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Provision

Provision about Department of the Agency for public service of the Republic of Kazakhstan across the Kostanay region

1. General provisions

1. The department of the Agency for public service of the Republic of Kazakhstan across the Kostanay region (further – Department) is territorial authority of the Agency on the affairs of public service of the Republic of Kazakhstan (further – the Agency) which are carrying out within the established competence regulatory, realizable and control functions in spheres of public service, control of quality of rendering public services and preventions of corruption.

2. The department carries out the activity according to the Constitution and laws of the Republic of Kazakhstan, acts of the President and the Government, other regulations of the Republic of Kazakhstan and also the present Provision.

3. The department is legal entity in legal form of public institution, has the press and stamps with the name in a state language, forms of the established sample and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The department concerning the competence of the order established by the legislation makes the decisions which are made out by orders of the Head of Department.

7. The structure and a limit of the number of staff of Department are approved according to the current legislation of the Republic of Kazakhstan.

8. Legal address of Department: 110007, Kostanay region, city of Kostanay, Kasymkhanov, 34.

9. Full name of Department – republican public institution "Department of the Agency for public service of the Republic of Kazakhstan across the Kostanay region".

10. The present Provision is the constituent document of Department.

11. Financing of activity of Department is carried out from the republican budget.

12. The department is forbidden to enter the contractual relations with subjects of business regarding performance of the duties which are functions of Department. If the Department by acts has been granted the right to carry out the activity bringing income, then income gained from such activity go to income of the state budget.

2. Main objectives, functions, rights and obligations of Department

13. Tasks:

1) realization within the corresponding administrative and territorial unit of state policy in spheres of public service, control of quality of rendering public services and preventions of corruption;

2) coordination of activity of territorial divisions of the central public authorities, the executive bodies financed from local budgets (further – public authorities), the organizations in questions of compliance with the law of public service, preventions of corruption and also quality of rendering public services;

3) formation of anti-corruption culture and system of prevention of corruption and also minimization of the reasons and conditions of emergence of corruption offenses.

14. Functions of Department:

1) participation in realization of strategy and programs in the sphere of public service;

2) development of suggestions for improvement of the regulatory legal base in the sphere of public service and anti-corruption;

3) consultation of public servants on the questions entering competence of Department;

4) implementation in public authorities of assessment of effective management of personnel and qualities of rendering public services, except for the public services rendered in an electronic form;

5) participation in implementation research, educational, publishing in the order established by the legislation of the Republic of Kazakhstan;

6) interaction with other public authorities concerning public service;

7) implementation of regulatory, realizable and control and supervising functions within competence.

15. Functions of Department in the sphere of public service:

1) development of suggestions for improvement of system of compensation, social legal protection of public servants;

2) guiding of condition monitoring of personnel composition of political and administrative public servants and also political and administrative state positions of public service, including the general coordination on formation of the uniform automated database (information system) on a staff of public service;

3) coordination of activities of public authorities concerning preparation, retrainings and professional development of administrative public servants, including abroad;

4) coordination of formation and placement of the state order on preparation, retraining and professional development of public servants;

5) implementation of monitoring of passing of public service by the persons who finished training in programs of preparation, retraining and professional development of public servants based on the state order;

6) the organization of testing of administrative public servants, candidates for an occupation of the administrative state positions and citizens arriving on law-enforcement service according to the legislation of the Republic of Kazakhstan;

7) coordination of holding the general competition for an occupation of the vacant and (or) temporarily vacant administrative state post of the casing "B" which is not local in territorial subdividing of the central public authority or its department, or the executive body financed from the local budget;

8) evaluating personal qualities of citizens with output of the inference;

9) an involvement in formation of a personnel pool of administrative public service of the casing "A";

10) coordination of the qualification requirements to administrative state positions of the casing "B" developed by territorial subdividings of public authorities, assignments to administrative state positions of the casing "B" regarding compliance of the candidate to the imposed qualification requirements, dismissals of the administrative public servants who did not pass a trial period;

11) coordination of activities of public authorities for holding training of administrative public servants;

12) reviewing of complaints of natural and legal entities to actions (inactivity) and the decision of public authorities or officials on violation of the law of the Republic of Kazakhstan in the sphere of public service and also observance of the official ethics;

13) implementation of the state monitoring over compliance with the law of the Republic of Kazakhstan in the sphere of public service public authorities and also the official ethics public servants;

14) reviewing of disciplinary cases against public servants according to the legislation of the Republic of Kazakhstan;

15) coordination of early removal of disciplinary punishments from administrative public servants for commission of the minor offenses discrediting public service;

16) coordination of work of the disciplinary commissions of public authorities on consideration of disciplinary affairs of administrative public servants;

17) coordination and methodological ensuring activity of the representative for ethics;

18) coordination and implementation of the methodological management of activity of services of human resource management (HR departments);

19) introduction of offers to officials and public authorities about cancellation of their decisions made with violation of the law

in the sphere of public service and other regulations of the Republic of Kazakhstan;

20) introduction to public authorities within the competence of ideas of elimination of the violations, obligatory to consideration, revealed by results of check concerning public service.

16. Functions of Department in the sphere of anti-corruption:

1) identification of the reasons and conditions promoting commission of corruption offenses in activity of public authorities, organizations and subjects of the quasi-public sector;

2) the interaction with institutes of civil society and public authorities referred on minimization of level of corruption in a perception of society;

3) submitting for examination to principals of public authorities of references on minimization and elimination of the reasons and conditions of emergence of corruption in activity of public authorities, organizations and subjects of the quasi-public sector;

4) exercise of the external analysis of corruption risks;

5) monitoring of execution by public authorities, organizations, subjects of the quasi-public sector of references on elimination of disturbances of the reasons and conditions promoting commission of the corruption offenses which are taken out by results of the external analysis of corruption risks;

6) participation in improvement of system of the reporting and assessment of activity with a priority of questions of prophylaxis of crime, protection of constitutional rights and freedoms of citizens, the interests of society and state, trust from the population, with definition of mechanisms of the external assessment given by representative bodies and the public with introduction of rating assessment of level of corruption and also establishment of various forms of cooperation with institutes of civil society;

7) participation in implementation of educational programs for questions of anti-corruption, rising of knowledge of the population of risks of corruption;

8) participation in work on improvement of educational programs in the sphere of formation of anti-corruption culture;

9) entering of offers into the Ministry of the draft of the annual National report to the President of the Republic of Kazakhstan about anti-corruption;

10) studying and diffusion of positive experience of anti-corruption;

11) assistance and rendering the methodical help to subjects of anti-corruption in implementation of educational programs for anti-corruption education and education, information and explanatory activities, execution of the state social order referred on formation of anti-corruption culture.

18. Rights of Department:

1) to request and receive from public authorities, the organizations, officials necessary information and materials in the order established by the legislation of the Republic of Kazakhstan;

2) to carry out inspections concerning public service, in coordination with public authorities to involve in conducting checks of their workers;

3) to bring to public authorities within the competence ideas of elimination of the violations, obligatory to consideration, revealed by results of check concerning public service according to the legislation of the Republic of Kazakhstan;

4) to make offers on production of audits, tax and other audits, audit and assessment from authorized bodies and officials in the cases provided by the legislation of the Republic of Kazakhstan;

5) to use the information systems providing the decision assigned to Department and its structural divisions of tasks;

6) concerning prevention of corruption offenses to interact with Department of National bureau on anti-corruption across the Kostanay region;

7) to interact with other public authorities, the organizations for the main activities of Department;

To carry out other powers provided by the legislation of the Republic of Kazakhstan.

19. Obligations of Department:

1) in case of identification of violation of the law of the Republic of Kazakhstan about public service to take measures in the order established by the legislation of the Republic of Kazakhstan;

2) to take part in development of regulations on the questions concerning activity of Department;

3) to carry out other powers provided by the legislation of the Republic of Kazakhstan.

3. Organization of activity of Department

20. The department is headed by the Head who bears personal responsibility for performance of the tasks assigned to Department and implementation of the functions by him.

21. The Head of Department is appointed to a position and dismissed by the Responsible secretary of the Ministry in coordination with the Minister.

22. The Head of Department has deputies (including the manager of the Secretariat of council for ethics) who are appointed to a position and are dismissed according to the legislation of the Republic of Kazakhstan.

23. Powers of the Head of Department:

1) will organize and performs management of Department, controls behind activity of structural divisions of Department;

2) defines powers of employees of Department and heads of structural divisions of Department;

3) within the powers issues orders and instructs, obligatory for execution by employees of Department, his structural divisions;

4) in the order established by the legislation of the Republic of Kazakhstan appoints to positions and dismisses employees of Department, resolves issues of encouragement, rendering financial support and imposes disciplinary punishments;

5) submits for consideration of the Ministry of idea of rewarding of employees of Department, his structural divisions with the state awards and assignment of honorary titles of the Republic of Kazakhstan by him;

6) represents Department in the relations with public authorities and other organizations according to the legislation;

7) makes decisions on other questions referred to his competence. Execution of powers of the Head of Department in the period of his absence is carried out by the person replacing him according to the current legislation.

24. The Head of Department defines powers of the deputies according to the current legislation.

25. The Head of Department has the right to form advisory advisory bodies at Department.

4. Property of Department

26. The department can have on the right of operational management the isolated property in the cases provided by the legislation of the Republic of Kazakhstan.

The property of Department is formed at the expense of the property transferred by the state and also the property (including monetary income) acquired as a result of own activity, other sources which aren't forbidden by the legislation of the Republic of Kazakhstan.

27. The property assigned to Department belongs to republican property.

28. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means given him according to the plan of financing if other isn't established by the legislation of the Republic of Kazakhstan.

5. Reorganization and abolition of Department

29. Reorganization and abolition of Department are carried out according to the legislation of the Republic of Kazakhstan.

 

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