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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 23, 2015 No. 139

About approval of the Procedure for carrying out monitoring and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic

For the purpose of improvement of quality and efficiency of regulatory legal acts of the Government of the Kyrgyz Republic, according to article 33-1 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", being guided by articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for carrying out monitoring and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic (further - the Procedure) according to appendix.

2. To the ministries, state committee and administrative departments:

- in two weeks to approve plans of carrying out monitoring and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic for 2015 in the supervised directions;

- on permanent basis to perform monitoring and assessment of regulatory legal acts of the Government of the Kyrgyz Republic according to requirements of the Procedure;

- annually, till the January 15 following the accounting period to post information on results of the carried-out monitoring on the websites and to send to Government office of the Kyrgyz Republic;

- submit in accordance with the established procedure for consideration of the Interdepartmental commission under the Ministry of Justice of the Kyrgyz Republic on inventory count of regulatory legal acts the projects of regulatory legal acts developed following the results of the carried-out monitoring.

3. This resolution becomes effective after fifteen days from the date of official publication.

4. To impose control of execution of this resolution on the relevant departments of Government office of the Kyrgyz Republic.

Prime Minister

J. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of March 23, 2015, No. 139

Procedure for carrying out monitoring and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic

1. This Procedure for carrying out monitoring and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic determines rules of implementation of monitoring and efficiency evaluation of action of regulatory legal acts of the Government of the Kyrgyz Republic (further - monitoring).

2. In this Procedure monitoring is understood as the systematic analysis and efficiency evaluation of regulatory legal acts of the Government of the Kyrgyz Republic (further - regulatory legal acts) performed by executive bodies.

3. Object of monitoring are:

- regulatory legal act;

- set of the regulatory legal acts regulating certain sphere of the public relations.

4. Monitoring of regulatory legal acts is carried out for the purpose of:

- detection of the obsolete and corruptogenic rules of law contradicting the legislation of the Kyrgyz Republic, efficiency evaluations of their realization;

- determinations of sufficiency of legal regulation and identification of declarative regulations;

- elimination of contradictions between regulatory legal acts of equal legal force, internal contradictions, and also gaps in legal regulation;

- reductions of regulatory legal acts in compliance with again adopted regulatory legal acts having higher legal force;

- warnings of pronouncement of acts of public prosecutor's response to regulatory legal acts, and also decision makings by judicial authorities of recognition of regulatory legal acts unconstitutional, invalid.

5. The principles of monitoring are:

- transparency and objectivity of carrying out monitoring;

- systemacity;

- publicity;

- comprehensiveness of the analysis of regulatory legal acts;

- relevance and accuracy of the information, used when carrying out monitoring;

- argumentativeness of conclusions.

6. The main objectives of monitoring are:

- reflection of condition of regulatory legal acts;

- studying of opinion of state bodies, civil society, legal entities concerning relevance, efficiency, execution and application of regulatory legal acts;

- identification of the regulatory legal acts requiring reduction in compliance with the legislation and also declarative and obsolete rules of the right;

- identification of the public relations requiring settlement by regulatory legal acts;

- development of suggestions for improvement of regulatory legal acts.

7. Monitoring types:

- industry - carried out for receipt of information on condition and application of the regulatory legal acts regulating certain branch of law;

- dot - carried out for receipt of information on condition and application of specific regulatory legal act.

8. Monitoring is performed in the way:

- analysis of regulatory legal act;

- analytical generalization of data of law-enforcement and court practice on action of regulatory legal act;

- holding polls concerning content and action of regulatory legal acts;

- analytical generalization of addresses of citizens and legal entities on the questions affecting action of regulatory legal act;

- exchange between state bodies information on action of regulatory legal acts.

9. When implementing monitoring information on practice of application of regulatory legal acts on the following indicators is generalized and analyzed:

- observance of the guaranteed rights, freedoms and legitimate interests of man and citizen;

- availability of regulatory legal acts which need of acceptance (edition) is provided by the regulatory legal acts having higher legal force;

- observance of limits of competence of the Government of the Kyrgyz Republic in case of the edition of regulatory legal act;

- compliance of regulatory legal act to the international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic, and also to higher regulatory legal acts;

- availability in regulatory legal act of corruptogenic factors;

- completeness of legal regulation of the public relations;

- availability of collisions of rules of law;

- availability of errors of yuridiko-technical nature;

- use of the regulations allowing to interpret broadly competence of executive bodies, declarative and obsolete rules of the right;

- quantity and contents of the addresses connected using regulatory legal act including with the available collisions and gaps in legal regulation, distortion of meaning of provisions of regulatory legal act and violations of uniformity of its application.

10. Executive bodies perform monitoring of the regulatory legal acts regulating the sphere of their activities.

Monitoring is carried out according to the plan, approved as the head of executive body, at least once a year. Monitoring is carried out with involvement of experts and representatives of civil society.

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