients on project of standard of the state service by other methods during five business days from the date of inclusion of the state service to the register of the state services.

      3. Public discussion of project of standard of the state service shall be carried out during thirty calendar days from the date of its placement for public discussion.

      4. Central state body, developing the project of standard of the state service shall draw up a report on termination of public discussion of project of standard of the state service, which subject to placement on the web-portal “electronic government”, its web-site and (or) web-sites of local executive body of region, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district.

      A report on termination of public discussion of project of standard of the state service shall contain:

      the list and summary of comments and suggestions, received in the course of public discussion, with annex of substantiations on accepted and (or) unaccepted comments and suggestions;

      information on the method of familiarization with project of standard of the state service, developed in recognition of received comments and suggestions.

      Comments and suggestions of individuals and legal entities to the project of standard of the state service, received upon expiry of the term, specified in paragraph 3 of this Article shall not subject to consideration.

      Project of standard of the state service, developed on the result of public discussion, and report on termination of public discussion of project of standard of the state service shall be directed to coordination to the interested central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts.

      5. Projects of regulatory legal acts on introduction of amendments and (or) additions to the approved standards of the state services in a compulsory procedure shall subject to public discussion in the manner established by this Article.

Article 16. Requirements to development of regulation of the state service

      1. The regulations of state service shall be developed and approved by the central state bodies and local executive bodies of the regions, cities of the republican significance, the capital for organization of activity of service providers during thirty calendar days after introduction of standard of the state service.

      2. Regulation of the state service, developed by the central state body shall be approved by the regulatory legal act of the central state body or its head.

      3. Regulation of the state service, developed by local executive body of region, city of republican significance, the capital, as well as for local executive body of district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district shall be approved by the regulatory legal resolution of akimat of region, city of republican significance, the capital.

      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of thirty calendar days after the day its first official publication).

Article 17. Requirements to the content of regulation of the state service

      Regulation of the state service shall provide:

      1) general provisions;

      2) description of the procedure of actions of structural subdivisions (employees) of service provider in the process of rendering of the state service;

      3) description of the procedure of interaction of structural subdivisions (employees) of service provider in the process of rendering of the state service;

      4) a description of the procedure for interaction with the State Corporation and (or) other service providers, as well as the procedure for the use of information systems in provision of state services.

      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Chapter 4. RENDERING OF THE STATE SERVICES

Article 18. Rendering of the state services

      The state services shall be rendered:

      1) by the service providers;

      2) through the State Corporation;

      3) through a web portal of "electronic government" and subscriber device of a mobile network.

      Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016).

Article 19. Rendering of the state services by the service providers

      Requirements and procedure of rendering of the state services by the service providers shall be determined by the standard and regulation of the state services.

      In cases when the service provider submits an incomplete set of documents in accordance with the list provided for by the state service standard and (or) documents with expired validity, the provider refuses to accept the application.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of thirty calendar days after the day its first official publication).

Article 19-1. Refusal to render state services by service providers

      1. In case of refusal to provide a state service, the service provider sends a response to the service recipient with an indication of the reasons for the refusal.

      2. Service providers refuse to provide state services on the following grounds:

      1) establishment of unreliability of the documents submitted by the service recipient for receiving the state service, and (or) data (information) contained in them;

      2) incompliance of the service recipient and (or) the submitted materials, objects, data and information required for the provision of state services, with the requirements established by normative legal acts of the Republic of Kazakhstan;

      3) a negative response of the authorized state body to the request for approval, which is required for the provision of state services, as well as a negative conclusion of the examination, research or verification;

      4) in respect of the service recipient, there is a court decision (verdict) that entered into legal force banning activities or certain types of activities requiring a receipt of a certain state service;

      5) in respect of the service recipient, there is a court decision that entered into legal force on the basis of which the service recipient is deprived of a special right associated with the receipt of a state service.

      3. In case the service provider eliminates the reasons for refusing to provide the state service, the service recipient may apply again to receive the state service in the order established by the legislation of the Republic of Kazakhstan.

      4. The effect of paragraph 2 of this article does not apply to cases of obtaining a license in the manner prescribed by the Law of the Republic of Kazakhstan "On Permissions and Notifications".

      5. Laws of the Republic of Kazakhstan may establish other grounds for refusing to provide state services.

      Footnote. Chapter is supplemented by Article 19-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of thirty calendar days after the day its first official publication).

Article 20. Provision of state services through the State Corporation

      1. When rendering state services through the State Corporation, the provision of which provides for the sending of an application and documents of service recipient to service providers on paper, the day of receipt of applications and documents is not included in the period of rendering the state service established by the state service standard.

      2. An employee of the State Corporation is obliged to accept the application of the service recipient if he has a complete set of documents in accordance with the list provided for by the state service standard.

      In the event that the service recipient submits an incomplete set of documents in accordance with the list provided for in the state service standard, the employee of the State Corporation refuses to accept the application.

      3. When rendering a state service through the State Corporation, the identification of the service recipient is carried out by employees of the State Corporation.

      4. When rendering state services through the State Corporation, an interaction with service providers is carried out using the information system for monitoring the provision of state services.

      5. At the request of a service recipient, an employee of the State Corporation shall certify the electronic copy of the original document submitted by the service recipient.

      6. When rendering state services, the employees of the State Corporation are required to obtain the written consent of the service recipient to use the information constituting a secret protected by law contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.

      Footnote. Article 20 in the new wording of the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 21. Rendering of the state services in electronic form

      1. Rendering of the state services in electronic form shall be carried out by web-portal of “electronic government” in accordance with the legislation of the Republic of Kazakhstan.

      2. The result of rendering of the state service in electronic form shall be issuance of electronic document or document on paper medium or details from information system of “electronic government”.

      2-1. The results of the provision of state services in electronic form received through the subscriber device of the mobile network are sent to the user area on the web portal of "electronic government" in the form of an electronic document, and also at the choice of the recipient on his subscriber number in the form of a short text message.

      2-2. Obligatory requisites of the results of the provision of state services in electronic form obtained through the subscriber device of the mobile network, as well as the procedure for verifying their reliability are regulated by the legislation of the Republic of Kazakhstan on informatization.

      2-3. The results of the provision of state services in electronic form obtained through a subscriber device of a mobile network are used by the service recipient to confirm facts of legal significance without the need for their presentation on paper.

      3. When rendering a state service in an electronic form through the State Corporation on the basis of a written consent of the service recipient, his request in the form of an electronic document shall be certified by an electronic digital signature of the employee of the State Corporation issued to him for the use for official purposes.

      4. Several state services in electronic form may be rendered on the basis of one application in the manner determined by the authorized body in the scope of informatization.

      5. To render state services in electronic form, the state bodies are obliged on an ongoing basis to maintain the electronic information resources located in their information systems in an up-to-date state.

      Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016).

Article 22. Process optimization of rendering of the state services

      Process optimization of rendering of the state services shall be carried out by the central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts on a permanent basis in the manner determined by the authorized body in the scope of informatization.

Article 23. Informing of service recipients on procedure of rendering of the state services

      1. Informing on procedure of rendering of the state services shall be provided by:

      1) placement of standards of the state services in the location of service providers and public service centers;

      2) application of individuals and legal entities to the service providers;

      3) placement of standards of the state services on the web-portal of “electronic government”, web-sites of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts, service providers and other mass media;

      4) applying to the Unified call center.

      2. Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts and service providers shall update information on procedure of its rendering during three business days from the date of approval or change of the standard of the state service.

      3. Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, the service providers and the State Corporation are obliged to immediately provide information to service recipients on the procedure of the provision of state services with the necessary explanations when they apply.

      4. Information on the stage of rendering a state service is provided to the service recipient at his applying to the Unified call center and (or) to the service provider.

      5. Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts shall annually place a report on activity of issues of rendering of the state services on the web-portal of “electronic government”, web-sites and other mass media.

      6. Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, rural settlements, villages, rural districts shall conduct public discussions of reports on activity in the scope of rendering of the state services at least once a year with participation of service providers, interested individuals and legal entities. The results of public discussions shall be used for improvement of quality of rendering of the state services and improvement of standards of the state services.

      Footnote. Article 23 as amended by Law of the Republic of Kazakhstan No 408-V dated 17.11.2015 (shall be enforced from 01.03.2016); No 419-V dated 24.11.2015 (shall be enforced from 01.01.2016).

            Article 24. Payment for rendering of the state services

      1. The state services in the Republic of Kazakhstan shall be on a paid basis or free of charge in accordance with the Laws of the Republic of Kazakhstan.

      2. Establishment of payment for rendering of the state services, free provision of which is guaranteed by the Laws of the Republic of Kazakhstan for service recipient shall not be allowed.

Article 25. Features of consideration of complaints on issues of rendering of the state services

      1. Complaints of service recipients on issues of rendering of the state services shall subject to consideration in accordance with the legislation of the Republic of Kazakhstan in recognition of features, established by this Law.

      2. Complaint of service recipient, received to the address of central state body, local executive body of region, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district, service provider, public service center shall subject to consideration during five business days from the date of its registration.

      Complaint of service recipient, received to the address of the authorized body on assessment and control of quality of rendering of the state services shall subject to consideration during fifteen business days from the date of its registration.

      3. An authorized body on assessment and control of quality of rendering of the state services on results of consideration of complaint shall be obliged to:

      1) provide a comprehensive study of the reasons for dissatisfaction of the service recipient with the decision of central state body, local executive body of the region, city of the republican significance, the capital, district, town of regional significance, akim of the district in the city, town of district significance, settlement, village, rural district, the service provider, the State Corporation at his complaint;

      2) in the case of establishment of the fact of non-observance of the legislation of the Republic of Kazakhstan in the scope of rendering of the state services on the part of the central state body, local executive body, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district, direct suggestions to their address for adoption of measures on restoration of violated rights, freedoms and legal interests of service recipient;

      3) carry out control of timeliness and completeness of fulfilment of a complaint of service recipient on the part of central state body, local executive body of region, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district.

      4. The term of consideration of complaint by the authorized body on assessment and control of quality of rendering of the state services, central state body, local executive body of region, city of republican significance, the capital, district, city of regional significance, akim of district in the city, city of district significance, rural settlement, village, rural district shall be extended for not more than ten business days in cases of necessity:

      1) conducting an additional study or verification on complaint or verification on-site;

      2) receive additional information.

      In the case of extension of the term of consideration of complaint, a civil servant invested with authority on consideration of complaints shall inform the service recipient, made a complaint on extension of the term of consideration of complaint in written form (upon filing of a complaint on paper medium) or electronic form (upon filing of a complaint in electronic form) with indication of reasons of extension during three business days from the date of extension of the term.

      Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Chapter 5. State control over the quality of state services. Evaluation and public monitoring of the quality of state services

      Footnote. The title of Chapter 5 in the new wording of the Law of the Republic of Kazakhstan dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 26. Principles of state control over the quality of state services, evaluation and public monitoring of the quality of state services

      State control over the quality of state services, evaluation and public monitoring of the quality of state services is based on the following principles:

      1) legality;

      2) objectivity;

      3) impartiality;

      4) reliability;

      5) comprehensiveness;

      6) transparency.

      Footnote. Article 26 in the new wording of the Law of the Republic of Kazakhstan dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 27. Specifics of state control over the quality of state services

      1. State control over the quality of provision of state services is carried out in accordance with the legislation of the Republic of Kazakhstan.

      2. State control over the quality of provision of state services is the activity in rendering state services of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, as well as individuals and legal entities that provide state services in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 27 in the new wording of the Law of the Republic of Kazakhstan dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 28. Procedure of conducting of assessment of rendering of the state services

      Assessment of quality of rendering of the state services, except for the state services, rendered in electronic form shall be carried out by the authorized body on assessment and control of quality of rendering of the state services in the manner established by the legislation of the Republic of Kazakhstan.

      Assessment of quality of the state services, rendered in electronic form shall be carried out by the authorized body in the scope of informatization in the manner established by the legislation of the Republic of Kazakhstan.

Article 29. Public monitoring of quality of rendering of the state services

      1. Public monitoring of quality of rendering of the state services shall be conducted by the individuals, noncommercial organizations on their own initiative and at their own expense.

      Public monitoring of quality of rendering of the state services shall be also conducted on the state social order of the authorized body on assessment and control of quality of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan.

      2. When conducting public monitoring of the quality of state services, the individuals, non-profit organizations have the right to request the necessary information from central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, the State Corporation, related to the provision of state services, in the absence of this information on their online resources, except for the information constituting state secrets, commercial and other secrets protected by law, in accordance with the legislation of the Republic of Kazakhstan.

      3. Individuals, noncommercial organizations shall make a conclusion on the results of public monitoring of quality of rendering of the state services. Conclusion of public monitoring of quality of rendering of the state services shall include:

      1) information on compliance of central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, the State Corporation, as well as service providers with the requirements of the legislation of the Republic of Kazakhstan in the field of rendering state services;

      2) recommendations on elimination of the facts of non-observance of the legislation of the Republic of Kazakhstan in the scope of rendering of the state services, revealed in the course of public monitoring of quality of rendering of the state services;

      3) suggestions on improvement of quality of rendering of the state services;

      4) suggestions on introduction of amendments and additions to the standards of the state services.

      4. Central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in the city, towns of regional significance, settlements, villages, rural districts, the State Corporation, as well as service providers take measures to improve the quality of rendering the state services taking into account the conclusion of public monitoring of quality of rendering the state services.

      Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Chapter 6. FINAL PROVISIONS

Article 30. Responsibility for violation of the legislation of the Republic of Kazakhstan in the scope of rendering of the state services

      Violation of the legislation of the Republic of Kazakhstan in the scope of rendering of the state services shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

Article 31. The order of enforcement of this Law

      This Law shall be enforced upon expiry of thirty calendar days after its first official publication.

The President


of the Republic of Kazakhstan

N.Nazarbayev


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