Unofficial translation
| To be published in | |
| "Collection of acts of the President | |
| and Government" |
With a view to ensure the implementation of the constitutional powers of the President of the Republic of Kazakhstan, increase the efficiency of the activities of state authorities and respect the jurisdiction of the Republic of Kazakhstan at the Baikonur complex, I hereby RESOLVE:
1. To approve the attached Regulations on the special representative of the President of the Republic of Kazakhstan at the Baikonur complex.
2. The Government of the Republic of Kazakhstan in the prescribed manner shall bring the normative legal acts of the Republic of Kazakhstan in accordance with this Decree.
3. To recognize as terminated Decree of the President of the Republic of Kazakhstan dated April 18, 1996 N 2955 "On the Regulations on the Special Representative of the President of the Republic of Kazakhstan at the Baikonur Cosmodrome" (CAPG of the Republic of Kazakhstan, 1996, N 15, art. 118).
4. This Decree comes into effect from the date of signing.
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The President of the Republic of Kazakhstan |
| APPROVED by Decree of the President of the Republic of Kazakhstan dated July 25, 2006 N 155 |
REGULATIONS
on the special representative of the President of the Republic of Kazakhstan
at the Baikonur complex
In accordance with the Constitution of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan, Kazakhstani-Russian agreements on the Baikonur complex, this Regulation shall determine the status, powers and activities of the special representative of the President of the Republic of Kazakhstan at the Baikonur complex.
1. General Provisions
1. The special representative of the President of the Republic of Kazakhstan at the Baikonur complex (hereinafter referred to as the Special representative) shall be an authorized official of the Republic of Kazakhstan at the Baikonur complex, ensuring the implementation of state policy and the coordinated functioning of all territorial divisions of the central and local executive bodies of the Republic of Kazakhstan, operating under the terms of lease, under certain Kazakhstani-Russian agreements on issues related to the observance of the jurisdiction of the Republic of Kazakhstan and the constitutional rights of citizens of the Republic of Kazakhstan residing in the territory of city of Baikonyr.
2. The Special Representative shall be a political civil servant.
The Special Representative shall be appointed and dismissed from the post by the President of the Republic of Kazakhstan upon recommendation of the Head of the Presidential Administration of the Republic of Kazakhstan.
The Special Representative shall be directly accountable to the President of the Republic of Kazakhstan.
3. The Special Representative in his activities shall be guided by the Constitution, laws of the Republic of Kazakhstan, acts of the President and other normative legal acts of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan and this Regulation.
Footnote. Paragraph 3 as amended by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556.4. The Special Representative shall have a seal with the image of the State Emblem of the Republic of Kazakhstan and stamps with their name in the state language, standard forms.
2. The main tasks of the special representative
5. The main tasks of the special representative shall be:
1) organization of work on the implementation by the Kazakhstani state authorities located at the Baikonur complex of the main provisions of the domestic and foreign policy of the state, determined by the President of the Republic of Kazakhstan;
2) ensuring control over the activities of Kazakhstani state bodies operating at the Baikonur complex, in terms of ensuring the jurisdiction of the Republic of Kazakhstan and the constitutional rights of citizens of the Republic of Kazakhstan, including over the execution of acts and instructions of the Head of State;
3) submission to the President of the Republic of Kazakhstan of regular reports on ensuring national security at the Baikonur complex, as well as on the political, social and economic situation in the region.
6. The Special Representative, when carrying out his activities, shall interact with the Kazakhstani-Russian Intergovernmental Commission on the Baikonur complex, the Coordination Council of the Baikonur complex, state bodies, government agencies, organizations and officials of the Republic of Kazakhstan and the Russian Federation, as well as with the head of administration Baikonyr city, bodies and organizations of other states, carrying out their activities at the Baikonur complex.
Footnote. Paragraph 6 as amended by Decree of the President of the Republic of Kazakhstan dated 12.09.2013 No. 643.7. The Special Representative shall be a member of the Coordination Council of the Baikonur complex.
8. The Special Representative shall be the coordinator at the Baikonur complex for the implementation of strategic measures, such as:
1) implementation of the Agreement between the Republic of Kazakhstan and the Russian Federation on the basic principles and conditions for the use of the Baikonur cosmodrome dated March 28, 1994, the Agreement on the lease of the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994 and other international treaties on the Baikonur complex;
2) strengthening of mutual understanding, development of cooperation between the Republic of Kazakhstan and the Russian Federation to ensure the functioning of the infrastructure of the Baikonur cosmodrome in the interests of the Republic of Kazakhstan and citizens of the Republic of Kazakhstan living and working at the Baikonur complex;
3) monitoring the international legal framework of the Republic of Kazakhstan and the Russian Federation for the Baikonur complex.
3. Functions of the special representative
9. The Special Representative, in order to fulfill the tasks entrusted to him/her, shall perform the following functions:
1) facilitate the implementation by citizens and organizations of the norms of the Constitution, laws of the Republic of Kazakhstan, acts of the President, international treaties and other regulatory legal acts of the Republic of Kazakhstan. The Special Representative, if necessary, in the manner prescribed by the legislation of the Republic of Kazakhstan, shall hear oral and request written explanations of the relevant officials, take measures to eliminate the revealed violations, non-compliance with the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
2) ensure the overall coordination of the activities of state bodies and institutions of the Republic of Kazakhstan, operating at the Baikonur complex;
3) analyze the effectiveness of the activities of the Kazakhstani state military bodies, institutions and organizations with state participation at the Baikonur complex to ensure compliance with the jurisdiction of the Republic of Kazakhstan and the constitutional rights of citizens of the Republic of Kazakhstan at the Baikonur complex, submit to the President of the Republic of Kazakhstan and the Presidential Administration relevant proposals;
4) study public opinion, predict the development of the political and socio-economic situation in the region;
5) excluded by Decree of the President of the Republic of Kazakhstan dated 12.09 .2013 No. 643;6) organize the consideration of applications of citizens of the Republic of Kazakhstan living at the Baikonur complex to protect their rights and legitimate interests;
7) organize interaction of state bodies with the administration of the city of Baikonyr, local self-government bodies and other public and religious associations;
8) excluded by Decree of the President of the Republic of Kazakhstan dated 12.09.2013 No. 643;9) excluded by Decree of the President of the Republic of Kazakhstan dated 12.09.2013 No. 643;
10) submit to the Administration of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan proposals on the issues of the "Baikonur" complex;
11) carry out overall coordination and control of the implementation of state programs and projects of social and economic development of the city of Baikonyr, the villages of Toretam and Akai;
12) coordinate draft decisions of central and local executive state bodies touching upon issues of compliance with the jurisdiction of the Republic of Kazakhstan and constitutional rights of citizens of the Republic of Kazakhstan at the Baikonur complex.
Footnote. Paragraph 9 as amended by Decree of the President of the Republic of Kazakhstan dated 12.09.2013 No. 643.4. Rights of the Special Representative
10. The Special Representative has the right to:
1) request and receive the necessary information, documents and other materials from state bodies and officials;
2) excluded by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556;3) excluded by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556;
4) use state, including governmental, communication and communication systems;
5) conduct official correspondence with state bodies, officials and organizations on matters within the competence of the special representative;
6) involve employees of executive bodies, other state bodies, as well as representatives of organizations, research institutions, scientists and specialists, including on a contractual basis, in resolving issues falling within the competence of a special representative;
7) participate in meetings of the Government of the Republic of Kazakhstan, collegiums of central executive bodies, state bodies directly subordinate and accountable to the Head of State, the work of advisory and consultative bodies under the President of the Republic of Kazakhstan;
8) make, if necessary, proposals for the development and adoption of regulatory legal acts, amendments and additions to the existing acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan on the life of the Baikonur complex;
9) hold meetings with the participation of representatives of interested ministries, agencies and local executive bodies and organizations of the Republic of Kazakhstan, as well as participate in events related to their activities at the Baikonur complex;
10) request and receive information from the head of the administration of the city of Baikonyr, as well as the necessary information from other state bodies, enterprises, organizations and officials of the Russian Federation and operating at the Baikonur complex, in terms of ensuring the jurisdiction of the Republic of Kazakhstan and the constitutional rights of citizens of the Republic of Kazakhstan living or working at the Baikonur complex;
11) submit proposals for consideration of the Kazakhstani- Russian Intergovernmental Commission on the Baikonur complex;
12) receive documents from the meetings of the Kazakhstani-Russian Intergovernmental Commission on the Baikonur complex and the Coordination Council of the Baikonur complex, as well as the necessary regulatory legal acts of the head of the Baikonur city administration and other regulatory legal acts of the Russian Federation in relation to the Baikonur complex;
13) visit the facilities of the Baikonur complex in compliance with the relevant requirements of the regime and safety;
14) in order to timely and fully inform the President of the Republic of Kazakhstan on the state of affairs at the Baikonur complex, give appropriate instructions to all state bodies of the Republic of Kazakhstan and officials operating at the Baikonur complex;
15) excluded by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556;16) make proposals on holding officials of the Republic of Kazakhstan liable for failure to take the necessary measures to ensure the jurisdiction of the Republic of Kazakhstan;
17) submit to the President of the Republic of Kazakhstan a submission for awarding individuals with state awards, conferring honorary and other titles to relevant persons;
18) present, on behalf of the President of the Republic of Kazakhstan, state awards of the Republic of Kazakhstan.
Footnote. Paragraph 10 as amended by the Decrees of the President of the Republic of Kazakhstan dated 21.03.2008 No. 556; dated 12.09.2013 No. 643. 5. Organization and support of the activities of the
special representative
11. Excluded by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556.
12. Special Representative shall:
1) be responsible for the fulfillment of the assigned tasks, ensure the organization of labor and proper labor discipline;
2) supervise the activities of his staff;
3) approve the job descriptions of employees of the apparatus;
4) sign official documentation within the limits of his competence.
Footnote. Paragraph 12 as amended by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556.13. The staff of the office of the Special Representative shall consist of administrative civil servants.
Footnote. Paragraph 13 as amended by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556.14. (Excluded by Decree of the President of the Republic of Kazakhstan dated 21.03.2008 N 556)
