LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 6, 2016 No. 480-V ZRK

About legal acts

This Law governs the public relations connected with procedure for development, representation, discussion, acceptance, registration, enforcement, change, amendment, termination, suspension of action and publication of legal acts of the Republic of Kazakhstan.

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) developing agency - the state bodies, local representative and executive bodies developing regulatory legal acts according to their competence established by the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts.

1-1) scientific legal examinations - the independent professional expert analysis of objects of scientific legal examination regarding assessment of their quality, justification, scientific development of the project, determination possible negative social and consequence in law of its acceptance, compliance of the offered regulations to system of the right and system of the legislation;

1-2) scientific legal experts - the physical person which is in the register of scientific legal experts;

1-3) registers of scientific legal experts - the list of the scientific legal experts involved to conducting scientific legal examination;

1-4) information systems "E-zannama" - the single system of law intended for carrying out the analysis (monitoring) the legislation of the Republic of Kazakhstan, and also automation of separate processes of rule-making;

2) provision - the regulatory legal act determining the status and powers of any state body;

3) the legal act of individual application - the written official document of authorized body realizing its powers which does not contain rules of law and is not connected with realization of the rights and obligations of physical persons and legal entities;

4) the law - the regulatory legal act which governs the major public relations establishes the fundamental principles and regulations provided by the Constitution of the Republic of Kazakhstan;

5) subordinate regulatory legal acts - others, not being legal acts, the regulatory legal acts published on basis and (or) in execution and (or) for further realization legislative and other regulatory legal acts, higher on hierarchy;

6) No. 157-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.11.2022

6-1) No. 157-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.11.2022

7) the legal act - the law making changes and additions to the Constitution of the Republic of Kazakhstan, the constitutional law, the code, the consolidated law, the law, the interim provision of the Government of the Republic of Kazakhstan which is valid the law, the resolution of Parliament of the Republic of Kazakhstan, the resolution of the Senate and Majilis of Parliament of the Republic of Kazakhstan;

8) legal examination - verification of the project of regulatory legal act or the adopted regulatory legal act regarding its compliance to the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan, legal method;

9) legal methods - set of methods, requirements and rules of execution of legal acts;

10) analogy of the law - application to not settled public relations of regulations of the laws governing the similar public relations;

11) code - the law in which the rules of law governing the uniform major public relations, the stipulated in Clause 8 these Laws are integrated and systematized;

12) the constitutional law - the law adopted on the questions provided by the Constitution of the Republic of Kazakhstan, according to the procedure, stipulated in Item 4 articles 62 of the Constitution of the Republic of Kazakhstan;

13) rules - the regulatory legal act determining procedure for the organization and implementation of any type of activity;

14) the State register of regulatory legal acts of the Republic of Kazakhstan - the single system of the state accounting of regulatory legal acts of the Republic of Kazakhstan containing details of regulatory legal acts and other data of directory nature on these acts;

15) Reference control bank of regulatory legal acts of the Republic of Kazakhstan - set of regulatory legal acts on paper and electronic system of regulatory legal acts in electronic form, data on which are entered in the state register of regulatory legal acts of the Republic of Kazakhstan;

16) the legislation of the Republic of Kazakhstan - set of the regulatory legal acts adopted in accordance with the established procedure;

17) the law making changes and additions to the Constitution of the Republic of Kazakhstan - the law adopted according to the procedure, stipulated in Item 3 Articles 62 and Item 1 of article 91 of the Constitution of the Republic of Kazakhstan;

18) the rule of law - the obligatory rule of conduct permanent or temporality, expected the repeated application extending to individually uncertain group of people within the regulated public relations;

19) the legal act - the written official document of the established form containing the rule of law, accepted on republican referendum or authorized body, or the decision of the form established by the law containing the individual imperious legal instruction;

19-1) Single system of legal information - system of centralized access to Reference control bank of regulatory legal acts of the Republic of Kazakhstan and the systematized database of regulatory legal acts of the Republic of Kazakhstan;

20) legal monitoring - the system of permanent observation, collection, information analysis about condition of the legislation of the Republic of Kazakhstan and practice of its application for the purpose of assessment and forecasting of efficiency of the legislation of the Republic of Kazakhstan, development of offers on its enhancement performed according to articles 50 and 51 of this Law;

21) analogy of the right - application to not settled public relations of sense of the legislation, the general principles of the right and the principles of specific industries of the right;

22) No. 272-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 25.11.2019;

23) No. 272-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 25.11.2019;

24) the substandard legal act - the decision of authorized body which is not containing the rule of law, accepted in the established written or other form within the competence, exercising the rights established by the legislation of the Republic of Kazakhstan and obligation of individually certain persons or explaining the regulations containing in regulatory legal act and also the legal act of individual application or the legal act in the field of system of state planning;

25) regulatory legal act - the written official document of the established form accepted on republican referendum or authorized body, establishing rules of law, changing, supplementing, stopping or stopping their action;

26)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

27) the Register of state registration of regulatory legal acts - the list containing number of state registration and details of the regulatory legal acts specified in subitems 6), 7), the 8) and 9) Item 2 of article 7 of this Law which underwent state registration in judicial authorities of the Republic of Kazakhstan;

28) the level of regulatory legal act - the place of regulatory legal act depending on its legal force in hierarchy of regulatory legal acts;

29) legal force of regulatory legal act - the characteristic of regulatory legal act determining obligation of its application to the corresponding public relations and also benefit or hierarchy in relation to other regulatory legal acts;

30) official publication of regulatory legal act - the publication for general data of the complete text of regulatory legal act in the Kazakh and Russian languages in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in electronic form, in official printing publications, and also in periodic printing editions in the cases provided by this law;

31) the act of official explanation of regulatory legal act - the written official document of the established form explaining the regulations containing in regulatory legal act, meeting the requirements and conditions specified in Chapter 13 of this Law;

32) the instruction - the regulatory legal act disaggregating application of the legislation in any sphere of the public relations;

32-1) pilot project - the procedure which is carried out by state body for the purpose of identification of result from the entered regulation;

32-2) subjects of regulation - persons to whom action of regulatory legal acts extends;

32-3) regulatory loading - financial burden of subjects of regulation in connection with establishment by the legislation of the Republic of Kazakhstan of the requirements obligatory for execution, including costs of time and human resources;

32-4) regulatory politicians - state regulation of the public relations by means of regulatory legal acts;

32-5) advisory document of regulatory policy (further - the advisory document) - the document of the established form which shall contain problems of state regulation in the specific sphere, way of their decision, the reasons for need of project development of the law and other provisions determined by the Government of the Republic of Kazakhstan;

33) the technical regulation - the regulatory legal act establishing requirements to products or to products and the related processes of its lifecycle, developed and applied according to the legislation of the Republic of Kazakhstan in the field of technical regulation or the international treaty ratified by the Republic of Kazakhstan;

34) authorized body - state bodies and officials of the Republic of Kazakhstan who have the right to adopt legal acts according to their competence established by the Constitution of the Republic of Kazakhstan, this Law, and also the legislation of the Republic of Kazakhstan determining legal status of these bodies and officials (The president of the Republic of Kazakhstan, Parliament of the Republic of Kazakhstan, Chamber of Parliament, the Government of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, Central Election Commission of the Republic of Kazakhstan, the Highest auditor chamber of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan, the central executive bodies, local representative and executive bodies, akims, other state bodies and officials);

35)  No. 217-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 21.01.2019;

36) the consolidated law - the law governing the public relations complex in character in spheres (areas), the stipulated in Article 9 these Laws.

Article 2. Coverage of this Law

1. This Law determines system of legal acts of the Republic of Kazakhstan, differentiates legal status of regulatory legal acts and substandard legal acts.

2. This Law does not regulate:

1) procedure for acceptance, change, amendment and cancellation of the Constitution of the Republic of Kazakhstan;

2) procedure for acceptance, change, amendment and cancellation of normative resolutions of the Constitutional Court of the Republic of Kazakhstan and Supreme Court of the Republic of Kazakhstan;

3) procedure for the conclusion, accomplishment, change, amendment and termination of international treaties of the Republic of Kazakhstan, except for the relations regulated by article 19 of this Law;

4) procedure for acceptance, change, amendment and cancellation of the legal acts of individual application established by the legislation of the Republic of Kazakhstan on administrative offenses, the legislation of the Republic of Kazakhstan on administrative legal proceedings, the criminal procedure and civil procedural legislation of the Republic of Kazakhstan;

5) procedure for planning, development, approval, registration, accounting, publication, monitoring and updating of the documents on standardization established by the legislation of the Republic of Kazakhstan in the field of standardization.

Article 3. General requirements to legal acts. Types of legal acts

1. Legal acts shall meet the following general requirements:

1) to contain normative or individual imperious legal instructions;

2) to be accepted on republican referendum or according to the procedure, established by this Law and other legal acts;

3) shall be directed to the uncertain group of people or to individually certain persons;

4) shall be directed to regulation of the public relations;

5) shall be directed to origin, change, amendment or the termination of the rights and obligations of physical and (or) legal entities.

2. Legal acts are subdivided into the following types:

1) regulatory legal acts;

2) substandard legal acts.

Chapter 2. Legislation of the Republic of Kazakhstan

Article 4. System of the legislation of the Republic of Kazakhstan, ensuring its integrity

1. The system of the legislation of the Republic of Kazakhstan is constituted by the Constitution of the Republic of Kazakhstan, legal acts corresponding to it, other regulatory legal acts, including normative resolutions of the Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan.

2. Integrity of system of the legislation of the Republic of Kazakhstan is provided by means of:

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