Askivity of departament

1. General statements
1.1 The state establishment “The department of education of Balkhash town” (named further “State Establishment”), is non-commercial organization, possessing the status of a juridical person, created for realisation of state policy in educational sphere in the town, social-cultural and other functions of   non-commercial character, in organizational-juridical form of state establishment.
1.2 The state establishment was created basing on the Balkhash town Akimat’s resolution №35/01 from “27” August, 2009.
1.3 The Founder of the establishment is Balkhash town Akimat.
1.4 The full name of the state establishment is: “Balkhash kalasynyn bilim, dene shynyktyru zhane sport bolimi” memlekettik mekemesi, gosudarstvennoe ucherezhdenie “Otdel obrazovaniya, fizicheskoi kultury I sporta goroda Balkhash”, the state establishment “The department of education, physical culture and sport of Balkhash town”.
1.5 The address of the state establishment: 5, Ualikhanov Street, Balkhash town, Karaganda region, 100300.

2. The juridical status of the state establishment
2.1 The state establishment obtains the rights of a juridical person from the moment of its state re-registration.
2.2 The state establishment has its own balance, accounts in banks according to the legislation, forms, seals and stamps with their own title in the state language.
2.3 The state establishment can’t create, and also be a founder (a participant) of other juridical person, except those establishments, which have the right of possession, using, orders of state ownership which were given in a settled order.
2.4 The state establishment is responsible by its duties for money in its disposal. The authorized organ is responsible for its duties, if the establishment has no enough money.
2.5 Civil – juridical transactions, which are concluded by the state establishment, are subject to registration in order defined by the Government of the RK.
Under treaty obligations responsibility of official body comes within the confirmed estimate on the establishment maintenance according to the legislation.

 3. Aims, types of activity and rights of the state establishment.
3.1 The aim of activity of the state establishment is: creation of necessary conditions for citizens of the RK to receive free secondary education and development of physical training and sport in the town.
3.2 For achievement of the pointed aim the state establishment realizes next types of activity:
§     Guarantee of the united state policy in the sphere of education and sport of Balkhash town;
§ Increasing of preparation quality of school graduates, rational use of means of the state budget, given for financing of education;
• creation of necessary conditions for receiving education, directed to formation, development and professional making of a personality on the base of national and universal values;
3.3 Rights of the department of education, physical training and sport:
• carries out children’s registration of pre-school and school age and organizes their teaching before receiving of secondary education by them;
• organizes guardianship and trusteeship of minors, who are left without trusteeship of parents, to place in children’s homes or boarding organizations;
 • organizes and conducts within its competence periodical control of conformity of keeping educational process, to demands of the state general educational standards in organizations of local educational submission, irrespective of property forms and department subordination;
• holds on certification of pedagogical workers and gives them qualifying categories;
• places on the base of competition state educational order for preparation of workers and specialists in professional schools, professional lyceums and colleges;
• appoints and dismisses leaders of state organizations of pre-school upbringing and education, out-of-school organizations, organizations of secondary education, financing from the local budget;
• presents statistic reports in upper organs on questions of pre-school, secondary education;
• Coordinates activity of subordinate organizations in the sphere of sport and physical training, realizes interaction with tourist and sport organizations;
• takes part in working out and program realization of physical training and sport development;
• confirms and coordinates programs of training, retraining and improvement of professional skill, organizes different forms of teaching and experience exchange with specialists of physical training and sport;
3.4 The State establishment has no right to do the work, which doesn’t answer realization aim of a state organization. 

4. State establishment management  
4.1. The Authorised organ realizes the general state establishment management, determined according to the legislation.
4.2. The Authorised organ realizes the following functions in the confirmed legislation order:
• fixes state establishment property;
• confirms estimate (expense plan) for keeping of a state institution;
• realizes control for age effectiveness and property safety, passed to state establishment;
• confirms the charter of a state establishment, makes changes and additions into the charter;
• determines structure, order of formation and term of powers of state establishment management organs, order of taking decision by a state establishment;
• determines rights, duties and responsibility of a state establishment leader, motives for his dismissal from the post; confirms structure and limits in stuff number of a state establishment;
 • confirms annual financial reporting;
• realizes other functions, set up by the legislation.
4.3. Manager of state institution is appointed to post and dismissed from post by authorised organ, except cases set up by the legislation.
4.4. Manager of state establishment organizes and runs work of a state institution, is submitted directly to authorised organ (except cases set up by the legislation) and performs duties for fulfilling of assigned tasks to state establishment and realization by it its functions.
4.5. A manager of a state establishment operates on principles of one-man management and independently solves questions of activity of state establishment according to its competence, determined by the RK legislation and this Statement.
4.6. During realization of activity by state establishment a manager of a state establishment in active lawful order:
• operates without any warrant on behalf of the state establishment;
• represents interests of state institution in all organizations;
• in cases and limits, set up by the legislation deals with property;
• concludes contracts;
• gives out documents;
• confirms order and plans of state establishment on business trips, trainings, teaching officials in Kazakhstan and in foreign educational centres and by other kinds of officials’ qualification raising;
• opens bank accounts;
• issues orders and indications, obligatory for all officials;
• takes measures of encouragement and puts officials of a state establishment under disciplinary penalties;
• determines duties and circulation of his substitute and other guiding officials of a state establishment;
• realizes other functions, assigned to him by the legislation, the active Statement and an authorized organ.

5. Order of property forming and financing of activity of a state establishment
5.1. State establishment property is formed for an account of property, given it by the state, and consists of main funds and circulating means, and also other property, which cost is reflected on the balance of a state establishment.
5.2. State institution property belongs to it on the right of operative management and belongs to the state property.
5.3. If state institution has the right to realize activity giving incomes, such incomes, received from such activity are directed to income of the state budget.
5.4 Financing of activity of the state establishment is realized only for an account of the state budget, if other is not settled by the legislative acts.
5.5 The state establishment conducts accounting calculation and reports according to the legislation.
5.6 Checking and audit of the financial-economy activity of the state establishment is realized by on authorized organ in a settled by the legislative order.

6. Re-organization and liquidation of the state establishment.
6.1 Re-organization and liquidation of the state establishment is realized according to the legislation of the RK.
6.2 The establishment can be liquidated by the decision of the owner of its property or by an authorized by owner organ and by court decision basing on and in order, foreseen by the Civil Code of the RK and other legislative acts.
6.3 The Founder or an organ which got resolution about liquidation of the Establishment must inform immediately about this a justice organ, realizing registration of juridical persons.
6.4 The Founder or an organ which got resolution about liquidation of the Establishment, appoints liquidation commission and set according to the civil code of the RK and other legislative acts, order and terms of liquidation.
6.5 From the moment of appointing liquidation commission it has power on managing of property and of the Establishment affairs.