of July 3, 2023 No. 448
About approval of Rules of development, coordination of projects of subordinate regulatory legal acts
According to 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 of PRIKAZYVAYU:
1. Approve the enclosed Rules of development, coordination of projects of subordinate regulatory legal acts.
2. To provide to department of bylaws 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 ten calendar days 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 3, 2023 No. 448
1. These rules of development, coordination of projects of subordinate regulatory legal acts (further - Rules) are developed according to 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, and determine procedure for development and coordination of projects of subordinate regulatory legal acts.
2. Projects of subordinate regulatory legal acts are:
1) normative legal presidential decrees of the Republic of Kazakhstan;
2) the normative legal orders of the Government of the Republic of Kazakhstan (further - drafts of resolutions);
3) normative legal resolutions of Central Election Commission of the Republic of Kazakhstan, the Highest auditor chamber of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and other central state bodies, normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies, normative legal orders of heads of departments of the central state bodies;
4) normative legal decisions of maslikhats, normative legal resolutions of akimats, normative legal decisions of akims and normative legal resolutions of audit committees.
3. The procedure for development, coordination and representation for the signature of drafts of normative legal presidential decrees of the Republic of Kazakhstan is determined by Rules of preparation and implementation of the message, work with the acts and orders of the President of the Republic of Kazakhstan and control of their execution, carrying out monitoring of normative legal decrees approved by the Presidential decree of the Republic of Kazakhstan of April 27, 2010 No. 976.
4. The procedure for development, coordination and state registration of projects of the regulatory legal acts specified in subitems 3) and 4) of Item 2 of these rules is determined by rules of development, coordination and state registration of regulatory legal acts.
5. Development and coordination of projects of the subordinate regulatory legal acts having security classifications or marks "For office use" are performed taking into account features of the legislation of the Republic of Kazakhstan in the sphere of protection of the state secrets and according to the Rules of reference of data to office information of limited distribution and work with it approved by the order of the Government of the Republic of Kazakhstan of June 24, 2022 No. 429.
6. Project development of resolutions is performed on the basis and in pursuance of the Constitution of the Republic of Kazakhstan, legal acts, acts of the President and the Government of the Republic of Kazakhstan.
7. Drafts of resolutions are developed by state bodies according to their competence established by the legislation of the Republic of Kazakhstan on the initiative or of orders of higher state bodies and officials if other is not established by the legislation of the Republic of Kazakhstan.
If implementation of rules of law of the preparing draft of the resolution requires modification and (or) amendments in regulatory legal acts of one or subordinate level, then along with the draft of the resolution of main type projects of regulatory legal acts with the specified changes and (or) amendments shall be prepared or instructions are given to relevant organs about preparation of such acts.
Drafts of resolutions can be developed by Government office of the Republic of Kazakhstan (further - the Device) at the request of the Prime Minister of the Republic of Kazakhstan, his deputies or the Chief of staff.
8. The state body developer creates the working group on project development of the resolution or charges its preparation to the divisions.
In project development of resolutions participation of staff of legal service of body developer is obligatory.
Specialists of various knowledge domains, scientific institutions and other organizations, scientists, representatives of non-profit and other organizations can be involved in preparation of drafts of resolutions.
9. Quality of project development of resolutions, observance of regulations of the literary language, terms of law and legal method, authenticity of texts in the Kazakh and Russian languages are provided with the state bodies developers.
The first heads of state bodies bear responsibility for quality of training of drafts of resolutions in the state and Russian languages, observance of rules of their authenticity.
10. Developed drafts of resolutions in the Kazakh and Russian languages together with explanatory notes and comparative tables to them (in cases of modification and (or) amendments in the existing resolution) are placed for public discussion on the Internet portal of open regulatory legal acts, and also on Internet resource of the state body developer.
11. According to the draft of the resolution having social value on Internet resource (website) the press release in the Kazakh and Russian languages, and in case of need - and in other languages in addition is placed.
It is necessary to understand the draft of the resolution which directly or indirectly affects the rights and interests of the person and society in general as the draft of the resolution having social value.
12. According to the drafts of resolutions concerning the rights, freedoms and obligations of citizens receipt of recommendations public councils compliance with requirements of article 20 of the Law "About Legal Acts" is necessary (further - the Law).
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