LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 24, 1998 No. 213-I

About regulatory legal acts

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the law - the regulatory legal act which governs the major public relations establishes the fundamental principles and regulations, stipulated in Item 3 articles 61 of the Constitution of the Republic of Kazakhstan, accepted by Parliament of the Republic of Kazakhstan, and in the cases provided by the subitem 3) of article 53 of the Constitution of the Republic of Kazakhstan - the President of the Republic of Kazakhstan;

1-1) legal methods - set of methods, requirements and rules of registration of regulatory legal acts;

2) the legal act - the constitutional law, the presidential decree of the Republic of Kazakhstan which is valid the constitutional law, the code, the law, the presidential decree of the Republic of Kazakhstan which is valid the law, the resolution of Parliament of the Republic of Kazakhstan, the resolution of the Senate and Majilis;

3) subordinate regulatory legal acts - other regulatory legal acts which are not legislative published on basis and (or) in execution and (or) for further realization legislative and other regulatory legal acts, higher on hierarchy;

4) the legislation - set of the regulatory legal acts adopted in accordance with the established procedure;

5) the code - the law in which the precepts of law governing the uniform major public relations, the stipulated in Article 3-1 this Law are integrated and systematized;

6) the Constitutional law - the law called in the Constitution of the Republic of Kazakhstan constitutional, accepted according to the procedure, stipulated in Item 4 articles 62 of the Constitution of the Republic of Kazakhstan;

7) the State register of regulatory legal acts of the Republic of Kazakhstan - the single system of the state accounting of regulatory legal acts of the Republic of Kazakhstan containing details of regulatory legal acts and other data of directory nature on these acts; 

8) reference control bank of regulatory legal acts of the Republic of Kazakhstan - set of regulatory legal acts (with changes and amendments) in the printing and electronic and digital form certified by means of the digital signature, data on which are entered in the state register of regulatory legal acts of the Republic of Kazakhstan;

9) the law making changes and additions to the Constitution of the Republic of Kazakhstan - the law adopted according to the procedure, stipulated in Item 3 articles 62 of the Constitution of the Republic of Kazakhstan;

10) the rule of law - the obligatory rule of conduct permanent or temporality, expected the repeated application extending to individually uncertain group of people within the regulated public relations;

11) regulatory legal act - the written official document of the established form accepted on referendum by either authorized body or the official of the state, establishing precepts of law, changing, stopping or stopping their action, and also the document in electronic and digital form identical to the written official document and certified by means of the digital signature;

11-1) The register of state registration of regulatory legal acts - the written list containing number of state registration and details of the regulatory legal acts of the state bodies specified in the subitem 4) of Item 2 of article 36 of this Law, which underwent state registration in judicial authorities of the Republic of Kazakhstan;

12) the subsequent official publication of texts of regulatory legal acts - publication in the printing edition of the regulatory legal acts which passed the examination on compliance to reference control bank of regulatory legal acts of the Republic of Kazakhstan;

12-1) legal monitoring of regulatory legal acts - the activities of state bodies performed on permanent basis, for collection, assessment, information analysis about condition of the legislation of the Republic of Kazakhstan, and also according to the forecast of dynamics of its development and practice of application for the purpose of detection of the obsolete and corruptogenic rules of law contradicting the legislation of the Republic of Kazakhstan, efficiency evaluation of their realization;

13) the level of regulatory legal act - the place of regulatory legal act depending on its legal force in hierarchy of regulatory legal acts;

14) official publication of regulatory legal act - the publication for general data of the complete text of regulatory legal act in official and periodic printing publications, and also on the Internet resource determined by the Government of the Republic of Kazakhstan in graphical format in full accordance with signed originals;

15) authorized body - state bodies, their departments and officials of the Republic of Kazakhstan who have the right to adopt regulatory legal acts according to their competence established by the Constitution of the Republic of Kazakhstan, this Law, and also the legislation determining legal status of these bodies and officials (The president of the Republic of Kazakhstan, Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, Central Election Commission of the Republic of Kazakhstan, the central executive bodies, local representative and executive bodies, National Bank of the Republic of Kazakhstan, other state bodies);

16) authorized organization - the organization determined by the Government of the Republic of Kazakhstan by implementation of scientific linguistic examination regarding authenticity of texts in the Kazakh and Russian languages on the drafts of the laws developed by state bodies of the Republic of Kazakhstan and which are subject to entering into Parliament of the Republic of Kazakhstan.

Article 2. Coverage of this Law

1. Features of development and representation, acceptance, registration, enforcement, change, amendment, the termination or suspension of action, publication of legislative and other regulatory legal acts are determined, according to their level, legal acts regulating activities of the state bodies adopting regulatory legal acts, the acts determining legal status of these bodies including regulations on them and their regulations, other regulatory legal acts, except for the features determined by acts of the President of the Republic of Kazakhstan, concerning drafts of the legal acts introduced to the Majilis of Parliament of the Republic of Kazakhstan according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan.

2. This Law does not regulate procedure for acceptance, change and cancellation of the Constitution of the Republic of Kazakhstan.

3. This Law does not regulate procedure for preparation, the conclusion, execution and denouncement of international treaties.

4. This Law does not determine procedure for development, representation, acceptance, enforcement, action, publication, change, amendment and cancellation of the regulations adopted according to the legislation but which are not meeting the requirements provided in subitem 1-1) of article 1 of this Law, and having the right implementing and law-enforcement value, in particular:

1) regulations of the non-state organizations, including public associations and local government bodies;

2) regulations of the state organizations which are not authorized bodies;

3)  subitem part one 3) of item 4 of Article 2 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 121-V ZRK

The regulations specified in subitems 1) and 2) of this Item shall not contain rules of law.

Article 3. Main and derivative types of regulatory legal acts

1. Regulatory legal acts are subdivided into the main and derivative.

2. Treat main type of regulatory legal acts:

1) Constitution, constitutional laws, codes, laws;

2) the presidential decrees of the Republic of Kazakhstan which are valid the constitutional law; the presidential decrees of the Republic of Kazakhstan which are valid the law; other normative legal presidential decrees of the Republic of Kazakhstan;

3) normative resolutions of Parliament of the Republic of Kazakhstan and its chambers;

4) normative orders of the Government of the Republic of Kazakhstan;

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