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).In accordance with paragraph 4 of Article 50 of the Law of the Republic of Kazakhstan dated April 6, 2016 "On Legal Acts", the Government of the Republic of Kazakhstan RESOLVES:
1. To approve the attached Rules of conducting legal monitoring.
2. To invalidate some resolutions of the Government of the Republic of Kazakhstan in accordance with the appendix to this resolution.
3. This resolution shall be enforced from the date of its signing.
| Prime Minister | |
| of the Republic of Kazakhstan | K. Massimov |
| Approved by Resolution No. 486 of the Government of the Republic of Kazakhstan dated August 29, 2016 |
The Rules for conducting legal monitoring
Footnote. Rules - as amended by Decree of the Government of the Republic of Kazakhstan dated 10.08.2021 No. 544 (refer to Paragraph 2 for the procedure for enactment).
Chapter 1. General Provisions
1. These Rules for conducting legal monitoring (hereinafter referred to as the Rules) have been developed in accordance with paragraph 4 of Article 50 of the Law of the Republic of Kazakhstan "On Legal Acts" (hereinafter referred to as the Law) and shall determine the procedure for conducting legal monitoring by state bodies of regulatory legal acts adopted by them, and (or) the developers of which they were, or related to their competence.
2. Legal monitoring shall be carried out to identify contradictions in the adopted normative legal acts with the legislation of the Republic of Kazakhstan, duplications, gaps, inefficiently implemented, outdated and corruptible norms of law and develop proposals for their improvement by forecasting, analyzing, evaluating the effectiveness of the implementation of the adopted normative legal acts.
3. The objects of legal monitoring shall be:
1) new constitutional laws, codes, consolidated laws, laws;
2) other regulatory legal acts.
To conduct legal monitoring in these Rules, constitutional laws, codes, consolidated laws, laws adopted in a new edition, as well as newly adopted constitutional laws, codes, consolidated laws, laws, laws on amendments and additions to legislative acts within five years from the date of their adoption shall be considered new.
Other regulatory legal acts subject to legal monitoring shall include the following:
1) constitutional laws, codes, consolidated laws, laws, except for new constitutional laws, codes, consolidated laws, laws;
2) regulatory legal decrees of the President of the Republic of Kazakhstan;
3) regulatory legal resolutions of the Government of the Republic of Kazakhstan;
4) regulatory legal resolutions of the Central Election Commission of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and other central state bodies of the Republic of Kazakhstan, regulatory legal orders of the ministers of the Republic of Kazakhstan and other heads of the central state bodies of the Republic of Kazakhstan, regulatory legal orders of the heads of departments of the central state bodies of the Republic of Kazakhstan;
5) regulatory legal decisions of maslikhats, regulatory legal resolutions of akimats, regulatory legal resolutions of akims and regulatory legal resolutions of audit commissions.
Legal monitoring shall not be carried out on the following regulatory legal acts:
1) normative legal acts that have become invalid in accordance with the procedure established by law;
2) regulatory legal acts on amendments and additions, except for laws on amendments and additions to legislative acts, legal monitoring of which is carried out within five years from the date of their entry into force;
3) regulatory legal acts that determine the internal organizational issues of state bodies;
4) regulatory resolutions of the Constitutional Court of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan;
5) regulatory legal acts on the approval of the republican budget, a guaranteed transfer from the National Fund of the Republic of Kazakhstan, the volume of transfers of a general nature between the republican and regional budgets, budgets of cities of republican significance, the capital, as well as regulatory legal acts on amendments and/or additions to them;
6) normative legal acts on ratification and denunciation of international treaties.
Legal monitoring of regulatory legal acts containing state secrets and other secrets protected by law, as well as regulatory legal acts marked "For official use", "Without publication in the press", or "Not for publication", shall be carried out by decision and in the manner determined by the first head of the state body.
Footnote. Paragraph 3 as amended by Decree of the Government of the Republic of Kazakhstan dated 09.02.2023 No. 103 (shall be enforced ten calendar days after the day of its first official publication).4. Monitoring of regulatory legal decrees of the President of the Republic of Kazakhstan shall be carried out on an ongoing basis by state bodies that are their developers, in the manner established by Decree of the President of the Republic of Kazakhstan dated April 27, 2010 No. 976 "On approval of the Rules for the preparation, approval and submission of a project to the President of the Republic of Kazakhstan messages of the President of the Republic of Kazakhstan to the people of Kazakhstan, preparation, approval, submission for signature of draft acts and instructions of the President of the Republic of Kazakhstan, implementation of the message of the President of the Republic of Kazakhstan to the people of Kazakhstan, control over the execution of acts and instructions of the President of the Republic of Kazakhstan, as well as instructions contained in the decisions of the Security Council of the Republic of Kazakhstan and the Assembly of the People of Kazakhstan, monitoring the regulatory legal decrees of the President of the Republic of Kazakhstan".
5. Legal monitoring shall be carried out by structural subdivisions of state bodies concerning normative legal acts adopted by them and (or) the developers of which they were, or related to their competence.
When conducting legal monitoring, state bodies shall have the right to involve public and scientific organizations, and citizens in the manner prescribed by the legislation of the Republic of Kazakhstan.
6. In state bodies, the activities of legal monitoring units shall be coordinated by legal services, in case of their absence, by structural units determined by the head of the state body (hereinafter referred to as the Legal services).
7. Coordination of the activities of state bodies on legal monitoring shall be carried out by the bodies of justice of the Republic of Kazakhstan.
8. The list of normative legal acts subject to legal monitoring and the responsible state body on them, as well as the terms for conducting legal monitoring, are established in accordance with the registers of normative legal acts in accordance with the terms established by these Rules, as well as the schedules for conducting legal monitoring of state bodies.
Footnote. Paragraph 8 - as amended by the Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).9. To assess the effectiveness of the implementation of the adopted regulatory legal acts, state bodies shall carry out an analysis of the degree of stability of laws.
Chapter 2. Procedure for maintaining registers of regulatory legal acts and approving the schedule for legal monitoring
10. To collect, record and store information on regulatory legal acts, legal services of state bodies maintain registers of regulatory legal acts subject to legal monitoring (hereinafter referred to as Registers), separately concerning:
1) legislative acts of the Republic of Kazakhstan (except for normative legal acts that have become invalid, on the introduction of amendments and/or additions, ratification and denunciation of international treaties);
2) normative legal resolutions of the Government of the Republic of Kazakhstan (except for resolutions on approval, adoption of international treaties and accession to them);
3) regulatory legal resolutions of the Central Election Commission, the Supreme Audit Chamber of the Republic of Kazakhstan, the National Bank and other central state bodies;
4) normative legal orders of the ministers of the Republic of Kazakhstan and other heads of central state bodies;
5) normative legal orders of heads of departments of central state bodies;
6) regulatory legal decisions of maslikhats, regulatory legal resolutions of akimats, regulatory legal resolutions of akims, regulatory legal resolutions of audit commissions in accordance with Annex 1 to these Rules.
Footnote. Paragraph 10 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).11. Central state bodies shall maintain registers according to the legislative acts of the Republic of Kazakhstan developed by them or related to their competence, regulatory legal decrees of the Government of the Republic of Kazakhstan, acts of central state bodies adopted by them in electronic form in the state and Russian languages.
Maslikhats, akimats and audit commissions maintain registers of acts of local government bodies in electronic form in the state and Russian languages.
Entering information into the registers by state bodies shall be carried out no later than ten working days after the entry into force of regulatory legal acts.
12. According to the legislative acts of the Republic of Kazakhstan and regulatory legal resolutions of the Government of the Republic of Kazakhstan, subject to legal monitoring, the Ministry of Justice maintains unified registers in electronic form (hereinafter referred to as the Unified registers) with the assignment of responsible state bodies in the form in accordance with Annex 2 to these Rules.
Maintaining unified registers shall be carried out by structural divisions of the Ministry of Justice of the Republic of Kazakhstan.
13. To ensure the completeness of legal monitoring, state bodies shall quarterly, before the 10th day of the month following the reporting quarter, send to the Ministry of Justice of the Republic of Kazakhstan information on the information entered into the registers separately for each form of a regulatory legal act for verification with unified registers (except for normative legal acts that have passed state registration with the justice authorities).
Footnote. Paragraph 13 - as amended by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).14. To ensure the conduct of legal monitoring, the state body shall maintain a schedule for conducting legal monitoring (hereinafter referred to as the Schedule) for the coming calendar year in the form, in accordance with Annex 3 to these Rules, broken down by months and indicating the list of regulatory legal acts in respect of which it will be carried out legal monitoring.
The schedule of legal monitoring shall be approved by the head of the apparatus of the state body or other official in charge of the legal service.
Central state bodies no later than ten working days from the date of approval of the schedule or introduction of changes and (or) additions to the schedule ensure that it is sent to the Ministry of Justice of the Republic of Kazakhstan no later than December 20 of the current year.
The schedule shall provide for specific deadlines for conducting legal monitoring of regulatory legal acts, as well as a periodic return to regulatory legal acts in respect of which monitoring was carried out (every six months, except for acts adopted in these six months).
The timely submission of high-quality information to the legal service shall be the responsibility of the structural subdivision of the state body, provided for in the schedule.
Local representative and executive bodies, as well as audit commissions, shall, before January 10 of the current year, send the schedule to the territorial justice bodies of regions, cities of republican significance, and the capital.
Footnote. Paragraph 14 as amended by the Decrees of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).Chapter 3. Procedure for conducting legal monitoring of new laws
15. The state developer body shall conduct legal monitoring of new laws for five years on an annual basis.
The term for conducting legal monitoring under the new law shall begin on the day of the date of entry into force of the law.
When conducting legal monitoring of new laws, the state developer body shall assess the level of achievement of the target indicators specified in the Regulatory Policy Advisory Document, the effectiveness of the adopted norms, as well as other consequences that occurred after the adoption of the law.
16. Legal monitoring of new laws shall be carried out by the structural subdivision of the state body that developed the law, or by the structural subdivision to whose competence this law belongs.
In cases where several authorized state bodies participated in the development of the law or the law contains the competence of several state bodies, the relevant state bodies each shall conduct legal monitoring within their competence contained in this regulatory legal act and send relevant reporting information to the Ministry of Justice of the Republic of Kazakhstan.
Footnote. Paragraph 16 as amended by the Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).17. When conducting legal monitoring on regulatory legal acts, state bodies-developers shall use:
1) information contained in the annual messages of the President of the Republic of Kazakhstan, annual messages of the Constitutional Court of the Republic of Kazakhstan to the Parliament of the Republic of Kazakhstan on the state of constitutional legality in the country, regulatory resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan, other acts in the field of the state planning system;
2) reviews of the practice of applying normative legal acts prepared by state bodies;
3) the results of the analysis of the effectiveness of legislation (analysis of regulatory legal acts) conducted by an authorized organization (providing scientific legal expertise of draft laws), determined by the Government of the Republic of Kazakhstan;
4) the results of the analysis and generalizations of appeals of citizens, legal entities to state bodies;
5) acts of prosecutorial supervision regarding the practice of applying regulatory legal acts;
6) the results of the analysis, generalizations of judicial practice;
7) the results of the state audit (audit report of the state audit and financial control bodies);
8) materials from scientific and practical conferences, seminars, and meetings held on the problems of the current legislation, as well as submitted by non-governmental organizations;
9) conclusions (recommendations) of public monitoring of the application of the norms of legislation conducted by public councils, as well as non-profit organizations, citizens on behalf of public councils;
10) the results of public monitoring of regulatory legal acts of the National Chamber of Entrepreneurs of the Republic of Kazakhstan;
11) information contained in the media and on Internet resources in public telecommunications networks, including social networks;
12) the results of sociological research on the enforcement of regulatory legal acts;
13) statistical data on law enforcement practice;
14) analytical materials on the improvement of legislation;
15) proposals and comments of the National Chamber of Entrepreneurs of the Republic of Kazakhstan, associations of private entrepreneurship entities to improve the current legislation of the Republic of Kazakhstan affecting the interests of private entrepreneurship entities.
The legal monitoring report must be accompanied by relevant materials showing the validity and reliability of the information specified in the report.
Structural divisions of the state body shall analyze the results of the legal monitoring carried out according to the schedule and no later than the 25th day of the month following the reporting month, in case of identifying shortcomings in regulatory legal acts, take measures to develop drafts of relevant regulatory legal acts in the manner established by the legislation of the Republic of Kazakhstan.
Footnote. Paragraph 17 as amended by the Decrees of the Government of the Republic of Kazakhstan dated 11.04.2022 No. 209 (shall be enforced ten calendar days after the day of its first official publication); dated 09.02.2023 No. 103 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).18. The measures taken based on the results of the legal monitoring conducted at the end of the year to eliminate inefficiently implemented norms are the development of a Regulatory Policy Advisory Document, the inclusion of relevant draft laws in the Plan of Legislative Works, the submission of a draft law to the Mazhilis of the Parliament of the Republic of Kazakhstan or amendments to other draft laws.
19. Structural subdivisions of the state body shall submit to legal services analytical reports or certificates of the absence of shortcomings in the rules of law under new laws in the form, in accordance with Annexes 7, 8 to these Rules, every month until the 5th day of the month following the reporting one.
A report on the results of the legal monitoring conducted under the new law in the state and Russian languages shall be sent to the Ministry of Justice of the Republic of Kazakhstan annually no later than fifteen working days after the end of the reporting year following the entry into force of the regulatory legal act, in accordance with Annex 4 to these Rules.
Footnote. Paragraph 19 as amended by the Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).20. To verify the accuracy of the information provided by state bodies during the period of legal monitoring under new laws, the Ministry of Justice shall conduct an additional study of the results of the legal monitoring conducted.
After five years, legal monitoring of new laws continues in the manner specified in Chapter 4 of these Rules, except for laws on amendments and additions to legislative acts, on which legal monitoring is terminated.
Chapter 4. The procedure for conducting legal monitoring of other regulatory legal acts
21. Legal monitoring of other regulatory legal acts shall be carried out by state bodies on an ongoing basis.
When conducting legal monitoring on other regulatory legal acts, the authorized state bodies evaluate the effectiveness of the current regulation, as well as other circumstances in accordance with Annex 5 to these Rules.
Information used by state bodies in the course of legal monitoring, on other regulatory legal acts, as well as the time frame in which appropriate measures must be taken, is contained in paragraph 17 of these Rules.
22. The measures taken based on the results of the legal monitoring conducted at the end of the year shall be:
on legislative acts of the Republic of Kazakhstan - development of a Regulatory Policy Advisory Document, the inclusion of relevant bills in the Plan of Legislative Works, submission of a bill to the Mazhilis of the Parliament of the Republic of Kazakhstan or amendments to other bills;
on normative legal resolutions of the Government of the Republic of Kazakhstan - submission of a draft resolution of the Government to the Office of the Government of the Republic of Kazakhstan;
on acts of central government bodies, and local government bodies - the introduction of a regulatory legal act for state registration with the justice authorities of the Republic of Kazakhstan.
Footnote. Paragraph 22 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).23. Structural subdivisions of the state body submit to legal services analytical reports and certificates on the absence of shortcomings in the norms on other regulatory legal acts in the form, in accordance with Annexes 7, 8 to these Rules, every month until the 5th day of the month following the reporting one.
24. Based on the results of the legal monitoring conducted, central and local state bodies, as well as audit commissions, twice a year, by the 10th day of the month following the reporting period, shall send reports to the justice authorities of the Republic of Kazakhstan in the state and Russian languages based on the results of the first half of the year (up to 10 July of the current year) and the year (until January 10 of the year following the reporting year) in the form in accordance with Annex 5 to these Rules.
To verify the accuracy of the information provided by state bodies during the period of legal monitoring of regulatory legal acts, the justice authorities shall conduct an additional study of the results of the legal monitoring of the regulatory legal act.
Central state bodies shall send the final information to the Ministry of Justice of the Republic of Kazakhstan.
Local representative and executive bodies, as well as audit commissions, shall send information to the territorial justice bodies of regions, cities of Republican significance, and the capital.
The territorial bodies of justice of regions, cities of republican significance, and the capital shall send summarized information to the Ministry of Justice of the Republic of Kazakhstan before the 15th day of the month following the reporting period (until July 15 of the current year and until January 15 of the year following the reporting one).
Footnote. Paragraph 24 - as amended by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).25. To ensure the completeness of legal monitoring, state bodies quarterly send to the justice bodies of the Republic of Kazakhstan lists of adopted acts of central state bodies and local government bodies for the past quarter (hereinafter referred to as the List) by the 10th day of the month following the reporting quarter, in the form according to Annex 6 to these Rules, except for legal acts on personnel, economic issues.
The justice authorities shall request the relevant acts to resolve the issue of the need for their state registration.
Footnote. Paragraph 25 as amended by Decree of the Government of the Republic of Kazakhstan dated 13.09.2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).26. Periodically, but at least twice a year, the justice authorities, together with state bodies, shall consider the results of monitoring of state bodies to develop recommendations for eliminating identified shortcomings.
27. State bodies, when identifying obsolete, corruptogenic, inefficiently implemented norms of law in regulatory legal acts that contradict the legislation of the Republic of Kazakhstan, shall draw up analytical reports in the state and/or Russian languages in the form in accordance with Annex 7 to these Rules.
In case of detection of regulatory legal acts that are within the competence of state bodies, the developer of which they are not, contradicting the legislation of the Republic of Kazakhstan, outdated, corruptogenic and inefficiently implemented rules of law, state bodies shall send notifications to the state the body that has adopted this normative legal act or is its developer, or whose competence this issue belongs to.
Chapter 5. Alternative legal monitoring
28. The authorized organization, determined by the Government of the Republic of Kazakhstan, shall analyze the effectiveness of the legislation (analysis of regulatory legal acts).
The results of the analysis of the effectiveness of legislation (analysis of normative legal acts) may be used by state bodies when conducting legal monitoring.
29. The National Chamber of Entrepreneurs of the Republic of Kazakhstan conducts public monitoring of regulatory legal acts affecting the interests of private entrepreneurship entities, in accordance with the Law of the Republic of Kazakhstan "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan".
30. Public councils shall have the right to conduct public monitoring of normative legal acts relating to the rights, freedoms and duties of citizens.
The procedure for organizing and conducting public monitoring is determined by the Rules for organizing and conducting public control, which is approved by the authorized body for the activities of public councils.
The results of public monitoring shall be annually posted on the official Internet resources of the relevant state body and the National Chamber of Entrepreneurs of the Republic of Kazakhstan.
31. Public monitoring of regulatory legal acts may be carried out by other interested parties.
When conducting public monitoring, other interested parties may send requests to state bodies and their officials, as well as subjects of the quasi-public sector to provide the necessary information related to the subject of monitoring, in the manner and on the grounds established by the legislation of the Republic of Kazakhstan in the field of access to information.
The results of public monitoring of normative legal acts shall be drawn up in the form of an appropriate letter to the authorized state body.
32. The results of public monitoring are used by authorized state bodies when conducting legal monitoring.
Chapter 6. Determination of the degree of stability of laws
33. The degree of stability of laws shall be determined by analyzing the degree of stability of laws (hereinafter referred to as the Analysis) by state bodies in accordance with Annex 9 to these Rules.
An analysis of the degree of stability of laws shall be carried out by structural divisions of state bodies, the developers of which they were, or related to their competence.
34. State bodies shall ensure the timely submission to the Ministry of Justice of the Republic of Kazakhstan of the results of the analysis by January 10 of each year, together with the results of legal monitoring.
Footnote. Paragraph 34 - as amended by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).35. Stable normative legal acts shall mean:
laws and codes that have not been changed during the year;
codes, which were amended by regulatory legal acts no more than 3 times a year.
Relatively stable normative legal acts shall mean:
laws, which were amended by normative legal acts no more than 2 times a year, except for editorial amendments, as well as those relating to legal technique;
codes, which were amended by regulatory legal acts from 4, but not more than 6 times a year.
Unstable normative legal acts shall mean:
laws that have been amended by normative legal acts more than 2 times a year, except for editorial amendments, as well as those relating to legal technique;
codes, which were amended by regulatory legal acts more than 6 times a year.
36. The coordination of the activities of state bodies to determine the stability of laws shall be carried out by the Ministry of Justice of the Republic of Kazakhstan.
37. To ensure the reliability of the information provided by state bodies, the Ministry of Justice of the Republic of Kazakhstan, as an additional control, shall conduct a selective recheck of the data contained in the results of the analysis.
38. Excluded by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).39. The object of determining the stability of laws shall be:
1) constitutional laws of the Republic of Kazakhstan;
2) codes of the Republic of Kazakhstan;
3) consolidated laws;
4) laws of the Republic of Kazakhstan.
40. The object of determining the stability of laws shall not be:
1) regulatory legal acts on the introduction of amendments and/or additions to the current regulatory legal acts;
2) regulatory legal acts on the ratification and denunciation of international treaties;
3) laws of the Republic of Kazakhstan on the republican budget, a guaranteed transfer from the National Fund of the Republic of Kazakhstan, the volume of transfers of a general nature between the republican and regional budgets, the budgets of cities of republican significance, the capital, as well as regulatory legal acts on amendments and/or additions to them;
4) adopted laws within the first year after they entered into force.
Chapter 7. Summary information on the results of legal monitoring
41. The reports received on the results of the legal monitoring conducted under the new laws are analyzed by the Ministry of Justice of the Republic of Kazakhstan within fifteen working days after the reporting period.
Footnote. Paragraph 41 - as amended by the Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).42. The Ministry of Justice of the Republic of Kazakhstan shall analyze and summarize the information submitted in accordance with paragraph 24 of these Rules, at the end of the six months, by August 5 of the current year and at the end of the year by February 15 of the year following the reporting one, places the final information on a publicly accessible state object of informatization with the introduction of recommendations on the adoption of measures to improve the quality of legal monitoring by state bodies.
The results of the analysis of the degree of stability of laws are posted once a year, together with the annual results of legal monitoring, by February 15 of the year following the reporting one.
Footnote. Paragraph 42 - as amended by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).43. Excluded by Decree of the Government of the Republic of Kazakhstan dated September 13, 2022 No. 687 (shall be enforced ten calendar days after the day of its first official publication).
| Annex 1 to the Rules for Legal Monitoring |
Footnote. Annex 1 as amended by Decree of the Government of the Republic of Kazakhstan dated 11.04.2022 No. 209 (shall be enforced ten calendar days after the day of its first official publication).
Register of normative legal acts subject to legal monitoring
________________________________________________________
(name of state body)
for __________ 20___
No. | Name of the normative legal act | Type of regulatory legal act | Date of adoption of the normative legal act | Registration number of the normative legal act | The basis for the adoption of a normative legal act (competence of the body) concerning the relevant norm of the normative legal act | Date of state registration of a normative legal act | Number of state registration of a normative legal act |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
continuation of the table
Date of entry into force of the regulatory legal act | Information on amendments and (or) additions to the normative legal act | Excluded by Decree of the Government of the Republic of Kazakhstan dated April 11, 2022 No. 209 (shall be enforced ten calendar days after the day of its first official publication). | Information on the suspension of the normative legal act | Information on the termination of a normative legal act (or its separate parts) due to the expiration or adoption of a new normative legal act that contradicts the provisions of a previously issued normative legal act, its part (part), or which absorbs a previously issued act or part thereof (parts) | Information about the repeal of a normative legal act |
9 | 10 | 11 | 12 | 13 | 14 |
| Annex 2 to the Rules for Legal Monitoring |
Footnote. Annex 2 as amended by Decree of the Government of the Republic of Kazakhstan dated 04/11/2022 No. 209 (shall be enforced ten calendar days after the day of its first official publication).
Unified register on ______________________________________________,
(indication of the form of the normative legal act(s),
subject to legal monitoring for __________ 20__
No. | Name of the normative legal act | Type of regulatory legal act | Date of adoption of the normative legal act | Registration number of the normative legal act | The basis for the adoption of a normative legal act (competence of the body) concerning the relevant norm of the normative legal act | Date of state registration of a normative legal act |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
continuation of the table
Number of state registration of a normative legal act | Date of entry into force of the regulatory legal act | Information on amendments and (or) additions to the normative legal act | Excluded by Decree of the Government of the Republic of Kazakhstan dated April 11, 2022 No. 209 (shall be enforced ten calendar days after the day of its first official publication). | Responsible state body for legal monitoring |
8 | 9 | 10 | 11 | 12 |
| Annex 3 to the Rules for Legal Monitoring |
Schedule of legal monitoring for 20__
_______________________________________________
(name of state body)
No. | Type, date of adoption, number and name of the normative legal act | The responsible structural unit of the state body | Terms and form of legal monitoring (analytical reference/certificate of the absence of shortcomings in the rules of law during legal monitoring) |
_____ semester | |||
ANALYSIS OF REGULATORY LEGAL ACTS FOR _________ MONTH | |||
| Annex 4 to the Rules for Legal Monitoring |
Results of legal monitoring
Report on the results of the legal monitoring conducted under the adopted Law
of the Republic of Kazakhstan "_____" (name of the state body-developer)
I SECTION
1. Name of the law
2. The level of achievement of the indicators specified in the Regulatory Policy Advisory Document (must be submitted primarily by numerical calculations)
No. | Estimated indicator | The level of achievement of the set indicators |
3. Positive consequences of the adoption of the law
4. Negative consequences of the adoption of the law
5. The attitude of the public to the adopted law (indicating the data obtained from the results of the analysis of court decisions, appeals of individuals and legal entities (analysis of information in Internet resources, social networks, etc.).
* When describing the positive and negative consequences of the adoption of the law, it is necessary to indicate the data obtained from the analysis of the practice of applying the new law (in particular, taking into account the analysis of applications received, existing judicial acts, etc.).
II SECTION
No. | Types of shortcomings of the rule of law | Type, date of adoption, number and name of the normative legal act identified in the course of legal monitoring | Part, paragraph, paragraph, article, type, date of adoption, number and name of the act, which does not comply with the regulatory legal act/date of preparation of the analytical report | Measures taken to eliminate the identified deficiencies (name of the draft regulatory legal act, stage of development or approval) | Information about the given normative legal act, identified during the legal monitoring |
1 | 2 | 3 | 4 | 5 | 6 |
1. | Inefficiently implemented norms | ||||
2. | Conflicting norms | ||||
3. | Outdated norms | ||||
4. | Corruption norms | ||||
5. | Duplicate norms | ||||
6. | Gaps in the rule of law | ||||
7. | The presence of excessive blanket and reference norms | ||||
8. | Other | ||||
Total: | |||||
________________________________
(Head of the apparatus of a state body or other official in charge of legal service issues)
(Full Name)
"___" ___________ 20__ ______ signature
| Annex 5 to the Rules for Legal Monitoring |
Results of legal monitoring
Report on the results of the legal monitoring conducted on other regulatory legal acts (name of the state body)
I SECTION
1. Name of the normative legal act
2. Poorly implemented norms
No. | Specific inefficiently implemented norms | Problems arising in practice | Suggested Solutions |
II SECTION
No. | Types of shortcomings of the rule of law | Type, date of adoption, number and name of the normative legal act identified in the course of legal monitoring | Part, paragraph, paragraph, article, type, date of adoption, number and name of the act, which does not comply with the regulatory legal act/date of preparation of the analytical report | Measures taken to eliminate the identified deficiencies (name of the draft regulatory legal act, stage of development or approval) | Information about the given normative legal act, identified during the legal monitoring |
1 | 2 | 3 | 4 | 5 | 6 |
1. | Conflicting norms | ||||
2. | Outdated norms | ||||
3. | Corruption norms | ||||
4. | Duplicate norms | ||||
5. | Gaps in the rule of law | ||||
6. | The presence of excessive blanket and reference norms | ||||
7. | Other | ||||
Total: |
________________________________
(Head of the apparatus of a state body or other official in charge of legal service issues)
(Full Name)
"___" ___________ 20__ ______ signature
| Annex 6 to the Rules for Legal Monitoring |
List of adopted acts in the ___ quarter of 20___
_________________________________________________________________
(name of state body)
No. | date of adoption of the act (day, month, year) | act number | full name of the act (in case of amendments and (or) additions to the main act, the full name of the main act) | note | |||||
not sent for state registration | sent for state registration (date and number of cover letter) | registered (date and number of state registration) | denied state registration (date and number of the letter from the justice authorities) | measures taken after receiving a denial of state registration (date and number of the act of cancellation) | cancellation of state registration (date and number of the court decision) | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Annex 7 to the Rules for Legal Monitoring |
Analytical report on the results of the conducted legal monitoring
________________________________ of "___" _____________ year No. ____
(a form of the normative legal act)
"___________________________________________________________"
(name of the normative legal act)
No. | Types of shortcomings of the rule of law | Current edition | The identified shortcoming of the norm (norms) and (or) examples of the practice of their application | Proposed revision (suggestions) |
1. | Conflicting norms | |||
2. | Outdated norms | |||
3. | Corruption norms | |||
4. | Inefficiently implemented norms | |||
5. | Duplicate norms | |||
6. | Gaps in the rule of law | |||
7. | The presence of excessive blanket and reference norms | |||
8. | Other |
The responsible executor of the state body
(indicating full name, position, name of the structural unit, work phone, e-mail address)
Date of preparation of the analytical report: ______ 20__
| Annex 8 to the Rules for Legal Monitoring |
Certificate of absence of deficiencies in the norms of law during legal monitoring
__________________________________________________________
(name of state body)
in ________________________________________________________
(indication of the form of the normative legal act(s)
According to the schedule of legal monitoring in the ______ month of 20__, legal monitoring was carried out concerning "___" (number) of the regulatory legal act(s), of which in the following regulatory document(s) the legal act(s) does not contain any shortcomings of the rule of law:
No. | Type, date of adoption, number and name of the normative legal act |
Full Name of the responsible executor of the state body |
1 | 2 | 3 |
"___" ___________ 20__
| Annex 9 to the Rules for conducting legal monitoring |
Analysis of the degree of stability of laws
______________________________________________
(name of the legislative act)
Introduction
1. Subject of legal regulation.
2. Branch of legislation.
a common part
Consists of information about the legislative act.
Table 1. General information
No. | Information on amendments and (or) additions to the legislative act | Responsible government agency | Grounds for making changes and/or additions to the legislative act |
1 | 2 | 3 | 4 |
The general part indicates the dynamics of changes in the context of years and monthly indicators, and quantitative changes.
Table 2. The number of legislative acts that introduced amendments and/or additions to the legislative act by years and months.
Year/month | January | February | March | April | May | June | July | August | September | October | November | December | Total |
Year | |||||||||||||
Year | |||||||||||||
Year | |||||||||||||
Total |
Structural analysis
It shall consist of the number of structural elements of a normative legal act, the number of norms that have not been changed, and the number of norms that have been amended (including excluded and added new structural elements).
Structural analysis also consists of studying the dynamics of quantitative changes in individual structural elements of a legislative act (chapter, paragraph, section, subsection, article, paragraph, subparagraph, part).
Table 3. Itemized comparative analysis
No. | The number of the structural element in which changes have been made, indicating the title | Quantity | Meaning/content of the amended provision | Name of legislative acts that introduced amendments and/or additions to the legislative act and date of adoption | Grounds for making changes and/or additions to the legislative act |
1. | Article 1. Basic concepts used in this Law | ||||
2. | Article 2 | ||||
3. | Article 3 | ||||
4. | Chapter 2 | ||||
… | |||||
Total |
Law Stability Analysis
The maximum and minimum period of stability shall be indicated from the moment the act was adopted and for the reporting period.
* the period of stability of normative legal acts is the period during which no changes and/or additions were made to the normative legal act;
* the maximum period of stability of normative legal acts - the longest period during which no changes and/or additions were made to a normative legal act (the longest period between amendments to normative legal acts);
* minimum period of stability of normative legal acts - the shortest period between changes and/or additions to normative legal acts.
Main conclusions
An analysis of the stability of laws shall consist of studying the dynamics of changes in laws, the number of changes in individual norms, as well as establishing the validity of the instability of laws.
The section "main conclusions" shall determine the stability, relative stability and instability of a normative legal act, as well as the validity of the instability of laws.
An analysis of the stability of laws shall also consist of the results obtained in different periods (comparison of the stability of a normative legal act from the moment of adoption, by years and for the reporting period), indicators of an increase or decrease in the intensity of changes in a normative legal act.
The head of the apparatus of a state body or other official in charge of legal service issues | ||
_______________________________ | ||
(Signature) | (signature transcript) | |
"____" ______________ 20 __ | ||
| Appendix to resolution No.486 of the Government of the Republic of Kazakhstan dated August,29 2016 |
List
of certain expired resolutions of the Government
of the Republic of Kazakhstan
1. Resolution No.964 of the Government of the Republic of Kazakhstan of August, 25, 2011 "On approval of Rules of carrying out legal monitoring of normative legal acts" (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 52, 2011, art. 729).
2. Resolution No. 145 of the Government of the Republic of Kazakhstan of February, 18, 2013 "On amendments and additions to Resolution No 964 of the Government of the Republic of Kazakhstan of August, 25 2011 " On approval of Rules of carrying out legal monitoring of normative legal acts” (Collected Acts of the President and the Government of the Republic of Kazakhstan No.16, art. 285).
3. Paragraph 13 of amendments and changes entered in some resolutions of the Government of the Republic of Kazakhstan, approved by resolution No. 1401 of the Government of the Republic of Kazakhstan of December,30, 2014 " On amendments and additions to some resolutions of the Government of the Republic of Kazakhstan and order No. 15-р of the Prime Minister of the Republic of Kazakhstan of February,2, 2009 "On measures for further improvement of legislative work " (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 83-84, 2014, art. 722).
4. Paragraph 5 of amendments and changes entered in some resolutions of the Government of the Republic of Kazakhstan, approved by resolution No. 346 of the Government of the Republic of Kazakhstan of April, 27, 2015 " On amendments and additions to some resolutions of the Government of the Republic of Kazakhstan " (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 27-28, 2015 art. 175).