ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 17, 2006 No. 778

About approval of Rules of state registration of regulatory legal acts

According to the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of state registration of regulatory legal acts.

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

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

Approved by the Order of the Government of the Republic of Kazakhstan of August 17, 2006 No. 778

Rules of state registration of regulatory legal acts

1. General provisions

1. These rules of state registration of regulatory legal acts (further - Rules) determine:

1) terms of state registration, procedure for submission of normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies, heads of departments, normative legal resolutions of the central state bodies, normative resolutions of Central Election Commission, normative legal decisions of maslikhats, and also normative legal resolutions of akimats and normative legal decisions of akims (further - regulatory legal acts) on state registration;

2) requirements imposed to the regulatory legal acts represented on state registration;

3) maintaining Register of state registration of regulatory legal acts;

4) procedure for refusal in state registration of regulatory legal acts;

5) enforcement of the registered regulatory legal acts;

6) procedure for suspension, cancellation of the registered regulatory legal acts.

2. State registration of regulatory legal acts

2. The regulatory legal acts of state bodies specified in the subitem 1) of Item 1 of these rules except for of the normative resolutions of the Constitutional Council, Supreme Court of the Republic of Kazakhstan and acts containing the state secrets are subject to state registration in judicial authorities.

3. Requests of the Ministry of Justice of the Republic of Kazakhstan and its territorial authorities about submission of this or that act for the solution of question of need of state registration are performed by the central bodies, their departments and local authorities within two weeks from the moment of receipt of such request.

4. State registration of regulatory legal acts of the central bodies and their departments is performed by the Ministry of Justice of the Republic of Kazakhstan, local authorities - territorial authorities of justice within 30 calendar days from the date of submission of documents.

5. State registration of regulatory legal acts of the local authorities regulating questions of approval and refining of local budgets, rendering the public assistance is performed by territorial authorities of justice within 15 working days from the date of submission of documents.

6. State registration of regulatory legal act includes:

1) legal examination on:

subject of availability of rules of law and need of state registration;

act compliance to the legislation of the Republic of Kazakhstan;

2) approval of the conclusion about state registration of regulatory legal act of the central body and its department - the Minister of Justice of the Republic of Kazakhstan or his deputy, local body - the head of territorial authority of justice;

3) entering of regulatory legal act into the Register of state registration of regulatory legal acts with assignment to it numbers of state registration;

4) putting down of stamp about state registration of regulatory legal act in the right upper corner of the first leaf of the main regulatory legal act, and also official stamp of the Ministry of Justice of the Republic of Kazakhstan or its territorial authority in the right upper corner of the first leaf of the conclusion about state registration of regulatory legal act. Standard forms of the conclusion and stamp of state registration of regulatory legal act affirm the Minister of Justice of the Republic of Kazakhstan;

5) the direction of the registered regulatory legal acts:

one copy (original) goes to the body which provided regulatory legal act;     

the second copy goes to the Republican center of legal information (this procedure does not extend to the regulatory legal acts containing the state secrets);     

the third copy of regulatory legal act remains in the Ministry of Justice of the Republic of Kazakhstan or its territorial authorities.

The conclusion about state registration of regulatory legal act is attached to each directed copy of regulatory legal act (if the regulatory legal act concerns the rights, freedoms and obligations of citizens, in the conclusion need of its official publication is specified).

7. Changes and additions made to the regulatory legal acts which underwent state registration are subject to state registration according to the procedure, established by these rules.

8. Regulatory legal acts of the central bodies, their departments and local authorities are represented to the Ministry of Justice of the Republic of Kazakhstan or its territorial authorities within fourteen calendar days from the date of their approval, except for regulatory legal acts of National Bank of the Republic of Kazakhstan which are represented within twenty calendar days from the date of the board meeting of this body on which these acts, in printing and electronic types, in triplicate, including originals (original texts) in the state and Russian languages are adopted.

If the regulatory legal act is adopted by two and more state bodies the joint act, the state body developer in addition represents originals (original texts) of regulatory legal acts in the state and Russian languages by the number of the state bodies which adopted regulatory legal act.

In case of coordination (approval) of regulatory legal act by the interested state bodies, on state registration the regulatory legal act is represented within two weeks from the date of coordination (approval) to the last of the interested state bodies.

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