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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2016 No. 486

About approval of Rules of carrying out legal monitoring

(as amended on 13-09-2022)

According to item 4 of article 50 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 carrying out legal monitoring.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

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

Prime Minister of the Republic of Kazakhstan

K. Masimov

 

Approved by the Order of the Government of the Republic of Kazakhstan of August 29, 2016 No. 486

Rules of carrying out legal monitoring

Chapter 1. General provisions

1. These rules of carrying out legal monitoring (further - Rules) are developed according to item 4 of article 50 of the Law of the Republic of Kazakhstan "About legal acts" (further - the Law) and determine procedure for carrying out legal monitoring by state bodies of the regulatory legal acts adopted by them and (or) developers of which they were, or being within their competence.

2. Legal monitoring is carried out for the purpose of identification in the adopted regulatory legal acts of contradictions to the legislation of the Republic of Kazakhstan, duplications, gaps, inefficiently implementable, obsolete and corruptogenic rules of law and developments of offers on their enhancement by forecasting, the analysis, efficiency evaluation of realization of the adopted regulatory legal acts.

3. Act as object of legal monitoring:

1) the new constitutional laws, codes, the consolidated laws, the laws;

2) other regulatory legal acts.

For the purpose of carrying out legal monitoring in these Rules the constitutional laws, codes, the consolidated laws, the laws adopted in the new edition, and also again adopted constitutional laws, codes, the consolidated laws, the laws, the laws on modification and amendments in legal acts within five years from the date of their acceptance are considered as new.

Other regulatory legal acts which are subject to carrying out legal monitoring are understood as the following:

1) the constitutional laws, codes, the consolidated laws, the laws, except for the new constitutional laws, codes, the consolidated laws, the laws;

2) normative legal presidential decrees of the Republic of Kazakhstan;

3) normative legal orders of the Government of the Republic of Kazakhstan;

4) normative legal resolutions of Central Election Commission of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and other central state bodies of the Republic of Kazakhstan, normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies of the Republic of Kazakhstan, normative legal orders of heads of departments of the central state bodies of the Republic of Kazakhstan;

5) normative legal decisions of maslikhats, normative legal resolutions of akimats, normative legal decisions of akims and normative legal resolutions of audit committees.

Legal monitoring is not carried out on the following regulatory legal acts:

1) the regulatory legal acts which voided in the procedure established by the law;

2) regulatory legal acts about modification and amendments, except for the laws on modification and amendments in legal acts under which legal monitoring is carried out within five years from the date of introduction them to action;

3) the regulatory legal acts determining internal organizational matters of state bodies;

4) normative resolutions of the Constitutional Council of the Republic of Kazakhstan, Supreme Court of the Republic of Kazakhstan;

5) regulatory legal acts about approval of the republican budget, the guaranteed transfer from National fund of the Republic of Kazakhstan, amounts of transfers of general nature between republican and regional budgets, budgets of the cities of republican value, the capital, and also regulatory legal acts about modification and/or amendments in them;

6) regulatory legal acts about ratification and denouncement of international treaties.

Legal monitoring on the regulatory legal acts containing the state secrets and other secret protected by the law and also the regulatory legal acts having marks "For office use" "Without publication in seals", "Not for seal", is carried out according to the decision and according to the procedure, determined by the first head of state body.

4. Monitoring of normative legal presidential decrees of the Republic of Kazakhstan is conducted on permanent basis by the state bodies which are their developers, according to the procedure, No. 976 established by the Presidential decree of the Republic of Kazakhstan of April 27, 2010 "About approval of Rules of preparation, coordination and representation for consideration to the President of the Republic of Kazakhstan of the draft of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, preparation, coordination, representation for the signature of drafts of acts and orders of the President of the Republic of Kazakhstan, implementation of the president's letter of the Republic of Kazakhstan to the people of Kazakhstan, control of execution of acts and orders of the President of the Republic of Kazakhstan, and also the orders containing in decisions of the Security Council of the Republic of Kazakhstan and Assembly of the people of Kazakhstan, carrying out monitoring of normative legal presidential decrees of the Republic of Kazakhstan".

5. Legal monitoring is carried out by structural divisions of state bodies concerning the regulatory legal acts adopted by them and (or) developers of which they were, or being within their competence.

When carrying out legal monitoring state bodies have the right to attract the public and scientific organizations, citizens according to the procedure, established by the legislation of the Republic of Kazakhstan.

6. In state bodies coordination of activities of divisions for legal monitoring is performed by legal services, in case of their absence - the structural divisions determined by the head of state body (further - legal services).

7. Coordination of activities of state bodies for legal monitoring is performed by judicial authorities of the Republic of Kazakhstan.

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