Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 14, 2010 No. 938

About approval of Rules of conducting scientific examination according to international treaties which participant the Republic of Kazakhstan, and also according to drafts of international treaties intends to become

(as amended on 21-05-2014)

According to article 4 of the Law of the Republic of Kazakhstan of May 30, 2005 "About international treaties of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of conducting scientific examination according to international treaties which participant the Republic of Kazakhstan, and also according to drafts of international treaties intends to become.

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

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of September 14, 2010 No. 938

Rules of conducting scientific examination according to international treaties which participant the Republic of Kazakhstan, and also according to drafts of international treaties intends to become

These rules of conducting scientific examination according to international treaties which participant the Republic of Kazakhstan intends to become and also according to drafts of international treaties (further - Rules) are developed according to article 4 of the Law of the Republic of Kazakhstan of May 30, 2005 "About international treaties of the Republic of Kazakhstan" (further - the Law) for the purpose of increase in efficiency and quality of activities of state bodies concerning the conclusion, accomplishment, change and the termination of international treaties of the Republic of Kazakhstan.

1. General provisions

1. Scientific examination (legal, linguistic, ecological, financial and another) can be carried out according to the international treaty which participant the Republic of Kazakhstan intends to become, and also according to the draft of the international treaty (further - the international treaty or the draft of the international treaty).

2. The organization of conducting scientific examination of the international treaty or draft of the international treaty is assigned on authorized state bodies - developers (further - organizers of examination).

3. The decision on conducting scientific examination according to the international treaty or the draft of the international treaty can be accepted:

1) based on the order of the President of the Republic of Kazakhstan, the Head of Administration of the President of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the Head of Prime minister's department of the Republic of Kazakhstan;

2) at the initiative of deputies of Parliament of the Republic of Kazakhstan;

3) at the initiative of the central state body representing the offer on the conclusion of the international treaty and also according to offers of other central state bodies performing approval of the international treaty or draft of the international treaty.

4. Obligatory scientific legal and linguistic expertizes are carried out on ratification subjects:

to international treaties which participant the Republic of Kazakhstan intends to become, - before decision making about their ratification or accession to them by ratification;

to drafts of international treaties - before their signing.

Other types of scientific examinations (ecological, financial and another) are carried out depending on the legal relationship regulated by international treaties which participant the Republic of Kazakhstan, and also drafts of international treaties intends to become.

5. Scientific examination (except for scientific linguistic examination) the international treaty or the draft of the international treaty is carried out by the scientific organizations and (or) higher educational institutions of the corresponding profile, the experts involved from among scientists and specialists including foreign, except for persons who were taking part in preparation of the draft of the international treaty or initiation of the conclusion of the international treaty which participant the Republic of Kazakhstan intends to become (further - experts).

5-1. Scientific linguistic examination regarding authenticity of texts of international treaties and drafts of international treaties in the Kazakh and Russian languages is carried out by the authorized organization determined by the Government of the Republic of Kazakhstan.

2. Purposes of scientific examination

6. Scientific examination of the international treaty or draft of the international treaty is carried out for the purpose of, specified in Item 3 of article 4 of the Law.

7. When conducting scientific examination experts, the scientific organizations and (or) higher educational institutions of the corresponding profile reveal need of modification and amendments in the current legislation in case of participation of the Republic of Kazakhstan in the international treaty, and also answer other questions raised by the Organizer of examination.

3. Procedure and conditions of conducting scientific examination

8. Selection of experts for conducting scientific examination of international treaties or drafts of international treaties is performed according to the procedure, stipulated by the legislation the Republic of Kazakhstan about public procurements, except for conducting scientific linguistic examination regarding authenticity of texts in the Kazakh and Russian languages.

9. The procedure and conditions of conducting scientific examination are determined by the civil agreement and the employment contract signed between the organizer of examination and the expert according to the legislation of the Republic of Kazakhstan (further - the agreement).

4. Kinds of scientific examinations

10. According to the international treaty or the draft of the international treaty it can be carried out complex, independent, commission, repeated and additional scientific examinations.

Complex scientific expertize is carried out in cases when it is necessary to research the international treaty or the draft of the international treaty on the basis of different industries of knowledge.

Independent scientific expertize is carried out in cases when it is necessary to research the international treaty or the draft of the international treaty on the basis of one industry of knowledge.

Commission scientific examination of the international treaty or draft of the international treaty is carried out by the commission of experts of one specialty.

Repeated scientific examination of the international treaty or draft of the international treaty is carried out on the same questions in cases when the expert opinion by results of the previous scientific examination is insufficiently reasonable or its correctness raises doubts.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.