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

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.

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 article 50 of the Law of the Republic of Kazakhstan "About legal acts", 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.

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.

At the same time legal monitoring shall be directed to efficiency evaluation of the operating normative regulation in general.

3. Act as object of legal monitoring:

1) for the central state bodies and their departments creating policy in certain industry – industry (subindustry) of the legislation including set of the regulatory legal acts adopted by them and (or) developers of which they were, or the public relations which are within their competence and regulating certain sphere (further – industries (subindustry) of the legislation);

2) for the central state bodies and their departments which are not creating policy in certain industry and bodies of local public administration – the regulatory legal acts adopted by them and (or) developers of which they were, or being within their competence.

4. Are subject to legal monitoring:

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

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

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

4) 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;

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

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;

3) regulatory legal acts about recognition of regulatory legal acts invalid;

4) the regulatory legal acts regulating interdepartmental activities of the state bodies and organizations which are under their authority, subjects of the quasi-public sector, local government bodies, national operators and not infringing interests of the third parties;

5) normative resolutions of the Constitutional Court of the Republic of Kazakhstan, Supreme Court of the Republic of Kazakhstan;

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