PROVISION

on the Secretariat of the Chairman of the Constitutional Council of the Republic of Kazakhstan

 

1. General provisions

 

  1. The Secretariat of the Chairman of the Constitutional Council of the Republic of Kazakhstan (next – the Secretariat) is a structural subdivision of the Staff of the Constitutional Council of the Republic of Kazakhstan (next – the Staff).
  2.  The Secretariat shall be guided in its activity by the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "On the Constitutional Council of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On public service of the Republic of Kazakhstan", the Regulations of the Constitutional Council of the Republic of Kazakhstan and other regulatory legal acts and also this Provision.
  3. The structure and staffing of the Secretariat shall be approved by The Chairman of the Constitutional Council of the Republic of Kazakhstan (next – the Chairman) in the manner prescribed by the legislation of the Republic of Kazakhstan.

                        

2.  The main task, functions, rights and duties of the Secretariat

 

4. Main task: organizational and informational support of the Chairman's activity.

5. Functions:

1) ensuring the implementation of the powers of the Chairman;

2) providing the Chairman with analytical, informational, reference and other materials necessary for the performance of his/her functions;

3) consideration of documents for signature by the Chairman;

4) control over the quality of preparation, correctness of drawing up, approval and approval of documents submitted for signature to the Chairman;

5) control over the execution of orders, instructions and orders of the Chairman on matters within the competence of the Secretariat;

  1. planning and organization of business trips and business trips of the Chairman;
  2. organization of reception of visitors by the Chairman;
  3. organization of the work of other day-to-day activities of the Chairman.

6. Rights and duties of the Secretariat:

1) to participate, within the limits of their authority, in the discussion and decision-making on the issues under consideration;

2) to request from structural subdivisions of the Staff documents and data necessary for accomplishment of the duties;

3) to request in the manner prescribed by law from state bodies, organizations and their officials the necessary information and materials;

4) to refuse in sight of drafts of legal acts and other documents in case of discrepancy to their current legislation;

5) in the limits of its competence to carry out other actions, necessary to perform the tasks provided in the Regulation;

6) The Secretariat is obliged to carry out its tasks through the effective and efficient performance of its functions.

 

  1. Organization of the Secretariat's activity

 

7. The Secretariat has the powers necessary for the implementation of its main tasks and functions, in accordance with legislative acts, acts of the President of the Republic of Kazakhstan, other normative legal acts of the Republic of Kazakhstan.

8. The Secretariat is headed by the Head of the Secretariat, appointed and dismissed by the Chairman in accordance with the legislation of the Republic of Kazakhstan.

  1. The head of the Secretariat provides overall direction to the Secretariat and is personally responsible for the tasks assigned to the Secretariat and the performance of its functions.

10. The Head of the Secretariat shall submit to the Chief of Staff proposals on the structure and staffing of the Secretariat.

  1. to this end, the head of the Secretariat:
  1. define the duties and powers of the Secretariat staff;
  2. submits to the chief of Staff For approval the regulations on the Secretariat, annual and quarterly work plans of the Secretariat;
  3. exercises other powers in accordance with the laws and acts of the President of the Republic of Kazakhstan.
  1. Documents sent on behalf of the Secretariat to other structural units on matters within the competence of the Secretariat shall be signed by the head of the Secretariat.

 

 

 

PROVISION

on the Department of legal support and international cooperation of the Staff of the Constitutional Council of the Republic of Kazakhstan

 

1. General provisions

 

1. The Department of legal support and international cooperation (next – the Department) is a structural subdivision of the Staff of the Constitutional Council of the Republic of Kazakhstan (next- the Staff).

2. Department in its activity follows the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About the Constitutional Council of the Republic of Kazakhstan", acts of the President and the Government of the Republic of Kazakhstan, Regulation of the Constitutional Council of the Republic of Kazakhstan, the Provision on the Staff of the Constitutional Council of the Republic of Kazakhstan, the present Provision and other normative legal acts.

4. The structure and staffing of the Department shall be approved by The Chairman of the Constitutional Council of the Republic of Kazakhstan (next – the Chairman) in the manner prescribed by the legislation of the Republic of Kazakhstan.

5. The structure of the department consists of two sectors:

  1. The sector of constitutional proceedings and expertise;
  2. The sector of international cooperation and information support.

 

        2.  The main task, functions, rights and duties of the Department

     

      2.1 The sector of constitutional proceedings and expertise

 

               5. Objective:

               Legal and advisory work to support the activities of the Constitutional Council and its Staff.

 

               Functions:

1) implementation legal analysis of normative legal acts and international treaties, their projects with the preparation of the relevant conclusion;

2) on behalf of the Chairman and (or) the Chief of Staff participates in the meetings of the working groups of the state bodies on the development and (or) discussion of draft regulatory legal acts;

3) represents in the prescribed manner the interests of the Staff in Court, as well as in other organizations when considering legal issues of the Staff;

4) provides legal support for the activities of the Constitutional Council of public procurement and verification for compliance with the legislation of the draft civil law contracts maded by the Constitutional Council;

5) participates in the development of draft legal acts, contracts, procedural documents, as well as other documents of a legal nature, developed by the Staff, including through coordination in the case of their development by other structural subdivision of the Staff;

6) perform other instructions of the Chairman and (or) the Chief of Staff having legal character.

 

6. Objective:

Participation on behalf of The Chairman and member of the Constitutional Council – rapporteur in the preparation and conduct of constitutional proceedings.

Functions:

1) on behalf of The Chairman and (or) member of the Constitutional Council – Rapporteur prepares draft resolutions, orders and other acts;

2) prepares draft documents relating to the competence of members of the Constitutional Council-rapporteurs on appeals;

3) to forms information and reference material on appeals, generalizes foreign practice of constitutional control on the issues that are the subject of constitutional proceedings;

4) on behalf of the Chairman prepares draft comments on the final decisions of the Constitutional Council;

5) performs other instructions of the Chairman and (or) the Chief of Staff.

 

7. Objective:

Participation in the preparation of the draft message of the Constitutional Council on the state of constitutional legality in the Republic.

 

Functions:

1) on behalf of the Chairman prepares relevant information for the draft message of the Constitutional Council on the state of constitutional legality in the Republic;

2) prepares information on measures on implementation of normative resolutions of the Constitutional Council of the Republic and messages of the Constitutional Council of the Republic on the state of constitutional legality in the country for the meeting of the Council on legal policy under the President of the Republic of Kazakhstan;

3) performs other instructions of the Chairman and (or) the Chief of Staff.

 

 

 

 

2.2 The sector of international cooperation and information support

 

8. Objective:

Propaganda of the Constitution of the Republic of Kazakhstan and the principles of modern constitutionalism.

Functions:

1) covers the activities of the Сonstitutional Council in the media, on the Internet resource of the constitutional Council;

2) organizes meetings of the Chairman and members of the Constitutional Council, as well as the Chief of Staff with the media;

3) participates in the work of conferences, round tables and other events related to the activities of the Constitutional Council on behalf of the Chairman and the Chief of Staff;

4) carries out communication with the central state bodies of the Republic of Kazakhstan, higher educational institutions, non-governmental organizations and the media;

5) performs other instructions of the Chairman and (or) the Chief of Staff.

 

9. Objective:

Information support of the Constitutional Council of the Republic of Kazakhstan.

 

Functions:

1) participates in preparation of draft speeches, reports of the Chairman and members of the Constitutional Council;

2) publish information materials and ensure the functioning of the Internet resource of the Constitutional Council;

3) prepares for publication of periodical issues of the «Bulletin of the Constitutional Council of the Republic of Kazakhstan»;

4) organizes replenishment of the information fund of the Constitutional Council by subscription to the periodical press, acquisition of scientific, reference and other literature, provides library services to the Staff of the Constitutional Council;

5) performs other instructions of the Chairman and (or) the Chief of Staff.

 

10. Objective:

Implementation of the functions of international cooperation of the Constitutional Council.

 

Functions:

1) organizes interaction of the Constitutional Council with international and regional human rights organizations, bodies of constitutional control, legal structures, research institutions and legal scholars of foreign countries;

2) prepares draft agreements (memorandums) on cooperation with the bodies of constitutional control of foreign states and other organizations;

3) organizes meetings of the Chairman, members of the Constitutional Council, as well as the Chief of Staff with foreign delegations;

4) organizes the execution of travel documents for foreign business trips of the Chairman, members of the Constitutional Council, as well as Staff;

5) performs other instructions of the Chairman and (or) the Chief of Staff.

        

         11. Rights and obligations of Department

         1) to participate, within the limits of his/her authority, in the discussion on the matters under consideration and making decisions;

         2) request from structural subdivision of the office documents and data necessary for accomplishment of the duties;

         3) to request necessary information and materials from state bodies, organizations and their officials in the manner prescribed by law;

         4) refuse to see documents in case of non-compliance with the current legislation;

         5) within the limits of the competence to perform other actions necessary for accomplishment of the tasks provided by this Provision;

         6) the Department is obliged to fulfill its objectives through effective and efficient performance of its functions.

 

3. Organization of the Department

 

         12. The Department has the powers necessary for the implementation of its main tasks and functions, in accordance with legislative acts, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

         13. The Department is headed by the Head of the Department, appointed to the position and dismissed from office in accordance with the legislation of the Republic of Kazakhstan.

         14. The Head of the Department has a Deputy.

         15. Head of Department carries out overall management activities of the Department and bears personal responsibility for implementation is vested in the Department of tasks and the exercise of its functions.

         16. The Head of the Department presents to the Chief of Staff proposals on the structure and staffing of the Department.

         17. to this end, the Head of the Department:

         1) determine the duties and powers of his Deputy;

         2) determine the duties and powers of employees of the Department;

         3) submit to the Chief of Staff for approval the Provision on the Department, work plans of the Department;

         4) exercises other powers in accordance with the laws and acts of the President of the Republic of Kazakhstan.

         18. Deputy Head of Department:

         1) coordinates the activities of the sector within its powers;

         2) in the absence of the Head of Department carries out the general management of activity of Department and bears personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by It;

         3) submit to Head of the Department on the projects of Provision on the Department, work plan the Department and the report on its implementation (annual, quarterly), the qualification requirement and job descriptions of employees of the Department.

         19. The documents sent on behalf of Department to other structural subdivision on the issues entering competence of Department are signed by the Head of Department, and in case of absence – the Deputy Head of Department.

 

 

 

PROVISION

on the Organizational department of the Staff of the

Constitutional Council of the Republic of Kazakhstan

 

1. General provisions

 

1. Organizational Department (next – the Department) is a structural subdivision of the Staff of the Constitutional Council of the Republic of Kazakhstan (next- the Staff).

2. The Department is organizationally independent from other structural subdivisions of the Staff and is directly responsible to the Chief of the Staff.

3. The Department shall be guided in its activity by the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "On the Constitutional Council of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On public service of the Republic of Kazakhstan", the Regulations of the Constitutional Council of the Republic of Kazakhstan and other regulatory legal acts and also this Provision.

4. The structure and staffing of the Department shall be approved by The Chairman of the Constitutional Council of the Republic of Kazakhstan (next – the Chairman) in the manner prescribed by the legislation of the Republic of Kazakhstan.

5. The structure of the department consists of two sectors:

  1. the sector of personnel management and documentation support;
  2. financial and economic sector.

 

        2.  The main task, functions, rights and duties of the Department

     

      2.1 The sector of personnel management and documentation support

 

6. Objective: formation of an integrated personnel management system

Functions:

1) development and implementation of the strategy of personnel management;

2) analysis and planning of the Staff needs, including specialties and qualifications;

3) formation of personnel staff And organization of competitive selection;

4) personnel monitoring and management of personnel records, including in a common automated database (information system) on civil service personnel.

7. Objective: providing public service within a holistic system of personnel management.

Functions:

  1. organization of the swearing-in ceremony by political and administrative civil servants;
  2. organization of professional adaptation and mentoring in the Staff;
  3. ensuring professional development of personnel of the Staff, including through internships, training, retraining, advanced training of civil servants in accordance with the current legislation;
  4. organization and provision of activity competition, certification, disciplinary and other commissions on personnel issues;
  5. ensuring compliance with the procedures for entering the civil service, passing and terminating the civil service, conducting official investigations, evaluating the activities of administrative civil servants, attestation and training, including in a single automated database (information system) for civil service personnel;
  6. organization of personnel selection, registration of documents related to the passage of civil servants of the civil service, accounting of personal data of civil servants;
  7. organization of the assessment of administrative civil servants;
  8. maintaining military records;
  9. keeping records of sick leave on temporary disability;
  10. organization of production, issue and accounting of service certificates;
  11. implementation of other functions of issues on personnel management and passing the public service in accordance with the current legislation of the Republic of Kazakhstan.

 

8. Objective: formation of corporate culture and development of favorable social and psychological labor climate.

Functions:

  1. provision to enforcement of labour legislation and the legislation on public service;
  2. ensuring compliance with the regime and working conditions, as well as restrictions related to staying in the public service;
  3. ensuring social and legal protection of civil servants, making proposals to the Chief of Staff on their promotion and motivation.

 

9. Objective: organization, control and implementation of documentation and document management processes.

      Functions:

  1. ensuring the uniform order of documenting, the organization of work with documents, including by means of information system "common  system of electronic document flow" (next – CSED) and the Intranet portal of public authorities (next – IPPA);
  2. development of draft Rules on records management and other regulatory and methodological documents on documentation and documentation management, monitoring of compliance with the Rules in the structural subdivision of the Staff;
  3. providing methodological and practical assistance to the structural subdivision on documentation, work in CSED and IPPA;
  4. primary registration of incoming official correspondence, including with the restrictive mark "for official use", appeals of individuals and legal entities;
  5. the subsequent systematization and distribution of incoming correspondence in the structural subdivision;
  6. recording, classifying, timely sending outgoing mail;
  7. sending appeals of individuals and legal entities to the relevant state bodies on the competence and giving answers of explanatory nature;
  8. taking into account the orders of the Chairman of the Constitutional Council and the Chief of Staff;
  9. provision of manufacture, accounting, storage, issuance and destruction of identification cards, letterheads, seals and stamps of the Staff;
  10. formation and maintenance of departmental archive;
  11. maintenance of confidential documentation.

 

10. Objective: provide information security.

Functions:

  1. detection and prevention facts of software leakage, transmission of information constituting state or official secret;
  2. control and enforcement of intra-object and throughput mode;
  3. organization of production, timely replacement, issue and accounting of electronic digital signatures for work in CSED.

 

2.2. Financial and economic sector

 

         11. Objective: Formation of budget expenditures for the upcoming three-year period, the formation of the financing plan and amendments thereto, preparation of information on the progress of allocated budget funds.

         Functions:

         1) determination of the directions of budget expenditures in accordance with budget programs;

         2) ensuring timely submission of draft budget programs to the Central authorized body for state planning, as well as changes in them;

         3) preparation of the budget request for the forthcoming three-year period and its timely submission to the Central authorized body for budget planning;

         4) insertion of data in database HYPERION PLANNING (Oracle), "the Formation and refinement of the plan of financing", E-Ministry of Finance;

         5) timely submission of draft financing plans of administrator of the budget program  to the authorized body for budget execution;

         6) submission for approval of financing plans for obligations and payments of the administrator of budget programs, individual financing plans of the state institution for obligations and payments, as well as amendments thereto;

         7) formation and submission for approval of staff schedules of the constitutional Council and its Staff for the financial year, as well as changes in them;

         8) collection of operational monthly, quarterly and annual information on the development of the national budget and the provision of information to the authorized body on budget execution within the established deadlines;

         9) preparation and submission to the Central authorized body on budget execution of the Annual report on execution of the Republican budget for the relevant financial year.

        

         12. Objective: organization of accounting and reporting in the expenditure of budget funds.

         Functions:

         1) accounting in accordance with the rules of accounting in public institutions;

         2) implementation of preliminary control of timely and correct registration of documents and legality of the performed transactions;

         3) ensuring the safety of accounting documents and financial statements in accordance with current legislation;

         4) 4) briefing of financially responsible persons on accounting and safety of the values which are on responsible storage;

         5) ensuring control over the effective use of material and financial resources, the safety of state property;

         6) ensuring adherence to timelines of inventory assets, intangible assets, cash, inventory;

         7) control of acceptance of obligations for specifics of economic classification of expenses within the amounts approved by individual financing plans for obligations for the current financial year;

         8) ensuring the correct use of the wage fund;

         9) calculation and payment in time of wages, travel expenses and other payments to the Constitutional Council and the Staff;

         10) ensuring correct calculation and timely transfer of payments to the budget;

         11) preparation and submission of quarterly and annual budget, financial, tax, statistical and other reports in a timely manner;

         12) maintain communications with the authorized body on state property in terms of reconciliation, disposal or redistribution of state property;

         13) formation of documents and receipt of digital signatures for work in information systems NCA RK(НУЦ РК).

        

         13. Objective: to organize and conduct public procurement of products, works and services.

         Functions:

         1) drawing up and approval of the annual plan of public procurement of products, works and services;

         2) organization and conduct of public procurement of products, works and services in accordance with and within the time limits established by current legislation, including through the web portal of public procurement;

         3) ensuring the execution of contracts entered into force on public procurement of products, works and services;

         4) resolution of claims and participate in hearings on matters of public procurement;

         5) provision and equipment furniture, communications, organizational equipment and supplies.

 

         14. Rights and obligations of Department

         1) to participate, within the limits of his/her authority, in the discussion on the matters under consideration and making decisions;

         2) request from structural subdivision of the office documents and data necessary for accomplishment of the duties;

         3) to request necessary information and materials from state bodies, organizations and their officials in the manner prescribed by law;

         4) refuse to see documents in case of non-compliance with the current legislation;

         5) within the limits of the competence to perform other actions necessary for accomplishment of the tasks provided by this Provision;

         6) the Department is obliged to fulfill its objectives through effective and efficient performance of its functions.

 

3. Organization of the Department

 

         15. The Department has the powers necessary for the implementation of its main tasks and functions, in accordance with legislative acts, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

         16. The Department is headed by the Head of the Department, appointed to the position and dismissed from office in accordance with the legislation of the Republic of Kazakhstan.

         17. The Head of the Department has a Deputy.

         18. Head of Department carries out overall management activities of the Department and bears personal responsibility for implementation is vested in the Department of tasks and the exercise of its functions.

         19. The Head of the Department presents to the Chief of Staff proposals on the structure and staffing of the Department.

         20. to this end, the Head of the Department:

         1) determine the duties and powers of his Deputy;

         2) determine the duties and powers of employees of the Department;

         3) submit to the Chief of Staff for approval the Provision on the Department, annual and quarterly work plans of the Department;

         4) exercises other powers in accordance with the laws and acts of the President of the Republic of Kazakhstan.

         21. Deputy Head of Department:

         1) organizes and coordinates the activities of the financial and economic sector within its powers;

         2) in the absence of the Head of Department carries out the general management of activity of Department and bears personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by It;

         3) performs other functions assigned by the Head of Department.

         22. The sector of personnel management and documentation support is headed by the Head of the sector.

         23. Head of sector:

         1) organizes and coordinates the activities of personnel management and documentation;

         2) during the absence of the Head of Department carries out maintaining confidential office-work;

         3) performs other functions assigned by the Head of Department.

         24. The documents sent on behalf of Department to other structural subdivision on the issues entering competence of Department are signed by the Head of Department, and in case of absence – the Deputy Head of Department.