Article 39-3. Gatherings of the local community and meetings of the local community of the Law on Local Government and Self-Government in the Republic of Kazakhstan

Home / Laws / Article 39-3. Gatherings of the local community and meetings of the local community of the Law on Local Government and Self-Government in the Republic of Kazakhstan

1. A meeting of the local community and a meeting of the local community shall be held on the territory of cities of regional significance, villages, townships, and rural districts to resolve issues of local importance.

Minors, persons who have been declared legally incompetent by a court, as well as persons detained in places of deprivation of liberty by a court verdict, have no right to participate in a meeting of the local community and at a meeting of the local community.

2. A meeting of the local community is held as necessary on the most important issues of local importance.:

1) identification of the priorities of the local community and the timing of their implementation;

2) determination of the composition of the local community assembly for a period of four years in the number of up to twenty-five people;

3) making proposals to maslikhats of districts (cities of regional significance), akims of districts (cities of regional significance), cities of regional significance, villages, towns, rural districts, local governments on issues of local importance;

4) hearing and discussing reports of akims on the implementation of their functions of local self-government;

4-1) hearing and discussing the annual reports of the akims of the city of regional significance, village, village, rural district on the progress of the implementation of the Plan for Pasture Management and use;

4-2) hearing and discussing the annual reports of the akims of the city of regional significance, village, settlement, rural district on the progress of their election programs;

5) hearing and discussing reports of the maslikhat on the work done by the maslikhat of the district (city of regional significance), the activities of its permanent commissions;

6) other issues of local importance, determined by a meeting of the local community.

3. A meeting of the local community is held on current issues of local importance.:

RCPI's note! This version of subparagraph 1) is valid from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand or less (see the archived version of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan” dated 01/23/2011 No. 148 dated 07/11/2017).

1) discussion and consideration of draft program documents, development plans for cities of regional importance, villages, towns, rural districts;

RCPI's note! Article 39-3 is supplemented by subparagraph 1-1) from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for cities of district significance, villages, towns, rural districts with a population of two thousand or less people is put into effect from 01.01.2020).

1-1) coordination of the draft budget of the city of regional significance, village, settlement, rural district and the budget execution report;

RCPI's note! Article 39-3 is supplemented by subparagraph 1-2) from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for cities of district significance, villages, towns, rural districts with a population of two thousand or less people is put into effect from 01.01.2020).

1-2) coordination of decisions of the akim's office of a city of district significance, village, settlement, rural district on the management of communal property of a city of district significance, village, settlement, rural district (communal property of local government);

2) excluded by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for the procedure of entry into force, see paragraphs 1), paragraph 1, art. 2). RCPI's note! This version of subparagraph 3) is valid from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand or less The man see archived version of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-government in the Republic of Kazakhstan” dated 11.07.2017, No. 148 dated 23.01.2001).

3) formation of a local community commission from among the participants of the local community meeting in order to monitor the budget execution of a city of regional significance, village, settlement, rural district;

RCPI's note! This version of subparagraph 4) is valid from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand or less (see the archived version of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan” dated 01/23/2011 No. 148 dated 07/11/2017).

4) hearing and discussing the report on the results of monitoring the budget execution of a city of regional significance, village, settlement, rural district;

RCPI's note! This version of subparagraph 4-1) is valid from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand or less (see the archived version of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan” dated 01/23/2011 No. 148 dated 07/11/2017).

4-1) approval of the alienation of communal property of a city of regional significance, village, settlement, rural district;

4-2) discussion of topical issues of the local community, draft regulatory legal acts concerning the rights, freedoms and duties of citizens, with the exception of draft regulatory legal acts of local executive bodies, as well as akims, providing for decisions on the establishment (cancellation) of a quarantine zone with the introduction of a quarantine regime in the relevant territory, on the establishment (lifting) of quarantine and (or) restrictive measures in cases stipulated by the legislation of the Republic of Kazakhstan in the field of veterinary medicine, as well as declaring a natural and man-made emergency, as well as providing recommendations on them within the time limits stipulated by the Law of the Republic of Kazakhstan "On Legal Acts".;

4-3) approval of candidates submitted by the akim of a district (city of regional significance) for the position of akim of a city of district significance, village, settlement, rural district for further nomination in the case provided for in paragraph 6 of Article 113-3 of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan";

4-4) initiating the issue of dismissal of the akim of a city of regional significance, village, village, rural district;

4-5) making proposals for the appointment of heads of state institutions and organizations funded from the local budget and located in the relevant territories;

5) Other current issues of the local community.

RCPI's note! The first part of paragraph 3-1 is effective from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for cities of district significance, villages, towns, rural districts with a population of two thousand or less, it is introduced in effective from 01.01.2020).

3-1. The procedure for the formation and operation of a local community meeting is determined by the rules of procedure of the local community meeting, approved by the maslikhat of the district (city of regional significance).

The standard rules of procedure of the local community meeting are approved by the authorized body for the development of local self-government.

3-2. A decision on the organization and dissolution of a local community meeting is taken by a meeting of the local community in accordance with this Law.

4. Monitoring is carried out in order to collect, systematize, analyze and summarize information on the implementation of approved budget indicators for a city of regional significance, village, settlement, rural district.

RCPI's note! This version of the second part of paragraph 4 is valid from 01.01.2018 for cities of district significance, villages, towns, rural districts with a population of more than two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand and For less than one person, see the archived version of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan” dated 01/23/2011 No. 148 dated 07/11/2017).

Monitoring is carried out once every six months by members of the local community commission by comparing the planned and achieved results of the budget indicators of a city of regional significance, village, settlement, rural district. If necessary, an extraordinary monitoring may be conducted by decision of the local community meeting.

The local community Commission has the right to involve specialists to monitor the budget execution of a city of regional significance, village, settlement, rural district.

Methodological and methodological guidance on monitoring is provided by the central authorized body for budget execution.

The monitoring report, signed by the members of the local community commission, is submitted for discussion at the local community meeting.

Following the discussion of the monitoring report, the local community meeting makes recommendations on the effective implementation of the budget of a city of regional significance, village, settlement, rural district.

The akim of the relevant territory submits to the next meeting of the local community a reasoned conclusion on the results of consideration of recommendations on the effective implementation of the budget of a city of regional significance, village, settlement, rural district.

5. A meeting of a local community may be convened by the akims of a city of district significance, village, settlement, rural district independently or on the initiative of at least ten percent of the members of the local community living in the territory and eligible to participate in it and who signed a statement on the need to convene it, indicating the surname, first name, patronymic (if any) and place of residence..

Initiators of a local community gathering are required to notify the akim of the relevant district (city of regional significance) ten days before the date of the proposed gathering.

A meeting of the local community is allowed upon receipt of a positive decision by the akim of the relevant district (city of regional significance).

5-1. The procedure for holding meetings of the local community is determined by the regulations for holding meetings of the local community.

The regulations for holding meetings of the local community are developed and approved by the authorized body for the development of local self-government.

6. It is allowed to hold separate gatherings of the local community of residents of a village, neighborhood, street, apartment building.

To hold a separate meeting of the local community, the territory of a city of regional significance, village, village, rural district is divided into sections (villages, neighborhoods, streets, apartment buildings). At separate meetings of the local community of residents of a village, neighborhood, street, apartment building, representatives are elected to participate in the meeting of the local community in the number of no more than three people.

The procedure for holding separate gatherings of the local community and determining the number of representatives of residents of a village, microdistrict, street, apartment building to participate in a gathering of the local community is developed by the akims of cities of regional significance, villages, towns, rural districts and approved by maslikhats of districts (cities of regional significance).

The standard procedure for holding separate gatherings of the local community is approved by the central authorized body for state planning.

7. A meeting of a local community may be convened by the akims of a city of regional significance, village, settlement, rural district independently or on the initiative of at least ten percent of the members of the meeting delegated by the meeting of the local community.

8. A meeting of the local community, a separate meeting of the local community of residents of a village, a microdistrict, a street, an apartment building, a meeting of the local community is organized by the akims of the city of regional significance, village, village, rural district.

The population of the local community shall be notified of the time and place of convocation of a meeting of the local community, a meeting of the local community and the issues discussed no later than ten calendar days before the day of their holding through the mass media or by other means, except for the case provided for in subparagraph 4-3) of paragraph 3 of this article, according to which the time and place of convocation of a meeting of the local community Members of the local community meeting are notified no later than three calendar days before the day of its holding.

9. A meeting of the local community is considered to have taken place with the participation of at least ten percent of the members of the local community living in the territory and eligible to participate in it.

A local community meeting is considered to have taken place with the participation of at least half of the members delegated by the local community meeting.

9-1. It is allowed to hold a meeting of the local community or a meeting of the local community using digital objects that ensure the participation of participants of the meeting of the local community or members of the meeting of the local community in discussion and decision-making.

10. A meeting of a local community or a meeting of a local community is opened by the akims of a city of regional significance, village, settlement, rural district or a person authorized by them.

The chairman and secretary of the meeting of the local community or the meeting of the local community are elected by open vote to lead the meeting of the local community or the meeting of the local community. The agenda is approved by a meeting of the local community or a meeting of the local community.

At a meeting of the local community or a meeting of the local community, a protocol is kept, which states:

1) the date and place of the meeting of the local community or the meeting of the local community;

2) the total number of members of the local community living in the relevant territory and having the right to participate in a meeting of the local community or at a meeting of the local community;

3) the number and list of those present, indicating the surname, first name, patronymic (if any);

4) last name, first name, patronymic (if any) of the chairman and secretary of a local community meeting or a local community meeting;

5) the agenda, the content of the speeches and the decisions taken.

The protocol is signed by the chairman and secretary of the meeting of the local community or the meeting of the local community and is transmitted to the akim of the relevant city of regional significance, village, village, rural district.

11. A decision of a local community meeting or a local community meeting is considered adopted if more than half of the participants in a local community meeting or a local community meeting voted for it. Akims of a city of regional significance, village, settlement, rural district have the right to express disagreement with the decision of a meeting of the local community or a meeting of the local community, which is resolved by re-discussing the issues that caused such disagreement.

If it is impossible to resolve issues that have caused disagreement between the akims of a city of regional significance, village, settlement, rural district, the issue is resolved by a higher akim after its preliminary discussion at a meeting of the maslikhat of the relevant district (city of regional significance).

12. Decisions taken at a meeting of the local community or a meeting of the local community are subject to mandatory review by the akims of the city of regional significance, village, settlement, rural district.

13. Local government and self-government bodies and officials, within their competence, ensure the execution of decisions taken at a local community meeting or a local community meeting and approved by the akims of a city of regional significance, village, settlement, rural district.

14. Decisions made at a local community meeting or a local community meeting are disseminated through the media or by other means. If necessary, based on the results of a meeting of the local community or a meeting of the local community, the akims of a city of regional significance, village, settlement, rural district make a decision.

The Law of the Republic of Kazakhstan dated January 23, 2001 No. 148.

This Law, in accordance with the Constitution of the Republic of Kazakhstan, regulates public relations in the field of local government and self-government, defines the competence, organization, and order of activity of local representative and executive bodies, as well as the legal status of deputies of maslikhats.

President

Republic of Kazakhstan

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