of August 25, 2011 No. 964
About approval of Rules of carrying out legal monitoring of regulatory legal acts
According to Item 2 of article 43-1 of the Law of the Republic of Kazakhstan "About regulatory legal acts" of March 24, 1998 the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of carrying out legal monitoring of regulatory legal acts.
2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of August 25, 2011 No. 964
1. These rules of carrying out legal monitoring of regulatory legal acts (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts".
2. Rules establish procedure for carrying out legal monitoring by state bodies concerning the regulatory legal acts adopted by them and (or) developers of which they were, and also the acts which are within their competence.
3. These rules do not extend to normative legal presidential decrees of the Republic of Kazakhstan, and also the regulatory legal acts or their separate parts containing the state secrets and (or) office information.
4. Legal monitoring of regulatory legal acts is carried out on permanent basis, on collection, assessment, information analysis about condition of the legislation of the Republic of Kazakhstan, and also according to the forecast of dynamics of its development and practice of application for the purpose of detection of the obsolete and corruptogenic rules of law contradicting the legislation of the Republic of Kazakhstan, efficiency evaluation of their realization.
5. Acts as object of legal monitoring:
1) regulatory legal act;
2) set of the regulatory legal acts regulating the certain sphere of the public relations.
6. Legal monitoring of regulatory legal acts is conducted by structural divisions of authorized bodies concerning the regulatory legal acts developed and (or) accepted by the relevant authorized body (including under earlier adopted acts which realization is enabled by authorized body).
7. In case of regulation one legal act of competence of several state bodies, analysis results of the regulatory legal acts received within the legal monitoring which is carried out by state bodies go to the Ministry of Justice of the Republic of Kazakhstan.
The Ministry of Justice of the Republic of Kazakhstan generalizes the provided information and submits it for consideration of the Interdepartmental commission on questions of bill activities.
In case of identification by authorized body of the inappropriate, contradicting or obsolete rules regulating the questions which are not entering competence of this authorized body it sends relevant proposals to authorized body which object of activity is regulated by these regulations.
8. In authorized bodies coordination of activities of divisions for legal monitoring of regulatory legal acts is performed by legal services, in case of their absence - the structural divisions determined by the head of authorized body (further - the relevant structural divisions).
9. Coordination of activities of authorized bodies for legal monitoring of regulatory legal acts is performed by the Ministry of Justice of the Republic of Kazakhstan. For this purpose the Ministry of Justice of the Republic of Kazakhstan develops and approves methodical recommendations about carrying out legal monitoring of regulatory legal acts.
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