Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated July 13, 2023 No. 560 (it is put into effect after ten calendar days after the date of its first official publication).Footnote. The heading as amended by the Decree of the Government of the Republic of Kazakhstan dated 13.05.2021 No. 313.
In accordance with paragraph 6 of Article 35-1 of the Law of the Republic of Kazakhstan "On Legal Acts", the Government of the Republic of Kazakhstan HEREBY RESOLVES:
Footnote. Preamble - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).1. To approve the attached Rules for development, coordination and state registration of regulatory legal acts.
Footnote. Clause 1 as amended by the Decree of the Government of the Republic of Kazakhstan dated 13.05.2021 No. 313..
2. To recognize to be no longer in force certain decisions of the Government of the Republic of Kazakhstan according to annex to this decree.
3. This decree shall come into force from the date of its signing.
| Prime Minister | |
| of the Republic of Kazakhstan | B. Sagintayev |
| Approved by the Decree of the Government of the Republic of Kazakhstan dated October 6, 2016 No. 568 |
Rules for development, coordination and state registration of regulatory legal acts
Footnote. The Rules as amended by the Decree of the Government of the Republic of Kazakhstan dated 13.05.2021 No. 313.
Chapter 1. General provisions
1. These Rules for development, coordination and state registration of regulatory legal acts (hereinafter referred to as the Rules) have been developed in accordance with clause 6 of Article 35-1 of the Law of the Republic of Kazakhstan dated April 6, 2016 “On legal acts” (hereinafter referred to as the Law) and shall determine the procedure for development, coordination and state registration of the following regulatory legal acts:
1) regulatory legal resolutions of the Central Election Commission of the Republic of Kazakhstan, the Supreme Audit Chamber of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and other central state bodies;
2) regulatory legal orders of the ministers of the Republic of Kazakhstan and other heads of central state bodies;
3) regulatory legal orders of the heads of departments of central state bodies;
4) regulatory legal decisions of maslikhats, regulatory legal decrees of akimats, regulatory legal decisions of akims and regulatory legal decrees of revision commissions.
Central and local bodies, indicated in part one of clause 1 of these Rules, are the state bodies - developers. At the same time, the central bodies shall be understood the bodies, indicated in subclauses 1), 2) and 3) of this clause, and the local bodies shall be understood maslikhats, akimats, revision commissions and akims.
Footnote. Paragraph 1 as amended by Decree of the Government of the Republic of Kazakhstan dated February 13, 2023 No. 121 (shall be enforced ten calendar days after the day of its first official publication).2. The development and approval of draft by-laws with the heading "For official use" shall be carried out taking into account the specifics provided for by the Rules for classifying information as restricted official information and working with it, approved by the Decree of the Government of the Republic of Kazakhstan dated June 24, 2022 No. 429.
Footnote. Paragraph 2 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).Chapter 2. Procedure for development of draft regulatory legal acts of central and local bodies
Paragraph 1. Procedure for development of draft regulatory legal acts
3. The competence of central and local bodies on development of draft regulatory legal acts of central and local bodies shall be determined considering clause 4 of Article 18 and clause 3 of Article 34 of the Law.
4. Regulatory legal acts shall be developed in the Kazakh and Russian languages.
5. The quality of developing the draft regulatory legal acts, compliance with the norms of literary language, legal terminology and legal techniques, authenticity of texts in the Kazakh and Russian languages shall be ensured by state bodies - developers.
6. Prior to submission to the concerned state bodies and organizations for coordination on the draft regulatory legal act, providing for introduction of a regulatory instrument or tightening regulation in relation to business entities, central and local bodies shall perform a regulatory impact analysis considering the requirements of Articles 82 and 83 of the Entrepreneur Code of the Republic of Kazakhstan (hereinafter referred to as the Code).
In case of with the conclusions of the regulatory impact analysis, the authorized body for entrepreneurship or a local executive body of a region, city of republican significance, the capital, carrying out management in the field of entrepreneur ship, shall perform an alternative regulatory impact analysis.
Results of performed regulatory impact analyses shall be posted on public Internet resources.
7. On draft regulatory legal acts affecting the interests of business entities, the state body-developer shall ensure obtaining expert opinions from the National Chamber of Entrepreneurs of the Republic of Kazakhstan and members of the Expert Council under this body, in accordance with the procedure, determined by Article 19 of the Law.
The state body-developer, in agreement with the expert opinion, shall make appropriate amendments and (or) additions to the draft regulatory legal act.
In case of disagreement with the expert opinion, the state body-developer, within ten working days from the date of receipt of the expert opinion, shall send a response to the member of the expert council who gave this opinion and the National Chamber of Entrepreneurs of the Republic of Kazakhstan with a justification of the reasons for disagreement. Such a response shall be a mandatory annex to the draft regulatory legal act prior to its adoption.
8. The developed draft normative legal act shall be posted on the Internet portal of open normative legal acts for public discussion.
In the case of developing a draft regulatory legal act on the introduction of amendments and additions, a comparative table for this draft shall be posted on the Internet portal of open regulatory legal acts as well, indicating specific justifications with reference to higher regulatory legal acts, instructions from higher state bodies for each amendment made and / or an addendum highlighting the amendments to be made.
The placement of the developed project and the documents attached to it on the Internet portal of open regulatory legal acts shall be provided in the Kazakh and Russian languages.
Footnote. Paragraph 8 as amended by Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).9. On draft regulatory legal acts relating to the rights, freedoms and duties of citizens, the state body-developer shall ensure that the recommendations of the public council under this body are received in accordance with the procedure prescribed by Article 20 of the Law.
10. Draft regulatory legal acts, implementation of which may lead to negative impact on environment, shall be subject to mandatory state environment expertise.
11. Draft regulatory legal acts shall be mandatorily subject to scientific anticorruption expertise, except for the draft regulatory legal acts, on which, in accordance with the Law, the requirement on conducting scientific anticorruption expertise does not apply.
Paragraph 2. Execution of regulatory legal acts
12. Regulatory legal acts must have the following essential elements:
1) National Emblem of the Republic of Kazakhstan;
2) indication of the form of the act: order of the Minister; order of the head of the central state body; order of the head of department; decision of the central state body; maslikhat's decision; decision of the akimat; akim's decision; resolution of the revision commission and other form of regulatory legal act provided for by the Law;
3) heading indicating the subject of regulation of a regulatory legal act;
4) place and date of adoption of a regulatory legal act;
5) registration number of a regulatory legal act;
6) signatures of a person or persons authorized to sign regulatory legal acts;
7) indication of the date and number of the state registration of a regulatory legal act in regulatory legal acts, which are subject to state registration with the bodies of justice of the Republic of Kazakhstan;
8) official seal.
The essential element specified in subclause 1) of this clause, in case of electronic document flow, shall be placed on the electronic form itself.
The essential elements of a regulatory legal act, specified in subclauses 2) and 3) of this clause, in case of electronic document flow shall be placed on the registration control card of the Intranet portal of state bodies (hereinafter referred to as the IP SB) and on the electronic form.
The state body-developer (in case of development of a joint regulatory legal act - the main responsible state body - developer) shall indicate the position, surname and initials of the person authorized to sign the relevant regulatory legal act on the basis of Article 35 of the Law, or the person performing his duties, in the electronic registration control card.
The position, surname and initials of the person of the concerned state body coordinating the relevant regulatory legal act, or the person performing his duties, shall be indicated in the electronic registration control card, the essential elements of the concerned state body shall be indicated on the electronic form.
The essential element, specified in subclause 8) of this clause, in case of electronic document flow, shall be the electronic control card.
The essential elements, specified in subclauses 4), 5), 6) and 7) of this clause, in case of electronic document flow shall be placed in the electronic registration control card.
In case of paper workflow, when there is no access to IP SB or for regulatory legal acts marked with “For official use”, the essential elements and the text of a regulatory legal act shall be placed directly on a paper sheet.
A regulatory legal act on an electronic form and an electronic registration control card, as well as documents attached to a regulatory legal act in the form of separate files, shall constitute a single electronic document.
13. Derivative types of regulatory legal acts shall be executed as annexes to the main regulatory legal act taking into account the requirements of Article 28 of the Law.
Each page of both the main and derivative type of a regulatory legal act, including annexes, shall be numbered in the middle of the top margin of the sheet without punctuation.
The first page of the main type of a regulatory legal act shall not be numbered.
The main and the derivative type of a regulatory legal act must contain the continuous page numbering.
14. Clauses, chapters, paragraphs, sections, subsections shall be placed according to significance in a logical sequence, as well as subject to chronology of the stages of solution of a problem.
15. Clauses of a regulatory legal act may include subclauses, parts and items.
16. The heading of a regulatory legal act must specify the subject of regulation of the regulatory legal act being adopted.
17. In the title and in the text of a regulatory legal act, hyphenation of words by syllables shall not be allowed.
In electronic document flow, the heading shall be positioned in the middle of the top of the sheet.
In case of paper workflow, the heading in the main type a regulatory legal act must be placed in the upper left part of a sheet leaving space on the right side for a stamp on state registration of a regulatory legal act of at least 7.5 centimeters (hereinafter referred to as the cm) in width and at least 4 cm in length.
18. The heading of a regulatory legal act, which provides for amendments and (or) additions to a regulatory legal act, must contain a link to the form, date of adoption, registration number and heading of the act.
In the heading of a regulatory legal act, which provides for the introduction of amendments and additions to a regulatory legal act or regulatory legal acts, the words “amendment” or “amendments” shall be indicated first.
19. In cases where it is necessary to clarify the goals, grounds for the adoption of a normative legal act and the main tasks that it faces, the statement of the rules of law shall be preceded by an introductory part (preamble).
In the introductory part (preamble) of a normative legal act, references to the normative legal acts of the Republic of Kazakhstan, in the implementation of which this act is adopted, may be given.
The introductory part (preamble) shall not be set out in draft regulatory legal acts on the introduction of amendments and (or) additions to regulatory legal acts.
Footnote. Paragraph 19 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).20. Draft of regulatory legal acts shall be drawn up taking into account the following parameters (using a text editor with the "docx" extension):
1) margins on the left - 2.5 cm, margins on the right - 1.5 cm, headers and footers - 2.5 cm;
2) font - "Times New Roman" size No. 14 (in applications, a smaller font size can be used, but not less than No. 10);
3) line spacing - single;
4) paragraph indention (first line indent) - 1.25 cm.
Texts of regulatory legal acts must be clearly formulated and printed in a single font, without blots and corrections, spelling and grammatical errors.
21. In the text of a regulatory legal act, it shall not be allowed to highlight and underline individual words and phrases, except for the title, titles of paragraphs, chapters, subsections, sections, the words "JOINT RESOLUTION", "JOINT (JOINT) ORDER (DECISON)", "JOINT RESOLUTION and ORDER (DECISION)”, "I(WE) HEREBY ORDER", (“DECIDED (DECIDED)”, “DECREE (DECREE)”), position, initials and surname of the signatory, which are written in bold letters.
The words "I(WE) HEREBY ORDER", (“DECIDED (DECIDED)”, “DECREE (DECREE)”) shall be written in capital letters and their transfer by syllables shall not be allowed.
22. When referring to items, parts, lines and sentences, their numbering shall be indicated by ordinal numbers (in words).
23. When referring to a regulatory legal act, its form, date of adoption, registration number and title of this of a regulatory legal act shall be indicated in the following sequence.
When referring to a regulatory legal act, which passed the state registration, a number, under which it is registered in the register of state registration of regulatory legal acts shall be additionally indicated.
When referring to legislative acts, indication of the numbers under which they are registered, as well as the date of their adoption, shall not be required.
24. In the text of a regulatory legal act, when indicating the date, the name of the month shall be indicated in words, and the year shall be indicated in full, for example: “January 6, 2016”.
25. The structural element of a regulatory legal act can be supplemented with a note when the relevant instructions cannot be stated in the text of a regulatory legal act without prejudice to the meaning of the rule of law.
26. Regulatory legal acts adopted in the form of joint regulatory legal acts shall be drawn up without the use of official forms.
27. In the case when a regulatory legal act is adopted by two or more state bodies, the decisions of which are drawn up in the form of resolutions, the form of the act shall be indicated as “JOINT DECREE”.
In cases where regulatory legal acts are adopted by two or more state bodies, the decisions of which are drawn up in the form of orders (decisions), the form of the act shall be indicated as “JOINT (JOINT) ORDER (DECISION)”.
If a regulatory legal act is adopted by two or more state bodies, the decision of one of which is drawn up in the form of a decree, and the other in the form of an order (decision), the form of the act shall be indicated as: " JOINT DECREE and ORDER (DECISION)".
28. When executing joint act, adopted by two and more state bodies, the State Emblem of the Republic of Kazakhstan in this case must be positioned in the middle of the top of the first sheet.
The place and date of adoption, as well as the registration number of a regulatory legal act, must be positioned under each official name of the state body.
29. In case of paper workflow, signatures of the first heads of state bodies, or in case of their absence – persons, carrying out their obligations, shall be positioned in the end of the text of the main regulatory legal act.
30. When preparing regulatory legal acts that provide for the introduction of amendments and (or) additions to regulatory legal acts that have passed state registration, as well as declaring them invalid after the date of adoption, the registration number, the heading of these of regulatory legal acts in brackets in the text of a regulatory legal act shall indicate the number under which it is registered in the register of state registration of regulatory legal acts.
31. New structural elements, as well as applications, shall be included in the text of a regulatory legal act under subsequent serial numbers after the last structural element of the same type or between structural elements of the same type under additional numbers duplicating the numbers of those structural elements of a regulatory legal act, followed by, for example: clauses 2-1, 2-2; subclauses 8-1), 8-2); section 5-1; annexes 3-1, 3-2, 3-3.
In the event that a regulatory legal act is supplemented by an annex, a clause (subclause) shall be included in the text of a regulatory legal act on the addition of a regulatory legal act with an annex or a derivative type of regulatory legal act .
32. All amendments and (or) additions made to the same regulatory legal act shall be provided for by one clause or subclause. Regulatory legal acts, which are amended and (or) supplemented, shall be arranged depending on the proportion of their legal force, as well as in chronological order by the date of their adoption (publication).
With identical publication dates, regulatory legal acts shall be indicated in accordance with their registration numbers or Articles numbers in official publication sources.
33. When adopting of a regulatory legal act instead of the current one (s), the last one (s) must (should) be recognized (recognized) as having lost (invalid) force (in whole or in part).
Both the main regulatory legal act and the regulatory legal acts (or their structural elements), by which amendments and (or) additions were made to it, shall be subject to recognition as invalid.
34. When three or more of regulatory legal acts or their structural elements are recognized as invalid, a list shall be drawn up, executed in a separate application.
35. The list of regulatory legal acts or their structural elements, subject to recognition as invalid in connection with the adoption of a regulatory legal act, must be contained either in the regulatory legal act itself or in the act on the procedure for its entry into force.
36. If a large part of a regulatory legal act is recognized as invalid in a regulatory legal act, then the entire regulatory legal act shall be included in the list for recognition as invalid, with a reservation about the structural elements that retain their legal force.
If a smaller part of a regulatory legal act is recognized as invalid, then the list for invalidation shall include only those structural elements that contradict the newly adopted regulatory legal act or are absorbed by it.
In these cases, the volume of a regulatory legal act shall be determined in accordance with clause 9 of Article 26 of the Law.
37. Regulatory legal acts and structural elements of regulatory legal acts, which have expired, shall not be subject to recognition as invalid.
In the case when a regulatory legal act, along with the norms of law, the validity of which has expired, contains norms of law that are subject to recognition as invalid, the list shall include the entire regulatory legal act.
38. The structure of a regulatory legal act may include annexes.
If a regulatory legal act contains references to annexes, then the numbers of the annexes shall be indicated, assigned in the order in which the annexes are mentioned in the text of the act, except for cases when there is one annex to the regulatory legal act.
The reference to an annex must comply with the name of the annex itself.
39. If necessary, graphics, tables, diagrams, maps, lists and other supporting documents to the regulatory legal act shall be drawn up as separate annexes.
40. In the upper right corner of the first sheet of a derivative of a regulatory legal act or an annex to the main regulatory legal act, there must be an indication of the regulatory legal act in accordance with which it was approved, the date of adoption of the act and its registration number.
If there are two or more annexes to the main regulatory legal act, in the upper right corner of the first sheet of each annex its serial number shall be indicated, as well as the regulatory legal act in accordance with which it was approved, the date of adoption of the act and its registration number.
Chapter 3. Procedure of coordination of regulatory legal acts
41. Coordination of a regulatory legal act shall be carried out before its adoption in kind of a draft.
42. The drafts of the developed regulatory legal acts shall be sent for approval to the interested state bodies with the application of a comparative table of the previous and new editions and an indication of specific justifications concerning the norms of higher regulatory legal acts, instructions from higher state bodies for each amendment and/or addition and their allocation (in case of amendments and (or) additions to the current regulatory legal act).
In agreement with the recommendations received, comments and proposals of interested state bodies received during the approval, the state body developer shall send the finalized draft of the regulatory legal act for re-approval.
Footnote. Paragraph 42 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).43. Coordination of the draft regulatory legal act with interested state bodies and organizations shall be carried out by their competence, while such interest in the approval of the draft regulatory legal act is established based on the subject matter of the issues considered in it, as well as taking into account the requirements of the legislative acts of the Republic of Kazakhstan.
Draft of regulatory legal acts shall not be sent for approval to concerned organizations whose representatives have previously submitted their expert opinions as part of their participation in the composition of expert and public councils.
Footnote. Paragraph 43 as amended by Decree of the Government of the Republic of Kazakhstan dated 29.12.2022 No. 1093 (shall be enforced from 01.01.2023).44. After receiving the conclusions of expert councils, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, coordination with other interested organizations, as well as the authorized body for entrepreneurship, a draft regulatory legal act providing for the introduction of a regulatory instrument or tightening of regulation concerning business entities shall be submitted for consideration to the Interdepartmental Commission on the regulation of entrepreneurial activity under the Government of the Republic of Kazakhstan (hereinafter referred to as the Commission).
The developed project shall be accompanied by the results of the analysis of the regulatory impact and information about the placement on public Internet resources.
Footnote. Paragraph 44 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).45. The developed drafts of regulatory legal acts subject to state registration with the justice authorities based on Article 35-1 of the Law are subject to mandatory approval by the justice authorities before they are sent for state registration.
Draft regulatory legal acts of the central state bodies-developers shall be sent for mandatory approval to the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Justice).
Draft regulatory legal acts of local state bodies-developers shall be sent for mandatory approval to the territorial bodies of justice".
Footnote. Paragraph 45 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).46. When sent to the justice authorities, the developed draft shall be accompanied by the results of coordination with interested state bodies and organizations, expert opinions, recommendations, and a comparative table of the previous and new editions indicating reasoned justifications concerning the norms of higher regulatory legal acts, instructions from higher state bodies for each amendment and/or additions and their selection (in the case of amendments and/or additions to the current regulatory legal act), the results of public discussion, as well as expert examinations, the obligation of which is provided for by the Law and/or legislative act regulating legal relations in the relevant area, except for projects provided for in paragraph 53 of these Rules.
Footnote. Paragraph 46 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).47. Both a derivative form of a draft of a regulatory legal act and a draft of the main of a regulatory legal act, by which it is approved, shall be submitted for coordination.
48. When submitting to the bodies of justice, the draft of a regulatory legal act providing for the introduction of a regulatory instrument or tightening of regulation in relation to business entities shall be accompanied by the results of the regulatory impact analysis and / or alternative regulatory impact analysis and a protocol decision on its approval by the Commission.
When conforming with the received recommendations, comments and suggestions received during the approval, the state body-developer shall submit to the bodies of justice a finalized draft of a regulatory legal act.
In case of disagreement with the received recommendations and / or expert opinions, the developed draft shall be attached with the responses of the state body-developer to the interested bodies and organizations with appropriate justifications.
49. For approval by the judicial authorities and concerned state bodies and organizations within the framework of electronic document flow through IP SB, the developed draft and the documents attached to it shall be sent in *docx format in Kazakh and Russian, certified by the electronic digital signature (hereinafter referred to as the EDS) For approval by the judicial authorities and concerned state bodies and organizations within the framework of electronic document flow through IP SB, the developed draft and the documents attached to it shall be sent in *docx format in Kazakh and Russian, certified by the electronic digital signature (hereinafter referred to as the EDS) of the head, deputy head of the central or local body or head of the apparatus of the relevant local body or akim of the city of district significance, village, township, rural district, or a person exercising his/her responsibilities.
In case of paper workflow, the above documents shall be sent for approval with a cover letter.
Herewith, in the case of electronic document management, the project is coordinated by the head of the legal service of the state body developer using an EDS, and in the case of paper document flow, all sheets of the draft regulatory legal act are initialled by the specified official of the state body sending the relevant draft for approval, and in case of their absence, by the person executing their responsibilities.
Footnote. Paragraph 49 as amended by Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).50. In the absence of a legal service in the state body, the draft of a regulatory legal act shall be agreed upon (initialized) by the head of the relevant structural unit, determined by the person responsible for the approval of the relevant draft of a regulatory legal act, and in case of his absence, by the person exercising his/her responsibilities.
If there is no legal service in the local state body, the draft normative legal act is agreed upon (initialized) by the person performing the functions of a lawyer in this body, by the first head of the state body developer, or in their absence, by the person performing their duties.
Footnote. Paragraph 50 as amended by Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).51. Draft joint of regulatory legal acts, developed jointly by several authorized bodies, shall be sent for approval by the authorized body, determined by the main responsible for its development.
52. The coordination of the developed draft regulatory legal act by the justice bodies, interested state bodies and organizations shall be carried out within ten working days after the day of its receipt, unless another period is established by law.
If the interested state body or organization fails to respond within the prescribed period, the draft regulatory legal act shall be considered agreed upon without comments.
Herewith, the coordination of the developed draft regulatory legal act by the justice authorities shall be carried out after the approval of the developed draft regulatory legal act by all interested state bodies and organizations.
Footnote. Paragraph 52 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).53. Approval of a project developed in connection with temporary restrictive measures due to an unfavourable epidemiological situation, including quarantine, or in the implementation of decisions of the State Commission for Ensuring the State of Emergency under the President of the Republic of Kazakhstan, established in accordance with the Law of the Republic of Kazakhstan "On Emergency regulation" (hereinafter referred to as the State Commission), shall be made within one working day after the day of its receipt.
Footnote. Paragraph 53 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).54. Coordination of the draft of a regulatory legal act on the invalidation of a regulatory legal act shall be carried out within three working days after the day of its receipt.
55. Re-approval of the draft regulatory legal act, finalized taking into account the received recommendations, comments and suggestions, as well as in case of disagreement with them, shall be carried out within five working days after the day it is received for re-approval, and the projects specified in paragraph 53 of these Rules, within one business day.
If the interested state body or organization fails to respond within the prescribed period, the draft regulatory legal act shall be considered agreed upon without comments.
In case of disagreement with the received recommendations, comments and proposals, the state body- developer conducts conciliatory consultations with the relevant interested state bodies and/or organizations.
Footnote. Paragraph 55 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).56. Coordination in paper form with the concerned state bodies and the body of justice shall be carried out in the absence of access to IP SB and (or) sending the draft of a regulatory legal act marked “For official use”.
In the event that there was no access to IP SB due to technical reasons, the state developer shall take measures to formalize the results of coordination received in paper form in electronic form as an annex to the developed draft of a regulatory legal act with the application of an act on technical reasons.
57. Based on the results of consideration of the draft regulatory legal act, the justice authorities and the coordinating interested state body or organization shall submit one of the following response options:
1) agree without comments;
2) return for revision;
3) return for revision on legal technique;
4) refuse to agree.
Herewith, the return of projects for revision in legal technique shall be carried out by the justice authorities concerning projects based on comments related to non-compliance with legal technique and not entailing a change in the semantic content of the project. After completion, such drafts shall be sent to the justice authorities without re-approval from other interested bodies and organizations.
In the event of a response about a return for revision or refusal to approve, specific comments and (or) proposals shall be submitted with justifications and (or) proposed revisions of the relevant norms of the considered draft, which should be directly within the competence of the coordinating state body.
When agreed by the interested state bodies, the answers in electronic form shall be certified by the digital signature of the head, deputy head of the central or local body or the head of the apparatus of the relevant local body or akim of the city of district significance, village, township, rural district, or the person acting as such, and in paper form - the signature of the above officials.
When the bodies of justice agree on draft regulatory legal acts, the answer is certified by:
for the central authorities of the EDS of the Minister of Justice of the Republic of Kazakhstan or the Vice Minister of Justice of the Republic of Kazakhstan;
for local bodies of the EDS of the head of the territorial body of justice or the person performing his (or her) duties.
In the case of paper document management, the results of the approval of a regulatory legal act are drawn up in accordance with the Rules for Documentation, Document Management and the Use of Electronic Document Management Systems in State Bodies and Non-Governmental Organizations, approved by Decree of the Government of the Republic of Kazakhstan dated October 31, 2018 No. 703 (hereinafter referred to as the Documentation Rules).
Footnote. Paragraph 57 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).58. If corrections are made to the draft normative legal act that entails a change in its semantic content, the state body-developer re-approves the project to receive an answer on approval without comments.
After receiving a response on approval without comments from the justice authorities, the draft regulatory legal act shall be considered finally agreed upon and can be approved.
Footnote. Paragraph 58 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).59. Adoption shall be carried out in relation to the finally coordinated (without comments and reservations) draft of a regulatory legal act.
The adoption of a regulatory legal act within the framework of electronic document flow shall be carried out through IP SB or in case of paper workflow, where there is no access to IP SB and / or there is a mark “For official use”.
60. In the state body-developer, the adoption of a regulatory legal act within the framework of electronic document flow shall be certified by the EDS of the person authorized to sign the relevant regulatory legal act on the basis of Article 35 of the Law, or of the person exercising his/her responsibilities, based on a relevant act.
In case of paper workflow, the mentioned persons shall sign the paper sheet.
61. The adoption of a joint regulatory legal act within the framework of electronic document management shall be carried out by electronic approval by two or more state bodies that adopt this joint regulatory legal act, after preliminary approval of its draft.
The main responsible state body-developer, through IP SB, shall send a joint regulatory legal act to other authorized state bodies.
The documents specified in paragraph 46 of these Rules shall be attached to the joint regulatory legal act.
Footnote. Paragraph 61 as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).62. The adoption of a joint regulatory legal act shall be certified by the EDS of a person authorized to sign regulatory legal acts in accordance with Article 35 of the Law.
In the absence of the specified person, the legal act shall be certified by EDS of the person exercising his/her responsibilities, subject to the attachment of the relevant act of assignment of duties.
Marks on the adoption of a joint regulatory legal act through approval, as well as the date and number of the adoption of this joint act shall be indicated in the electronic registration control card opposite the words "NUMBER AND DATE OF ADOPTION OF RLA" and the official name of each authorized state body separately, previously included by the main responsible state body-developer in the electronic registration control card.
Filling in the electronic registration control card of the adopted joint regulatory legal act shall be carried out automatically under the control of the main responsible state body-developer.
63. The adoption of a joint regulatory legal act in paper form in the absence of access to IP SB and / or the presence of the mark "For official use" shall be certified by the signature of the head of the state body (state bodies) that adopts (adopt) this regulatory legal act.
In the absence of the head of the state body, the adoption of the relevant legal act shall be certified by the signature of the person exercising his / her responsibilities, with a copy of the act on the assignment of duties to the first head of the state body.
64. The signature of the head of the state body (state bodies) accepting (adopting) a normative legal act in paper form shall be confirmed by the official seal affixed after the name of the position of the person who signed the regulatory legal act.
This requirement shall also apply to adoption of joint regulatory legal acts.
65. In case of disagreement regarding a joint regulatory legal act before its adoption, conciliatory consultations shall be held within one working day.
The adoption of a joint regulatory legal act through coordination shall be made within three working days from the date of its receipt by IP SB.
66. The head of the legal service of the state body adopting the regulatory legal act, and in case of his absence, the person exercising his/her responsibilities, shall coordinate normative legal act using EDS.
If there is no legal service in the state body, the regulatory legal act shall be coordinated by the head of the relevant structural unit, determined by the person responsible for the approval of a regulatory legal act, in case of his/her absence, by the person exercising his/her responsibilities.
In the absence of a legal service in a local body, the regulatory legal act shall be coordinated by the person performing the functions of a lawyer in this body, or by the first head of the state body, or in his/her absence - by the person exercising his/her responsibilities.
In case of paper workflow, sheet-by-sheet initialing of the adopted of a regulatory legal act shall be performed by the head of the legal service of the body that adopted (coordinated) this act and in his / her absence – by the person exercising his / her responsibilities.
In the absence of the specified legal service, sheet initialing shall be carried out by the persons indicated in parts two and three of this clause of the Rules.
For of a regulatory legal act marked “For official use”, sheet initialing shall be carried out by the heads of legal services of the state body adopting the normative legal act and the approving state body, and in the absence of the head of the legal service or legal service, by the person specified in parts two or third of this clause of the Rules.
67. For the regulatory legal decision of the akim of a city of district significance, a village, a township, a rural district, sheet initialing shall be carried out by a person performing the functions of a lawyer in this body, or by an akim, or in his/her absence - person exercising his/her responsibilities.
Chapter 4. Procedure of state registration of regulatory legal acts
68. Adopted regulatory legal acts that are subject to state registration in accordance with Article 35-1 of the Law, shall be submitted to the bodies of justice for state registration.
State registration shall be carried out within five working days after the day of receipt by the bodies of justice from the state development body, and in the case of a joint of a regulatory legal act - after the day of receipt from the main responsible state body-developer.
State registration of a normative legal act adopted for the implementation of protocol decisions of the State Commission, as well as temporary resolutions of the Government of the Republic of Kazakhstan, having the force of law, developed in accordance with paragraph 15 of Article 17-1 of the Law of the Republic of Kazakhstan "On Legal Acts", shall be carried out within one working day after the date of receipt of such an act by the justice authorities.
Information about state registration of a regulatory legal act shall be recorded in the register of state registration of regulatory legal acts.
Maintaining the register of state registration of regulatory legal acts shall be made by the Ministry of Justice and its territorial bodies. Procedure for maintaining and the form of the register of state registration of regulatory legal acts shall be approved by the Ministry of Justice.
Footnote. Paragraph 68 as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).69. Regulatory legal acts specified in subparagraphs 1), 2), 3) and 4) of paragraph 1 of these Rules shall be submitted to the justice authorities in the Kazakh and Russian languages:
1) in electronic form through the information system of the intranet portal of state bodies - within one working day after their approval;
2) in paper form - within three working days after their approval.
Submission of regulatory legal acts adopted by collegiate state bodies and maslikhats shall not be more than seven working days after the day of the meeting of the collegial body or session of the maslikhat at which these acts were adopted.
In cases of approval of a normative legal act by the interested state bodies or the adoption of a joint act, the said act shall be submitted for state registration:
1) in electronic form through the information system of the intranet portal of state bodies - within one working day after the day of approval or signing by the last of the interested state bodies;
2) in paper form - within three working days after the date of approval or signing by the last of the interested state bodies.
In cases where the last of the interested bodies that agreed or signed the normative legal acts is a collegial state body or maslikhat, the deadline for submission shall be no more than seven working days after the day of the meeting of the collegial body or session of the maslikhat at which these acts were adopted or agreed upon.
Footnote. Paragraph 69 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).70. For state registration with the justice authorities, a regulatory legal act shall be submitted in the form of an electronic document in the following parts:
1) content of a regulatory legal act on an electronic form in *docx format;
2) the content of the attached files in the formats provided for by the Rules for Documentation;
3) essential elements part through the generated electronic registration control card.
71. For the state registration of a normative legal act in paper form in cases of lack of access to the information system of the intranet portal of state bodies and/or the presence of the mark "For official use", the original of the adopted normative legal act and two copies of it with the attachment of the documents provided for in paragraph 46 of these Rules.
In case of paper workflow, in the event of the adoption of a regulatory legal act by several state bodies, copies of this act shall be additionally submitted, corresponding to the number of other state bodies that have adopted this regulatory legal act.
Footnote. Paragraph 71 as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).72. The body that adopted the normative legal act shall attach the documents specified in paragraph 46 of these Rules.
Footnote. Paragraph 72 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).73. In the event of non-compliance with the formalization requirements established in these Rules, the regulatory legal act received for state registration shall be returned to the state developer body or the main responsible state developer body for revision.
The received normative legal act can be withdrawn directly by the state body-developer or the main responsible state body-developer to finalize it.
The finalization of the normative legal act shall be carried out within a period of no more than 5 working days, including the time for re-approval with the interested state bodies.
Footnote. Paragraph 73 - as amended by Decree of the Government of the Republic of Kazakhstan dated December 28, 2022 No. 1082 (shall be enforced ten calendar days after the day of its first official publication).74. The bodies of justice shall refuse state registration of a regulatory legal act in cases provided for in clause 4 of Article 35-1 of the Law, and shall send a letter in the form of an electronic document to the state authorities via IP SB indicating the reasons for the refusal.
In case of paper workflow, the letter on refusal in state registration of a regulatory legal act shall be executed on paper, and a copy of a regulatory legal act shall remain with the bodies of justice.
75. In the case of electronic document flow upon receipt of a refusal in state registration, the regulatory legal act shall be canceled by the state body-developer or state bodies authorized to adopt a joint of a regulatory legal act, and the relevant information is entered into the electronic registration control card within five working days after the day of refusal in state registration.
Collegial state bodies and maslikhats shall enter information about the cancellation of a regulatory legal act into the electronic registration control card within five working days after the day of approval at a regular (extraordinary) meeting or session.
In case of paper workflow, a copy of the act on the abolition of a regulatory legal act shall be submitted to the bodies of justice within the period specified in parts one and two of this clause of the Rules.
These terms shall be suspended in the event of an appeal against the received refusal in court.
76. After the elimination of the violations that served as the basis for the return, recall for revision, the bodies of justice shall perform the state registration of the revised of a regulatory legal act within three working days after the date of its receipt.
77. The date and number of state registration in the information system of the intranet portal of state bodies shall be assigned to a regulatory legal act in electronic form when a decision is made on the state registration of such an act for the central body - by the Minister of Justice of the Republic of Kazakhstan or his deputy (vice minister), for a local body - by the head of the territorial body of justice or by the person performing his duties, and are reflected in the electronic registration control card.
In the case of paper document management, the state registration of the relevant regulatory legal act shall also include the adoption of a decision for the central body - by the Minister of Justice of the Republic of Kazakhstan or the vice minister, for the local body - by the head of the territorial body of justice or a person acting as his/her duties, on state registration (approval of conclusions on state registration of a regulatory legal act) and affixing a stamp on the state registration of a regulatory legal act in the upper right corner of the first page of each copy of the original of the main regulatory legal act and its copies with the assignment of the number and date of registration.
In the case of paper document management, each sent copy of a normative legal act and its copy shall be accompanied by a conclusion on state registration of a normative legal act.
A copy of the registered regulatory legal act in paper form shall be stored in the justice authorities, and other copies shall be sent to the state body-developer (responsible state body-developer).
The forms of the conclusion and the stamp on the state registration of a normative legal act for normative legal acts in paper form shall be approved by the Minister of Justice of the Republic of Kazakhstan.
Footnote. Paragraph 77 - as amended by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2022 No. 1093 (shall be enforced from January 1, 2023).| Annex to the decree of the Government of the Republic of Kazakhstan dated October 6, 2016 no. 568 |
List of invalid certain decisions of the Government of the Republic of Kazakhstan
1. Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 773 "On approval of the Rules for execution and coordination of normative legal acts" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2006, no. 30, art. 326).
2. Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778 "On approval of the Rules for state registration of normative legal acts" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2006, no. 30, art. 330).
3. Decree of the Government of the Republic of Kazakhstan dated March 20, 2007 no. 217 "On amendments to certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2007, no. 9, art. 105).
4. Decree of the Government of the Republic of Kazakhstan dated October 12, 2007 no. 938 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2007, no. 38, art. 436).
5. Decree of the Government of the Republic of Kazakhstan dated October 28, 2007 no. 999 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 773" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2007, no. 41, art. 470).
6. Decree of the Government of the Republic of Kazakhstan dated September 14, 2009 no. 1370 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2009, no. 38, art. 376).
7. Decree of the Government of the Republic of Kazakhstan dated October 30, 2009 no. 1719 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 773" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2009, no. 46, art. 439).
8. Decree of the Government of the Republic of Kazakhstan dated December 13, 2010 no. 1347 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2011, no. 5, art. 60).
9. Paragraph 3 of amendments and additions, which are entered to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated September 16, 2011 no. 1067 " On amendments and additions and recognition as invalid the certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2011, no. 54, art. 767).
10. Paragraphs 2, 3 of amendments and additions, which are entered to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated April 11, 2013 no. 333 (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2013, no. 24, art. 389).
11. Subparagraphs 1), 2) of paragraph 4 of the decree of the Government of the Republic of Kazakhstan dated October 21, 2013 no. 1124 "On determining the Internet-resource, carrying out official publication of normative legal acts of the ministers of the Republic of Kazakhstan and other heads of central state bodies, heads of departments, normative legal decrees of central government bodies, normative decrees of the Central Election Commission, normative legal decisions of maslikhats, as well as normative legal decrees of akimats and normative legal decisions of akims, and amendments to certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2013, no. 62, art. 839).
12. Decree of the Government of the Republic of Kazakhstan dated November 8, 2013 no. 1173 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778 "On approval of the Rules for state registration of normative legal acts" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2013, no. 63, art. 860).
13. Paragraphs 8, 9 of amendments and additions, which are entered to certain decisions of the Government of the Republic of Kazakhstan and instructions of the Prime-Minister of the Republic of Kazakhstan dated February 2, 2009 no. 15-р "On further measures on improvement of the legislative activities", approved by decree of the Government of the Republic of Kazakhstan dated December 30, 2014 no. 1401 (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2014, no. 83-84, art. 722).
14. Decree of the Government of the Republic of Kazakhstan dated March 26, 2015 no. 157 "On amendments to the Decree of the Government of the Republic of Kazakhstan dated August 16, 2006 no. 778 "On approval of the Rules for state registration of normative legal acts" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, no. 15, art. 87).
15. Paragraph 3 of amendments and additions, which are entered to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated April 24, 2015 no. 288 "On amendments to certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, no. 24-25, art. 149).
16. Paragraph 3 of amendments, which are entered to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated December 28, 2015 no. 1088 "On amendments to certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, no. 72-73-74, art. 545).
17. Paragraph 2 of amendments and additions, which are entered to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated December 29, 2015 no. 1119.