Article 41. Competence, powers, functions and tasks of a state body Administrative Procedural Code of the Republic of Kazakhstan

Home / Codes / Article 41. Competence, powers, functions and tasks of a state body Administrative Procedural Code of the Republic of Kazakhstan

1. The competence of a state body is understood as the totality of the established powers of a state body that determine the subject of its activities.

The powers of a State body are understood as the rights and obligations of a State body.

The tasks of a state body are understood as the main areas of activity of a state body.

The functions of a State body are understood as the implementation of activities by a State body within its competence.

The competence, powers, functions and tasks of a state body are established in the Constitution of the Republic of Kazakhstan, laws and other normative legal acts of the Republic of Kazakhstan adopted by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, and a higher central state body in relation to it.

2. The functions of a government agency are divided into strategic, regulatory, implementation, and control functions.:

The functions of developing and adopting planning documents, ensuring international relations, national security and defense capability are strategic.;

Regulatory functions include regulatory legal support for the implementation of government functions, registration and analysis of the implementation of regulatory legal acts, coordination of the activities of government agencies, and management of state assets.;

realizable functions are those aimed at executing planning documents, regulatory legal acts, achieving goals and objectives stipulated in the planning documents of a state body, providing public services, including issuing, extending, reissuing, resuming and implementing other actions provided for by the legislation of the Republic of Kazakhstan in relation to permits, as well as appendices to them.;

Control functions are those for checking and monitoring the compliance of the activities of individuals and legal entities, including state institutions, with the requirements established by regulatory legal acts, and in cases provided for by the laws of the Republic of Kazakhstan, with the requirements established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and resolutions of the Government of the Republic of Kazakhstan.

The distribution of functions into strategic, regulatory, implementation and control functions in the structure of state bodies accountable to the President of the Republic of Kazakhstan is determined by the President of the Republic of Kazakhstan, and in the central executive bodies – by the Government of the Republic of Kazakhstan.

3. State bodies are prohibited from performing functions not provided for in the legislation of the Republic of Kazakhstan.

Government agencies independently conduct a functional analysis of activities in accordance with the methodology for conducting sectoral (departmental) functional reviews of the activities of government agencies, approved by the authorized body in the field of public administration system development.

The footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication).

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