Unofficial translation
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) State Corporation “Government for Citizens” (hereinafter referred to as the State Corporation) is a legal entity created by the decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications for the provision of public services and issuing their results to the service recipient according to the “one window” principle, ensuring the provision of public services in electronic form;
1-1) the authorized agency for informatization - the central executive authority that provide leadership and intersectoral coordination for informatization and "electronic government";
1-2) partnership agreement - an agreement concluded by the State Corporation with business entities that meet the requirements and have been selected by the authorized body in the provision of public services, to provide services for accepting applications for the provision of public services and issuing their results to the service recipient;
1-3) partner organization - a business entity that has entered into a partnership agreement in accordance with this Law;
1-4) the principle of “one application” - a form of provision of public services, providing for a combination of several public services provided on the basis of one application;
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;
2-1) hidden public service - a public function that meets the criteria of a public service, but not included in the register of public services;
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;
4-1) socially significant service – a public service carried out on a continuous basis and aimed at satisfying the legitimate interests of society;
4-2) mobile application of the State Corporation - an object of informatization for the provision of public services through video communication with the State Corporation;
5) public service - one of the forms of implementation of individual state functions or their totality, carried out at the request or without the request of service recipients and aimed at the implementation of their rights, freedoms and legitimate interests, providing them with appropriate tangible or intangible benefits;
5-1) additional service to a public service - a service provided on an individual basis at the request of the service recipient in addition to the public service;
6) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);7) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);
8) register of the state services - classified list of the state services;
9) the Unified Contact Center - a legal entity designated by the authorized body in the field of public services, performing the functions of an information and reference service for provision of information to service recipients on public and other services, as well as to state bodies – 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";
10-1) pilot project in the field of public services – the process of testing changes in processes, approaches in the provision of public services;
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) excluded by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication);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) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);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;
17-1) proactive service – a public service provided without the application of the service recipient at the initiative of the service provider;
17-2) reengineering – transformation of the current workflow in order to improve the efficiency, quality and effectiveness of the organization;
17-3) stationary subscriber device – a means of communication that transmits or receives at a distance the information, specified by the subscriber using electrical signals transmitted over wires or radio signals;
17-4) cellular subscriber device – a means of communication of individual use that generates electrical communication signals for transmitting or receiving information specified by the subscriber and connected to the network of a cellular operator that does not have a permanent geographically determined location within the serviced territory, operating in cellular networks;;
18) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);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, services for issuing technical conditions for connecting to networks of natural monopoly entities and services of quasi-public sector entities 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); dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication).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. Purpose and principles of provision of public services
Footnote. The title of Article 3 - as amended by the Law of the Republic of Kazakhstan dated 21.05.2024 № 86-VIII (comes into effect sixty calendar days after the date of its first official publication).
The purpose of state regulation of public relations in the sphere of provision of public services is to ensure high-quality provision of public services to service recipients.
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.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 21.05.2024 № 86-VIII (comes into effect sixty calendar days after the date of its first official publication).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) to receive a public service in accordance with a by-law regulatory legal act that determines the procedure for provision of a public 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;
4-1) receive public services on the principle of "one application";
5) to participate in public discussions of draft by-law regulatory legal acts that determine the procedure for provision of public services, in the manner prescribed 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;
7) use electronic documents in relation to themselves and minor family members from the digital document service in accordance with the subordinate regulatory legal act defining the procedure for public services provision.
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.06.2020 № 347-VI (effective ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 5. Rights and obligations of service providers
1. Service providers shall have a right to:
1) to receive information necessary for provision of public services from central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in a city, towns of district significance, settlements, villages, rural districts;
2) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).2. Service providers shall be obliged to:
1) to provide public services in accordance with the by-law regulatory legal acts, which determine the procedure for provision of public 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) ensure the delivery of the result of the public service to the State Corporation provided through the State Corporation, no later than one day before the expiration of the period for the provision of public service established by the subordinate regulatory legal act defining the procedure for provision of public service, with the exception of public services provided within one working day;
6) to improve the qualifications of employees in the provision of public services, as well as to teach communication skills with persons with disabilities;
7) consider complaints of service recipients and inform them on the results of consideration in the terms, established by this Law;
8) to ensure the possibility of receiving information by service recipients about the stage of execution of a public service;
9) take measures, directed to restoration of violated rights, freedoms and legal interests of service recipients;
10) to ensure the uninterrupted operation of information systems used for provision of public services, as well as those containing the necessary relevant information for their provision;
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) to receive written consent or consent, confirmed by an electronic digital signature, or consent through the subscriber cellular communication device of the service recipient to use information constituting a secret protected by law contained in information systems when providing public services, unless otherwise provided by the laws of the Republic of Kazakhstan;
13) use electronic documents from the digital document service for the provision of public services in cases prescribed by subordinate regulatory legal acts defining the procedure for public services provision;
14) refuse to provide public services in cases and on the grounds established by the laws of the Republic of Kazakhstan.
When rendering state services, it is not allowed to demand from the service recipients:
1) documents and information that can be obtained from information systems used to provide public services or service of digital documents;
2) notarized copies of documents, the originals of which are submitted for verification to the service provider, the State Corporation, except in cases provided for by the legislation of the Republic of Kazakhstan on social protection.
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.06.2020 № 347-VI (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (effective after ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023). Chapter 2. THE STATE REGULATION IN THE SCOPE OF
RENDERING OF THE STATE SERVICES
Article 6. Competence of the Government of the Republic of Kazakhstan in provision of public services
The Government of the Republic of Kazakhstan develops the main directions of state policy in the field of public services and organizes their implementation.
Footnote. Article 6 - as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).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) exercises state control over the quality of public services, develops proposals based on analysis and monitoring aimed at preventing violations in their provision and ensuring the rights and legitimate interests of service recipients;
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) carries out the formation, monitoring of the implementation and evaluation of the results of the state social order for public monitoring of the quality of public 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); dated 13.06.2018 № 160-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2022 № 134-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of 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) forms and implements state policy in the field of public services;
2) is excluded by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication);2-1) approves the register of public services and makes changes and additions to it in agreement with the authorized body for assessment and control over the quality of provision of public services and the authorized body in the field of development of the public administration system;
3) carry out development and maintenance of register of the state services;
4) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);5) coordinates the draft by-law regulatory legal acts that determine the procedure for provision of public services;
6) monitors the activities of central state bodies on development of by-law regulatory legal acts that determine the procedure for provision of public services;
7) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);8) excluded by the Law of the Republic of Kazakhstan dated 21.05.2024 № 86-VIII (enters into force sixty calendar days after the date of its first official publication);
8-1) develop and approve the rules for collecting, processing and storing biometric data of individuals for their biometric authentication in the provision of public services in agreement with the authorized body in personal data protection;
9) excluded by the Law of the Republic of Kazakhstan dated 21.05.2024 № 86-VIII (enters into force sixty calendar days after the date of its first official publication);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 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.06.2020 № 347-VI (effective ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 21.05.2024 № 86-VIII (enters into force sixty calendar days after the date of 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) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
8) organize and coordinate the work of the Unified call center;
8-1) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);9) approves the rules of operation of the Unified Contact Center and interaction of the Unified Contact Center with central state bodies, local executive bodies of regions, cities of republican significance, the capital, as well as service providers;
10) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);11) coordinates the draft by-law regulatory legal acts that determine the procedure for provision of public services, providing for the electronic form of provision of public services;
12) develops and approves regulatory legal acts in the field of provision of public services within its competence;
12-1) conduct an inspection of the activities of the State Corporation within the limits of its competence;
12-2) excluded by the Law of the Republic of Kazakhstan dated 21.05.2024 № 86-VIII (comes into force sixty calendar days after the date of its first official publication);12-3) coordinates the activities of central state bodies, local executive bodies for reengineering the provision of public services in accordance with the rules of digital transformation of public administration approved by the Government of the Republic of Kazakhstan (hereinafter – the rules of digital transformation of public administration);
12-4) assesses the processes of automation of public services;
13) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);13-1) approves the procedure for provision of proactive 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 № 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 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 06.02.2023 № 194-VII (shall be enforced from 01.04.2023); dated 21.05.2024 № 86-VIII (comes into force sixty calendar days after the date of its first official publication).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) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);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) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication);6) coordinates the draft by-law regulatory legal acts that determine the procedure for provision of public services through the State Corporation;
7) develops proposals for improving the by-law regulatory legal acts that determine the procedure for provision of public services, rendered 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); as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 10. The competence of the central state bodies
Central state bodies shall:
1) develop and approve by-law regulatory legal acts that determine the procedure for provision of public services;
2) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) ensure improvement of quality, availability of state services;
4) ensure the availability of by-law regulatory legal acts that determine the procedure for provision of public 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 advanced training of employees in the provision of public services, communication with persons with disabilities;
9) carry out reengineering of the provision of public services in accordance with the rules of digital transformation of public administration;
9-1) after the new public service is entered into the register of public services, take measures for its transfer to electronic format in accordance with the legislation of the Republic of Kazakhstan in agreement with the authorized body in the field 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 the provision of information on the measures taken to automate the process of providing public services to the authorized body in the field of informatization to assess the process of automating the provision of public services in accordance with the procedure and deadlines 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) within three working days, provide the State Corporation with information on the procedure for the provision of public services and the changes and (or) additions made to the by-laws that determine the procedure for the provision of public services, from the date of their approval or amendment;
13-1) coordinate the activities of their territorial divisions, as well as 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 to comply with the legislation of the Republic of Kazakhstan regulating the procedure for provision of public services;
14) conduct internal control of quality of rendering of the state services in accordance with the legislation of the Republic of Kazakhstan;
15) ensure that service providers comply with by-law regulatory legal acts that determine the procedure for provision of public services;
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 № 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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 06.02.2023 № 194-VII (shall be enforced from 01.04.2023); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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) ensure the availability of by-law regulatory legal acts that determine the procedure for provision of public 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 advanced training of employees in the provision of public services, communication with persons with disabilities;
7) carry out reengineering of the provision of public services in accordance with the rules of digital transformation of public administration;
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 the provision of information to the authorized body in the field of informatization to assess the process of automation of the provision of public services in the manner and within the time limits 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 that service providers comply with by-law regulatory legal acts that determine the procedure for provision of public services;
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 06.02.2023 № 194-VII (shall be enforced from 01.04.2023).Article 11-1. Organization of work of the State Corporation
1. The state corporation is a provider in the field of provision of public services, carrying out, in accordance with the legislation of the Republic of Kazakhstan, activities to organize the work of accepting applications for the provision of public services and issuing their results to the service recipient according to the “one window” principle, ensuring the provision of public services in electronic form.
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;
2-1) annually informs the Government of the Republic of Kazakhstan about the state of work on the provision of public services provided through the State Corporation;
3) ensures information awareness of service recipients on the provision of state services;
3-1) employees of the State Corporation who have access to personal data of citizens, as well as those participating in the process of providing public services, are subject to verification in the manner determined by the authorized body in the field of informatization in agreement with the National Security Committee of the Republic of Kazakhstan;
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) provides and (or) organizes the provision of public services to individuals and (or) legal entities on the “one window” principle, including in electronic form and (or) through the mobile application of the State Corporation, in accordance with the legislation of the Republic of Kazakhstan;
6-1) provides the authorized body for assessing and monitoring the quality of public services with information to assess the quality of public services provided through the State Corporation or by the State Corporation;
6-2) collect, process and store biometric data of individuals for their biometric authentication in the provision of public services;
6-3) maintain a database of biometric data of individuals for their biometric authentication in the provision of public services;
6-4) organizes the reception of requests from individuals and (or) legal entities to administrative bodies, officials and the issuance of responses to them at the request of applicants;
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); ; as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 № 241-VІ (shall be enforced from 01.07.2019); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.06.2020 № 347-VI (effective ten calendar days after the date of its first official publication); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 11-2. Partner organization
1. A partner organization in accordance with this Law may be a business entity:
1) registered on the territory of the Republic of Kazakhstan;
2) that meets the requirements determined by the authorized body in the field of provision of public services in agreement with the authorized body for assessing and monitoring the quality of provision of public services, including requirements for ensuring information security and protection of personal data;
3) that has entered into a partnership agreement.
2. The selection of business entities for concluding a partnership agreement is carried out by the authorized body in the field of provision of public services.
All business entities that meet the requirements determined by the authorized body in the field of provision of public services in agreement with the authorized body for assessing and monitoring the quality of public services, with the exception of branches and (or) representative offices of foreign legal entities, are allowed to be selected.
3. A standard partnership agreement is developed and approved by the authorized body in the field of provision of public services.
Footnote. Chapter 2 is supplemented by Article 11-2 in accordance with the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication). Chapter 3. REGISTER, BY-LAW REGULATORY LEGAL ACT THAT DETERMINE THE
PROCEDURE FOR PROVISION OF PUBLIC SERVICES
Footnote. The title of Chapter 3 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 12. Register of public services
1. Public services are subject to inclusion in the register of public services.
2. Rules for maintaining a register of public services are developed and approved by the authorized body in the field of provision of public services.
3. The procedure for identifying hidden public services and entering them into the register of public services is determined by the authorized body in the field of provision of public services.
4. The selection of public services from the register of public services, through which partner organizations can accept applications for the provision of public services and issue their results to the service recipient, is carried out by the authorized body in the field of provision of public services.
Footnote. Article 12 - as amended by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 13. General requirements for development and approval of a by-law regulatory legal act that determines the procedure for provision of public service
Footnote. The title of Article 13 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. To ensure uniform requirements for the quality of provision of public services, the central government bodies develop and approve by-law regulatory legal acts that determine the procedure for provision of public services, including for public services rendered by foreign institutions of the Republic of Kazakhstan, 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.
Development and approval of draft by-law regulatory legal acts that determine the procedure for provision of public services are carried out in accordance with the Law of the Republic of Kazakhstan "On legal acts".
2. The draft by-law regulatory legal act that determines the procedure for provision of public services is subject to public discussion in the manner determined by Article 15 of this Law.
3. Adoption, amendment, addition and cancellation of by-law regulatory legal acts that determine the procedure for provision of public services are carried out on the basis of proposals of the authorized body for assessment and quality control of provision of public services, the authorized body in the field of public services, the authorized body in the field of informatization, 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 following the results of public monitoring of the quality of provision of public services and (or ) consideration of requests from service recipients on provision of public services.
Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 № 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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 14. Requirements for the content of by-law regulatory legal act that determine the procedure for provision of public service
Footnote. The title of Article 14 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
The by-law regulatory legal act that determines the procedure for provision of public service provides for:
1) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);2) order description of:
actions of structural divisions (employees) of the service provider in the process of rendering public service;
interaction of structural divisions (employees) of the service provider in the process of rendering public service;
interaction with the State Corporation and (or) other service providers, as well as the use of information systems in the process of providing public service;
issuance of the result of the provision of public service;
3) the procedure for sending information on amendments and (or) additions to subordinate regulatory legal acts defining the procedure for provision of public services to organizations that accept applications and issue the results of the provision of public services, and service providers;
3-1) an appendix with a list of basic requirements for provision of public service, which contains:
the name of the public service;
service provider name;
ways of providing public service;
the term for provision of public service;
the form of rendering public service;
the result of provision of public service;
the amount of the fee charged to the service recipient when rendering a public service, and the methods of its collection in the cases provided for by the legislation of the Republic of Kazakhstan;
the work schedule of the service provider, the State Corporation and information objects;
the list of documents and information required from the service recipient for provision of public services;
grounds for refusal to provide public service established by the laws of the Republic of Kazakhstan;
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 15. Public discussion of draft by-law regulatory legal acts that determine the procedure for provision of public services
Footnote. The title of Article 15 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Public discussion of draft by-law regulatory legal acts that determine the procedure for provision of public services is carried out in order to take into account the comments and suggestions of individuals and legal entities whose rights, freedoms and legal interests are affected by the by-law regulatory legal acts that determine the procedure for provision of public services.
2. The central state body developing a subordinate regulatory legal act defining the procedure for provision of public service, places a draft subordinate regulatory legal act defining the procedure for provision of public service for public discussion on the web portal of "electronic government", its Internet resource and (or) Internet resources of the local executive body of the region, city of republican significance, the capital, district, town of regional significance, akim of the district in the city, town of district significance, village, settlement, rural district, and also in other ways informs service recipients about the draft subordinate regulatory legal act defining the procedure for provision of public service.
3. Public discussion of the draft by-law regulatory legal act that determines the procedure for provision of public service is carried out within ten working days from the date of its publication for public discussion.
4. The central state body that develops the draft by-law regulatory legal act that determines the procedure for provision of public services draws up a report on the completion of public discussion of the draft by-law regulatory legal act that determines the procedure for provision of public services, which is to be posted on the web portal of the "electronic government", its Internet resource and (or) Internet resources of a local executive body of a region, a city of republican significance, a capital, a district, a town of regional significance, akim of a district in a city, a town of district significance, a settlement, a village, a rural district.
The report on completion of public discussion of the draft by-law regulatory legal act that determine the procedure for provision of public service contains:
a list and a summary of the comments and suggestions received during the public discussion, with the attachment of justifications for the accepted and (or) rejected comments and suggestions;
information on the method of familiarization with the draft by-law regulatory legal act that determines the procedure for provision of public service, revised taking into account the comments and suggestions received.
Comments and suggestions of individuals and legal entities to the draft by-law regulatory legal act that determines the procedure for provision of public service, received after the expiration of the period specified in paragraph 3 of this article, are not subject to consideration.
The draft by-law regulatory legal act that determines the procedure for provision of public service, revised based on the results of public discussion, and the report on completion of public discussion of the draft by-law regulatory legal act that determines the procedure for provision of public service, are sent for approval to the interested 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.
5. Draft regulatory legal acts on amendments and (or) additions to the approved by-law regulatory legal acts that determine the procedure for provision of public services are subject to public discussion in accordance with the procedure established by this article.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 16. Requirements to development of regulation of the state service
Footnote. Article 16 is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 17. Requirements to the content of regulation of the state service
Footnote. Article 17 is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 4. RENDERING OF THE STATE SERVICES
Article 18. Provision of public services
1. Public services are provided by service providers.
2. Acceptance of applications for the provision of public services and delivery of their results to the service recipient is carried out:
1) through service providers;
2) through the State Corporation;
3) through partner organizations;
4) through the “electronic government” web portal;
5) through a stationary subscriber device;
6) through a subscriber's cellular device;
7) through information objects determined by central government bodies.
Footnote. Article 18 - as amended by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 19. Rendering of the state services by the service providers
The requirements and procedure for provision of public services by service providers are determined by a by-law regulatory legal act that determines the procedure for provision of public services.
In cases where the service recipient submits an incomplete package of documents according to the list provided for by the by-law regulatory legal act that determines the procedure for provision of public services, and (or) documents with an expired validity period, the service 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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of 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;
6) the absence of the consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”, to access restricted personal data required for the provision of public services.
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); as amended by the Law of the Republic of Kazakhstan dated December 30, 2021 № 96-VII (shall be enforced sixty calendar days after the day of its first official publication).Article 20. Provision of state services through the State Corporation
1. When providing public services through the State Corporation, the provision of which involves sending an application and documents of the service recipient to the service providers on paper, the day of receipt of applications and documents is not included in the period for provision of public service, established by the by-law regulatory legal act that determines the procedure for provision of public service.
2. An employee of the State Corporation is obliged to accept an application of the service recipient if he has a complete package of documents in accordance with the list provided for by the by-law regulatory legal act that determines the procedure for provision of public service.
In the event that the service recipient submits an incomplete package of documents according to the list provided for by the by-law regulatory legal act that determines the procedure for provision of public service, as well as the documents that have expired, 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. is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).6. Employees of the State Corporation in the provision of public services are obliged to obtain the consent of the service recipient for the use of 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); as amended by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 21. Rendering of the state services in electronic form
1. Public services in electronic form shall be provided through the "electronic government" web portal and software integrated with the services hosted on the "electronic government" gateway, external "electronic government" gateway, 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 provision of public services in electronic form, obtained through a subscriber cellular communication device, are sent to the user's account on the web portal of the "electronic government" in the form of an electronic document, as well as, at the choice of the service recipient, to his subscriber number in the form of a short text message.
2-2. Mandatory details of the results of provision of public services in electronic form, obtained through a subscriber cellular communication device, 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 provision of public services in electronic form, obtained through a subscriber cellular communication device, are used by the service recipient to confirm the facts of legal significance, without the need to submit them 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.
3-1. To provide public services in electronic form, biometric authentication of the identity of the service recipient may also be carried out in accordance with the legislation of the Republic of Kazakhstan.
4. Excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 № 399-VI (effective ten calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 21-1. Provision of proactive services
The proactive services are rendered through the information systems of state bodies when registering the telephone number of the subscriber's cellular communication device of the service recipient on the e-government web portal and the consent of the service recipient to the collection and processing of personal data obtained through the state service for access control to personal data.
Footnote. Chapter 4 is supplemented with article 21-1 in accordance with the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).Article 22. Reengineering of public services
The reengineering of provision of public services is carried out by central state bodies, a state corporation, local executive bodies on an ongoing basis in accordance with the rules of digital transformation of public administration.
The pilot projects in the provision of public services by the authorized body in the provision of public services and interested central state bodies – developers of a subordinate regulatory legal act defining the procedure for provision of public services, are implemented on the basis of a joint decision.
Footnote. Article 22 - as amended by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).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 by-law regulatory legal acts that determine the procedure for provision of public services, in the locations of the service providers and the State Corporation;
2) application of individuals and legal entities to the service providers;
3) posting of by-law regulatory legal acts that determine the procedure for provision of public services on the web portal of the "electronic government", Internet resources of the central state bodies, local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, akims of districts in a city, towns of district significance, 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, towns of regional significance, akims of districts in the city, towns of district significance, settlements, villages, rural districts and service providers within three working days from the date of approval or change of the by-law regulatory legal act that determines the procedure for provision of public services, update the information on the procedure for its provision and send it to the Unified Contact Center.
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, towns of regional significance, akims of districts in the city, towns of district significance, settlements, villages, rural districts at least once a year hold public discussions of reports on activities in the field of provision of public services with the participation of service providers, the interested individuals and legal entities. The results of public discussions are used to improve the quality of provision of public services and to improve the by-law regulatory legal acts that determine the procedure for provision of public services.
7. Information on the list of public services for which the partner organization accepts applications for the provision of public services and issues their results to the service recipient, as well as the name and contact information of partner organizations are posted on the Internet resource of the State Corporation and in places where applications for the provision of public services are accepted and their results are issued to the service recipient.
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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.
3. The state corporation, in agreement with the authorized body in the field of provision of public services, may establish a fee for additional services to the public service.
Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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. A complaint from a service recipient, received by the central state body, local executive body of a region, a city of republican significance, a capital, a district, a town of regional significance, akim of a district in a city, a town of district significance, a settlement, a village, a rural district, a service provider, the State Corporation, directly providing public services, is subject to review within five working 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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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. State control over the quality of public services
1. State control over the quality of public services is the activity of the authorized body for assessment and control over the quality of public services and its territorial divisions to check and monitor compliance with the legislation of the Republic of Kazakhstan in the field of public services in relation to the subjects of state control over the quality of public services.
2. The subjects of state control over the quality of public services include service providers and the State Corporation.
3. State control over the quality of public services is carried out by:
1) inspection with or without a visit to the site with the involvement of officials and (or) a request for materials;
2) observation through access to information systems or on the basis of reporting information and other information in accordance with the legislation of the Republic of Kazakhstan.
4. The subject of state control over the quality of public services is compliance by the subjects of state control over the quality of public services with the requirements of the legislation of the Republic of Kazakhstan in the field of public services.
5. State control over the quality of provision of public services for the activities of central government bodies, their departments and organizations subordinate to them, foreign missions of the Republic of Kazakhstan shall be carried out by officials of the authorized body for assessment and control of the quality of provision of public services, and local executive bodies of regions, cities of republican significance, the capital, districts, towns of regional significance, territorial divisions of central government bodies and departments, organizations subordinate to them, akims of districts in the city, towns of district significance, settlements, villages, rural districts, the State Corporation and its branches, as well as individual and legal entities providing public services in accordance with the legislation of the Republic of Kazakhstan - by officials of the territorial divisions of the authorized body for assessment and control of the quality of provision of public services within their competence, and, where necessary, by officials of the authorized body for assessment and control of the quality of provision of public services.
6. The provisions of this article shall not apply to relations related to the organization, provision and implementation of counterintelligence and entrepreneurial activities.
Footnote. Article 27 - as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (enters into force sixty calendar days after the date of its first official publication).Article 27-1. Types of inspections and the procedure for their conduct
1. Inspections are divided into the following types:
1) scheduled inspections conducted to ensure that entities exercising state control over the quality of public services rendered comply with the requirements of the legislation of the Republic of Kazakhstan in the sphere of public services;
2) unscheduled inspections conducted to ensure that entities exercising state control over the quality of public services rendered comply with the requirements of the legislation of the Republic of Kazakhstan in the sphere of public services rendered on the issues that served as the basis for their implementation.
2. Specialists, consultants and experts of state bodies and subordinate organizations may be involved in conducting inspections. Records of inspections may only be kept through the information system of the authorized body for assessment and control of the quality of public services rendered.
3. The basis for appointing a scheduled inspection is a semi-annual inspection plan approved by the authorized body for assessment and control over the quality of public services by December 10 of the year preceding the year of the inspection and by May 10 of the current calendar year, which may be amended by decision of the head of the authorized body for assessment and control over the quality of public services.
The composition of the inspection officials may be changed by decision of the authorized body for assessment and control over the quality of public services or its territorial divisions.
In the event of a change in the composition of the inspection officials, the authorized body for the assessment and control of the quality of the provision of public services or its territorial subdivision shall notify the subject of state control over the quality of the provision of public services of this no later than one working day from the date of adoption of such a decision.
4. Subjects of state control over the quality of provision of public services are subject to a scheduled inspection in the following cases, if:
1) in the last six months preceding the approval of the semi-annual list of scheduled inspections, they provided more than one thousand public services;
2) in the last six months preceding the approval of the semi-annual plan for scheduled inspections, a recommendation was made on the elimination of violations identified based on the results of previous inspections;
3) in the last six months preceding the approval of the semi-annual plan for scheduled inspections, an appeal was received from individual and (or) legal entities regarding them;
4) during the last year, their officials were brought to administrative responsibility for committing an administrative offense specified in Article 465 of the Code of the Republic of Kazakhstan on Administrative Offenses;
5) in the last six months preceding the approval of the semi-annual plan for scheduled inspections, a recommendation sent based on analysis and monitoring to prevent violations in the provision of public services and ensure the rights and legitimate interests of service recipients was not implemented;
6) three or more unscheduled inspections have been conducted in relation to them over the past year;
7) no scheduled inspection has been conducted in relation to them over the past three years.
5. A scheduled inspection of a subject of state control over the quality of provision of public services may not be conducted more than once a year.
6. The grounds for appointing an unscheduled inspection are:
1) appeals of individual and legal entities against decisions, actions (inactions) of subjects of state control over the quality of public services;
2) appeals of state bodies regarding violations of the requirements of the legislation of the Republic of Kazakhstan in the field of public services;
3) control over the execution of recommendations on the elimination of identified violations;
4) violations of the requirements of the legislation of the Republic of Kazakhstan identified as a result of monitoring;
5) publications in the media and information on violations of the legislation of the Republic of Kazakhstan in the field of public services, studied by request.
7. Unscheduled inspections are not carried out on the basis of anonymous appeals.
8. Inspections are carried out in accordance with the requirements determined by the laws of the Republic of Kazakhstan, as well as the rules of state control over the quality of public services.
9. Officials of the authorized body for assessment and control over the quality of public services and its territorial divisions who arrive at the facility to conduct an inspection are required to present to the subject of control over the quality of public services:
1) service ID or identification card;
2) if necessary, permission from the competent body to visit restricted facilities.
10. Inspections in relation to the national security agencies of the Republic of Kazakhstan are conducted in agreement with the Chairman of the National Security Committee of the Republic of Kazakhstan or the person replacing him.
While officials of the authorized body for assessment and control over the quality of public services and its territorial divisions authorized to conduct inspections are present at the facilities of the national security agencies of the Republic of Kazakhstan, the requirements of the access and internal facility regimes established in this body apply to them.
Footnote. Chapter 5 is supplemented by Article 27-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication).Article 27-2. Inspection deadlines and measures taken upon its completion
1. The deadlines for conducting a scheduled inspection are established taking into account the volume of upcoming work, as well as the tasks set, and must not exceed twenty working days from the date of the start of the inspection.
When conducting unscheduled inspections, the inspection deadlines must not exceed ten working days from the date of the start of the inspection.
2. A notice of commencement of a scheduled inspection shall be sent at least three working days before it commences, indicating the date, and at least one day before the commencement of an unscheduled inspection.
3. The notice of commencement of an inspection shall indicate:
1) the last name, first name, patronymic (if indicated in the identity document) and position of the person(s) authorized to conduct the inspection;
2) information about the specialists, consultants and experts involved in the inspection;
3) the name of the entity exercising state control over the quality of public services provision in respect of which the inspection has been scheduled, its location;
4) the subject of the scheduled inspection;
5) the duration of the inspection;
6) the period under inspection;
7) the type of inspection;
8) the grounds for the inspection;
9) the signature of the person authorized to sign the notice.
4. The inspection deadlines shall be suspended:
1) in cases where a request is sent to government agencies, officials and other entities to provide the necessary information that is essential within the framework of the inspection being conducted, until it is received;
2) when a state of emergency is introduced, taking into account the main and temporary restrictive measures provided for during its period of validity.
When suspending and resuming the inspection deadlines, the authorized body for assessment and control over the quality of public services or its territorial subdivision shall notify the entity of state control over the quality of public services about this no later than one working day from the date of such decision.
The calculation of the inspection period shall continue from the day of its resumption.
5. During the inspection, the official of the authorized body for assessment and control over the quality of public services and its territorial divisions conducting the inspection shall, no later than three working days before the date of completion of the inspection, draw up and send to the subjects of state control over the quality of public services, as well as to the persons specified in subparagraph 1) of paragraph 6 of Article 27-1 of this Law, a draft certificate on the inspection results.
6. The subject of state control over the quality of public services, as well as the persons specified in subparagraph 1) of paragraph 6 of Article 27-1 of this Law, have the right to participate in a hearing held by officials of the authorized body for assessment and control of the quality of public services and its territorial divisions conducting the inspection, and to submit or express an objection to the draft certificate of inspection results no later than two working days from the date of its receipt.
Based on the results of consideration of the received objections to the draft certificate of inspection results, the officials of the authorized body for assessment and control of the quality of public services and its territorial divisions conducting the inspection shall draw up a certificate of inspection results or, within the established period, take measures to additionally study information of material importance, including suspending the inspection in accordance with subparagraph 1) of part one of paragraph 4 of this Article.
7. The date of completion of the inspection shall be considered to be the day on which a certificate of the inspection results is sent to the subject of state control over the quality of provision of public services and the state body implementing, within the limits of its competence, activities in the field of state legal statistics and special records.
8. In cases where the certificate of inspection results confirms violations of the legislation of the Republic of Kazakhstan in the sphere of rendering public services, a mandatory recoemndation for consideration is made to the subject of state control over the quality of rendering public services on the elimination of the violations identified as a result of the inspection, as well as on the consideration of the liability of the persons who committed the violation.
9. The recommendation on the elimination of the identified violations is subject to consideration with the adoption of measures to eliminate the violations specified in it by the subject of state control over the quality of rendering public services within thirty calendar days.
In case of violations of the legislation of the Republic of Kazakhstan in the sphere of rendering public services that have created obstacles to the implementation of the rights, freedoms and legitimate interests of service recipients, measures are also taken to restore them without the need for them to re-apply for the public service.
10. Information on the results of consideration of the recommendation on the elimination of the identified violations is sent to the authorized body for assessment and control of the quality of rendering public services or its territorial subdivision within two working days from the date of its consideration.
11. The forms of notifications about the start of an inspection and suspension (resumption) of the inspection period, about changes in the composition of the inspection officials, certificates of the inspection results and recommendations on the elimination of the identified violations shall be approved by the authorized body for assessment and control over the quality of provision of public services.
Footnote.Chapter 5 is supplemented by Article 27-2 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication).Article 27-3. Rights and obligations of the subject of state control over the quality of provision of public services during an inspection
1. Subjects of state control over the quality of provision of public services during an inspection shall have the right to:
1) not allow officials of the authorized body for assessment and control over the quality of provision of public services and its territorial divisions who have arrived to conduct an inspection to participate in the inspection in the following cases:
exceeding or expiration of the inspection deadlines;
assigning the inspection to officials of the authorized body for assessment and control over the quality of public services and its territorial divisions who do not have the appropriate authority to do so;
gross violations of the requirements for conducting an inspection established by this Law;
2) not provide information if it is not related to the subject of the inspection being conducted;
3) appeal the results of the inspection (a recommendation on the elimination of the identified violations) of officials of the authorized body for assessment and control over the quality of public services and its territorial divisions in the manner established by this Law and the legislation of the Republic of Kazakhstan;
4) record the process of conducting an inspection, as well as individual actions of the official of the authorized body for assessment and control over the quality of provision of public services and its territorial divisions, carried out by him within the framework of the inspection, using audio and video equipment, without creating obstacles to the activities of the inspecting official.
2. During an inspection, entities exercising state control over the quality of provision of public services are required to:
1) ensure unimpeded access of the inspection officials of the authorized body for assessment and control over the quality of provision of public services and its territorial divisions to the territory and premises;
2) provide the inspection officials of the authorized body for assessment and control over the quality of provision of public services and its territorial divisions with documents (information) on paper and electronic media or copies thereof for attachment to the certificate of inspection results, as well as access to information systems in accordance with the objectives and subject of the inspection;
3) appear when summoned by the inspection officials of the authorized body for assessment and control over the quality of public services and its territorial divisions;
4) prevent changes and additions from being made to the documents being inspected during the inspection.
Footnote. Chapter 5 is supplemented by Article 27-3 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication).Article 27-4. Invalidity of an inspection
1. Subjects of state control over the quality of public services have the right to appeal decisions, actions (inactions) of officials of the authorized body for assessment and control of the quality of public services and its territorial divisions conducting the inspection, in the manner prescribed by the laws of the Republic of Kazakhstan.
2. Submission of an appeal does not preclude the adoption by the subject of state control over the quality of public services of measures to eliminate the identified violations.
3. An inspection is recognized as invalid if it is conducted with a gross violation of the requirements for conducting an inspection established by this Law.
4. Gross violations of the requirements for conducting an inspection include:
1) lack of grounds for conducting an inspection;
2) lack of notification of the start of an inspection;
3) appointment of inspections on issues that are not within the competence of the authorized body for assessment and control of the quality of public services or its territorial division.
5. Recognition of an inspection as invalid is the ground for cancellation of the recommendation on the elimination of the identified violations by a higher state body. In case of refusal to cancel the recommendation to eliminate the identified violations by a higher state body, the recommendation to eliminate the identified violations is cancelled by the court.
Footnote. Chapter 5 is supplemented by Article 27-4 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (comes into force sixty calendar days after the date of its first official publication).Article 28. Procedure for assessing the quality of provision of public services
The assessment of the quality of public services is carried out by the authorized body for assessment and control of the quality of public services in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Footnote. Article 28 - as amended by the Law of the Republic of Kazakhstan dated 06.02.2023 № 194-VII (shall be enforced from 01.04.2023).Article 29. Public monitoring of quality of rendering of the state services
1. Public monitoring of the quality of public services is carried out by individuals, non-profit organizations on their own initiative and at their own expense.
Public monitoring of the quality of public services is also carried out within the state social order of the authorized body for assessment and control of the quality of public services in accordance with the legislation of the Republic of Kazakhstan on the state social order, the state order for implementation of strategic partnership, grants and prizes for non-governmental organizations in 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 for introduction of amendments and additions to the by-law regulatory legal acts that determine the procedure for provision of public services.
Criteria for assessing the quality of provision of socially significant services are established within the framework of sociological research or monitoring the quality of their provision.
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); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 04.07.2022 № 134-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 14.07.2022 № 141-VII (shall be enforced ten calendar days after the date of its first official publication).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 |
