ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 8, 2021 No. 386

Some questions of the organization and conducting scientific examination

According to item 4 of Article 30, Item 2 of Article 33, Item 3 of article 33-2 of the Law of the Republic of Kazakhstan "About legal acts", Item 1 of article 4 of the Law of the Republic of Kazakhstan "About international treaties of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve Rules of the organization and conducting scientific examination, and also selection of scientific legal experts according to appendix 1 to this resolution.

2. Ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 02.06.2022 No. 355

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

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

Appendix 1

to the Order of the Government of the Republic of Kazakhstan of June 8, 2021 No. 386

Rules of the organization and conducting scientific examination, and also selection of scientific legal experts

1. General provisions

1. These rules of the organization and conducting scientific examination, and also selection of scientific legal experts (further – Rules) are developed according to item 4 of Article 30, Item 2 of Article 33, Item 3 of article 33-2 of the Law of the Republic of Kazakhstan "About legal acts" (further – the Law "About Legal Acts"), with article 4 of the Law of the Republic of Kazakhstan "About international treaties of the Republic of Kazakhstan" (further – the Law "About International Treaties of the Republic of Kazakhstan") and determine procedure for the organization and conducting scientific examination of projects of regulatory legal acts, international treaties which participant the Republic of Kazakhstan, and also drafts of the international treaties which are subject to ratification (further – the international treaty or the draft of the international treaty), and selection of scientific legal experts, except for conducting scientific anti-corruption examination intends to become.

2. In these rules the following concepts are used:

1) the conclusion of scientific examination – the document processed according to requirements of the legislation and these rules, reflecting results of the carried-out scientific expertize;

2) commission of experts – the group as a part of at least two experts created for the purpose of conducting scientific examination.

3. Scientific expertize of projects of regulatory legal acts is carried out for the purpose of, specified in Item 2 of Article 30, Item 1 of article 33 of the Law "About Legal Acts".

Scientific examination of the international treaty or draft of the international treaty is carried out for the purpose of, specified in Item 3 of article 4 of the Law "About International Treaties of the Republic of Kazakhstan".

4. On the projects of regulatory legal acts developed according to the procedure of the legislative initiative of the Government of the Republic of Kazakhstan (further – the Government) and submitted for consideration of the Majilis of Parliament of the Republic of Kazakhstan (further – the Majilis of Parliament), also other examinations are carried out scientific legal, scientific linguistic, scientific economic.

On the projects of regulatory legal acts submitted for consideration of Parliament of the Republic of Kazakhstan (further – Parliament), conducting scientific examination depending on the public relations regulated by them surely, 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 (further – the President) when scientific expertize can not be carried out.

According to the international treaty or the draft of the international treaty scientific expertize (legal, linguistic and another) depending on legal relationship is carried out.

5. The organization of conducting scientific examination is assigned on:

The Ministry of Justice of the Republic of Kazakhstan (further – the Ministry of Justice) – on scientific legal and scientific linguistic to examinations of drafts of the laws, international treaties or drafts of international treaties;

The ministry of national economy of the Republic of Kazakhstan (further – the Ministry of national economy) – on scientific economic examination of drafts of the laws.

6. Scientific expertize of projects of regulatory legal acts is carried out by scientific institutions, authorized organization, the experts involved from among scientists and specialists depending on contents of the considered project. Conducting examination can be entrusted to one or several experts (commission of experts).

As the scientific organizations, experts specialists from other states and the international organizations can be attracted. The project of regulatory legal act can be sent for scientific examination to the foreign and international organizations.

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