Footnote. Has become invalid by the Decree of the Government of the Republic of Kazakhstan dated April 21, 2022 No. 238 (shall be enforced ten calendar days after the day of its first official publication).
In accordance with Article 20, paragraph 6 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On international treaties of the Republic of Kazakhstan," the Government of the Republic of Kazakhstan hereby RESOLVED as follows:
1. Approve the attached Rules for monitoring the implementation of international treaties of the Republic of Kazakhstan.
2. This resolution shall enter into force from the date of its signing.
| Prime Minister | |
| of the Republic of Kazakhstan | К. Massimov |
| Approved by the Resolution of the Government of the Republic of Kazakhstan dated October 30, 2010 № 1141 |
Rules
for monitoring of ensuring the implementation of international treaties of the Republic of Kazakhstan
1. General provisions
1. These Rules for monitoring of ensuring the implementation of international treaties of the Republic of Kazakhstan (hereinafter referred to as the Rules) shall have been developed in accordance with Article 20, paragraph 6 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On international treaties of the Republic of Kazakhstan" and shall determine the procedure for monitoring of ensuring the provision of state bodies of the Republic of Kazakhstan directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as the central executive bodies of the Republic of Kazakhstan (hereinafter referred to as the central state bodies) obligatory and conscientious fulfillment of obligations and exercise of the rights of the Republic of Kazakhstan arising from international treaties of the Republic of Kazakhstan that have entered into force.
2. Coordination of the activities of state bodies for monitoring of ensuring the implementation of international treaties of the Republic of Kazakhstan shall be carried out by the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the authorized body), the competence of which shall include general monitoring and control over the implementation of international treaties.
2. Monitoring of international treaties
3. In state bodies, monitoring of ensuring the implementation of international treaties of the Republic of Kazakhstan (hereinafter referred to as monitoring of international treaties) shall be carried out by structural subdivisions determined by the head of the central state body (hereinafter referred to as the subdivisions).
Footnote. Paragraph 3 in the wording of the resolution of the Government of the RK dated 18.03.2021 № 145 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).4. Monitoring of international treaties shall be carried out by the subdivisions on permanent basis under international treaties, in respect of which the relevant central state body made a proposal for conclusion, as well as those concluded earlier on issues within the competence of this central state body.
5. The central state bodies shall annually, no later than November 10, submit to the authorized body information on:
1) on the progress of implementation of international treaties that have entered into force during the current year;
2) on the progress in the implementation of domestic procedures under signed and non-entered into force international treaties, the contracting party of which shall be the Republic of Kazakhstan, including the reasons for their non-compliance.
Information on international treaties that have entered into force shall contain:
1) analysis of monitoring of ensuring the rights belonging to the Republic of Kazakhstan arising from international treaties, as well as the fulfillment of their obligations by other parties to international treaties;
2) proposals for resolving problematic issues identified during the implementation of international treaties.
6. When monitoring international treaties, central state bodies shall analyze:
1) provisions of international treaties regulating issues related to the competence of the relevant central state body;
2) regulatory legal acts of the Republic of Kazakhstan related to the subject of regulation of international treaties;
3) information (including statistical data) on ensuring the fulfillment of obligations and the implementation of the rights of the Republic of Kazakhstan arising from international treaties, as well as on the fulfillment of these obligations by other parties to international treaties;
4) publications in the media and on Internet resources in public telecommunication networks regarding the implementation of international treaties;
5) periodic reports (reports) of the Republic of Kazakhstan, if available, submitted to international organizations to ensure the fulfillment of obligations and the implementation of the rights of the Republic of Kazakhstan arising from international treaties;
6) recommendations of international organizations, international experts and non-governmental organizations on ensuring the implementation of international treaties, including those received through diplomatic channels following the results of the protection of the above periodic reports of the Republic of Kazakhstan;
7) recommendations and proposals of consultative and advisory bodies under the Government of the Republic of Kazakhstan and the President of the Republic of Kazakhstan to ensure the implementation of international treaties.
7. The information is submitted to the authorized body in electronic and paper media in Kazakh and Russian languages, signed by the head of the central state body.
Footnote. Paragraph 7 in the wording of the resolution of the Government of the RK dated 18.03.2021 № 145 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).3. Coordination of international treaties
8. The authorized body summarizes and analyzes the information provided by the central state bodies and, based on the results of the analysis, sends a summary information, including a foreign policy assessment, to the Office of the Prime Minister of the Republic of Kazakhstan (hereinafter referred to as the Office of the Prime Minister) once a year no later than December 10.
9. The authorized body shall attach to the summary information, if any, copies of the recommendations of international organizations.
10. The Office of the Prime Minister shall submit the consolidated information to the Administration of the President of the Republic of Kazakhstan in accordance with the procedure, the Rules for the preparation of information on the implementation of international treaties of the Republic of Kazakhstan and its submission to the President of the Republic of Kazakhstan, as well as the coordination of draft decisions of international organizations to which the Republic of Kazakhstan is a party, and their implementation, preparation of international events of the Republic of Kazakhstan with the participation of the President of the Republic of Kazakhstan, implementation of the agreements reached, interaction with international judicial bodies and coordination of international activities of state bodies of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated August 12, 2010 No. 1037.
Footnote. Paragraph 10 in the wording of the resolution of the Government of the RK dated 18.03.2021 № 145 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).11. The authorized body places the results of the annual analysis and generalization of monitoring of international treaties carried out by central state bodies on its Internet resource.
12. The implementation of clauses 8-10 of these Rules is carried out using a unified electronic document management system in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
