Unofficial translation
Footnote. Expired by the Decree of the Government of the Republic of Kazakhstan dated 01.09.2021 No. 590 (effective from the date of its signing and subject to official publication).In accordance with Paragraph 4-1 of Article 9-1 of the Law of the Republic of Kazakhstan dated November 27, 2000 “On Administrative Procedures”, the Government of the Republic of Kazakhstan hereby DECREES AS FOLLOWS:
1. Approve the attached Instruction for development and approval of regulations on the state authority.
2. This Decree shall be enforced from the day of signing and subject to official publication.
| The Prime Minister | |
| of the Republic of Kazakhstan | S. Akhmetov |
| Approved by the Decree of the Government of the Republic of Kazakhstan No. 1672 dated December 25, 2012 |
Instruction
for development and approval of regulations on the state authority
1. The regulation on the state authority (hereinafter referred to as the regulation) shall be developed by the state authority independently in accordance with the requirements of the Model Regulation on the state authority approved by the Government of the Republic of Kazakhstan and this Instruction for development and approval of regulations on the state authority (hereinafter referred to as the instruction).
Footnote. Paragraph 1 is in the wording by the Decree of the Government of the Republic of Kazakhstan dated 02.03.2018 No. 93 (shall be enforced upon expiry of ten calendar days after the day its first official publication).2. The instruction shall be applied in the development of position of the state authority directly subordinate and accountable to the President of the Republic of Kazakhstan, the central executive authority, the maslikhat administration, the executive authority financed from the local budget, as well as the state authority heading the unified system of election commissions of the Republic of Kazakhstan, the state authority implementing informational-analytical, organizational-legal and other support for the activities of the Ombudsman a person, the state authority for organizational and material and technical support of the courts under the Supreme Court of the Republic of Kazakhstan, a state body that provides information-analytical, organizational and legal, material and technical support for the activities of the Supreme Judicial Council of the Republic of Kazakhstan, the state authority performing information and reference, scientific advisory and other supporting work of the Constitutional Council of the Republic of Kazakhstan, the state authority coordinating the activities of executive state authorities.
Footnote. Paragraph 2 is in the wording by the Decree of the Government of the Republic of Kazakhstan dated 02.03.2018 No. 93 (shall be enforced upon expiry of ten calendar days after the day its first official publication).3. The grounds for development, as well as amendments and additions to the regulation on the state authority shall be:
1) formation of the state authority;
2) reorganization of the state authority;
3) redistribution of powers and competencies between state authorities;
4) relevant instructions of the President of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan (for state authorities, included in the structure of the Government of the Republic of Kazakhstan) on expanding (narrowing) the competence of the state authority.
4. If there are grounds provided by Paragraph 3 of the instruction, the state authority within a month shall develop the corresponding draft regulation on the state authority or amendments and/or additions to the regulation on the state authority.
5. The provision may reflect other norms in accordance with the legislation of the Republic of Kazakhstan that are not provided in the Model Regulation on the state authority.
6. The regulation shall be approved by the relevant authorized authority in accordance with the legislation of the Republic of Kazakhstan.
7. In Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 18, 19, 20, 21, 23, 24, 25, 26 and 27 of the provision, shall be written full name of the state authority.
8. In Paragraphs 2 of the provision, if there are departments of the state authority, its full name shall be written.
9. In Paragraph 14 of the provision, the mission of the state authority shall be determined in accordance with the legislation of the Republic of Kazakhstan.
10. Paragraph 19 of the provision indicates the official who appoints and dismisses the first head of state authority.
11. Paragraph 23 of the provision shall be provided for that state authorities in which the position of executive secretary or the head of administration of the state authority has been introduced.
12. Paragraphs 24, 25 and 26 of the provision by the state authorities that do not have separate property on the right of operational management in cases provided by the legislation shall not be filled out.
