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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2023 No. 471

About approval of Rules of carrying out legal monitoring

(as amended of the Order of the Minister of Justice of the Republic of Kazakhstan of 26.01.2024 No. 68)

According to the subitem 264) Item 14 of the Regulations on the Ministry of Justice of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1120 "Questions of the Ministry of Justice of the Republic of Kazakhstan" of PRIKAZYVAYU:

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

2. To provide to department of legal policy of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after day of its first official publication.

Minister of Justice of the Republic of Kazakhstan

A. Eskarayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of July 11, 2023 No. 471

Rules of carrying out legal monitoring

Chapter 1. General provisions

1. These rules of carrying out legal monitoring (further – Rules) are developed according to the subitem 264) of Item 14 of the Regulations on the Ministry of Justice of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1120 "Questions of the Ministry of Justice of the Republic of Kazakhstan" 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 is carried out for the purpose of identification in the adopted regulatory legal acts of contradictions to the legislation of the Republic of Kazakhstan, duplications, gaps, inefficiently implementable, obsolete and corruptogenic rules of law and developments of offers on their enhancement by forecasting, the analysis, efficiency evaluation of realization of the adopted regulatory legal acts.

3. Act as object of legal monitoring:

1) the new constitutional laws, codes, the consolidated laws, the laws;

2) other regulatory legal acts.

For the purpose of carrying out legal monitoring in these Rules the constitutional laws, codes, the consolidated laws, the laws adopted in the new edition, and also again adopted constitutional laws, codes, the consolidated laws, the laws, the laws on modification and amendments in legal acts within five years from the date of their acceptance are considered as new.

Other regulatory legal acts which are subject to carrying out legal monitoring are understood as the following:

3) the constitutional laws, codes, the consolidated laws, the laws, except for the new constitutional laws, codes, the consolidated laws, the laws;

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

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

6) normative legal resolutions of Central Election Commission of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and other central state bodies of the Republic of Kazakhstan, normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies of the Republic of Kazakhstan, normative legal orders of heads of departments of the central state bodies of the Republic of Kazakhstan;

7) normative legal decisions of maslikhats, normative legal resolutions of akimats, normative legal decisions of akims and normative legal resolutions of audit committees.

4. Legal monitoring is not carried out on the following regulatory legal acts:

1) the regulatory legal acts which voided in the procedure established by the law;

2) regulatory legal acts about modification and amendments, except for the laws on modification and amendments in legal acts under which legal monitoring is carried out within five years from the date of introduction them to action;

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