Regulations of the Staff

 

Approved

by Order of the Chairman

Сonstitutional Council

of the Republic of Kazakhstan

from_________, 2017

No. __________

 

 

PROVISION

on the Staff of the Constitutional Council

of the Republic of Kazakhstan

 

  1. General provisions

 

1. The Staff of the Constitutional Council of the Republic of Kazakhstan (next - the Staff) is a state body that performs information and reference, scientific and advisory and other auxiliary work.

2. The Staff carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "on the constitutional Council of the Republic of Kazakhstan", acts of the President and the Government of the Republic of Kazakhstan, Regulations of the Constitutional Council of the Republic of Kazakhstan, this Provision, as well as other normative legal acts.

3. The Staff is a legal entity in the organizational and legal form of a state institution has seals and stamps with its name in the state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan accounts in bodies of Treasury.

4. The Staff enters into civil law relations on its own behalf.

5. The Staff has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.

6. Regulations on the Staff, its structure and staffing are approved by The Chairman of the Constitutional Council of the Republic of Kazakhstan (next - the Chairman) within the approved limit and allocated budget allocations.

7. In accordance with the procedure established by the legislation, the Staff shall make decisions on the issues of its competence, issued by the orders of the Chief of the Staff of the Constitutional Council of the Republic of Kazakhstan (next – the Chief of the Staff).

8. Legal address of the Apparatus: 010000, Republic of Kazakhstan, Astana city, Yessil district, Dinmukhamed Konayev street, building 39.

9. Full name of the Staff - State institution "The Staff of the Constitutional Council of the Republic of Kazakhstan".

10. This Provision is the founding document of the Staff.

11. Financing of the activities of the Staff is carried out from the national budget.

12. The Staff is forbidden to enter contractual relations with entrepreneurial entities for the matter of performing the obligations which it functions.

  1. Mission, main tasks, functions,

rights and obligations of the Apparatus

 

13. The mission of the Staff is to create conditions for ensuring the activities of the Constitutional Council of the Republic of Kazakhstan (next – the Constitutional Council) and the implementation of its powers.

14. The main task of the Staff is legal, scientific and advisory, information and reference, organizational, financial, material and technical and other support for the activities of the Constitutional Council.

15. Functions of the Staff:

1) information and analytical, organizational, protocol and other assistance for the constitutional proceedings;

2) legal analysis of regulatory legal acts and international treaties of their projects with the preparation of the corresponding conclusion;

3) the campaign of the Constitution of the Republic of Kazakhstan and principles of modern constitutionalism, the realization of their provisions in the legislation, and clarification of legal positions and annual messages of the Constitutional Council among government agencies, public associations and citizens of the Republic of Kazakhstan and foreign countries;

4) clarification of the main provisions of the annual address of the President of the Republic to the people of Kazakhstan and other program documents of the Head of state on legal development, strengthening the rule of law;  

5) execution of decisions and orders of the Chairman, instructions of the Council members on materials in the production of the Constitutional Council; 

6) ensuring relations with the bodies of constitutional control of other States and international organizations;

7) official correspondence with state bodies, organizations and citizens;

8) analysis, evaluation and verification of reliability and reliability of financial and management information, the effectiveness of internal processes of the organization of the activities of the public authority, the safety of state assets;

9) ensuring the protection of state secrets and information security;

10) preparation of draft organizational and administrative documents of the Chairman;

11) personnel management;

12) organization of retraining and advanced training of Staff;

13) accounting and systematization of legislation and library Fund of the Constitutional Council;

14) organizational and technical preparation for meetings of the Constitutional Council, registration of minutes of meetings and distribution of materials;

15) documentation and documentation management of the Constitutional Council;

16) financial, economic, material and technical and other support for the activities of the Constitutional Council, civil servants and technical Staff;

17) interaction with mass media, as well as information support of the Internet resource of the Constitutional Council;

18) other functions assigned to it by the legislation of the Republic of Kazakhstan, orders of the Chairman.

16. Rights and obligations of the Staff:

1) request in accordance with the established procedure from state bodies, organizations and officials the necessary documents and materials;

2) in accordance with the procedure established by law, use information data banks available to state bodies;

3) provide realization of the tasks and functions assigned to the Staff;

4) to ensure that the anti-corruption;

5) comply with the legislation of the Republic of Kazakhstan;

6) exercise other rights and obligations provided by the legislation of the Republic of Kazakhstan.

 

III. Organization of the activities of the Staff

 

17. The Staff is headed by the Chief of Staff, who is personally responsible for the performance of the tasks assigned to the Staff and the performance of their functions.

18. The Chief of Staff and administrative civil servants shall be appointed and dismissed by the Chairman. In the absence of the Chief of Staff, his duties are performed by the Head of one of the structural units, determined by the order of the Chairman.

19. With regard to the Chief of Staff, the Chairman shall decide the issues of evaluation of activities, promotion, implementation of payments provided for by law, and other issues related to the passage of public service.

20. Administrative civil servants of the Staff shall be issued official certificates of the established sample, signed by the Chairman.

21. Powers of the Chief of Staff:

1) organizes the operation of the Staff for the implementation of the objectives and tasks entrusted to the Constitutional Council;

2) coordinates legal, advisory, information and reference, organizational, financial, material and technical and other support for the activities of the Constitutional Council;

3) organizes, coordinates and controls the activities of structural units within its competence;

4) approve regulations on structural divisions of the Staff;

5) provides implementation of the actions defined by the Chairman, accomplishment of his acts and instructions, monitors the implementation of decisions taken, informs the Chairman on instructions of members of Council;

6) within the limits of its competence, it ensures compliance with the requirements of the anti-corruption legislation of the Republic of Kazakhstan;

7) approves the work plans of departments and considers reports on their implementation;

8) exercises control of observance of office discipline;

9) makes proposals to the Chairman on the structure andstaff number of Staff;

10) submits to the Chairman The regulations on the Staff, qualification requirements to administrative public positions of the corps "B" and job descriptions of administrative civil servants for approval;

11) makes representation to the Chairman on appointment in the order of transfer, dismissal from positions of administrative civil servants of Staff;

12) by agreement with the Chairman makes the decision on appointment, dismissal and dismissal of technical workers, enter into, changes and stops employment contracts with them;

13) provides general management of the disciplinary, competitive, expert commission, the commission for the evaluation of the activities of administrative civil servants of corps "B", as well as the standing committee for the protection of state secrets;

14) in accordance with the procedure established by the legislation of the Republic of Kazakhstan and in coordination with the Chairman, issues of assessment of the activity of heads of structural divisions are solved;

15) pursuant to the decision of the Chairman shall issue orders on the implementation of the composition of the Constitutional Council of payments provided by the legislation of the Republic of Kazakhstan;

16) by agreement with the Chairman, issues of training, retraining and advanced training of administrative civil servants of corps "B", secondment, leave granting, material assistance, encouragement, payment of allowances and bonuses to civil servants and technical personnel of the Staff are solved;

17) decides on sending appeals of individuals and legal entities whose issues are not within the competence of the Constitutional Council to the relevant entities with a notice to the applicant;

18) enter into with materially responsible persons, contracts about full individual material responsibility;

19) provides organization and carrying out public procurement of products, works and services in accordance with the current legislation of the Republic of Kazakhstan;

20) ensures to compliance with the requirements of the anti-corruption legislation;

21) ensures preparation and by agreement with the Chairman submission of the budget request to the Central Executive body on budget planning for the subsequent introduction of its consideration of the Republican budget commission, as well as implementation of other procedures of the budget process;

22) approves (renews) budget programs (sub-programs) of the administrator of budget programs;

23) approves financing plans;

24) provides drawing up and submission to the authorized body of financial statements of the Staff;

25) signs civil contracts, applications for their registration, notifications, invoices for payment and other banking, financial and economic documents provided by the budget legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of public procurement, as well as claims, claims and other statements, complaints (petitions), powers of attorney and other documents provided by the procedural legislation;

26) represents the Staff in relations with state bodies, organizations and citizens within the limits of its powers;

27) in the limits of his authority shall adopt regulatory legal acts;

28) performs other powers provided by the legislation and this Provision, and also the Chairman assigned to it.

 

IV. The Property of the Staff

 

22. The Staff on the right of operational management has a separate property.

The property of the Staff is formed at the expense of the property transferred to it by the owner.

23. The property assigned to the Apparatus belongs to the Republican property.

24. The Staff shall not be entitled to alienate or otherwise dispose of the property assigned to it and the property acquired at the expense of the funds allocated to it under the financing plan, unless otherwise provided by law.

 

V. Reorganization and abolition of the Staff

 

25. Reorganization and abolition of the Staff is carried out in accordance with the legislation of the Republic of Kazakhstan.