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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2020 No. 451

About some questions of conducting scientific anti-corruption examination

According to Items 2 and 3 of article 33-1 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 enclosed:

1) Rules of conducting scientific anti-corruption examination of projects of regulatory legal acts;

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. To anti-corruption agency of the Republic of Kazakhstan (Anti-corruption service) in the procedure established by the legislation of the Republic of Kazakhstan to take the measures following from this resolution.

3. This resolution becomes effective after ten calendar days from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of July 16, 2020 No. 451

Rules of conducting scientific anti-corruption examination of projects of regulatory legal acts

Chapter 1. General provisions

1. These rules of conducting scientific anti-corruption examination of projects of regulatory legal acts (further - Rules) are developed according to Items 2 and 3 of article 33-1 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" and determine procedure and terms of conducting scientific anti-corruption examination of projects of regulatory legal acts.

2. In these rules the following concepts are used:

1) developer - the state bodies, local representative and executive bodies developing regulatory legal acts and also the deputies of Parliament developing drafts of the laws according to the procedure of the legislative initiative of deputies of Parliament of the Republic of Kazakhstan;

2) regulatory legal act - the written official document on paper and the electronic document identical to it of the established form accepted on republican referendum or authorized body, establishing rules of law, changing, supplementing, stopping or stopping their action;

3) scientific anti-corruption examination - research of projects of regulatory legal acts for the purpose of identification in them projects of regulatory legal acts of corruptogenic regulations with pronouncement of the conclusion of scientific anti-corruption examination;

4) the conclusion of scientific anti-corruption examination - the written instrument processed according to requirements of these rules, reflecting results of the carried-out scientific anti-corruption project appraisal of regulatory legal act.

3. Scientific anti-corruption expertize of projects of regulatory legal acts is carried out on purpose:

1) identifications in the project of regulatory legal act of the regulations promoting making of corruption offenses (further - corruptogenic regulations);

2) developments of the recommendations submitted on elimination of the revealed corruptogenic regulations.

4. Scientific anti-corruption expertize is carried out according to drafts of the legal acts submitted for consideration of Parliament of the Republic of Kazakhstan, except as specified introduction of drafts of legal acts according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan when scientific anti-corruption expertize can not be carried out, and to projects of other regulatory legal acts except for specified in Item 5 of these rules.

5. The requirement about conducting scientific anti-corruption examination does not extend to projects:

normative legal presidential decrees of the Republic of Kazakhstan;

regulatory legal acts of the President of the Security Council of the Republic of Kazakhstan;

normative resolutions of Parliament of the Republic of Kazakhstan and its Chambers;

normative resolutions of the Constitutional Council;

normative resolutions of the Supreme Court of the Republic of Kazakhstan;

the orders of the Government providing introduction of drafts of legal acts for consideration of the Majilis of Parliament of the Republic of Kazakhstan and drafts of presidential decrees of the Republic of Kazakhstan for consideration of the President of the Republic of Kazakhstan;

regulatory legal acts on recognition voided regulatory legal acts;

the regulatory legal acts providing decision making about establishment (cancellation) of quarantine zone with introduction of the quarantine mode in the corresponding territory about establishment (removal) of quarantine and (or) restrictive actions in cases, stipulated by the legislation the Republic of Kazakhstan in the field of veterinary science, and also the announcement of emergency situation of natural and technogenic nature;

regulatory legal acts about formation of the polling precincts and determination of places for placement of propaganda printed materials;

regulatory legal acts about education, abolition and transformation of administrative and territorial units, establishment and change of their borders and subordination, their name and renaming, and also refining and change of transcription of their names;

regulatory legal acts about the name and renaming of components of settlements, and also refining and change of transcription of their names;

regulatory legal acts about approval of the state list of historical and cultural monuments of republican and local value;

regulatory legal acts about approval of budgets of all levels;

regulatory legal acts about the guaranteed transfer from National fund of the Republic of Kazakhstan;

regulatory legal acts about amounts of transfers of general nature between republican and regional budgets, budgets of the cities of republican value, the capital;

regulatory legal acts about limiting approval of rates, the prices, stipulated by the legislation the Republic of Kazakhstan;

regulatory legal acts about establishment of the public servitude;

regulatory legal acts about approval of qualification requirements to managerial state positions;

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

At the same time the requirement about conducting scientific anti-corruption examination also does not extend to the regulatory legal acts providing modification and amendments in the regulatory legal acts provided by this Item of Rules.

6. The organization of conducting scientific anti-corruption examination of projects of regulatory legal acts is assigned to anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service) (further - the organizer).

7. Financing of conducting scientific anti-corruption examination is performed at the expense of the republican budget according to the procedure, established by the legislation of the Republic of Kazakhstan.

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