On the public councils

Law of the Republic of Kazakhstan dated November 2, 2015 No. 383-V

      Unofficial translation

      The present Law defines the legal status, the order of formation and organization of the activity of public councils aimed at implementation of the state policy on formation of the state accountable to the population, provision of wide participation of non-commercial organizations, citizens in decision making by the state bodies of all levels.

Chapter 1. General Privisions

Article 1. Legal status of public councils

      1. Public councils - consultative, advisory, supervisory bodies formed by ministries, bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, as well as bodies of local state administration on the issues of their competence, except for the state bodies specified in part two of this paragraph, together with non-profit organizations and citizens.

      Public councils are not formed with the participation of the Supreme Court of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, the Prosecutor's Office, the Administration of the President of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan, the Ministry of Defense of the Republic of Kazakhstan, the Office of the Prime Minister of the Republic of Kazakhstan, the Department of Logistics, the National Center for Human Rights of the Republic of Kazakhstan, the Accounts Committee for Control over the Execution of the Respublika

      2. Consultative, advisory and supervisory bodies at state bodies, formed in another order than provided by this Law, and non-profit organizations may not have the name "public council" and have full powers established by this Law.

      3. Public councils shall be formed in the manner prescribed by this Law.

      Public councils shall be formed at two levels - republican and local. Public councils shall be autonomous and independent. Interaction between public councils shall be carried out in the order provided by this Law.

      5. The republican level of public councils shall include public councils formed by ministries, bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, except for the state bodies specified in the second part of paragraph 1 of this article, together with non-profit organizations and citizens.

      6. Public councils at the local level include public councils of the corresponding administrative-territorial unit. At the same time, the functions of the Public Council at the level of village, settlement, rural district, and city of district significance are assigned to the meeting of the local community.

      7. The number of representatives of civil society in the Public Council shall be not less than two thirds of the total number of its members.

      8. Recommendations of public councils are mandatory for consideration by state bodies, which take decisions provided for by the legislation of the Republic of Kazakhstan and give motivated answers.

      9. Responsibility for social and economic development and the state of affairs in the respective region, industry, sphere of activity cannot be assigned to the Public Council and remains with the state bodies.

      Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 27.02.2017 No. 49-VI (shall be enforced upon ten calendar days after the day of its first official publication); dated 11.07.2017 No. 91-VI (shall be enforced upon ten calendar days after the day of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on public councils

      1. The legislation of the Republic of Kazakhstan on public councils 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 an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Aim and objectives of public councils

      1. The purpose of the activity of public councils is to express the opinion of civil society on socially important issues.

      2. The tasks of public councils are:

      1) representation of the interests of civil society and taking into account the opinion of the public when discussing and making decisions at the republican and local levels;

      2) development of interaction of central and local executive bodies and local self-government bodies with civil society;

      3) organization of public control and transparency of central and local executive bodies and local self-government bodies.

Article 4. Principles of operation of public councils

      Public councils operate on the basis of the following principles:

      1) activities on a voluntary basis;

      2) autonomy;

      3) independence;

      4) publicity;

      5) periodic rotation of their members.

Article 5. Powers of public councils at the national and local levels of government

      1. The powers of public councils at the republican and local levels of government include

      1) Discussion of draft budget programs of the administrator of budget programs, draft strategic plans or territorial development programs, draft state and government programs;

      2) discussion of the implementation of budget programs of the administrator of budget programs, strategic plans or programs of territory development, state and government programs;

      3) discussion of the executive bodies' reports on the achievement of target indicators;

      4) discussion of the reports of the administrator of budget programs on the implementation of budget programs, on the execution of plans of income and expenditure of money from the sale of goods (works, services), on the receipt and expenditure of money from charity;

      5) participation in working out and discussion of projects of normative legal acts, concerning the rights, freedoms and duties of citizens, except for projects of normative legal acts of central and local executive bodies, and also the akims, providing decision-making on establishment (cancellation) of a quarantine zone with introduction of a quarantine mode in corresponding territory, on establishment (removal) of quarantine and (or) restrictive actions in the cases provided by the legislation of the Republic of Kazakhstan in the field of veterinary science, and also it is declared

      6) consideration of appeals of individuals and legal entities on the improvement of state management and organization of transparent work of the state apparatus, including compliance with the norms of business ethics;

      7) development and submission to the state bodies of proposals to improve the legislation of the Republic of Kazakhstan;

      8) implementation of public control in other forms provided by this Law;

      9) discussion of the draft regulation on the Public Council at its first meeting and submission to the state body for approval;

      10) establishment of commissions by area of activity;

      11) participation in the work of local state administration bodies on issues of regulation of land relations in accordance with the land legislation of the Republic of Kazakhstan;

      12) consideration of the draft decision of the local executive body on the creation of an industrial zone of regional importance in accordance with the Law of the Republic of Kazakhstan "On Special Economic and Industrial Zones".

      2. Following the results of execution of the powers provided by subparagraphs 2), 3), 4), 6), 7) and 8) of paragraph 1 of this article, the Public Council shall make recommendations to the relevant state body, which within a month, and under subparagraph 1) - within ten working days gives a reasoned answer signed by the first head of the relevant state body or his deputy.

      Footnote. Article 5 as amended by the laws of the Republic of Kazakhstan dated 04.05.2018 No. 151-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 21.01.2019 No. 217-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 03.04.2019 No. 243-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 6. Powers of the local community meeting in terms of performing the functions of the Public Council

      The functions of the Public Council shall be performed by the local community meeting in accordance with the powers established by the Law of the Republic of Kazakhstan "On Local State Management and Self-Government in the Republic of Kazakhstan" and this Law.

Article 7. Rights and duties of public councils and their members

      1. Members of public councils have the right to exercise their powers:

      1) access to state bodies, local state administration bodies on the basis and in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

      2) participation in the work of other working bodies of central executive bodies, bodies of local state administration in coordination with the relevant state body;

      3) appeals to state bodies, local state administration bodies on socially important issues in order to exercise their powers established by this Law.

      2. The Public Council and its members shall be obliged to carry out their activities:

      1) to comply with the norms of the Constitution, corresponding laws, acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan;

      2) to carry out their activities in cooperation with the public;

      3) at least twice a year to inform the population about the activities of the Public Council through the mass media and (or) Internet resources;

      4) publish in the mass media and (or) place on the Internet site of the relevant state body, local government body an annual report on its activities.

Chapter 2. TIME OF THE PUBLIC FORMING OF THE PUBLIC OF THE REPUBLICAN AND LOCAL COUNCILS

Article 8. Procedure for setting up a working group to form the Public Council

      Public councils of the republican and local levels and their compositions are formed by working groups headed at the republican level by the first head of the relevant state body, and at the local level - by the head of the local representative body.

      2. Representation from the state body in the working group may not exceed one third of the total number of the working group members. Personal composition of this representative office shall be determined by the head of the state body independently.

      3. Representation from the civil society is not less than two thirds of the total number of members of the working group and is formed on the basis of proposals of non-profit organizations and citizens.

      4. The composition of the working group shall be approved by the decision of the head of the state body.

      5. The procedure of selection of members of the working group from civil society, terms of its holding, list of documents, powers and other issues of the working group activity shall be determined by the Regulation on the Public Council developed on the basis of the Standard Regulations approved by the Government of the Republic of Kazakhstan.

      6. The working group shall develop a draft regulation on the Public Council on the basis of the Model Regulations provided for by paragraph 5 of this Article.

Article 9. Procedure for forming public councils 

      Public councils are formed by a working group of representatives of state bodies and on a competitive basis - representatives of non-profit organizations and citizens.

      Candidates to the members of the Public Council may be nominated by non-commercial organizations, citizens, including through self-nomination.

      2. The term of office of the Public Council is three years. The number of members of the Public Council is determined by the working group.

      3. the announcement about the competition is published by the working group in the national and (or) local mass media and (or) is placed on the Internet site of the state body with indication of its name, postal address, terms of submission of documents, e-mail address to which documents and other information are sent in accordance with Article 10 of this Law for participation in the competition.

      Only one representative may be elected to the Public Council from one legal entity, which is a non-commercial organization.

      At formation of public councils of the republican level one and the same person can be elected a member of only one Public Council.

      5. The formed composition of the Public Council shall be approved by the decision of the state body or the decision of the local representative body and shall be published in the mass media and (or) posted on the Internet site of the respective body.

      6. Other issues related to the procedure of formation of the Public Council are determined by the Regulation on the Public Council approved by the head of the state body or local representative body.

Article 10. Requirements for candidates to the Public Council

      1. A citizen of the Republic of Kazakhstan who has reached the age of eighteen years may be a candidate for the membership of the Public Council, as well as in case of formation of the Public Council at the local level - a citizen residing within the limits of the corresponding administrative-territorial unit.

      A candidate to the members of the Public Council shall not be a candidate:

      1) have a criminal record;

      2) to be recognized by the court as guilty of committing a corruption crime and (or) corruption offense in accordance with the procedure established by law;

      3) to be on the account in the organizations of public health services concerning mental illness, alcoholism, drug addiction or drug addiction.

      2. To participate in the competition shall be submitted:

      1) a written proposal of a nonprofit organization and (or) an application of a citizen on nomination of a candidate to the Public Council;

      2) information on professional and (or) public activities of the candidate with indication of personal biographical data.

      3. Candidates who do not meet the requirements set forth in paragraph 1 of this Article for election to public councils shall not be admitted to the competition.

Chapter 3. ACTIVITIES OF PUBLIC COUNCIL

Article 11. Organizational structure of the Public Council and powers of its presidium

      1. The supreme body of the Public Council is the meeting.

      2. The Presidium of the Public Council shall be elected to manage the activities of the Public Council in the period between its meetings. The presidium consists of the chairman and secretary of the Public Council, the head of the state body with the participation of which the Public Council was formed, chairmen of commissions, individual members of the Public Council.

      3. The Presidium may include deputies of the Parliament of the Republic of Kazakhstan and participate in the activities of the Public Council.

      4. Presidium of the Public Council:

      1) coordinates the work of the commissions of the Public Council;

      2) organizes preparation of holding meetings of the Public Council;

      3) provides organizational and informational support to the activities of the Public Council.

Article 12. Powers of the Chairman and Secretary of the Public Council

      1. Chairman of the Public Council:

      1) organizes the activities of the Public Council;

      2) presides at meetings;

      3) sign documents on behalf of the Public Council;

      4) coordinates the implementation of the decisions of the Public Council;

      5) participates in the meetings of the republican state body, local state administration body with the right of advisory vote;

      6) during his absence, delegates the performance of the duties of chairman to one of the members of the Presidium of the Public Council.

      2. Secretary of the Public Council:

      1) ensures the solution of organizational issues of preparation and holding the meetings of the Public Council;

      2) organizes and conducts business in the Public Council, as well as controls the terms of execution of decisions of the Public Council.

Article 13. Organization of the activities of the Public Council

      1. The first meeting of the Public Council is opened by the head of the working group.

      At this meeting, the Chairman, the Secretary and the entire Presidium of the Public Council are elected by open vote.

      The Chairman of the Public Council is elected from among its members - well-known public figures who are not in public service.

      The main form of work of public councils is their meetings. A meeting of the Public Council is considered to be competent with the participation of not less than two thirds of the total number of its members.

      Where necessary, representatives of state bodies, mass media, scientific, trade union and other organizations, as well as experts and other specialists may be invited to the meeting of the Public Council by its decision.

      3. Meetings of the Public Council shall be public.

      The conditions and procedure for holding the meetings of the Public Council, as well as the procedure for decision-making shall be determined by the Regulations on the Public Council.

      Other issues of holding meetings shall be determined by the decision of the Public Council.

      When carrying out their activities, Public Councils interact with each other on terms of equality and partnership.

      5. Within the limits of their powers, members of public councils with the right of advisory vote may participate in the activities of other public councils, and at the local level, in addition, the chairman of the Public Council of the district, the city of regional importance has the right to be a member of the Public Council of the region, the city of national importance, the capital.

      6. Organizational support of the activity of the Public Council is carried out by the corresponding state body with the participation of which the Public Council is formed.

Article 14. Publicity of the work of the Public Council

      1. The Public Council shall inform the public about

      1) the results of its interaction with civil society and state bodies;

      2) composition of the Public Council, rotation of its members;

      3) agenda of meetings;

      4) decisions made;

      5) other issues of public importance.

      Information shall be published in the mass media and (or) placed on the corresponding Internet resources.

Article 15. Termination of powers of members of the Public Council

      1. A member of the Public Council may resign from the Council by submitting a written application.

      2. A member of the Public Council may be early excluded from its composition by the decision of the Public Council in case of impossibility to take part in its work for health reasons or on other grounds provided by paragraph 1 of Article 10 of this Law.

      3. The Public Council shall make a decision on inclusion of a new member in the Public Council instead of a new member who resigned for the remainder of his or her term of office on the basis of the results of a competition or a decision of a state body in accordance with paragraph 1 of Article 9 of this Law.

Chapter 4. PROCEDURE FOR THE EXERCISE OF POWERS PUBLIC COUNCIL IN THE FIELD OF PUBLIC CONTROL

Article 16. Aims and objectives of the Public Council in the field of public control

      1. public control is exercised by the Public Council in order to expand the opportunity for citizens to participate in the decision-making process of state bodies.

      2. Tasks of public control:

      1) Increase of efficiency, openness and transparency of activity of state bodies and local self-government bodies;

      2) implementation of civil initiatives aimed at protection of public interests;

      3) Increasing the level of confidence of citizens in the activities of the state and its bodies, local government, providing feedback between society and the state, prevention and resolution of social conflicts;

      4) Involvement of the population in the process of combating corruption.

Article 17. Concept, object and subject of public control

      1. Public control means the activity of subjects of public control, carried out in the form of public monitoring, public hearing, public expertise and hearing the report on the results of the work of the state body, aimed at protecting public interests.

      The object of public control is the activity of state bodies of the republican and local levels and their officials.

      3. The subject of public control is public councils, as well as non-profit organizations, citizens on behalf of public councils.

Article 18. Forms of public control

      1. Public monitoring is a procedure of public control, which is an observation by the subjects of public control over the activity of state bodies.

      2. Public hearing shall be understood as a procedure of public control, which is carried out by means of holding a meeting for public discussion of the issues provided for by subparagraphs 1), 5) and 6) of paragraph 1 of Article 5 of this Law, as well as decisions of public authorities on the issue of their compliance with public interests.

      3. Public expertise is a procedure of public control based on the use of special knowledge and (or) experience by the subjects of public control for research, analysis and evaluation of the public interest in order to preserve the environment favorable for the life and health of citizens, as well as the exclusion of factors that have a negative impact on the safety of individuals, localities and production facilities.

      4. Listening to the report on the results of the work of the state body is a procedure of public control and is a public discussion at a meeting of the Public Council of the results of the activities of state bodies, local governments and their officials on the issues provided for in subparagraphs 2) and 3) of paragraph 1 of Article 5 of this Law.

Article 19. Mechanisms of public control

      Public control shall be exercised by means of:

      1) access to information on the activities of the object of public control in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of access to information;

      2) participation of members of the Public Council and subjects of public control in meetings of collegial bodies of the state body;

      3) inclusion of members of public councils into state commissions;

      4) submission of individual or collective appeals of citizens;

      5) submission of requests;

      6) other methods determined by the Public Council and not prohibited by the legislation of the Republic of Kazakhstan.

Article 20. Procedure for organizing and conducting public monitoring

      1. The procedure for organization and conduct of public monitoring shall be determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. public monitoring is carried out in order to identify negative consequences for citizens and infringements of public interests as a result of the provision of state services by state bodies, implementation of state and government programs, strategic plans and budget programs, programs of territory development, as well as the application of the legislation of the Republic of Kazakhstan.

      Public monitoring is carried out by members of the Public Council, as well as by representatives of non-profit organizations and citizens on behalf of the Public Council.

      4. When conducting public monitoring, members of the Public Council shall have the right to request from the state bodies and their officials the necessary information related to the subject of monitoring in the order and on the grounds established by the legislation of the Republic of Kazakhstan in the field of access to information.

      5. According to the results of public monitoring, the persons who carried out it shall draw up an opinion. The conclusion of public monitoring includes:

      1) Information on the identified negative consequences for citizens and on the infringement of public interests as a result of the provision of public services;

      2) recommendations to eliminate the causes and conditions identified in the course of public monitoring of violations of the legislation of the Republic of Kazakhstan;

      3) proposals to improve the effectiveness of controlled facilities;

      4) proposals for amendments and additions to regulatory legal acts.

      6. On the basis of the conclusion of public monitoring, the Public Council accepts and submits recommendations to the relevant state bodies.

Article 21. Procedure for organizing and holding a public hearing

      1. The procedure for organizing and holding a public hearing shall be determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.

      The Public Hearing shall be held by the Public Council within the terms agreed upon with the republican or local government body defined in paragraphs 5 and 6 of Article 1 of this Law.

      2. The procedure for organizing and holding a public hearing shall provide for:

      1) advance notification of the participants of the public hearing about the time and place of its holding through the mass media and (or) written invitations, but not later than ten calendar days prior to the day of its holding;

      2) advance acquaintance with draft regulatory legal acts and decisions submitted for public hearing, but not later than ten calendar days before the day of its holding;

      3) other measures ensuring participation in the public hearing;

      4) Publication of the final minutes of the public hearing, including a reasoned justification of the decisions made.

      Typical requirements to the order of organization and holding of public hearings are established by the Government of the Republic of Kazakhstan.

      The public hearing shall be held on the initiative of the members of the Public Council.

      5. In the course of the public hearing, minutes shall be kept in which they shall be recorded:

      1) The date and place of the public hearing;

      2) the number of persons present;

      3) the name, surname, patronymic (if it is specified in the identity document) of the chairman and secretary of the public hearing;

      4) Agenda, content of speeches.

      6. The final minutes of the public hearing shall be adopted based on the results of the public hearing, which shall be signed by the chairman and the secretary of the public hearing.

      7. The final minutes shall be deemed adopted if more than half of the present members of the Public Council voted for them.

      8. The final minutes of the public hearing shall include:

      1) information on compliance of controlled state bodies and their officials with the legislation of the Republic of Kazakhstan;

      2) recommendations on elimination of the provisions revealed in the course of the public hearing that infringe or restrict the rights and legitimate interests of individuals and legal entities;

      3) proposals for amendments and additions to regulatory legal acts.

      9. Recommendations adopted on the basis of the final protocol are sent by the Chairman of the Public Council:

      1) state bodies, subjects of public control;

      2) state bodies authorized to carry out control over the activity of state bodies for studying and taking measures;

      3) Mass media.

Article 22. Procedure for organizing and conducting public expertise

      1. the public expertise shall be carried out on behalf of the Public Council adopted at its meeting by expert commissions established by public associations.

      The objects of public expertise are drafts of decisions taken by the state bodies with regard to the observance of the rights and legitimate interests of individuals and legal entities, preservation of the environment favorable for life and health of citizens, as well as exclusion of factors that have a negative impact on the safety of individuals, settlements and production facilities.

      (2) The initiators of the public expertise may be individuals and (or) public associations, which submit the relevant application to the Public Council.

      Peculiarities of the public environmental impact assessment, the procedure for its registration and the content of the conclusion shall be established by the Environmental Code of the Republic of Kazakhstan.

      4. Legislative acts of the Republic of Kazakhstan may define other subjects, grounds and procedure for organization and conduct of public expertise.

Article 23. Procedure for organizing and conducting the hearing of reports on the results of work

      1. Hearing of the report on results of work includes the report of the first head of the state body of the republican level and the co-report of the chairman of the Public Council, and in the territories - the report of the akim of the administrative-territorial unit and co-reports of the secretary of the maslikhat, the chairman of the Public Council in accordance with the provisions of paragraph 4 of Article 18 of this Law.

      2. During the hearing of the report on the results of the work, a protocol is kept, in which it is recorded:

      1) date and place of hearing of the report;

      2) the number of persons present;

      3) surname, name, patronymic (if it is specified in the identity document) of the officials who spoke;

      4) agenda, content of the report and speeches.

      3. A resolution shall be adopted based on the results of the hearing of the report and shall contain it:

      1) evaluation of the activities of controlled bodies and their officials on the issues within their competence;

      2) recommendations on elimination of the provisions revealed during the hearing of the report that infringe or restrict the rights and legitimate interests of individuals and legal entities;

      3) proposals on improvement of activity of state bodies.

      (4) A report shall be deemed adopted if more than half of the participants of the meeting present voted for it.

Article 24. Procedure for implementation of this Law

      This Act shall be enforced on 1 January 2016.

      The President
      Republic of Kazakhstan N. Nazarbaev


On the public councils

Law of the Republic of Kazakhstan dated November 2, 2015 No. 383-V

      Unofficial translation

      The present Law defines the legal status, the order of formation and organization of the activity of public councils aimed at implementation of the state policy on formation of the state accountable to the population, provision of wide participation of non-commercial organizations, citizens in decision making by the state bodies of all levels.

Chapter 1. General Privisions

Article 1. Legal status of public councils

      1. Public councils - consultative, advisory, supervisory bodies formed by ministries, bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, as well as bodies of local state administration on the issues of their competence, except for the state bodies specified in part two of this paragraph, together with non-profit organizations and citizens.

      Public councils are not formed with the participation of the Supreme Court of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, the Prosecutor's Office, the Administration of the President of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan, the Ministry of Defense of the Republic of Kazakhstan, the Office of the Prime Minister of the Republic of Kazakhstan, the Department of Logistics, the National Center for Human Rights of the Republic of Kazakhstan, the Accounts Committee for Control over the Execution of the Respublika

      2. Consultative, advisory and supervisory bodies at state bodies, formed in another order than provided by this Law, and non-profit organizations may not have the name "public council" and have full powers established by this Law.

      3. Public councils shall be formed in the manner prescribed by this Law.

      Public councils shall be formed at two levels - republican and local. Public councils shall be autonomous and independent. Interaction between public councils shall be carried out in the order provided by this Law.

      5. The republican level of public councils shall include public councils formed by ministries, bodies directly subordinated and accountable to the President of the Republic of Kazakhstan, except for the state bodies specified in the second part of paragraph 1 of this article, together with non-profit organizations and citizens.

      6. Public councils at the local level include public councils of the corresponding administrative-territorial unit. At the same time, the functions of the Public Council at the level of village, settlement, rural district, and city of district significance are assigned to the meeting of the local community.

      7. The number of representatives of civil society in the Public Council shall be not less than two thirds of the total number of its members.

      8. Recommendations of public councils are mandatory for consideration by state bodies, which take decisions provided for by the legislation of the Republic of Kazakhstan and give motivated answers.

      9. Responsibility for social and economic development and the state of affairs in the respective region, industry, sphere of activity cannot be assigned to the Public Council and remains with the state bodies.

      Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 27.02.2017 No. 49-VI (shall be enforced upon ten calendar days after the day of its first official publication); dated 11.07.2017 No. 91-VI (shall be enforced upon ten calendar days after the day of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on public councils

      1. The legislation of the Republic of Kazakhstan on public councils 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 an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Aim and objectives of public councils

      1. The purpose of the activity of public councils is to express the opinion of civil society on socially important issues.

      2. The tasks of public councils are:

      1) representation of the interests of civil society and taking into account the opinion of the public when discussing and making decisions at the republican and local levels;

      2) development of interaction of central and local executive bodies and local self-government bodies with civil society;

      3) organization of public control and transparency of central and local executive bodies and local self-government bodies.

Article 4. Principles of operation of public councils

      Public councils operate on the basis of the following principles:

      1) activities on a voluntary basis;

      2) autonomy;

      3) independence;

      4) publicity;

      5) periodic rotation of their members.

Article 5. Powers of public councils at the national and local levels of government

      1. The powers of public councils at the republican and local levels of government include

      1) Discussion of draft budget programs of the administrator of budget programs, draft strategic plans or territorial development programs, draft state and government programs;

      2) discussion of the implementation of budget programs of the administrator of budget programs, strategic plans or programs of territory development, state and government programs;

      3) discussion of the executive bodies' reports on the achievement of target indicators;

      4) discussion of the reports of the administrator of budget programs on the implementation of budget programs, on the execution of plans of income and expenditure of money from the sale of goods (works, services), on the receipt and expenditure of money from charity;

      5) participation in working out and discussion of projects of normative legal acts, concerning the rights, freedoms and duties of citizens, except for projects of normative legal acts of central and local executive bodies, and also the akims, providing decision-making on establishment (cancellation) of a quarantine zone with introduction of a quarantine mode in corresponding territory, on establishment (removal) of quarantine and (or) restrictive actions in the cases provided by the legislation of the Republic of Kazakhstan in the field of veterinary science, and also it is declared

      6) consideration of appeals of individuals and legal entities on the improvement of state management and organization of transparent work of the state apparatus, including compliance with the norms of business ethics;

      7) development and submission to the state bodies of proposals to improve the legislation of the Republic of Kazakhstan;

      8) implementation of public control in other forms provided by this Law;

      9) discussion of the draft regulation on the Public Council at its first meeting and submission to the state body for approval;

      10) establishment of commissions by area of activity;

      11) participation in the work of local state administration bodies on issues of regulation of land relations in accordance with the land legislation of the Republic of Kazakhstan;

      12) consideration of the draft decision of the local executive body on the creation of an industrial zone of regional importance in accordance with the Law of the Republic of Kazakhstan "On Special Economic and Industrial Zones".

      2. Following the results of execution of the powers provided by subparagraphs 2), 3), 4), 6), 7) and 8) of paragraph 1 of this article, the Public Council shall make recommendations to the relevant state body, which within a month, and under subparagraph 1) - within ten working days gives a reasoned answer signed by the first head of the relevant state body or his deputy.

      Footnote. Article 5 as amended by the laws of the Republic of Kazakhstan dated 04.05.2018 No. 151-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 21.01.2019 No. 217-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 03.04.2019 No. 243-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 6. Powers of the local community meeting in terms of performing the functions of the Public Council

      The functions of the Public Council shall be performed by the local community meeting in accordance with the powers established by the Law of the Republic of Kazakhstan "On Local State Management and Self-Government in the Republic of Kazakhstan" and this Law.

Article 7. Rights and duties of public councils and their members

      1. Members of public councils have the right to exercise their powers:

      1) access to state bodies, local state administration bodies on the basis and in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

      2) participation in the work of other working bodies of central executive bodies, bodies of local state administration in coordination with the relevant state body;

      3) appeals to state bodies, local state administration bodies on socially important issues in order to exercise their powers established by this Law.

      2. The Public Council and its members shall be obliged to carry out their activities:

      1) to comply with the norms of the Constitution, corresponding laws, acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan;

      2) to carry out their activities in cooperation with the public;

      3) at least twice a year to inform the population about the activities of the Public Council through the mass media and (or) Internet resources;

      4) publish in the mass media and (or) place on the Internet site of the relevant state body, local government body an annual report on its activities.

Chapter 2. TIME OF THE PUBLIC FORMING OF THE PUBLIC OF THE REPUBLICAN AND LOCAL COUNCILS

Article 8. Procedure for setting up a working group to form the Public Council

      Public councils of the republican and local levels and their compositions are formed by working groups headed at the republican level by the first head of the relevant state body, and at the local level - by the head of the local representative body.

      2. Representation from the state body in the working group may not exceed one third of the total number of the working group members. Personal composition of this representative office shall be determined by the head of the state body independently.

      3. Representation from the civil society is not less than two thirds of the total number of members of the working group and is formed on the basis of proposals of non-profit organizations and citizens.

      4. The composition of the working group shall be approved by the decision of the head of the state body.

      5. The procedure of selection of members of the working group from civil society, terms of its holding, list of documents, powers and other issues of the working group activity shall be determined by the Regulation on the Public Council developed on the basis of the Standard Regulations approved by the Government of the Republic of Kazakhstan.

      6. The working group shall develop a draft regulation on the Public Council on the basis of the Model Regulations provided for by paragraph 5 of this Article.

Article 9. Procedure for forming public councils 

      Public councils are formed by a working group of representatives of state bodies and on a competitive basis - representatives of non-profit organizations and citizens.

      Candidates to the members of the Public Council may be nominated by non-commercial organizations, citizens, including through self-nomination.

      2. The term of office of the Public Council is three years. The number of members of the Public Council is determined by the working group.

      3. the announcement about the competition is published by the working group in the national and (or) local mass media and (or) is placed on the Internet site of the state body with indication of its name, postal address, terms of submission of documents, e-mail address to which documents and other information are sent in accordance with Article 10 of this Law for participation in the competition.

      Only one representative may be elected to the Public Council from one legal entity, which is a non-commercial organization.

      At formation of public councils of the republican level one and the same person can be elected a member of only one Public Council.

      5. The formed composition of the Public Council shall be approved by the decision of the state body or the decision of the local representative body and shall be published in the mass media and (or) posted on the Internet site of the respective body.

      6. Other issues related to the procedure of formation of the Public Council are determined by the Regulation on the Public Council approved by the head of the state body or local representative body.

Article 10. Requirements for candidates to the Public Council

      1. A citizen of the Republic of Kazakhstan who has reached the age of eighteen years may be a candidate for the membership of the Public Council, as well as in case of formation of the Public Council at the local level - a citizen residing within the limits of the corresponding administrative-territorial unit.

      A candidate to the members of the Public Council shall not be a candidate:

      1) have a criminal record;

      2) to be recognized by the court as guilty of committing a corruption crime and (or) corruption offense in accordance with the procedure established by law;

      3) to be on the account in the organizations of public health services concerning mental illness, alcoholism, drug addiction or drug addiction.

      2. To participate in the competition shall be submitted:

      1) a written proposal of a nonprofit organization and (or) an application of a citizen on nomination of a candidate to the Public Council;

      2) information on professional and (or) public activities of the candidate with indication of personal biographical data.

      3. Candidates who do not meet the requirements set forth in paragraph 1 of this Article for election to public councils shall not be admitted to the competition.

Chapter 3. ACTIVITIES OF PUBLIC COUNCIL

Article 11. Organizational structure of the Public Council and powers of its presidium

      1. The supreme body of the Public Council is the meeting.

      2. The Presidium of the Public Council shall be elected to manage the activities of the Public Council in the period between its meetings. The presidium consists of the chairman and secretary of the Public Council, the head of the state body with the participation of which the Public Council was formed, chairmen of commissions, individual members of the Public Council.

      3. The Presidium may include deputies of the Parliament of the Republic of Kazakhstan and participate in the activities of the Public Council.

      4. Presidium of the Public Council:

      1) coordinates the work of the commissions of the Public Council;

      2) organizes preparation of holding meetings of the Public Council;

      3) provides organizational and informational support to the activities of the Public Council.

Article 12. Powers of the Chairman and Secretary of the Public Council

      1. Chairman of the Public Council:

      1) organizes the activities of the Public Council;

      2) presides at meetings;

      3) sign documents on behalf of the Public Council;

      4) coordinates the implementation of the decisions of the Public Council;

      5) participates in the meetings of the republican state body, local state administration body with the right of advisory vote;

      6) during his absence, delegates the performance of the duties of chairman to one of the members of the Presidium of the Public Council.

      2. Secretary of the Public Council:

      1) ensures the solution of organizational issues of preparation and holding the meetings of the Public Council;

      2) organizes and conducts business in the Public Council, as well as controls the terms of execution of decisions of the Public Council.

Article 13. Organization of the activities of the Public Council

      1. The first meeting of the Public Council is opened by the head of the working group.

      At this meeting, the Chairman, the Secretary and the entire Presidium of the Public Council are elected by open vote.

      The Chairman of the Public Council is elected from among its members - well-known public figures who are not in public service.

      The main form of work of public councils is their meetings. A meeting of the Public Council is considered to be competent with the participation of not less than two thirds of the total number of its members.

      Where necessary, representatives of state bodies, mass media, scientific, trade union and other organizations, as well as experts and other specialists may be invited to the meeting of the Public Council by its decision.

      3. Meetings of the Public Council shall be public.

      The conditions and procedure for holding the meetings of the Public Council, as well as the procedure for decision-making shall be determined by the Regulations on the Public Council.

      Other issues of holding meetings shall be determined by the decision of the Public Council.

      When carrying out their activities, Public Councils interact with each other on terms of equality and partnership.

      5. Within the limits of their powers, members of public councils with the right of advisory vote may participate in the activities of other public councils, and at the local level, in addition, the chairman of the Public Council of the district, the city of regional importance has the right to be a member of the Public Council of the region, the city of national importance, the capital.

      6. Organizational support of the activity of the Public Council is carried out by the corresponding state body with the participation of which the Public Council is formed.

Article 14. Publicity of the work of the Public Council

      1. The Public Council shall inform the public about

      1) the results of its interaction with civil society and state bodies;

      2) composition of the Public Council, rotation of its members;

      3) agenda of meetings;

      4) decisions made;

      5) other issues of public importance.

      Information shall be published in the mass media and (or) placed on the corresponding Internet resources.

Article 15. Termination of powers of members of the Public Council

      1. A member of the Public Council may resign from the Council by submitting a written application.

      2. A member of the Public Council may be early excluded from its composition by the decision of the Public Council in case of impossibility to take part in its work for health reasons or on other grounds provided by paragraph 1 of Article 10 of this Law.

      3. The Public Council shall make a decision on inclusion of a new member in the Public Council instead of a new member who resigned for the remainder of his or her term of office on the basis of the results of a competition or a decision of a state body in accordance with paragraph 1 of Article 9 of this Law.

Chapter 4. PROCEDURE FOR THE EXERCISE OF POWERS PUBLIC COUNCIL IN THE FIELD OF PUBLIC CONTROL

Article 16. Aims and objectives of the Public Council in the field of public control

      1. public control is exercised by the Public Council in order to expand the opportunity for citizens to participate in the decision-making process of state bodies.

      2. Tasks of public control:

      1) Increase of efficiency, openness and transparency of activity of state bodies and local self-government bodies;

      2) implementation of civil initiatives aimed at protection of public interests;

      3) Increasing the level of confidence of citizens in the activities of the state and its bodies, local government, providing feedback between society and the state, prevention and resolution of social conflicts;

      4) Involvement of the population in the process of combating corruption.

Article 17. Concept, object and subject of public control

      1. Public control means the activity of subjects of public control, carried out in the form of public monitoring, public hearing, public expertise and hearing the report on the results of the work of the state body, aimed at protecting public interests.

      The object of public control is the activity of state bodies of the republican and local levels and their officials.

      3. The subject of public control is public councils, as well as non-profit organizations, citizens on behalf of public councils.

Article 18. Forms of public control

      1. Public monitoring is a procedure of public control, which is an observation by the subjects of public control over the activity of state bodies.

      2. Public hearing shall be understood as a procedure of public control, which is carried out by means of holding a meeting for public discussion of the issues provided for by subparagraphs 1), 5) and 6) of paragraph 1 of Article 5 of this Law, as well as decisions of public authorities on the issue of their compliance with public interests.

      3. Public expertise is a procedure of public control based on the use of special knowledge and (or) experience by the subjects of public control for research, analysis and evaluation of the public interest in order to preserve the environment favorable for the life and health of citizens, as well as the exclusion of factors that have a negative impact on the safety of individuals, localities and production facilities.

      4. Listening to the report on the results of the work of the state body is a procedure of public control and is a public discussion at a meeting of the Public Council of the results of the activities of state bodies, local governments and their officials on the issues provided for in subparagraphs 2) and 3) of paragraph 1 of Article 5 of this Law.

Article 19. Mechanisms of public control

      Public control shall be exercised by means of:

      1) access to information on the activities of the object of public control in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of access to information;

      2) participation of members of the Public Council and subjects of public control in meetings of collegial bodies of the state body;

      3) inclusion of members of public councils into state commissions;

      4) submission of individual or collective appeals of citizens;

      5) submission of requests;

      6) other methods determined by the Public Council and not prohibited by the legislation of the Republic of Kazakhstan.

Article 20. Procedure for organizing and conducting public monitoring

      1. The procedure for organization and conduct of public monitoring shall be determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. public monitoring is carried out in order to identify negative consequences for citizens and infringements of public interests as a result of the provision of state services by state bodies, implementation of state and government programs, strategic plans and budget programs, programs of territory development, as well as the application of the legislation of the Republic of Kazakhstan.

      Public monitoring is carried out by members of the Public Council, as well as by representatives of non-profit organizations and citizens on behalf of the Public Council.

      4. When conducting public monitoring, members of the Public Council shall have the right to request from the state bodies and their officials the necessary information related to the subject of monitoring in the order and on the grounds established by the legislation of the Republic of Kazakhstan in the field of access to information.

      5. According to the results of public monitoring, the persons who carried out it shall draw up an opinion. The conclusion of public monitoring includes:

      1) Information on the identified negative consequences for citizens and on the infringement of public interests as a result of the provision of public services;

      2) recommendations to eliminate the causes and conditions identified in the course of public monitoring of violations of the legislation of the Republic of Kazakhstan;

      3) proposals to improve the effectiveness of controlled facilities;

      4) proposals for amendments and additions to regulatory legal acts.

      6. On the basis of the conclusion of public monitoring, the Public Council accepts and submits recommendations to the relevant state bodies.

Article 21. Procedure for organizing and holding a public hearing

      1. The procedure for organizing and holding a public hearing shall be determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.

      The Public Hearing shall be held by the Public Council within the terms agreed upon with the republican or local government body defined in paragraphs 5 and 6 of Article 1 of this Law.

      2. The procedure for organizing and holding a public hearing shall provide for:

      1) advance notification of the participants of the public hearing about the time and place of its holding through the mass media and (or) written invitations, but not later than ten calendar days prior to the day of its holding;

      2) advance acquaintance with draft regulatory legal acts and decisions submitted for public hearing, but not later than ten calendar days before the day of its holding;

      3) other measures ensuring participation in the public hearing;

      4) Publication of the final minutes of the public hearing, including a reasoned justification of the decisions made.

      Typical requirements to the order of organization and holding of public hearings are established by the Government of the Republic of Kazakhstan.

      The public hearing shall be held on the initiative of the members of the Public Council.

      5. In the course of the public hearing, minutes shall be kept in which they shall be recorded:

      1) The date and place of the public hearing;

      2) the number of persons present;

      3) the name, surname, patronymic (if it is specified in the identity document) of the chairman and secretary of the public hearing;

      4) Agenda, content of speeches.

      6. The final minutes of the public hearing shall be adopted based on the results of the public hearing, which shall be signed by the chairman and the secretary of the public hearing.

      7. The final minutes shall be deemed adopted if more than half of the present members of the Public Council voted for them.

      8. The final minutes of the public hearing shall include:

      1) information on compliance of controlled state bodies and their officials with the legislation of the Republic of Kazakhstan;

      2) recommendations on elimination of the provisions revealed in the course of the public hearing that infringe or restrict the rights and legitimate interests of individuals and legal entities;

      3) proposals for amendments and additions to regulatory legal acts.

      9. Recommendations adopted on the basis of the final protocol are sent by the Chairman of the Public Council:

      1) state bodies, subjects of public control;

      2) state bodies authorized to carry out control over the activity of state bodies for studying and taking measures;

      3) Mass media.

Article 22. Procedure for organizing and conducting public expertise

      1. the public expertise shall be carried out on behalf of the Public Council adopted at its meeting by expert commissions established by public associations.

      The objects of public expertise are drafts of decisions taken by the state bodies with regard to the observance of the rights and legitimate interests of individuals and legal entities, preservation of the environment favorable for life and health of citizens, as well as exclusion of factors that have a negative impact on the safety of individuals, settlements and production facilities.

      (2) The initiators of the public expertise may be individuals and (or) public associations, which submit the relevant application to the Public Council.

      Peculiarities of the public environmental impact assessment, the procedure for its registration and the content of the conclusion shall be established by the Environmental Code of the Republic of Kazakhstan.

      4. Legislative acts of the Republic of Kazakhstan may define other subjects, grounds and procedure for organization and conduct of public expertise.

Article 23. Procedure for organizing and conducting the hearing of reports on the results of work

      1. Hearing of the report on results of work includes the report of the first head of the state body of the republican level and the co-report of the chairman of the Public Council, and in the territories - the report of the akim of the administrative-territorial unit and co-reports of the secretary of the maslikhat, the chairman of the Public Council in accordance with the provisions of paragraph 4 of Article 18 of this Law.

      2. During the hearing of the report on the results of the work, a protocol is kept, in which it is recorded:

      1) date and place of hearing of the report;

      2) the number of persons present;

      3) surname, name, patronymic (if it is specified in the identity document) of the officials who spoke;

      4) agenda, content of the report and speeches.

      3. A resolution shall be adopted based on the results of the hearing of the report and shall contain it:

      1) evaluation of the activities of controlled bodies and their officials on the issues within their competence;

      2) recommendations on elimination of the provisions revealed during the hearing of the report that infringe or restrict the rights and legitimate interests of individuals and legal entities;

      3) proposals on improvement of activity of state bodies.

      (4) A report shall be deemed adopted if more than half of the participants of the meeting present voted for it.

Article 24. Procedure for implementation of this Law

      This Act shall be enforced on 1 January 2016.

      The President
      Republic of Kazakhstan N. Nazarbaev

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