Article 6. Competence of maslikhats of the Law on Local Government and Self-Government in the Republic of Kazakhstan

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1. The competence of maslikhats includes:

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) approval of plans, economic and social programs for the development of the relevant territory, the local budget and reports on their implementation, including approval of budget programs implemented by the akims of the district in the city (separately for each district in the city);

2) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);

3) approval, on the proposal of the akim, of a management scheme for an administrative-territorial unit formed on the basis of basic local government structures approved by the Government of the Republic of Kazakhstan, unless otherwise provided by the laws of the Republic of Kazakhstan;

4) resolving issues of local administrative and territorial structure within their jurisdiction;

4-1) approval of the rules for the preparation and conduct of the heating season;

4-2) approval of the rules for landscaping the territories of cities and towns;

4-3) approval of the rules for the creation, maintenance and protection of green spaces;

4-4) approval of measures aimed at the development and functioning of healthcare organizations, including organizations providing medical care to persons held in pre-trial detention facilities and institutions of the penal (penitentiary) system;

4-5) approval of regional symbols;

4-6) setting the rental rate for the use of historical and cultural monuments of local importance;

5) approval by the decision of the maslikhat session of the personnel of the relevant akimat on the proposal of the akim;

5-1) excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication);

6) consideration of reports of the heads of executive bodies and submission to the relevant bodies of submissions on bringing to justice officials of state bodies, as well as organizations for non-compliance with maslikhat decisions;

6-1) excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication); 7) excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (effective from 13.10.2011);

7-1) election in accordance with the legislative act of the Republic of Kazakhstan on the election of members of territorial and precinct election commissions by secret or open voting;

8) excluded by the Law of the Republic of Kazakhstan dated 04/27/2012 No. 15-V (effective after ten calendar days after its first official publication);

9) control over the execution of the local budget and territorial development programs;

9-1) consideration of the annual budget performance report of the audit commissions of regions, cities of republican significance, the capital;

9-2) making proposals to the audit commissions of regions, cities of republican significance, and the capital for the inclusion of state audit and financial control facilities in the work plan of the audit commissions;

10) formation of permanent commissions and other bodies of the maslikhat, hearing reports on their activities, resolving other issues related to the organization of the maslikhat's work;

10-1) implementation of organizational support for the activities of the Public Council;

11) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);

12) approval, on the recommendation of the akim, of the staff of the advisory bodies under the Akimat on interdepartmental issues;

12-1) awarding the title of "Honorary citizen of the region (city, district) upon the proposal of the akim;

12-2) approval of the rules for awarding the title of "Honorary Citizen of the region (city, district)", developed and submitted by the Akimat of the region, the city of republican significance, the capital;

12-3) development and approval of the regulations on awarding the Certificate of Honor to the region (city, district);

13) implementation of regulation of land relations in accordance with the land legislation of the Republic of Kazakhstan;

14) assistance in the implementation by citizens and organizations of the norms of the Constitution of the Republic of Kazakhstan, laws, acts of the President and Government of the Republic of Kazakhstan, regulatory legal acts of central and local government bodies;

14-1) approval of key target indicators for strengthening the institution of marriage and family, socio-economic support, identification and organization of comprehensive support to persons (families) in difficult situations, within the competence of government agencies.

15) exercising other powers in accordance with the legislation of the Republic of Kazakhstan to ensure the rights and legitimate interests of citizens.

2. The competence of regional, cities of republican significance and the capital maslikhats also includes submitting submissions on approval of the regional planning scheme of the region, the draft general plan for the development of the regional center, the city of republican significance and the capital to the Government of the Republic of Kazakhstan, approval of projects for the district planning of administrative districts, general plans for the development of cities of regional (except regional centers) and district significance, and the definition of systems of social support measures for certain categories of citizens, including medical workers, working and living in rural settlements provided for by the legislation of the Republic of Kazakhstan.

2-1. The maslikhat of the region, the city of republican significance, and the capital is responsible for appointing the chairman and members of the audit commission of the region, the city of republican significance, and the capital for five years, as well as dismissing them from their posts in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

2-2. The competence of maslikhats of regions, cities of republican significance, and the capital includes approval of the rules for keeping animals, rules for keeping farm animals in populated areas, rules for grazing farm animals, rules for keeping and walking pets, rules for trapping, temporary detention, and killing animals, as well as approval of other rules for violation of which administrative responsibility is established.

2-3. The maslikhats of a district (city of regional significance), a city of republican significance, and the capital are responsible for approving the rules for providing social assistance, setting the size and determining the list of certain categories of citizens in need, and determining the minimum guaranteed amount of social support measures and benefits for healthcare professionals, including for the purchase or construction of housing from the local budget.

2-4. The maslikhats of regions, cities of republican significance, and the capital are responsible for establishing the boundaries of sanitary animal welfare zones.

2-5. The competence of maslikhats of cities of republican significance, the capital, and cities of regional significance includes making decisions on the establishment of territorial councils of local self-government, approving their composition and regulations on territorial councils of local self-government.

2-6. The maslikhats of regions, cities of republican significance, and the capital are responsible for approving the rules governing migration processes in regions, cities of republican significance, and the capital.

RCPI's note! Article 6 was supplemented by paragraph 2-7 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 introduced from 01.01.2020).

2-7. The maslikhat of a district (city of regional significance) is responsible for approving the budget of a city of regional significance, village, settlement, rural district and a report on its implementation.

2-8. The maslikhats of regions, cities of republican significance, and the capital are responsible for approving burial rules and organizing grave care.

2-9. The maslikhats of regions, cities of republican significance, the capital, and districts (cities of regional significance) are responsible for determining the size and list of categories of recipients of housing certificates.

2-10. The maslikhats of cities of republican significance, the capital, and districts (cities of regional significance) are responsible for approving tourist contribution rates for foreigners.

2-11. The maslikhat of the district (city of regional significance) decides on accepting the resignation of the elected akim, who is a political civil servant, or on a reasoned refusal to accept the resignation.

The decision to accept resignation or refuse to accept resignation is made within one month from the date of submitting a personal written application of the elected akim, who is a political civil servant.

If the resignation is accepted, a copy of the relevant decision of the maslikhat of the district (city of regional significance) is sent to the territorial election commission.

2-12. The maslikhat of the region is responsible for approving the list of villages, towns, and rural districts in which employers plan to build rental housing.

2-13. The maslikhats of cities of republican significance, the capital, and districts (cities of regional significance) are responsible for approving the list and procedure for providing special social services provided at the expense of the recipient of special social services in excess of the guaranteed amount.

2-14. The maslikhat of the region, the city of republican significance, and the capital are responsible for approving the educational development plan for the relevant territory on the proposal of the akim.

2-15. The competence of maslikhats of cities of republican significance and the capital includes the approval of:

1) rules for providing an accessible environment;

2) home renovation programs.

3. The competence of district maslikhats also includes the approval of general plans for the development of cities, towns and villages located on the territory of the relevant district, consideration of the report on the work done by the akim of the city of regional significance, rural district, settlement and village, which is not part of the rural district, and submission to the akim of the district of ideas on involving the akim of the relevant administrative-territorial unit disciplinary responsibility.

3-1. The maslikhat of a district (city of regional significance) has the right to request information from the audit commission of the region on the control measures taken on the budget execution of the relevant district (city of regional significance).

3-2. The competence of maslikhats of districts (cities of regional significance) includes the approval of the rental rate for the rental of communal property.

4. Maslikhats of regions, cities of republican significance and the capital of the Republic of Kazakhstan, on the proposals of the relevant akimats, have the right to make decisions on borrowing in accordance with the legislative acts of the Republic of Kazakhstan.

5. Maslikhats of regions, cities of republican significance and the capital approve the rates of payment for the disposal of municipal waste (solid household waste, sludge from sewage treatment plants), the use of water resources of surface water bodies (annually) forest use in accordance with the legislation of the Republic of Kazakhstan.

6. Maslikhats of regions, cities of republican significance and the capital are considering giving consent to the construction of nuclear installations and facilities in the relevant administrative-territorial unit.

6-1. Maslikhats of regions, cities of republican significance, with the exception of the city of Almaty, approve the rules for the delivery (evacuation), organization of accounting and temporary storage of motor vehicles, vessels, including small vessels, detained on the basis provided for by the legislation of the Republic of Kazakhstan on administrative offenses, at special sites or parking lots created by decision of local authorities. executive bodies and those in communal ownership.

7. The powers of deputies of the Senate of Parliament elected at a joint meeting of electors represented by deputies representing all maslikhats of the region, cities of republican significance and the capital may be terminated prematurely by decision of the electors.

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.

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