On the State Social Order

The Law of the Republic of Kazakhstan dated 12 April, 2005 No.36

Unofficial translation

      Footnote. Throughout the text the word “of projects” is substituted by the words “of social projects” by the Law of the Republic of Kazakhstan dated 22.12.2011No. 515-IV (shall be enforced from 01.01.2012).

      This Law regulates social relations, arising in the process of exercising the state social order by the state bodies and non- governmental organizations of the Republic of Kazakhstan.

Article 1. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      1) social program – a complex of interrelated social projects;
      1-1) social project – a set of organizational, economic and technical measures, directed to achievement of objectives in the socially important scopes, implementing during one year and up to three years;
      2) the state social order – a form of implementation of social programs, social projects, directed to accomplishment of social tasks of republican, branch and regional levels, ensured at the expense of budget funds by conclusion of an agreement on carrying out of the state social order;
      3) competition for reception of the state social order (hereinafter – competition) – a method of determination of potential supplier, directed to acquisition of work, services of non-governmental organizations by customer and ensuring open and fair competition between potential suppliers of the state social order;
      3-1) the state order in the scope of the state social order (hereinafter – the state order) – the state order, as well as central executive and local executive body, exercising activity on formation and realization of the state social order;
      3-2) an authorized body in the scope of the state social order (hereinafter – an authorized body) – a state body, coordinating activity of the state bodies in the scope of state social order;
      4) an agreement for exercising the state social order – an agreement, concluded between customer and supplier according to the procedure, established by the legislation of the Republic of Kazakhstan;
      4-1) Register of suppliers of the state social order – a list of non-governmental organizations, participated in implementation of social programs, social projects on agreement on carrying out of the state social order;
      5) supplier of the state social order (hereinafter – supplier) – non-governmental organization, implementing social programs, social projects on agreement on carrying out of the state social order;
      5-1) monitoring of implementation of the state social order – gathering, processing and analysis of information on implementation of the state social order;
      6) customer – administrators of republican and local budget programs;
      7) non-governmental organization – non-commercial organization (except for the political parties, labour unions and religious associations), created by the citizens and (or) non-state legal entities on a voluntary basis for achievement by them the general objectives in accordance with the legislation of the Republic of Kazakhstan;
      8) councils on interaction and cooperation with the non-governmental organizations – consultative - advisory bodies, created for development of suggestions on improvement of interaction and cooperation between the state body and non-governmental organizations, in the composition of which the representatives of interested state bodies and non-governmental organizations are entered;
      9) potential supplier – non-governmental organization, participating in the competition;
      10) Is excluded by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) Is excluded by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      12) Is excluded by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      13) Is excluded by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012); dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. The legislation of the Republic of Kazakhstan on the state social order

      1. The legislation of the Republic of Kazakhstan on the state social order is based on the Constitution of the Republic of Kazakhstan, consist of this Law, as well as the Law of the Republic of Kazakhstan “On the state purchases” and other regulatory legal acts of the Republic of Kazakhstan.
      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 3. Principles of legal regulations of the process of the state social order

      Legal regulation of the process of the state social order shall be based on the principles:
      1) legality;
      2) improvement of the effectiveness of implementation of social programs, social projects in the Republic of Kazakhstan;
      3) participation of citizens of the Republic of Kazakhstan in accomplishment of social tasks;
      4) ensuring of equal opportunities of non-governmental organizations for participation in the competition;
      5) publicity and openness of the process of the state social order.

Article 4. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) determine an authorized body;
      2) approve the rules of exercising the monitoring of implementation the state social order;
      3) approve the special procedure of exercising the state purchases of services, provided by the state social order in accordance with the legislation of the Republic of Kazakhstan on the state purchases;
      4) determine procedure of maintenance of Register of suppliers of the state social order;
      5) exercise other functions, imposed on it by the Constitution of the Republic of Kazakhstan, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012).

Article 4-1. Competence of the authorized body

      An authorized body shall:
      1) exercise the coordination of activity of the state bodies on formation and implementation of social order;
      2) render informative, consultative, methodical support to the state bodies, forming and implementing the state social order;
      3) exercise monitoring of implementation of the state social order;
      4) provide information to the Government of the Republic of Kazakhstan on the results of monitoring of realization of the state social order;
      5) develop and (or) approve the regulatory legal acts in the field of the state social order within its competence;
      6) exercise the maintenance of Register of suppliers of the state social order;
      7) create and ensure functioning of electronic information resources in the field of the state social order, organize an access to them by individuals and legal entities in accordance with the legislation of the Republic of Kazakhstan.;
      8) exercise other powers, provided by the Laws of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 4-1 in accordance with the Law of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012).

Article 4-2. Competence of the state bodies

      The state bodies shall:
      1) exercise formation and implementation of the state social order according to the procedure, determined by the Government of the Republic of Kazakhstan;
      2) create the councils on interrelation and cooperation with non-governmental organizations;
      3) provide information on implementation of the state social order to the authorized body;
      4) render informative, consultative, methodical support to the non-governmental organizations, exercising the state social order;
      5) exercise other powers, provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 4-2 in accordance with the Law of the republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012).

Article 5. The scope of implementation of the state social order

      Implementation of the state social order shall be carried out on the following directions:
      1) achievement of objectives in the field of education, science, information, physical fitness and sports;
      2) health protection of citizens, healthy lifestyle promotion;
      3) environmental protection;
      4) support of youth policy and children's initiatives;
      5) solution of problems of demography;
      6) solution of gender problems;
      7) support of vulnerable social groups;
      8) assistance to orphaned children, children from single-parent and large families;
      9) assistance in employment of citizens;
      10) protection of rights, legal interests of citizens and organizations;
      11) development of culture and art;
      12) protection of historical-cultural heritage;
      13) strengthening of a public consent and national unity;
      13-1) assistance to probation services of penal inspection upon rendering of social and legal assistance to the persons, being in their register;
      13-2) conducting of social quality monitoring of rendering the state services;
      13-3) rendering of assistance to the person (family), being in difficult real-life situation due to abusive treatment, led to the social maladjustment and social deprivation;
      14) other socially important directions, not contradicted to the legislation of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012); dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2013 No. 89-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Exercising the state social order

      1. The state social order shall be exercised by the state bodies and non-governmental organizations.
      2. The state social order shall be exercised in accordance with the legislation of the Republic of Kazakhstan on the state social order and on the state purchases.
      3. Potential suppliers, exercising activity in accordance with charter purposes on directions, shall be admitted for participation in the competition provided by Article 5 of this Law.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012).
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 22.12.2011 No. 515-IV (shall be enforced from 01.01.2012).

Article 7. Financing and use of budget funds of the state social order

      Financing of the state social order shall be exercised at the expense of budget funds.
      Budget funds, provided for implementation of the state social order, shall be used according to the purposes and procedure, established by this Law, other regulatory legal acts of the Republic of Kazakhstan, as well as agreements for exercising the state social order.

Article 8. Control of execution of the state social order

      Control of execution of the state social order shall be exercised by the customer, as well as other authorized state bodies within their competence, established by the Laws of the Republic of Kazakhstan.

Article 9. Responsibility for violation of the legislation of the Republic of Kazakhstan on the state social order

      Violation of the legislation of the Republic of Kazakhstan on the state social order shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

Article 10. Procedure of enforcement of this Law

      This Law enters into force from the date of its official publication.

      The President
      of the Republic of Kazakhstan