On approval of the Maslikhat Model Regulations
Decree of the President of the Republic of Kazakhstan dated December 3, 2013 No. 704.
To be published in
Collection of acts of the President and
Government of the Republic of Kazakhstan
and the republican press
In accordance with article 9 of the Law of the Republic of Kazakhstan dated January 23, 2001 "On Local Government and Self-government in the Republic of Kazakhstan"
I DECREE:
1. To approve the attached Standard Regulations of the Maslikhat.
2. This Decree shall enter into force upon the expiration of ten calendar days from the date of the first official publication.
President of the Republic of Kazakhstan
N. NAZARBAYEV
Approved by Decree of the President of the Republic of Kazakhstan on December 3, 2013 No. 704
Standard regulations of the maslikhat
The footnote. Standard Regulations – as amended by Decree of the President of the Republic of Kazakhstan dated 12/13/2021 No. 715 (for the procedure of entry into force, see paragraph 2). Footnote. Throughout the text, the words "secretary of maslikhat", "secretary of maslikhat", "secretary of maslikhat", "secretary of maslikhat", "secretaries of maslikhats", "new secretary" are replaced respectively by the words "chairman of maslikhat", "chairman of maslikhat", "chairman of maslikhat", "chairman of maslikhat", "chairmen of maslikhats", the "new chairman" by Decree of the President of the Republic of Kazakhstan dated 04/10/2023 No. 190 (effective from the date of its first official publication).
Chapter 1. General provisions
1. This Standard Regulation of the Maslikhat (hereinafter referred to as the Regulation) has been developed in accordance with Article 9 of the Law of the Republic of Kazakhstan "On Local Government and Self–Government in the Republic of Kazakhstan" (hereinafter referred to as the Regulation – The Law) and establishes the procedure for holding sessions of the Maslikhat, meetings of its bodies, submitting and considering issues of formation and election of Maslikhat bodies, hearing reports on their activities, reports on the work done by the maslikhat to the public and the activities of its permanent commissions, considering deputy requests, powers, organization of activities of deputy associations in the maslikhat, as well as voting, the organization of the work of the staff and other procedural and organizational issues.
2. The maslikhat (local representative body) is an elected body elected by the population of a region, city of republican significance and the capital or district (city of regional significance), expressing the will of the population and, in accordance with the legislation of the Republic of Kazakhstan, determining the measures necessary for its implementation, controlling their implementation. The maslikhat does not have the rights of a legal entity.
3. The activities of the maslikhat are regulated by the Constitution of the Republic of Kazakhstan, the Law and other regulatory legal acts of the Republic of Kazakhstan.
Chapter 2. The procedure for holding the Maslikhat session
4. The main form of activity of the maslikhat is a session at which issues related to its jurisdiction by the laws of the Republic of Kazakhstan are resolved.
A session of the maslikhat is valid if it is attended by at least two thirds of the total number of deputies of the Maslikhat. The session is held in the form of plenary sessions with the organization of an online broadcast on Internet resources, taking into account the technical capabilities of the maslikhat, with the exception of the cases specified in part five of this paragraph.
Upon the decision of the maslikhat, a break may be made in the session for a period established by the Maslikhat, but not exceeding fifteen calendar days. The duration of the session is determined by the maslikhat.
Before each meeting of the maslikhat, the registration of the deputies present is carried out, its results are announced by the chairman of the Maslikhat before the beginning of the meetings.
The maslikhat session is usually open. Closed sessions may be held by a decision of the maslikhat, adopted on the proposal of the chairman of the Maslikhat or one third of the number of deputies present at the maslikhat session, if a majority of the total number of deputies present voted in favor.
When declaring a state of emergency or eliminating emergencies and their consequences for the period of restrictive measures, including quarantine, the session may be conducted via video conferencing or other means of communication.
5. The first session of the newly elected maslikhat is convened by the chairman of the relevant territorial election commission no later than thirty days from the date of registration of deputies of the maslikhat in the presence of at least three quarters of the number of deputies determined for this maslikhat.
6. The Chairman of the relevant territorial election commission opens the first session of the maslikhat and conducts it until the election of the chairman of the maslikhat. The Chairman of the relevant territorial election commission invites deputies to nominate the chairman of the maslikhat from among the deputies, on which an open or secret ballot is being held. The candidate who receives the majority of votes from the total number of deputies is considered elected.
7. Maslikhat makes decisions by voting.
Voting is carried out:
1) using an electronic vote counting system, if available;
2) by raising your hand;
3) using ballots.
In the absence of the required number of deputies for voting, the chairman of the maslikhat or a person acting in his place shall take measures to ensure a quorum. If it is impossible to ensure a quorum, the chairman shall postpone the voting to the next meeting of the Maslikhat.
If errors are detected in the procedure and technique of voting, a repeat vote is held by decision of the maslikhat.
The results of voting on all issues are announced by the chairman of the maslikhat or a person replacing him, indicating the number of those who took part in the voting, voted "for", "against", abstained and the voting result. The data is entered into the minutes of the maslikhat meeting.
Cancellations, amendments and additions to previously adopted decisions of the maslikhat are carried out by the same vote as they were adopted.
8. The regular session of the maslikhat is convened by the decision of the chairman of the Maslikhat at least four times a year and is conducted by the chairman of the Maslikhat.
Regular sessions are planned by the maslikhat at the session.
9. An extraordinary session of the maslikhat is convened and conducted by the chairman of the Maslikhat on the proposal of at least one third of the number of deputies elected to this maslikhat, as well as at the request of the akim of the relevant territories.
An extraordinary session is convened no later than five working days from the date of the decision to hold an extraordinary session. The extraordinary session deals exclusively with the issues that served as the basis for its convening.
10. The chairman of the maslikhat notifies deputies, the population, and the akim about the time and place of the maslikhat session, as well as issues submitted for consideration by the session, by posting the specified information on the official Internet resource of the relevant maslikhat.
The information must be posted on the Internet resource of the relevant maslikhat no later than ten days before the session, and in the case of an extraordinary session, no later than three days in advance.
On issues submitted to the session, the chairman of the Maslikhat shall submit the necessary materials in paper or electronic form to the deputies and akim no later than five days before the session, and in the case of an extraordinary session, no later than three days in advance.
11. During the sessions, meetings of standing committees and other bodies of the Maslikhat, for the duration of the exercise of deputy powers and during the period of advanced training of deputies of the Maslikhat related to the exercise of deputy powers in accordance with the procedure established by the regulations, the deputy is relieved of his official duties with reimbursement from the local budget of the average salary at the place of his main job, but in size, not exceeding the salary of the chief of staff of the akim of the relevant administrative-territorial unit with up to one year of experience in this position, and travel expenses for the duration of sessions, meetings of standing committees and other maslikhat bodies, advanced training, taking into account travel time.
12. The agenda of the session is formed by the chairman of the Maslikhat on the basis of the work plan of the Maslikhat, issues submitted by permanent commissions and other bodies of the Maslikhat, the deputy faction, deputy groups and deputies, akim of the relevant territory.
Proposals to the agenda of the session may be submitted to the Chairman of the maslikhat by meetings of the local community and public associations.
The agenda of the session may be supplemented and amended during its discussion. The Maslikhat decides to approve the agenda of the session.
Voting on the agenda is conducted separately for each issue. An issue is considered to be included in the agenda if the majority of Maslikhat deputies voted for it.
13. For the high-quality preparation of issues submitted to the session, the chairman of the Maslikhat timely develops and approves an action plan for the preparation of the session in coordination with the akim of the relevant territory.
14. On issues related to the jurisdiction of the maslikhat, the chairmen of maslikhats of districts (cities of regional significance), deputies of the Parliament of the Republic of Kazakhstan, akims of regions, cities of republican significance and the capital, districts (cities of regional significance), the relevant territory, heads and other officials of organizations, information are invited to the sessions of the maslikhat of regions, cities of republican significance and the capital. the work of which is being considered at the session. Representatives of the mass media, government agencies and public associations are allowed to attend the sessions at the invitation of the Chairman of the maslikhat.
On issues related to the jurisdiction of the maslikhat, akims of the district (city of regional significance), cities of regional significance, villages, towns and rural districts, heads and other officials of organizations whose work is being considered at the session are invited to the session of the district (city of regional significance) maslikhat. Representatives of the mass media, government agencies and public associations are allowed to attend the sessions at the invitation of the Chairman of the maslikhat.
15. Special seats in the meeting room are reserved for persons invited to the Maslikhat meeting. Invited persons are not allowed to interfere in the work of the maslikhat session, to express approval or disapproval of the decisions of the maslikhat session.
In case of a gross violation of the order, the invited person may be removed from the meeting room by decision of the chairman of the Maslikhat or at the request of the majority of deputies present at the session.
16. Meetings of the maslikhat are held at a time determined by the Maslikhat.
The chairman of the maslikhat may declare a break on his own initiative or on the reasoned proposal of the deputies. At the end of the plenary session, time is set aside for deputies to make brief statements and reports, the debates on which are not open.
17. The time limits for speeches at Maslikhat meetings for reports, co-reports, speeches in debates and on points of order, discussion of candidates, voting, inquiries and questions are determined by Maslikhat. Speakers and co-rapporteurs are given time to answer questions. If the speaker has exceeded the allotted time, the chairman of the Maslikhat interrupts his speech or, with the consent of the majority of the deputies present at the meeting, extends the time for the speech.
A deputy of the Maslikhat may speak on the same issue no more than twice. Parliamentary inquiries, statements for explanations and answers to questions are not considered as speeches in debates. The transfer of the right to speak to another deputy is not allowed.
The debate is terminated by an open vote by a majority of the deputies present at the session. When raising the issue of ending the debate, the chairman of the maslikhat informs about the number of deputies who signed up and spoke, and finds out who insists on giving the floor.
18. The floor on a point of order is given to the deputy out of turn after the end of the previous speech. The Chairman of the maslikhat may give the floor out of turn for information, a deputy's request, an answer to a question and an explanation on the issue under discussion.
Questions to the speakers are submitted in written or oral form. Written questions are submitted to the chairman of the maslikhat and announced at a meeting of the Maslikhat.
Chapter 3. The procedure for the adoption of Maslikhat acts
19. The maslikhat makes decisions on issues within its competence by a majority vote of the total number of deputies of the Maslikhat, unless otherwise established by Law.
20. Draft decisions are submitted by the head of the Maslikhat staff to the Chairman of the Maslikhat.
The draft decisions adopted for consideration, with all necessary materials attached, are sent by the Chairman of the Maslikhat to the permanent commissions for consideration and preparation of proposals. At the same time, one of the permanent commissions at the level of maslikhats of regions, cities of republican significance and the capital may be tasked with preparing an opinion on the draft act of the maslikhat, a co-report for the session, and collecting and analyzing additional information.
The preparation of a draft decision on the budget of the relevant Territory is carried out in accordance with the procedure provided for in paragraph 29 of these Regulations.
Permanent commissions may establish working groups to work on draft decisions and prepare other issues. If necessary, deputies from another standing committee may be involved in the working group. Any deputy may participate in the work of the working group.
In cases stipulated by the legislation of the Republic of Kazakhstan, upon presentation of the relevant local executive body, the maslikhat makes a joint decision with it.
21. Regulatory legal decisions of the maslikhat are subject to state registration with the judicial authorities and publication in accordance with the procedure established by the legislation of the Republic of Kazakhstan, with the exception of cases provided for by law.
22. If there are disagreements between the permanent commissions involved in the preparation of the issue of the session, the chairmen of the commissions and the chairman of the Maslikhat, measures are taken to overcome them, and the remaining disagreements are brought to the attention of the deputies of the Maslikhat.
23. When considering an issue at the session, the main report of the commission (working group) or the deputy faction responsible for draft decisions, and, if necessary, the co-report of other commissions (working groups) or deputy factions participating in the consideration of the issue, are heard.
The report of the commission (working group) or the deputy faction responsible for the draft decisions indicates the proposals included in the draft decisions and rejected proposals, and explains the reasons for the adoption or rejection of amendments.
Permanent Commissions, individual members of the commission and working groups who disagree with the provisions of the co-report or the conclusions on draft decisions may express their views before the start of the general debate on the issue under consideration.
24. The draft decision is discussed point by point. Amendments to draft decisions are submitted in writing with clear wording of the proposed amendments or additions, indicating their place in the text of the draft decision. Amendments that do not meet these requirements will not be accepted for consideration.
Decisions of the maslikhat on procedural issues are taken by open vote by a majority vote of the deputies present at the meeting, on a protocol basis, without making a separate decision and are recorded in the minutes of the meeting.
Procedural issues are: the order of conduct of the meeting, the order of discussion of issues, termination of debate, limitation or extension of time for speeches, methods of voting, certification of the quorum and recount of votes, return to previously adopted decisions and (or) to conduct a repeat vote on the issues under consideration.
25. The Maslikhat session makes decisions on each item on the agenda. If several solutions are submitted on one issue, each of them is handed over to the deputies present at the session.
All submitted draft decisions are put to the vote. After adopting one of the drafts as a basis, the deputies begin the procedure for adopting amendments to it.
26. If there are amendments to the draft decision of the Maslikhat, voting is carried out in the following order::
1) the proposed (revised) draft decision of the Maslikhat is adopted as a basis, and if it is rejected, further voting on amendments is terminated.;
2) amendments that are not included in the draft adopted as a basis are put to the vote in turn.;
3) the decision of the session is put to the vote as a whole, taking into account the adopted amendments. Repeated voting on rejected draft decisions and amendments to them is not allowed at the current session.
27. Amendments are put to the vote separately, the sequence of which is determined by the chairman of the Maslikhat or a person acting in his place. Before voting on mutually exclusive amendments, the latter is read out by the Chairman. The authors of the amendments may speak with explanations of their essence or with a proposal to withdraw them from discussion.
Amendments to the decisions of the maslikhat are made in accordance with the procedure established for their adoption.
The minutes of the sessions are printed no later than one month after the session and stored in accordance with the procedure established by law.
28. Draft plans, programs for the socio-economic development of the territory, reports on their implementation, territorial management schemes and other issues submitted to the Maslikhat session, as well as draft decisions on them in Kazakh and Russian with explanatory notes and approval visas by affiliation, with the attachment of all necessary materials, are submitted to the Maslikhat no later than three weeks in advance. until the next session.
Draft decisions of local representative bodies providing for an increase in expenditures or a reduction in revenues of local budgets can be submitted to maslikhats only if there is a positive opinion of the akim.
29. The draft budget of the relevant territory is considered in the permanent commissions of the maslikhat. The maslikhat or the chairman of the Maslikhat create a temporary maslikhat commission to review the draft budget, which may include employees of the maslikhat's office, representatives of local executive bodies and akims of cities of regional significance, villages, towns, rural districts.
The Chairman of the maslikhat, within two working days from the date of receipt of the draft budget, sends an instruction to the relevant commissions indicating the necessary deadlines for preparing an opinion on the draft budget.
The permanent commissions, taking into account the opinion of the interim maslikhat commission, develop proposals on the draft budget of the relevant territory with appropriate justifications and calculations and send them to the relevant permanent commission, which carries out a set of proposals and prepares an opinion on the draft budget of the relevant territory.
The local authorized body for budget planning, no later than two weeks before the start of the session, submits to the Chairman of the Maslikhat the final version of the draft budget decision with all necessary materials attached.
The Chairman of the maslikhat, within two working days from the date of receipt of the draft budget, sends an instruction to the relevant commissions indicating the necessary deadlines for preparing an opinion on the draft budget.
The permanent commissions, taking into account the opinion of the interim maslikhat commission, develop proposals on the draft budget of the relevant territory with appropriate justifications and calculations and send them to the relevant permanent commission, which carries out a set of proposals and prepares an opinion on the draft budget of the relevant territory.
The local authorized body for budget planning, no later than two weeks before the start of the session, submits to the Chairman of the Maslikhat the final version of the draft budget decision with all necessary materials attached.
The regional budget, the budget of the city of republican significance, and the capital are approved at the session of the relevant maslikhat no later than two weeks after the signing by the President of the Republic of Kazakhstan of the law on the republican budget. The district (city of regional significance) budget is approved by the relevant maslikhat no later than two weeks after the signing of the decision of the regional maslikhat on the approval of the regional budget. Budgets of cities of regional significance, villages, towns, rural districts are approved by the maslikhat of the district (city of regional significance) until the end of the fiscal year from the date of signing the decision of the maslikhat of the district (city of regional significance) on approval of the district (city of regional significance) budget.
The budgets of cities of regional significance, villages, towns, and rural districts may be approved by separate decisions of the maslikhat of the district (city of regional significance).
30. When submitting unscheduled issues related to the clarification of the local budget for the relevant year to the regular session of the Maslikhat, materials are submitted within the time limits stipulated by budget legislation.
31. When clarifying the budget of the relevant territory at an extraordinary session of the maslikhat, work is carried out on reviewing the draft budget in permanent (temporary) commissions within two working days from the date of the decision to convene it.
Chapter 4. Procedure for hearing reports
32. The Maslikhat monitors the implementation of the local budget, economic and social programs for the development of territories by listening to reports from the akim of the relevant territory.
33. The hearing of the annual report of the akim of the relevant territory to the deputies at a meeting of the maslikhat begins with a brief introductory speech by the chairman of the Maslikhat or a person acting in his place on the agenda.
After the speech of the chairman of the maslikhat or the person replacing him, the floor is given to the akim of the relevant territory.
The akim's report should contain information on the socio-economic development of the relevant administrative-territorial unit over the past year, the achievement of key indicators of regional development programs, the tasks and main directions of further development of the region, the process of forming local budget projects in terms of setting priorities for the socio-economic development of the region.
After the report, the deputies have the right to ask questions and receive answers to them, to express their opinion.
The report of the akim (the person performing his duties) on the performance of the functions and tasks assigned to him and the draft decision on it are submitted to the Maslikhat for consideration three weeks before the relevant session.
34. At the end of the meeting, the chairman of the Maslikhat or a person acting in his place shall put the issue to the vote.:
1) approval of the report of the akim (the person performing his duties);
2) the rejection of the report and the need to re-hear it.
Repeated hearing of the report of the akim (the person performing his duties) is carried out no later than 10 working days from the date of rejection.
The finalized report of the akim (the person performing his duties) is submitted to the maslikhat no later than 5 working days from the date of rejection.
35. The grounds for consideration by the Maslikhat of the issue of expressing no confidence in the akim are:
1) double non-approval by the Maslikhat of the reports submitted by the akim on the implementation of plans, economic and social programs for the development of the territory, and the local budget;
2) initiation by a meeting of the local community of the issue of dismissal of the akim of a city of regional significance, village, settlement, rural district.
The initiation of the issue of dismissal of the akim of a city of regional significance, village, settlement, rural district is confirmed by the minutes of the meeting of the local community in accordance with article 39-3 of the Law.
36. The Maslikhat hears reports from the Chairman of the Maslikhat, the chairmen of the standing committees and other bodies of the Maslikhat.
The Chairman of the Maslikhat reports at least once a year at regular sessions of the Maslikhat on the work done to organize the activities of the Maslikhat, the progress of consideration of deputy requests and deputy appeals, appeals from voters and the measures taken on them, the interaction of the maslikhat with other local governments, the activities of the maslikhat staff.
The chairmen of the standing committees and other bodies of the Maslikhat report on the performance of their assigned functions and powers at least once a year at the regular sessions of the Maslikhat.
37. Reports of the audit commissions of regions, cities of republican significance, and the capital on budget execution are reviewed by the Maslikhat annually.
38. The maslikhat reports to the population at least once a year on the work done by the maslikhat and the activities of its permanent commissions.
39. The report of the maslikhat of the region, the city of republican significance, and the capital is presented to the population at least once a year at reporting meetings by a group of deputies headed by the chairman of the Maslikhat or a person acting in his place, or by the chairmen of standing committees.
The report of the maslikhat of a district (city of regional significance) is presented to the population at least once a year at meetings of the local community by a group of deputies headed by the chairman of the maslikhat or a person acting in his place, or by the chairmen of permanent commissions.
The hearing of the chairman of the maslikhat or a person acting in his place, or the chairman of the standing committees in front of the population begins with a brief introductory speech by the akim of the relevant territory on the agenda.
After the akim of the relevant territory, the floor is given to the chairman of the maslikhat or the person replacing him or the chairman of the standing committees.
After the report, the public has the right to ask questions and receive answers to them, express their opinions, which are recorded in the protocol.
The minutes of the reporting meetings are prepared by the chief of Staff of the Maslikhat and signed by the chairman of the Maslikhat or a person acting in his place, or the chairman of the standing committee.
Chapter 5. Procedure for consideration of parliamentary requests
40. A deputy of the maslikhat, on issues falling within the competence of the maslikhat, submits an official written request to the akim, chairman and member of the relevant territorial election commission, prosecutor and officials of territorial divisions of central state bodies, executive bodies funded from local budgets.
41. Deputy requests submitted before the beginning of the session are submitted to the chairman of the Maslikhat and are considered at its meeting when deciding whether to include them in the agenda of the session. A copy of the deputy's request is sent by the chairman of the maslikhat to the body or official to whom it is addressed, no later than two working days after its receipt. Deputy requests submitted during the session are submitted to the chairman of the meeting.
42. A deputy's request, which is not related to other issues to be considered at the session, is included in the agenda as an independent issue or is considered at the end of the session at a specially designated time. The Maslikhat determines the agenda of the session in such a way that it provides a reserve of time for dealing with parliamentary inquiries and questions. Deputy requests related to other issues to be resolved at the session are not included in the agenda and are announced by the chairman of the session before the debate on the relevant issue begins.
43. The Maslikhat may postpone consideration of the deputy's request to another session. Prior to the approval of the session's agenda, deputy requests may be withdrawn by the deputies who submitted them. After the approval of the agenda of the session, the withdrawal of a deputy's request from consideration is carried out by decision of the maslikhat. Deputy requests are attached to the minutes of the session.
44. The response to the deputy's request shall be submitted in writing, signed by the persons specified in paragraph 40 of these Regulations, or by the first head of the state body to which the deputy's request was sent, or by his deputy within one month.
The deputy is given the opportunity to express his opinion on the response to the deputy's request. Deputy requests addressed to the prosecutor cannot be related to the implementation of criminal prosecution.
Chapter 6. Officials, permanent commissions and other bodies of the Maslikhat, deputy associations of the Maslikhat
Paragraph 1. Chairman of the Maslikhat
45. At the first session of the Maslikhat, deputies nominate candidates for the position of chairman of the Maslikhat, who is an official who works on a permanent basis and is accountable to the Maslikhat.
The number of nominated candidates is not limited. Candidates present sample programs for their upcoming activities. A candidate is considered elected to the position of chairman of the maslikhat if, as a result of an open or secret ballot, he received a majority of votes from the total number of deputies of the maslikhat.
The number of nominated candidates is not limited. Candidates present sample programs for their upcoming activities. A candidate is considered elected to the position of chairman of the maslikhat if, as a result of an open or secret ballot, he received a majority of votes from the total number of deputies of the maslikhat.
If more than two candidates have been nominated for the position of chairman of the Maslikhat and none of them has received the required number of votes, a repeat vote is held on the two candidates who received the largest number of votes.
If none of these candidates wins more than half of the votes of the total number of deputies during the repeat vote, a repeat election is held.
The Chairman of the maslikhat is elected for the term of office of the maslikhat.
The Chairman of the Maslikhat exercises his powers in accordance with the Law and these Regulations.
46. In the absence of the chairman of the maslikhat of a district (city of regional significance), his powers are temporarily exercised by the chairman of one of the permanent commissions of the maslikhat or by a deputy of the Maslikhat, who is determined at a session of the maslikhat for the entire term of the next convocation.
47. The Chairman of the maslikhat shall have the casting vote if the votes of the deputies are equally divided during the voting at the Maslikhat session.
48. The Chairman of the maslikhat may not be a member of the permanent commissions of the Maslikhat. In case of early termination of the powers of the chairman of the maslikhat, the election of a new chairman is carried out in accordance with the procedure established by Law and these Regulations.
Paragraph 2. Permanent and temporary commissions of the Maslikhat
49. For the term of its powers, the maslikhat forms permanent commissions at the first session from among deputies for preliminary consideration and preparation of issues related to the jurisdiction of the Maslikhat, assistance in the implementation of its decisions, laws, and the exercise of functions within its competence. The members of the standing committees are elected by the Maslikhat by open vote from among the deputies.
The list, number and composition of each standing committee are put to the vote separately. Their numerical and personal composition is determined by the Maslikhat on the proposal of the Chairman of the Maslikhat.
The number of permanent commissions should not exceed seven.
Permanent commissions may form working groups.
50. The organization of the activities, functions and powers of the Standing Committees are determined by Law and these Regulations.
51. In order to prepare for consideration at sessions of certain issues referred to the jurisdiction of the Maslikhat, the maslikhat or the chairman of the Maslikhat may form temporary commissions. The composition, tasks, terms of office and rights of temporary commissions are determined by the maslikhat at their formation.
52. Permanent commissions may hold public hearings on their own initiative or by decision of the Maslikhat.
Public hearings are held to discuss the most important and socially significant issues within the competence of standing committees in the form of extended meetings of these commissions with the participation of deputies, representatives of executive bodies, local governments, organizations, the media, and citizens.
A working group of deputies is being created to hold public hearings. Specialists from other government agencies and organizations may be involved in the preparation of the hearings.
One month before the public hearings, the Standing Committee informs the public about the topic, date and time of the upcoming public hearings through the mass media.
The Permanent Commission invites representatives of interested government agencies, the public, and the media to public hearings. Maslikhat deputies from other permanent commissions may participate in public hearings.
At public hearings, after the speech of the deputy of the standing Committee, time is allocated for answering questions.
Suggestions and comments received as a result of the speech to the report of the deputy of the commission are recorded in the minutes of the public hearing.
The minutes of the public hearings are prepared by an employee of the Maslikhat's office and signed by the deputy who presided over the public hearings.
53. Meetings of standing committees are usually open, except in cases when the issues under consideration are classified as state or official secrets in accordance with the Law of the Republic of Kazakhstan "On State Secrets".
Meetings of standing committees are convened as necessary and are considered competent in the presence of more than half of the total number of their members.
The resolution of the Standing Committee is adopted by a majority vote of the total number of members of the commission.
The resolution of the standing Committee and the minutes of the meeting are signed by its chairman, and in the case of a joint meeting of several standing committees, by the chairmen of the respective commissions.
Paragraph 3. Chairman of the Maslikhat Standing Committee
54. The Chairman of the standing committee of the Maslikhat is elected from among the deputies by an open vote by a majority vote of the total number of deputies and dismissed from office by the Maslikhat at a session of the Maslikhat.
If more than two candidates have been nominated for the position of chairman of the Maslikhat standing committee and none of them has received the required number of votes, a repeat vote is held on the two candidates who received the largest number of votes.
If none of these candidates wins more than half of the votes of the total number of deputies during the repeat vote, a repeat election is held.
The Chairman of the Standing Committee shall have the casting vote if the votes of the deputies are equally divided during the voting at the meeting of the commission.
55. In the absence of the chairman of one of the permanent commissions of the Maslikhat, by decision of the chairman of the Maslikhat, his powers shall be temporarily exercised by the chairman of another permanent commission of the Maslikhat or by a deputy who is a member of this permanent commission of the Maslikhat, unless otherwise provided for in paragraph 60 of these Regulations.
56. The Chairman of the Standing Committee of the Maslikhat exercises his powers in accordance with the legislation of the Republic of Kazakhstan, these Regulations and the decision of the Maslikhat.
Paragraph 4. Chairman of the standing committee of the maslikhat of the region, the city of republican significance, the capital, who carries out his activities on an ongoing basis
57. The chairman of the permanent commission of the maslikhat of the region, the city of republican significance, the capital (hereinafter referred to as the chairman of the permanent commission, who works on a permanent basis) may be an official who works on a permanent basis.
The permanent Chairman of the Standing Committee is elected in accordance with paragraph 54 of these Regulations.
The Maslikhat of the region, the city of republican significance, and the capital at a session determines no more than two permanent commissions headed by permanent commission chairmen.
58. The Chairman of the standing committee, who works on a permanent basis, is elected for the term of office of the Maslikhat and cannot be elected more than twice in a row.
Permanent chairmen of standing committees may not be deputies who are members of the same political party.
59. Permanent Chairman of the Standing Committee:
1) directs the work of the Maslikhat Standing Committee;
2) ensures that appeals from citizens and organizations addressed to the permanent Commission between sessions are sent to interested bodies and organizations, and monitors their consideration;
3) provides meetings with the population, non-governmental organizations, government agencies and organizations, and the media to maintain the maslikhat's relationship with voters, systematically inform them about the maslikhat's activities, and respond to emergency and urgent issues;
4) participates in meetings of the standing committees of the Maslikhat, of which he is not a member, with the right of an advisory vote;
5) requests the opinions of other permanent commissions of the Maslikhat, state bodies and their officials, public associations, scientific institutions, and specialists on issues under its consideration;
6) considers the issues and proposals submitted by the deputies of the Maslikhat, makes decisions on them, organizes the execution of the decisions taken, and also monitors their implementation;
7) organizes the preparation of the meeting of the standing committee and issues submitted for its consideration, ensures the preparation of minutes and signs resolutions and other documents adopted at the meeting of the standing commission;
8) assist the deputies of the Maslikhat in the exercise of their powers, provide them with the necessary information on the activities of the standing committee;
9) supervises the consideration of deputy requests from the Standing Committee and deputy appeals received by the Standing Committee;
10) ensures the publication of resolutions of the Maslikhat Standing Committee on the Maslikhat's Internet resource, determines measures to monitor their implementation;
11) performs other functions and powers in accordance with the Law and these Regulations.
60. In the absence of the chairman of the maslikhat of the region, the city of republican significance and the capital, his powers are temporarily exercised by the chairman of one of the permanent commissions, who works on a permanent basis, who is determined at the session of the maslikhat for the entire term of the next convocation.
The chairman of the permanent commission, who works on a permanent basis, during the temporary exercise of the powers of the chairman of the maslikhat of the region, the city of republican significance and the capital, does not have the right to a decisive vote if the permanent commission, of which he is the chairman, was responsible for considering the issue.
In the absence of the chairman of one of the permanent commissions, who works on a permanent basis, his powers are temporarily exercised by another chairman of the permanent commission, who works on a permanent basis, or by a decision of the chairman of the maslikhat by a deputy who is a member of this permanent commission of the Maslikhat.
Paragraph 5. Accounting commission of maslikhat
61. The maslikhat or the chairman of the Maslikhat has the right to form temporary commissions, including the counting commission. The composition, tasks and terms of office of the counting commission are determined by the maslikhat.
The Maslikhat elects an odd number of members of the counting commission by open voting from among the deputies.
The maslikhat has the right to include employees of the Maslikhat's office, government agencies and other organizations in the composition of this commission.
62. When conducting an open vote, the counting commission organizes the voting process and summarizing its results.
The Counting Commission elects the chairman and secretary of the commission from among its members, and its decisions are taken by a majority vote in an open vote.
Before the start of the open voting, the chairman of the maslikhat indicates the number of proposals to be put to the vote, reads out their formulations.
63. A secret ballot may be held to elect the chairman of the maslikhat. By decision of the Chairman of the Maslikhat, secret voting may be held on other issues.
The time and place of the secret ballot and the procedure for its conduct shall be established by the counting commission and announced by the Chairman of the counting commission.
Ballots are issued immediately before voting, they are produced under the supervision of the counting commission in accordance with the form established by it in an amount equal to the number of deputies present at the meeting, and signed by the chairman of the counting commission.
Each deputy is given one ballot signed by the chairman of the counting commission. The total number of ballots should not exceed the number of registered members of the maslikhat.
Ballots for secret voting are issued to deputies of the maslikhat upon presentation of their deputy's certificate.
Ballots of unknown form are not counted.
Ballots of an unspecified form are considered invalid, and when electing officials, ballots containing more than one candidate for one position are also considered invalid. The names added to the ballot are not taken into account when counting votes. Ballots in which more than one draft decision is marked are considered invalid.
Blank ballots and ballots in which the surnames of all candidates are not marked are considered valid, but are not taken into account when counting votes.
The ballot box must be opened by the counting commission after the end of voting. It is prohibited to open the ballot box until the end of voting.
The counting commission draws up a protocol on the results of the secret ballot, which is signed by all members of the counting commission.
If errors are detected in the procedure and technique of voting, a repeat vote is held by decision of the maslikhat.
A deputy of the maslikhat who was absent during the voting is not entitled to vote later.
Paragraph 6. Deputy associations in maslikhats
64. Deputies of the Maslikhat may create deputy associations in the form of factions of political parties and other public associations, deputy groups. The chairman of the maslikhat may not be a member of parliamentary associations. A deputy has the right to be a member of only one parliamentary faction.
65. Registration of parliamentary factions and groups is carried out at the Maslikhat session, is carried out by an appearance procedure and is purely informational in nature.
66. Members of parliamentary associations may:
1) to make comments and suggestions on the agenda of the Maslikhat, the order of consideration and the substance of the issues under discussion;
2) express opinions on the candidacies of officials who are elected or appointed by the Maslikhat;
3) propose amendments to draft decisions of the Maslikhat;
4) request materials and documents necessary for the activities of the deputy association.
67. In its activities, the faction of a political party interacts with the governing bodies of the political party, participates in the work of the public reception of the political party, and unites at least three deputies of the maslikhat. The composition of the deputy group consists of at least five deputies of the Maslikhat.
Chapter 7. Rules of parliamentary ethics
68. Maslikhat deputies:
1) must treat each other and all other persons participating in the sessions of the Maslikhat, commissions of the Maslikhat and its working bodies with respect.;
2) they should not use unfounded accusations, rude, insulting expressions in their speeches that damage the honor and dignity of Maslikhat deputies and other persons.;
3) they should not call for illegal and violent actions;
4) they should not interfere with the normal work of the maslikhat, permanent commissions and other bodies of the Maslikhat;
5) they should not interrupt the speakers.
69. Speaking in the media during public events, commenting on the activities of government agencies, officials and citizens, a deputy should use only reliable, verified facts.
70. A deputy should not use for personal purposes the advantage of his parliamentary status in relations with government agencies and organizations, the media.
71. A deputy of the Maslikhat may not disclose information that became known to him during the exercise of his parliamentary powers, if this information relates to issues considered at closed meetings of sessions, standing committees of the Maslikhat and other bodies of the maslikhat.
72. A deputy of the maslikhat who does not have special powers to represent the maslikhat may enter into relations with state bodies and organizations only on his own behalf.
73. Penalties in the form of censure and (or) compulsion to make a public apology may be imposed on a deputy of the maslikhat for non-fulfillment and (or) improper fulfillment of his duties provided for in paragraph 2 of Article 21 of the Law, as well as for violation of the rules of parliamentary ethics established by the maslikhat regulations.
Chapter 8. Professional development of Maslikhat deputies
74. Deputies of maslikhats undergo advanced training. The frequency of professional development of maslikhat deputies is once every five years during the first two years of the elected deputy's term.
75. Deputies of the Maslikhat are sent for advanced training in the organization of education under the President of the Republic of Kazakhstan and their branches.
76. The duration of the professional development of the maslikhats of the deputy is at least 40 academic hours.
77. Deputies who have successfully completed advanced training are issued a certificate confirming the completion of advanced training, in paper or electronic form.
78. The Maslikhat staff plans expenses for professional development of Maslikhat deputies in accordance with the budget legislation of the Republic of Kazakhstan.
Chapter 9. Organization of the Maslikhat staff
79. An office of the maslikhat is being formed to provide information and analytical, organizational, legal, and logistical support for the activities of the maslikhat and its bodies, and to assist deputies in exercising their powers.
The maslikhat's office is a state institution maintained at the expense of the local budget.
The regulations on the maslikhat staff are approved by the Maslikhat.
80. The Maslikhat approves the structure of the Maslikhat's office, determines the costs of its maintenance and logistical support within the limits of the number and allocated funds established by the legislation of the Republic of Kazakhstan.
81. The activities of civil servants of the Maslikhat apparatus are carried out in accordance with the legislation of the Republic of Kazakhstan.
With the expiration of the term of office of the maslikhat, in cases of early termination of the powers of the maslikhat and the election of a new composition of its deputies, the activities of civil servants of the maslikhat apparatus do not cease.
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