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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2016 No. 486

About approval of Rules of carrying out legal monitoring

(In edition of the Order of the Government of the Republic of Kazakhstan of 28.03.2019 No. 149)

According to item 4 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out legal monitoring.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective from the date of its signing.

Prime Minister of the Republic of Kazakhstan

K. Masimov

 

Approved by the Order of the Government of the Republic of Kazakhstan of August 29, 2016 No. 486

Rules of carrying out legal monitoring

1. General provisions

1. These rules of carrying out legal monitoring (further - Rules) are developed according to item 4 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" (further - the Law) and determine procedure for carrying out legal monitoring by state bodies of the regulatory legal acts adopted by them and (or) developers of which they were, or being within their competence.

2. Legal monitoring of regulatory legal acts is carried out for the purpose of assessment and forecasting of efficiency of the legislation by identification to contradicting legislation of the Republic of Kazakhstan, obsolete, corruptogenic and inefficiently implementable rules of law (further - shortcomings of rules of law), and also developments of offers on its enhancement.

3. Act as object of legal monitoring:

1) the constitutional laws of the Republic of Kazakhstan, codes of the Republic of Kazakhstan, the consolidated laws of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan;

2) normative legal presidential decrees of the Republic of Kazakhstan;

3) normative legal orders of the Government of the Republic of Kazakhstan;

4) normative legal resolutions of Central Election Commission of the Republic of Kazakhstan, Calculating committee on control of execution of the republican budget of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and other central state bodies, normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies, normative legal orders of heads of departments of the central state bodies (further - acts of the central state bodies);

5) normative legal decisions of maslikhats, normative legal resolutions of akimats, normative legal decisions of akims

and normative legal resolutions of audit committees (further - acts of bodies of local public administration).

Object of legal monitoring are not the regulatory legal acts containing the state secrets and other secret protected by the law, and also regulatory legal acts having marks "For office use", "Without publication in seal", "Not for seal".

4. Monitoring of normative legal presidential decrees of the Republic of Kazakhstan is conducted on permanent basis by the state bodies which are their developers, according to the procedure, No. 976 established by the Presidential decree of the Republic of Kazakhstan of April 27, 2010 "About approval of Rules of preparation, coordination and representation for consideration to the President of the Republic of Kazakhstan of the draft of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, preparation, coordination and representation for the signature of drafts of acts and orders of the President of the Republic of Kazakhstan, implementation of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, control of execution of acts and orders of the President of the Republic of Kazakhstan and carrying out monitoring of normative legal presidential decrees of the Republic of Kazakhstan".

5. Legal monitoring is conducted by structural divisions of state bodies concerning the regulatory legal acts adopted by them and (or) developers of which they were, or being within their competence.

When carrying out legal monitoring state bodies have the right to attract the public and scientific organizations, citizens according to the procedure, established by the legislation of the Republic of Kazakhstan.

6. In state bodies coordination of activities of divisions for legal monitoring is performed by legal services, in case of their absence - the structural divisions determined by the head of state body (further - legal services).

7. Coordination of activities of state bodies for legal monitoring is performed by the Ministry of Justice of the Republic of Kazakhstan and territorial authorities of justice of areas, cities of Astana, Almaty.

2. Procedure for maintaining registers of regulatory legal acts and approval of the schedule of carrying out legal monitoring

8. For the purpose of collection, accounting and storage of information on regulatory legal acts legal services of state bodies keep registers of the regulatory legal acts which are subject to legal monitoring (further - registers) separately in the relation:

1) legal acts of the Republic of Kazakhstan (except for regulatory legal acts, invalid, about modification and/or amendments, ratification and denouncement of international treaties);

2) normative orders of the Government of the Republic of Kazakhstan (except for resolutions on approval, adoption of international treaties and accession to them);

3) normative legal resolutions of Central Election Commission, Calculating committee on control of execution of the republican budget, National Bank and other central state bodies;

4) normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies;

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