ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2016 No. 384

About approval of Rules of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims

For the purpose of implementation of article 41 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" the Government of the Republic of Kazakhstan decides:

1. Approve the enclosed Rules of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of August 15, 2002 No. 900 "About approval of Rules of control of publication of regulatory legal acts of the central and local state bodies" (SAPP of the Republic of Kazakhstan, 2002, No. 27, the Art. 296).

3. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of June 29, 2016 No. 384

Rules of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims

1. General provisions

1. These rules of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims determine procedure of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims, except for regulatory legal acts or their separate parts containing the state secrets and (or) other information for office use.

2. Official publication of regulatory legal acts of the central executive and other central state bodies the, and also maslikhats, akimats, audit committees and akims concerning the rights, freedoms and obligations of citizens of the Republic of Kazakhstan is the compulsory provision of their application.

3. Control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims is performed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry of Justice) and its territorial authorities.

4. In case of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims the staff of the Ministry of Justice and its territorial authorities are guided by article 4 of the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses", the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts", other regulatory legal acts and these rules.

5. Main objectives and tasks of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims are:

1) non-admission of application of regulatory legal acts of the central executive and other central state bodies the, and also maslikhats, akimats, audit committees and akims which are not published in the procedure established by the legislation;

2) identification and taking measures to elimination of violations of the current legislation concerning official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims;

3) rendering to the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims of the methodical help when implementing of official publication of regulatory legal acts by them.

2. Organization and control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims

6. Control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims is performed in the way:

1) monitoring of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims;

2) conducting checks of the compliance with law regulating official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims.

All acts issued by the checked subject during the period specified in the order on purpose of check, and which are subject to official publication are exposed to check.

Checks are performed according to the order of the Government of the Republic of Kazakhstan of December 14, 2012 No. 1596 "About approval of Rules of implementation of checks in the central state bodies, and also in maslikhats and akimats of the regulatory legal acts which are subject to state registration".

7. In case of control of official publication of regulatory legal acts of the central executive and other central state bodies, and also maslikhats, akimats, audit committees and akims it is necessary to pay attention on:

1) timeliness of the direction of regulatory legal acts on official publication;

2) timeliness and simultaneity of official publication of regulatory legal acts in the Kazakh and Russian languages;

3) completeness of statement of regulatory legal act in case of its official publication;

4) adherence to deadline of enforcement of regulatory legal act;

5) the measures taken by state body (official) for elimination of violations of the requirements provided by the current legislation to official publication of regulatory legal act.

8. In case of control the Ministry of Justice and its territorial authorities:

1) request from state bodies and the organizations, physical persons and legal entities materials and information, necessary for control, according to the procedure, stipulated by the legislation the Republic of Kazakhstan;

2) take the measures provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" and the Law of the Republic of Kazakhstan of March 18, 2002 "About judicial authorities".

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