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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

(The last edition from 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 coordination 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.

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