Unofficial translation
Footnote. The title - as reworded by Decree of the Government of the Republic of Kazakhstan No. 511 of 23.07.2021 (shall come into force ten calendar days from the date of its first official publication).In accordance with paragraph 2 of Article 18 of the Law of the Republic of Kazakhstan dated April 6, 2016 "On Legal Acts", the Government of the Republic of Kazakhstan RESOLVES:
1. That the attached Lawmaking Rules of the Government of the Republic of Kazakhstan shall be approved.
Footnote. Paragraph 1 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 511 of 23.07.2021 (shall be put into effect ten calendar days from the date of its first official publication).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 and is subject to official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | B. Sagintayev |
| Approved by Decree of the Government of the Republic of Kazakhstan No. 907 of December 29, 2016 |
Lawmaking Rules of the Government of the Republic of Kazakhstan
Footnote. The Rules - as reworded by Decree No. 511 of the Government of the Republic of Kazakhstan dated 23.07.2021 (shall be enforced after ten calendar days from the date of its first official publication).
Chapter 1: General provisions
1. These Lawmaking Rules of the Government of the Republic of Kazakhstan (hereinafter the Rules) have been developed as per sub-paragraph 4) of paragraph 2 of Article 19 of the Law of the Republic of Kazakhstan “On the Bodies of Justice” and paragraph 4 of Article 17-1 of the Law of the Republic of Kazakhstan “On Legal Acts” (hereinafter the Law) and govern the procedure for development, placement, public discussion, approval of advisory documents of regulatory policy, draft concepts of draft laws, as well as draft laws, prepared in the manner of legislative drafting).
2. The following terms shall be used in these Rules:
1) information support and clarification programme - a list of measures for informing citizens of amendments to the legislation of Kazakhstan affecting their rights and legitimate interests, and for ensuring the efficient implementation of the adopted law;
2) Internet portal of open regulatory legal acts (hereinafter - the Internet portal of open regulatory legal acts) - a component of the e-government web portal providing placement of draft regulatory legal acts and other information for the public discussion procedure under the Law of the Republic of Kazakhstan “On Access to Information”;
3) Open RLA Web Portal Automated Workstation (hereinafter “AWS”) - an application provided by the operator of the e-government information and communication infrastructure to manage the settings and content that is hosted on the Open RLA Web Portal;
4) the E-Zannama Information System is a unified legal system intended to analyse (monitor) the legislation of the Republic of Kazakhstan and to automate specific rulemaking processes;
5) draft law concept - a document approved by the Legislative Drafting Interdepartmental Commission containing the rationale for drafting a law at the initiative of the Government, the objectives of the law and other provisions determined by the Government;
6) draft concept of a draft law (hereinafter referred to as the draft concept) - an advisory document, finalised as per these Rules following a public discussion, providing the vision of the public authority for solving the issues of state regulation in a specific area;
7) target group - a person, a group of persons whose rights and interests will be affected by a proposed regulation (draft legal act));
8) a pilot project - a procedure undertaken by a public authority to identify the effect of the regulation being introduced;
9) persons targeted by the regulations - those who are subject to the regulations;
10) regulatory burden - the financial burden on the persons targeted by the regulations due to the imposition of binding requirements by the legislation of the Republic of Kazakhstan, including time and human resources;
11) regulatory policy - state regulation of social relations by means of regulatory legal acts;
12) regulatory policy consultation document (hereinafter referred to as consultation document) - a document in a prescribed form containing the results of the performed legal monitoring and the ways of public discussion of the existing problems of state regulation in a particular field;
13) an explanatory memorandum to a draft act is a compulsory document attached to the draft act justifying the necessity of the draft act with a detailed description of the goals, objectives and main provisions of the draft act, set out in a form that provides general information on the draft act and contributes to raising public awareness of the future regulatory policy;
14) e-Government information and communication infrastructure operator (hereinafter referred to as operator) is a legal entity, designated by the Government, tasked with ensuring the functioning of the e-Government information and communication infrastructure assigned thereto.
3. The Rules shall serve to ensure the enforcement of regulatory policy and the formation of uniform mechanisms for the implementation of the Government's legislative initiative by means of consistent compliance with the envisaged procedures, including procedures for forecasting the consequences of a projected regulation, procedures for public discussion of draft laws and other regulatory policy procedures
4. Central executive authorities, as well as other public authorities as agreed thereto shall be responsible for the legislative work of the Government including:
1) developing a consultation document, discussing the document with interested bodies, organisations and target groups, posting and publicly discussing it following the procedure set out herein;
2) drafting a concept;
3) conducting a regulatory impact analysis of a draft concept that envisages the introduction of a regulatory instrument or toughening of regulation in relation to business entities under the procedure established by the competent authority on entrepreneurship, in cases where the need to conduct it is stipulated by the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter, the Entrepreneurial Code);
4) placing the draft concept of a draft law on the Internet portal of open regulatory acts for public discussion, obtaining the positions of members of the Interdepartmental Commission on the Lawmaking Activity Issues (hereinafter - the Commission), conclusions of public councils, expert councils on entrepreneurship (hereinafter - expert councils), the National Chamber of Entrepreneurs of the Republic of Kazakhstan (hereinafter - NCA) in the order specified in the present Rules;
5) submitting the draft concept and preliminary text of the draft law to the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Justice) for a pre-conclusion on its suitability to be brought before the Commission;
6) reviewing the draft concept of a draft law at a meeting of the Commission;
7) in case the Commission approves the concept of the draft law, establishing a working group to elaborate the draft law;
8) developing draft legislation, including secondary legislation, if the draft legislation provides for their adoption, necessary for the submission of the accompanying materials to the draft legislation for consultation;
9) submitting a programme of information support and clarification of the draft law for approval by the Ministry of Justice and the competent mass media authority (hereinafter the " mass media") under the procedure laid down herein;
10) performing a regulatory impact analysis of a draft law providing for the introduction of a regulatory instrument or toughening regulation in relation to business entities, under a procedure to be determined by the competent authority for entrepreneurship, in cases where it is required by the Entrepreneurship Code;
11) placing the draft law on the Internet portal of open legal acts for public discussion, obtaining the conclusions of scientific expertise (except linguistic expertise), public councils, expert councils and the National Chamber of Entrepreneurs as specified herein;
12) holding a public hearing on a draft law, as decided by the first head of the public authority or the person acting as head of the public authority;
13) coordination of the draft law with interested public authorities and organisations under the Law and the Regulations of the Government of the Republic of Kazakhstan approved by Decree of the Government of the Republic of Kazakhstan No. 1300 of December 10, 2002 (hereinafter referred to as the Regulations of the Government of the Republic of Kazakhstan);
14) performing a scientific linguistic review of the draft law;
15) posting the draft law on the Internet portal of open regulatory legal acts;
16) submitting the draft law to the Office of the Prime Minister of the Republic of Kazakhstan (hereinafter, the Prime Minister's Office) and examining it under the Rules of Procedure of the Government;
17) endorsement of a draft law by the Executive Office of the President of the Republic of Kazakhstan (hereinafter referred to as the "Presidential Executive Office") as per the Rules of Endorsement of Draft Laws of the Republic of Kazakhstan by the President of the Republic of Kazakhstan and by the Executive Office of the President of the Republic of Kazakhstan of the draft laws submitted by the Government to the Majilis of Parliament of the Republic of Kazakhstan approved by Decree No. 873 of May 17, 2002 of the President of the Republic of Kazakhstan (hereinafter referred to as the "Rules of Endorsement of Draft Laws of the Republic of Kazakhstan by the President of Kazakhstan");
18) undertaking a second academic linguistic review of the draft law (if necessary);
19) submitting a draft law to the Majilis of the Parliament of the Republic of Kazakhstan (hereinafter, the Majilis of the Parliament);
20) introducing and supporting a draft law when it is considered by the Chambers of the Parliament of the Republic of Kazakhstan (hereinafter referred to as the Parliament);
21) under the Regulation of the Government, providing for the implementation of the adopted law, including the timely approval of by-laws, if the respective draft law provides for their adoption;
22) submitting a programme of information support and clarification of the adopted law for approval by the Ministry of Justice and the competent mass media authority, pursuant to the procedure laid down herein;
23) performing legal monitoring of a regulatory legal act, including assessing the efficiency of the law and the achievement of the target indicators reflected in the consultation document, under the procedure established by the Rules for Legal Monitoring, approved by Decree of the Government of the Republic of Kazakhstan No. 486 of August 29, 2016.
5. The requirements for the development of an advisory document and a draft concept of a draft law shall not apply to draft laws on the republican budget, a guaranteed transfer from the National Fund of the Republic of Kazakhstan, on the amounts of transfers of a general nature between the republican and regional budgets, budgets of cities of republican significance, the capital as well as to draft laws on introducing amendments and additions thereto.
Chapter 2: Developing an advisory document
6. The drafting bodies of the consultation document shall be the central executive authorities, as well as other public authorities in consultation therewith.
Other bodies, organisations and citizens shall have the power to make proposals for solving existing problems of state regulation, that shall be submitted to the drafting bodies for consideration and reflected in the consultation document.
Research and other organisations, scientists in relevant fields of science, specialists in different fields of knowledge may be involved in the preparation of the consultation document, if necessary.
7. The development of an advisory document may be preceded by studies, sociological surveys, and recommendations from international and other organisations. Reporting materials from the studies shall be compulsory annexes to the Consultation Paper.
8. The advisory document shall be developed with due regard to the Address of the President of the Republic of Kazakhstan to the People of Kazakhstan, provisions of the annual message of the Constitutional Council of the Republic of Kazakhstan, normative resolutions of the Constitutional Council of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, documents of the State Planning System and action plans for their implementation, decisions of the Government, results of legal monitoring of normative legal acts, analysis of legislation efficiency, the practice of application of the legislation of the Republic of Kazakhstan in the relevant sectors and spheres of public life, materials of research and practice conferences, seminars, meetings held on the issues of current legislation, appeals from individuals and legal entities, materials provided by non-governmental organizations and information contained in the media.
9. The development of the consultation document shall be in the form set out in Annex 1 hereto and shall include:
1) analysis of existing legislation and practice in the relevant area of legal regulation, identification of problems and reasons for inadequate efficiency of existing legal mechanisms (if any), including identification of the existence of a multiplicity of acts regulating similar social relations;
2) study, compilation and analysis of economic, sociological, statistical and other relevant information;
3) investigating and forecasting the social, financial, economic, environmental, legal and other consequences (positive/negative) of proposed decisions, including analysis of possible social risks, as well as trends and options for social relations in a particular area in connection with such decisions;
4) examining international experience and undertaking a comparative legal analysis;
5) determination of the (target) indicators, the expected results to be achieved in the regulated area of social relations due to the adoption of the draft law over the next five years.
The arguments in favour of legislation shall be concrete, linking negative phenomena and processes to inadequate existing legislation in detail. The arguments shall include cases from law enforcement practice, with a brief outline of the situations encountered, conclusions and proposals.
When forecasting the social consequences of proposed solutions, their impact on the development of society as a whole and on its individual social groups, on improving the standard of living and quality of life is analysed: impact on the level of education and employment, social structure of society, accessibility of health services, improvement of housing conditions, development of civil society institutions, assessment of possible social risks and other consequences.
In forecasting the financial and economic consequences of proposed decisions, the following shall be assessed:
1) direct and indirect revenues and expenditures from national and local budgets, including the attraction of grant funding and loans;
2) revenues and expenditures of enforcers and other actors involved in the implementation of the legislation;
3) other expenditures and revenues as well as other economic effects (impact on the development of competition, availability of credit, job creation and other effects).
In predicting the environmental consequences of proposed decisions, the direction, nature and extent of the impact that a legislative act will have on the environment shall be assessed.
The anticipated impact of proposed solutions on the existing mechanism of legal regulation of social relations in a particular area, including the establishment, specification of rights and obligations, elimination of legal gaps, elimination of defective, ineffective and declarative norms, shall be assessed as part of the legal impact prediction.
The advisory document must be accompanied by appropriate material demonstrating the validity and reliability of the information contained therein.
10. The target groups shall be identified by the drafting authority based on an analysis of the insufficient efficiency of existing legal mechanisms and the consequences of proposed decisions in the relevant area of legal regulation.
11. The drafting authority shall provide procedures for publication and discussion of the consultation document.
Prior to publication and public discussion, the advisory document shall be submitted to the Ministry of Justice, which shall, within five (5) working days, give an opinion on the compliance of the public authority-developer with the established procedures, in particular:
1) on the comprehensiveness of all mandatory fields of the advisory document as per the prescribed form;
2) on the thoroughness of the selection of the target groups for the public discussion, the way they are notified, the method(s) of holding the public discussion.
If necessary, the Ministry of Justice may send an advisory document to the competent media authority for an appropriate opinion on the comprehensiveness of the notification method and method(s) of public discussion.
The public authority shall finalise the advisory document in the light of the comments of the Ministry of Justice or justify the invalidity of such comments and/or proposals at a meeting of the Commission.
12. Advisory documents that affect the interests of private businesses shall be subject to mandatory publication (dissemination) in the media, including posting on Internet resources, no later than two (2) calendar days prior to their consideration by the National Chamber of Entrepreneurs and the expert council.
13. Upon fulfilment of the conditions specified in paragraphs 11 and 12 hereof, the public authority shall post the advisory document on the Internet portal of publicly available legal acts and on the website of the public authority in the state language and in Russian.
Discussion of the advisory document with the public shall include posting it on the Internet portal of publicly available legal acts for public discussion, as well as public hearings and debates.
Depending on the nature of the social relations to be regulated, discussions may be conducted using one or more of the above methods.
The sequence of public hearings, debates shall be determined by the developing authority itself.
14. The posting of the advisory document, draft concept, concept, draft law shall be done via the AWS by the staff of the drafting authorities. Access to the AWS shall be provided by the operator to the staff of the drafting authorities upon request of the public drafting authorities.
The timeframe for discussion of the advisory document on the open regulatory legal acts Internet portal shall be determined independently by the drafting public authorities but shall not be less than fifteen (15) working days.
If more than one hundred (100) comments are received on a posted advisory document, the deadline for posting the advisory document on the open regulatory legal acts Internet portal shall be automatically extended by ten (10) working days.
15. The advisory document affecting the interests of business entities shall be subject to mandatory discussion with the NCE and expert councils.
An advisory document affecting the rights, freedoms and obligations of citizens shall be subject to mandatory discussion with public councils, excluding cases where the establishment of a public council in a public authority is not provided for by the Law of the Republic of Kazakhstan “On Public Councils”.
16. The drafting authorities shall send to the NCE, expert councils, public councils, ILLI a notice on the posting of the advisory document on the open regulatory legal acts Internet portal for expert opinions, recommendations, including each subsequent agreement with the public authorities concerned, no later than two (2) working days.
Expert opinions shall represent the written position of the NCE or a member of the expert council, shall be of an advisory nature and shall be mandatory annexes to the concept of a draft law, draft regulatory legal act prior to its adoption, including for each subsequent approval of this draft by the public authorities concerned.
The deadline established for the submission of expert opinions, conclusions, recommendations on an advisory document cannot be less than ten working days from the receipt of the notification of its posting on the Internet portal of the open regulatory legal acts Internet portal to the NCE, members of the Expert Council, the Public Council, the ILLI.
17. NCE, expert councils, public councils, ILLI shall post their expert opinions, conclusions, recommendations to the advisory document on the open regulatory legal acts Internet portal in the state and Russian languages.
The expert opinions, conclusions, recommendations of the public councils shall be of an advisory nature and shall be compulsory annexes to the draft concept, concept of a draft law, draft law prior to its enactment, including every subsequent approval of this draft by the public authorities concerned.
In the event of failure to submit expert opinions, conclusions, recommendations of public councils within the set deadline, the consultation document shall be deemed to have been agreed without comment.
In case of disagreement with the expert opinions, conclusions or recommendations, the developing authority shall prepare a justification for the disagreement and post it on the open regulatory legal acts Internet portal within five (5) working days.
Chapter 3: Holding public debates
18. The developer shall notify the target groups identified in the advisory document of their possibility to participate in public debate on the open regulatory legal acts Internet portal, public hearings and/or debates, disclosing the following information:
1) the name of the public authority organising the public hearing;
2) date, method (debate/public hearing) of discussion, for public hearings also the venue and time;
3) a brief description of the problem(s) outlined in the advisory document;
4) contact details (addresses, emails, telephone numbers) of the persons responsible for organising the discussions in the public authority organising the discussions;
5) a link to the open regulatory legal acts Internet portal of the advisory document, with an indication of the possibility of commenting on it.
Twenty (20) working days prior to the public hearing, the developer shall place an announcement in the media, including the open regulatory legal acts Internet portal and the developer's website, stating the information referred to in part one of this paragraph.
The target groups shall be notified of the impending public discussion in one or more of the following ways:
1) targeted distribution of invitations by post, by hand or by e-mail to specific target audiences;
2) the publication of an announcement on the website of the public authority hosting the discussion;
3) by publishing an advertisement in the media;
4) SMS notifications in the form of a short text message to the mobile phone number of the target group representatives;
5) by other means specified in the advisory document.
Members of the public and expert councils, NCE, ILLI shall also be notified of the forthcoming public hearing and/or debate.
19. Public debate on the open regulatory legal acts Internet portal shall be subject to the following conditions:
1) accept comments and/or recommendations with brief justifications from users registered on the e-government web portal, not certified with an electronic digital signature;
2) avoid the use of obscene language, abusive language, advertising or other information not related to the consultation document, draft concept or draft law;
3) when submitting comments and/or proposals on an advisory document, draft concept paper or draft law, indicate the specific structural element of the draft (section, article, paragraph, subparagraph, subparagraph).
Comments and/or recommendations from users of information received after the deadline for public discussion of drafts, as set by the public authority developing the draft, shall not be considered.
Drafters shall consider comments and proposals of information users within 3 (three) working days after their publication in the form of a comment on the Internet portal of open legal acts. A drafter's decision to accept or reject a comment and (or) a proposal from an information user must be motivated, precise, free of general justifications, declarative provisions and published under the comment received.
20. As part of the content of the e-government web portal, the operator shall monitor compliance with the conditions for public discussion of posted drafts as set out herein.
Within one (1) working day, the operator shall verify whether the comments and/or recommendations of users of the information comply with the requirements hereof and shall decide whether or not to publish them, stating the grounds for doing so.
21. Public hearings shall be held in an open format in the state and Russian languages, with online broadcasting, in a venue that can accommodate those wishing to attend the public hearing or using available information and communication technology.
The public authority shall ensure the involvement of the media and coverage of the public hearings, including on social media platforms.
In order to provide the necessary premises, persons wishing to attend a public hearing held indoors shall register at least seven (7) working days in advance on the e-government web portal or on the drafter's (discussion organiser's) website.
Persons wishing to attend public hearings held using accessible information and communication technologies shall register at least five (5) working days in advance on the e-government web portal or on the drafter's (discussion organiser's) website.
Public hearings held indoors shall be open to registered persons upon presentation of proof of identity.
All registered persons shall have the power to attend public hearings held using accessible information and communication technologies.
At a public hearing, citizens may make a separate presentation with the length of the presentation to be determined by the organiser.
Those wishing to make a presentation at least seven (7) working days prior to the debate shall register on the e-government web portal or the drafter's (organiser of the debate) website and submit an abstract of their presentation.
The report shall contain reasoned proposals to address the problems identified in the advisory document and/or existing comments and/or suggestions for solutions to the problems proposed by the drafter.
At the public discussion itself, the drafters' representatives shall briefly present the advisory document, report on the comments and suggestions received, supported and rejected. The positions of the drafter shall be given on those rejected.
Proposals and suggestions made during the public hearings shall be recorded in the minutes and the position of the public authority shall also be formed in respect of them. If it is not possible to form a position at the venue of the debate, such a position shall be formed within a period not exceeding three (3) working days of the public debate and shall be posted on the website of the public authority and on the open regulatory legal acts Internet portal.
Suggestions and comments made following the presentation of the interested persons' report shall also be recorded in the minutes of the public hearing.
22. Debates shall be held in an open format in the state and Russian languages, with online streaming and media coverage.
Debates shall be held with at least two (2) participants representing different positions on the solution of public regulation problems in a particular area.
Twenty (20) working days prior to the debate, the drafting authority shall publish an announcement on the open regulatory legal acts Internet portal and the official website of the public authority.
An application to participate in the debate shall be submitted on the open regulatory legal acts Internet portal.
Ten (10) working days prior to the debate, the acceptance of applications to participate in the debate shall be closed.
The length, format and other specifics of the debate shall be determined by the organisers and shall ensure a full discussion of the consultation document. However, the speaking time shall not be to the advantage of any of the participants in the debate.
The organizer shall select the participants of the debates from among the applicants. With the consent of the applicants, the organiser shall group the participants based on their submitted talking points to solve the issues specified in the advisory document.
Five (5) days prior to the debate, the organisers will publish a list of participants admitted to the debate.
23. Following the results of the public discussions (public discussions on the open regulatory legal acts Internet portal, public hearings, debates), the developer shall prepare a report in the form according to Annex 2 hereto. The report shall subsequently be a compulsory appendix to the draft concept, the concept of the draft law and the draft law at all stages of its consideration.
The report shall be made available on the open regulatory legal acts Internet portal and on the website of the public authority.
Chapter 4. Drafting of the concept and endorsement of the concept of the draft law
24. Following public discussion of the consultation document, a decision shall be taken by the drafter as to whether legislative changes are necessary or not.
If it is decided that a legislative act is necessary, a draft concept shall be drawn up based on the consultation document, according to the form set out in Annex 3 hereto.
The arguments in favour of legislation shall be concrete, linking negative phenomena and processes to inadequate existing legislation in detail. The arguments shall include examples from law enforcement practice with a brief outline of the situations encountered, conclusions and proposals.
25. If the draft concept includes provisions for the introduction of a regulatory instrument or stricter regulation of business entities, the drafter shall ensure that the regulatory impact of the draft concept is analysed under the procedure determined by the competent authority for entrepreneurship.
26. The draft concept with all attached materials and the preliminary text of the draft law shall be posted on the open regulatory legal acts Internet portal for consideration by the members of the Commission.
Other interested parties may also provide feedback on the draft concept on the open regulatory legal acts Internet portal.
27. Within 15 (fifteen) business days, the members of the Commission, including the Ministry of Justice, with the exception of urgent instructions from the Executive Office of the President or the Government, shall review the draft concept and give formal comments to the developer via the open regulatory legal acts Internet portal.
28. In addition to reviewing the draft concept, the Ministry of Justice shall assess its compliance with the provisions of Paragraph 11 hereof. In case of non-compliance of the draft concept with the requirements of the aforementioned paragraph, the drafter shall ensure its revision or justify the non-compliance of such comments and/or proposals at the meeting of the Commission.
Based on the results of the public discussions (public discussions on the open regulatory legal acts Internet portal, public hearings), the drafter shall prepare a report as per Annex 4 hereto. The report shall subsequently be a compulsory annex to the draft concept, the concept of the draft law and the draft law at all stages of their consideration.
The report shall be made available on the open regulatory legal acts Internet portal and on the website of the public authority.
29. If there are no comments and/or suggestions from the members of the Commission, the public authority shall send the draft concept to the Ministry of Justice to arrange for its consideration at the Commission meeting.
Where members of the Commission have comments and/or suggestions, within a period of one month, the drafter shall work through such comments to ensure that they are withdrawn as far as practicable.
A protocol of disagreement shall be drawn up for unremoved comments and signed by the members of the Commission who provided the comments, within no more than two (2) working days from the date of their submission by the drafters.
30. After the finalisation, the finalised draft concept with the protocols of disagreement shall be re-posted on the open regulatory legal acts Internet portal and notified by the drafter within two (2) working days to the members of the Commission.
The members of the Commission, including the Ministry of Justice, shall then review the finalised draft concept within ten (10) working days and may only comment on unresolved comments previously made by them or on new provisions that have emerged after working with other members of the Commission.
The positions of the members of the Commission shall be reiterated on the open regulatory legal acts Internet portal.
31. The drafter may accept the comments of the Commission, refine the draft concept and submit it for reconsideration as per paragraph 30 hereof or draw up additional protocols of disagreement and submit the draft concept with protocols of disagreement to the Ministry of Justice to arrange its consideration at the Commission's meeting.
The Ministry of Justice shall submit the draft concept and, if there are protocols of disagreement, together with such protocols to the members of the Commission for their consideration.
A draft concept received for consideration at a Commission meeting without comments and/or proposals shall be put to the vote after a brief presentation,.
No comments and/or proposals shall be put to the vote during the meeting of the Commission.
A vote on a draft concept received with a protocol of disagreement shall be taken on each comment included in the protocol of disagreement. The draft concept may only be approved if there are no objections that have not been withdrawn in this way.
32. The following draft concepts may not be approved by the Commission:
1) envisaging the regulation of social relations, which are already sufficiently regulated by the legislation in force;
2) contrary to the fundamental principles of law (priority of human rights, rule of law, equality, justice, etc.).);
3) the scope of regulation of which does not comply with paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan;
4) for which no regulatory impact analysis has been carried out, where it is required by the Entrepreneurship Code.
33. Once approved by the Commission, the draft concept shall become a concept and shall be posted on the drafter's official website.
34. The concept of the draft law, together with the consultation document, shall subsequently be compulsory annexes to the draft law.
Chapter 5. Drafting the law
35. Draft laws shall be drafted only based on and strictly in compliance with their concepts.
Conceptual changes and additions may be made to the draft law only by instruction of the President of the Republic of Kazakhstan within the framework of special and annual addresses of the Head of State to the people of Kazakhstan on the situation in the country and the main directions of internal and foreign policy of the Republic.
Otherwise, if, in the course of drafting a law, it becomes necessary to amend the concept of the draft law, such an issue shall be brought up at the request of the drafting authority at a meeting of the Commission.
The Commission shall take one of the following decisions by majority vote:
1) if the changes are of a conceptual nature, refer to the development of a consultation document with the procedures laid down herein;
2) if the changes do not significantly alter the approaches developed to regulate the legal relationship and do not address issues not previously addressed, approve changes to the concept of the draft law without the procedures for developing a consultation document set out herein.
36. To prepare a draft law, a working group shall be established by order of the head of the drafting authority or a person acting in his or her capacity, or the relevant departments shall be tasked with.
37. The working group must involve representatives of the target groups, employees of the legal department of the drafter responsible for preparing the draft law, representatives of state bodies whose competence covers the draft regulations to be adopted in the implementation of the draft law, and the ILLI staff.
Representatives of the NCE and accredited associations of private businesses must be involved in the drafting of legislation that affects the interests of private businesses.
38. Specialists from various fields of knowledge, scientific institutions and other organisations, academics, representatives of non-profit and other organisations may be involved in the preparation of draft laws.
Members of Parliament may, at any stage, take part in the work of the working group preparing the draft law.
When drafting laws, the drafter shall be entitled to use scientific concepts of development of legislation of the Republic of Kazakhstan, results of fundamental and applied scientific research conducted by an authorised organisation designated by the Government of the Republic of Kazakhstan in the field of legal support of state activity and other materials.
39. The number of members, the frequency of meetings and the format of the working group shall be decided by the developer.
Meetings of the working group may be organised by means of accessible information and communication facilities (online, videoconferencing, etc.).
40. The draft by-laws to be adopted in the implementation of the draft law shall be prepared and the accompanying materials, the list of which is specified in paragraph 51 hereof, shall be compiled together with the text of the draft law.
If the development of a draft by-law falls within the competence of another public authority, that public authority shall submit the relevant draft by-law to the drafting authority.
However, the public authorities competent for the elaboration of a draft by-law must submit drafts of the by-law within one month of receipt of the relevant request.
For the purpose of timely submission of draft laws, when submitting a draft law to the interested public authorities for approval, the public drafting authority must promptly request from them information on the expediency of developing a new by-law or amending an existing by-law in the field of the social legal relations they regulate.
If the development of draft by-laws is not required, the public authorities, competent for the development of such draft by-laws, shall, within five (5) working days, send a corresponding response to the request received from the drafting authority.
No reference to secondary legislation shall be allowed in draft laws if there are no drafts thereof.
Financial and economic calculations shall be prepared for a draft law that reduces public revenues or increases public expenditure.
An explanatory memorandum to a draft law affecting the interests of business entities shall contain the results of calculations confirming the reduction and/or increase of costs of business entities due to the introduction of the law.
41. The drafting authority shall ensure that the draft law is directed for scientific legal, economic, anticorruption and other expert examinations of the draft law, except for the draft law on the republican budget, guaranteed transfer from the National Fund of the Republic of Kazakhstan, on the volume of transfers of a general nature between the republican and regional budgets, budgets of cities of national importance and the capital, and the draft law on making amendments and additions thereto.
The findings of these scientific assessments shall be of an advisory nature.
42. Regulatory impact analysis shall be performed on a draft law affecting the interests of private business entities in the circumstances and under the procedure laid down in the Entrepreneurship Code.
The findings of the regulatory impact analysis shall be posted on the public internet resources of the regulatory authorities.
43. A draft law, the implementation whereof may lead to negative impacts on the environment, shall be subject to a mandatory state environmental impact assessment as prescribed by the environmental legislation of the Republic of Kazakhstan.
The findings of the state environmental impact assessment shall be binding.
44. A positive opinion of the Republican Budget Commission shall be required on a draft law, the implementation whereof will reduce revenues or increase expenditures of the national and local budgets and/or the National Fund.
45. Upon completion of the work of the working group, the draft law, along with a comparative table thereto (in cases of amendments and (or) additions to laws) as per Annex 6 hereto and an explanatory memorandum for discussion thereof as per Annex 7 hereto, shall be posted for public discussion on the Internet portal of open legal acts as regulated hereby and on the Internet site of the public authority prior to submission to the interested public authorities for approval.
The explanatory memorandum shall be accompanied by presentations, charts showing the essence and content of the draft law in a clear and comprehensible manner.
Discussion on the open regulatory legal acts Internet portal and/or public hearings on draft laws shall be held after the publication of the relevant draft law on the open regulatory legal acts Internet portal and as per chapter 3 hereof.
The representatives of target groups, members of the public council, expert councils, NCE and ILLI shall be notified by the drafting authority on the posting of the draft law on the open regulatory legal acts Internet portal and shall be invited to give recommendations, comments, suggestions or (expert) opinions.
These requirements shall apply to each subsequent placement and coordination of the draft law with the public authorities concerned.
46. From the day of the drafting of a law of social importance, the drafting authority shall post a press release on its website in the national and Russian languages and may hold a public hearing under the procedure laid down herein.
A draft law of social significance shall be understood to mean a draft law which directly or indirectly affects human rights and interests and the interests of society as a whole.
47. Draft laws that affect the interests of private business entities shall be subject to obligatory publication (dissemination) in the media, including posting on Internet resources, prior to their consideration by the NCE and the expert council.
The deadline set by the drafters for the submission of recommendations by the public council, the expert opinions of the NCE and expert boards, and the ILLI conclusions may not be less than fifteen (15) working days from the date they receive the notification.
The public council, expert councils, NCE and ILLI shall post their recommendations, (expert) opinions on the draft law in the national language and in Russian on the open regulatory legal acts Internet portal.
The recommendations of the public council, the NCE's expert opinions, the expert council and the ILLI's conclusions shall have an advisory nature and shall be binding annexes to the draft law prior to its adoption, including for each subsequent approval of this draft by the public authorities concerned.
If the public council does not provide advice, the NCE and members of the advisory council within the deadline set by the drafter, the draft law shall be deemed to have been agreed without comment.
In agreeing with the recommendations of the (expert) opinion, the drafter shall make appropriate amendments and/or additions to the draft law.
Should the drafting authority disagree with the recommendations, (expert) conclusions, the drafting authority shall form a position with reasons for disagreement. Within ten working days, the drafter shall post the relevant letter to the public council, the NCE, the ILLI, and the expert council on the open regulatory legal acts Internet portal.
48. Based on the results of the public discussions of a draft law (public discussions on the open regulatory legal acts Internet portal, public hearings), the drafting authority shall prepare a report in the form of Annex 8 hereto. The report shall subsequently be a compulsory appendix to the draft law at any stage of its consideration.
The report shall be made available on the open regulatory legal acts Internet portal.
49. When drafting a law, the drafting authority shall develop a draft information and explanatory programme on the draft law on a compulsory basis.
The objective of the information support and clarification programme on the draft law shall be to provide extensive coverage of the key forthcoming amendments to the legislation of the Republic of Kazakhstan affecting the rights, freedoms and legitimate interests of natural and legal persons.
The information support and clarification programme for the draft law shall cover a full range of activities to ensure information and clarification of the rights, obligations and responsibilities of the actors involved, other innovations (testing of innovations in a limited format), regulatory, financial and economic, infrastructure support for the proposed initiatives, information and methodological support and coordinated work of the persons involved in the implementation of the proposed innovations.
The list of citizen information activities stipulated in Annex 5 hereto shall constitute a standard programme of information support and clarification. The requirements of the standard information support and clarification programme shall be fully implemented as per the indicators specified therein, and public authorities may envisage additional measures for informing citizens in their information support and clarification programmes in addition to those that are mandatory ones.
50. The finalised draft law, together with a draft information support programme and an explanatory memorandum on the draft law and a list of government agencies involved, shall be forwarded by the drafter to the Ministry of Justice and the authorised media authority.
The Ministry of Justice shall approve (or shall reject to approve) the draft information and clarification programme on the draft law and the list of approving authorities within no more than three (3) working days.
The competent media authority shall approve (or shall reject the approval of) the draft information and clarification programme on the draft law within no more than two (2) working days.
The draft information and clarification programme agreed with the above-mentioned public authorities shall be approved by the first head of the drafting authority.
A report on the implementation of the information support and clarification programme on the draft law shall be presented to the Ministry of Justice and the competent media authority. The Ministry of Justice shall analyse and summarise the information submitted and send it to the Office of the Prime Minister by January 25 of the year following the reporting year.
51. After approval of the information support and clarification programme for the draft law, the prepared draft law and accompanying documents shall be forwarded for consultation to the public authorities and organisations concerned.
The following documents prepared in the national language and in Russian shall be understood to be ancillary:
1) draft government decree on the submission of a draft law to the Majilis of Parliament;
2) an explanatory memorandum to the draft government decision, prepared as required by the Regulations of the Government;
3) a draft explanatory memorandum to the draft law, justifying the need for the draft law with a detailed description of the goals, objectives and main provisions of the draft law;
4) a comparative table of the current and proposed versions of the articles with an appropriate justification for the amendments as per Annex 6 hereto shall be attached to the draft law envisaging amendments and (or) additions to the current legislative acts.
The justification shall always refer to the specific paragraph or provision of the concept approved at the Commission meeting;
5) an advisory document and endorsed concept of a draft law;
6) a summary of the results of the discussion of the draft law in the media, including on the Internet, and the consideration of public opinion when finalising it.
The information and clarification programme and the reports of the public discussions on the consultation document and the draft law shall be enclosed to the briefing paper;
7) financial and economic calculations, if the implementation of the draft law would lead to a reduction of revenues or an increase in expenditure from the national and local budgets and/or the National Fund, the attraction of grants, loans or sponsorship from international sources;
8) conclusions on scientific (legal, economic, linguistic, anti-corruption and other) expertise, depending on the legal relations regulated by the draft law.
In the case of disagreement with the conclusion of a scientific review, the draft law developer must enclose a written, reasoned justification for disagreement with the relevant conclusion, which has been sent to the expert, authorised organisation;
9) ILLI’s opinions on the draft advisory document and draft legislation;
10) where the draft law affects the interests of private business entities, expert opinions of the NCE and accredited associations of private business entities shall be appended to the draft law;
11) where a draft law concerns the rights, freedoms and obligations of citizens, it shall be accompanied by recommendations for discussion of the draft law with the public councils, except where the establishment of a public council in a public authority is not provided for in the Law of the Republic of Kazakhstan on public councils;
12) a copy of the positive decision of the Republican Budget Commission in relation to draft laws providing for a reduction of income or an increase in expenditure of the republican and/or local budgets and (or) the National Fund of the Republic of Kazakhstan;
13) a list of legislative acts to be amended or repealed in connection with the adoption of the relevant piece of legislation;
14) draft by-laws necessary for the implementation of the draft law, if a by-law is necessary to ensure its validity;
15) an opinion of the competent authority for entrepreneurship on the compliance of the regulatory authorities with the established procedures, as well as the results of a regulatory impact analysis in cases where a regulatory impact analysis is required by the Entrepreneurship Code, shall be enclosed to the draft law that envisages the introduction of a regulatory instrument or the implementation of a stricter regulation in relation to private entrepreneurship entities.
52. The public authorities and organisations having received the draft law for consultation shall prepare their comments and/or proposals on the draft law or notify the drafting authority that developed the draft law of their lack of such comments and/or proposals.
Comments by a public authority or organisation on a draft law shall contain proposals for remedying deficiencies and shall be substantiated and exhaustive.
When approving a draft law developed as a legislative initiative of the Government, the Ministry of Justice shall render an opinion on the draft law, including a finding of exhaustive elaboration of the draft law and disclosure of the subject matter of the draft by-law.
Draft laws shall be reviewed within ten working days.
Draft codes shall be reviewed: when initially received - within twenty (20) working days, when secondarily received - within ten (10) working days, unless otherwise stipulated by the Regulations of the Government.
53. Where comments and/or proposals are received, the draft law shall be finalised. Where comments and/or proposals are rejected, the drafter shall provide a reasoned justification.
Amendments and/or additions to the draft law shall be discussed with the working group.
When a draft law is re-considered by the governmental authorities, comments and/or proposals may only be made on new and/or amended provisions of the draft law.
54. After agreement of the draft law with the public authorities and organisations and prior to its submission to the Office of the Prime Minister, the draft law shall be posted on the Internet portal of open legal acts and a scientific linguistic expertise shall be ensured thereon.
55. The procedure for submitting a draft law to the Office of the Prime Minister shall be laid down in the Regulations of the Government.
Chapter 6. Pilot project
56. A pilot project shall be undertaken to test and determine the level of efficiency of the proposed rule in the draft law.
57. If a proposed rule of law in a draft law requires prior approval, the rule of law shall be limited by the law containing it to certain time limits for its validity.
Within the validity period of the piloted regulation, the competent authority shall assess the efficiency of the piloted regulation, which shall determine the positive and negative effects, social and other factors that have influenced the application of such regulation, the costs incurred and revenues obtained due to the implementation of the pilot project.
58. Analysis of the practice of the rule of law being piloted shall entail:
1) identifying the scope of the rule of law to be piloted;
2) determining the level of efficiency of the piloted norm in law enforcement practice by sending enquiries, conducting surveys, collecting feedback, etc;
3) an analysis of the positive and negative effects after the implementation of the norm being piloted;
4) analysis of appeals from citizens, legal persons to public authorities on the norm to be piloted;
5) analysis of the acts of prosecutorial supervision concerning the practice of the norm to be piloted;
6) analysis of judicial acts, in terms of the frequency of appeals and decisions rendered;
7) analysis of information contained in the media and on Internet resources on public telecommunications networks, including social media;
8) collection of statistical data on the enforcement of the norm being tested, etc..
59. Following the analysis, the drafting authority shall prepare a report on the level of efficiency of the norm being piloted, which shall be accompanied by all the necessary materials collected in the course of the relevant analysis.
The report shall also be coordinated with the NCE and/or public councils, in case the norm being piloted affects the rights and freedoms of citizens and/or the interests of business entities.
60. If the analysis is negative, the norm being piloted shall cease to have effect after the expiry of the period for which it was adopted, as part of the pilot project.
If the analysis is positive, the developing authority shall draft a law on the adoption of the piloted norm, which must be accompanied by a report on the level of efficiency of the piloted norm.
Chapter 7. Simplified procedure for drafting laws
61. Simplified draft laws shall not be subject to the requirements for developing an advisory document and a draft concept.
A simplified procedure for the preparation of draft laws shall apply to the provisions of laws deemed unconstitutional, including those infringing upon the rights and freedoms of man and citizen enshrined in the Constitution.
62. A simplified procedure for drafting laws shall include:
1) drafting of the law;
2) posting of the draft law on the open regulatory legal acts Internet portal and coordination of the draft law with the public authorities and organisations concerned, as per these Rules;
3) performing linguistic expertise of draft laws;
4) submitting a draft law to the Government and considering it under the Regulations of the Government;
5) agreeing draft laws with the Executive Office of the President, under the Rules for Agreeing Draft Laws with the President of Kazakhstan;
6) submitting a draft law to the Majilis of the Parliament;
7) presenting and accompanying draft laws when they are considered in the Houses of Parliament.
63. A draft law prepared on a simplified basis in relation to provisions of laws declared unconstitutional, including those infringing upon the rights and freedoms of man and citizen enshrined in the Constitution, shall contain only provisions aimed at implementing the decision of the Constitutional Council.
Chapter 8. Supporting an enacted law
64. Within seven working days of the adoption of a law by the Parliament, the drafting authority shall approve a programme of information support and explanation for the adopted law, which must be coordinated with the Ministry of Justice and the competent media authority.
The information and clarification programme on the adopted law shall stipulate a complete list of activities to provide information and clarification on the specific timing of the introduction of new (amended) regulatory approaches, on the new (amended) rights, obligations and responsibilities of regulatory actors, the expected effects on target groups, the economy and society, other innovations (testing of innovations in a limited format), regulatory, financial, economic, infrastructure support for the adopted approaches, information and methodological support and the coordinated work of those involved in the implementation of the adopted legislative amendments.
The list of citizen information activities foreseen in Annex 9 hereto shall constitute a standard programme of information support and clarification. The requirements of the standard information support and clarification programme shall be fully implemented as specified therein, and public authorities may provide for additional information measures in their information support and clarification programmes in addition to those that are mandatory ones.
65. A report on the implementation of the information support and explanation programme for the adopted law shall be submitted to the Ministry of Justice and the competent media authority. The Ministry of Justice shall analyse and summarise the information submitted and shall send to the Office of the Prime Minister by January 25 of the year following the reporting year.
66. In order to ensure that the efficiency of the adopted law is assessed, the drafter shall submit an annual report to the Ministry of Justice on the level of achievement of the target indicators reflected in the advisory document, within five years of the adoption of the law.
The efficiency of the adopted law shall be assessed within the legal monitoring of the normative legal act under the procedure established by the Rules for Legal Monitoring, approved by Decree of the Government No. 486 of August 29, 2016.
| Annex 1 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Regulatory policy advisory document
“____________________________________________________”
1. Basis for the development of a regulatory policy advisory document:
This section shall be completed in view of the Address of the President of the Republic of Kazakhstan to the People of Kazakhstan, provisions of the annual message of the Constitutional Council of the Republic of Kazakhstan, normative resolutions of the Constitutional Council of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, documents of the State Planning System and action plans for their implementation, decisions of the Government, findings of legal monitoring of normative legal acts and analysis of the efficiency of normative legal acts, the practice of applying the legislation of the Republic of Kazakhstan in the relevant branches and spheres of public life, materials of academic and practical conferences, seminars and meetings held on issues of current legislation, appeals from natural and legal persons, materials provided by non-governmental organizations and information contained in the media.
2. Description of the issue requiring legislative regulation:
This section shall summarise the current regulatory challenges, including enforcement practices under the current legal framework. A detailed description of the issues can be found in the “Current Situation” column in section 9 of this form.
When describing the challenging issue, the developing authority shall indicate the main reasons for the issue and provide specific analytical information showing the level and significance of the issue described.
Data from studies, sociological surveys, recommendations received from international and other organisations, etc. may be used in describing the issues. This section shall be completed with due regard to the provisions hereof.
All materials referred to by the draftersing authority shall be the annexes to the regulatory policy advisory document.
No. s/o | Challenging issue | The main reasons for the issue | Analytical information showing the level and significance of the issue described |
1. | |||
2. |
3. Suggested solutions to the issue described:
This section shall outline the drafter's vision of the solution(s), describing the positive and negative consequences of the proposed solution, including the benefits and costs (not only material) to regulatory actors, beneficiaries, the state and other groups, as well as the opportunities and risks arising from the solution. This section shall be completed with reference to the provisions of sub-paragraph 2) and 3) of paragraph 16 and paragraphs 17-23 hereof.
4. Alternative ways of solving the issue considered (assuming that an analysis of possible alternatives has been undertaken):
This section shall be completed if the drafter has undertaken an analysis of various alternative solutions to the existing issues, including based on suggestions from target groups and organisations. This section shall be completed in the same way as section 3 of this form.
5. Target groups for public discussion:
The section shall set out an exhaustive list of the intended regulatory target groups that will be affected by the drafter's proposed solutions to the issues. In doing so, the nature of the direct or indirect impact on each group shall be described. Existing representatives of the target groups shall also be identified for consultation.
6. Ways of notifying target groups:
This section shall describe the ways to notify the target groups of the forthcoming public discussions, as provided herein. The ways of notification shall be chosen by the drafter to ensure that the information is communicated in the most effective and specific way to all interested parties.
7. The way of public discussion:
Depending on the characteristics of the social relations to be regulated, discussions may be conducted in one or more of the ways set out herein.
The sequence shall be determined by the drafting authority itself.
8. Analysis of the current situation, international experience and proposed regulatory mechanisms:
No. s/o | Current situation | International experience | Proposed regulation |
1. | |||
2. |
This section shall be completed having regard to the provisions of paragraphs 6 to 17 hereof. A separate line shall be filled in for each area of existing issues. If there are several independent blocks within one area, each block shall be filled in on a separate line.
Calculation of the possible consequences of the proposed regulatory mechanisms shall be done as per section 9 of this form.
9. Indicators to measure the issue and expected outcomes:
This section shall contain specific, predominantly numerical indicators to assess the extent of the issues as well as the efficiency of the regulation once the necessary measures, including legislation, have been taken.
In this section the drafting authority shall reflect the expected outcomes in terms of the five coming years. However, such outcomes shall preferably be numerically calculated to subsequently assess the efficiency of the introduced regulation.
No. s/o | Current indicators | Outcomes to be achieved in 1 year (after the law enactment) | Outcomes to be achieved in 2 years (after the law enactment) | Outcomes to be achieved in 3 years (after the law enactment) | Outcomes to be achieved in 4 years (after the law enactment) | Outcomes to be achieved in 5 years (after the law enactment) |
1. | ||||||
2. |
The section shall be completed subject to the provisions of paragraph 9 hereof.
| Annex 2 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Report of the public consultation on the regulatory policy advisory document
“______________________________”
Date of publication of the regulatory policy advisory document on the web portal of open legal acts _______
Date(s) of public discussion:
Public discussions on the open regulatory legal acts Internet portal ______
Public hearings______
Debates_____
End date(s) of public discussion:
Public discussions on the open regulatory legal acts Internet portal ______
Public hearings ______
Debates_____
Form(s) of public discussion _______
Public discussions on the open regulatory legal acts Internet portal ______
Public hearings ______
Debates_____
Total number of comments and suggestions received _____
Of these, it has been accepted ____
Not accepted (grounds for non-acceptance) _____
Table of comments and suggestions received
No. s/o | Author | Suggestion/comment | Position of the PA | Note |
1. Comments and/or suggestions received on the open regulatory legal acts Internet portal | ||||
1.1. Those received during the public consultation process (the open regulatory legal acts Internet portal), with the exception of the actors mentioned in other sections of this report | ||||
1. | ||||
2. | ||||
1.2. Those received directly at debates or public hearings, with the exception of actors referred to other sections in this report | ||||
1. | ||||
2. | ||||
2. Those received from members of the public council | ||||
1. | ||||
2. | ||||
3. Those received from members of the expert council | ||||
1. | ||||
2. | ||||
4. Those received from the NCE | ||||
1. | ||||
2. | ||||
5. Thoese received from accredited non-profit organisations | ||||
1. | ||||
2. | ||||
3. | ||||
6. Those received from the Institute of Legislation and Legal Information | ||||
1. | ||||
2. | ||||
3. | ||||
However, other work carried out as part of the public consultation may also be described in the report by the drafting authority.
* Sections 1.1, 2-5 of the report shall be generated automatically on the open regulatory legal acts Internet portal.
Section 1.2 shall be drawn up by the drafting authority and included in this report.
| Annex 3 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Draft concept of a draft law
“________________________________________________”
1. Name of the draft law.
2. Rationale for drafting the law.
3. Public discussion results
No. s/o | Proposed solution | Public attitude (target groups) |
1 | ||
2 |
4. Objectives of the draft law.
5. Subject matter of the draft law.
6. Structure and content of the draft law.
7. Anticipated legal and socio-economic consequences if adopted.
8. Estimated financial costs related to the implementation of the draft law.
9. The need for simultaneous (subsequent) harmonisation of other legislation with the draft law being developed.
| Annex 4 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Report on the results of the public discussions on the draft concept of the draft law
“______________________________”
Date of publication of the draft concept of the draft law on the open regulatory legal acts Internet portal _______
Date(s) of public discussion ______
End date(s) of public discussion ______
Total number of comments and suggestions received _____
Of these, it has been accepted ____
Not accepted (grounds for non-acceptance) _____
Table of comments and suggestions received
No. s/o | Member of the Interdepartmental Commission | Suggestion/comment | Position of the Public Authority | Note |
1. | ||||
2. | ||||
3. | ||||
7. Comments and/or suggestions received on the open regulatory legal acts Internet portal | ||||
7.1. Those received during the public consultation process (the open regulatory legal acts Internet portal), with the exception of the actors mentioned in other sections of this report | ||||
No. s/o | Author | Suggestion/comment | Position of the Public Authority | Note |
1. | ||||
2. | ||||
However, other work carried out as part of the public consultation may also be described in the report by the drafting authority.
* Sections 1.1, 2-5 of the report shall be generated automatically on the open regulatory legal acts Internet portal.
Section 1.2 shall be drawn up by the drafting authority and included in this report.
| Annex 5 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Standard programme for informing and clarifying the draft law
No. s/o | Name of action | Form of completion | Timeline | Target Indicator | Responsible bodies | |
1 | 2 | 3 | 4 | 5 | 6 | |
ORGANISATIONAL WORK | ||||||
1. | Ensuring smooth and efficient work between the drafters of the law, the press office and other structural units | internal order/rules/algorithm | drafting authority | |||
2. | Preparation and submission to the designated media authority of a list with names and contacts of the drafters and the scope of work (especially interdepartmental draft laws) | a list of the officials responsible for drafting the law | 5 working days prior to the date of publication on the open regulatory legal acts Internet portal | drafting authority | ||
3. | Preparation and submission of a list of speakers (including name, contact details, area of work, preferred language) to the designated media authority. The list of speakers shall consist of drafters, working group members, experts in the field, civil society actors | list of speakers | 5 working days prior to the date of publication on the open regulatory legal acts Internet portal | at least 1 list | drafting authority | |
4. | Drafting and forwarding information on potential risks (organisational, legal, social) to the media authority | risk analysis | 5 working days prior to the date of publication on the open regulatory legal acts Internet portal | at least 1 analysis note | drafting authority | |
5. | Preparation and submission of an analysis of frequently asked questions and answers to them to the designated media authority and posting on the website of the drafting authority | information publishing | throughout the duration of the public consultation on the regulatory legal act (as a result of the first week, the second week, the third week, the fourth week) | at least 2 information and reference materials | drafting authority | |
6. | Conducting ongoing monitoring of the information field | monitoring activity | for the duration of the public debate on the regulatory legal act | reference materials | drafting authority | |
7. | Preparation and dissemination to the designated media authority, as necessary, of media products to promote and explain the main aspects of the draft law (infographics, telegraphics, videos, etc.) | infographics and videos | 5 working days prior to the date of publication on the open regulatory legal acts Internet portal | at least 2 media products in the state and Russian languages | drafting authority, Ministry of Information and Social Development | |
INFORMATION WORK | ||||||
1. | Elaboration and transfer to the coordinator of the consolidated system of government websites of a list of keywords to be searched in browsers on the draft law | keyword list | 5 working days prior to the date of publication on the open regulatory legal acts Internet portal | at least 1 list | drafting authority | |
2. | Posting on the drafting authority's own resources, an explanatory memorandum, a list of the by-laws related to the draft of the regulatory legal act, name and contact details of the developers, indicating the scope of work | publication on the drafting authority's own resources | within 3 working days of publication on the open regulatory legal acts Internet portal | at least 5 documents under one link, searchable by site and in Google, Yandex, Mail, Explorer | drafting authority | |
3. | Posting on the personal pages and social media of the first executives of the drafting authorities of the model message in the national language and in Russian | publishing a message on personal social media pages | within 3 working days of publication on the open regulatory legal acts Internet portal | coverage of at least 2 varieties of social media | drafting authority | |
4. | An explanatory memorandum, draft law, list of bylaws, and risk analysis to be prepared and sent to the Presidential Central Communications Service to decide whether or not to hold a press conference | reference materials | on the 10th day after publication on the open regulatory legal acts Internet portal | reference materials | drafting authority, Central Communications Service | |
5. | Preparation and placement of media products (infographics, videos) on their own resources, personal pages in social networks of first responders | publishing infographics and videos | within 3 working days of publication on the open regulatory legal acts Internet portal | at least 2 publications on at least 3 resources | drafting authority | |
6. | Organisation of expert support for the draft law | expert witnessing | after publication on the open regulatory legal acts Internet portal | at least 2 publications on at least 3 resources | drafting authority | |
7. | Discussion of the topic of the draft law on online social media platforms | online social media platforms | after publication on the open regulatory legal acts Internet portal | at least 2 discussions | drafting authority | |
8. | Organisation of media articles in Russian and Kazakh | articles on Internet portals and in print media | for the entire discussion period, with updates as the discussion progresses | at least 2 articles on the internet and an article in print media |
drafting authority, | |
9. | Placement of infographics and videos in the media and social media, as submitted by the drafting authority (if necessary) | media and social media coverage | for the entire discussion period, with updates as the discussion progresses | at least 2 publications on social media with a reach of at least 5,000 users | drafting authority, Ministry of Information and Social Development | |
10. | Information support for briefings by the Central Communications Service to explain the draft law | stories in state media news blocks | after the briefing | at least 2 stories | drafting authority, Ministry of Information and Social Development, Central Communications Service | |
11 | Organisation of discussions and interviews on the draft law in the programmes of national and regional TV channels (as appropriate) | talk shows, interactive and analytical programmes | the entire period of discussion of the draft law | at least 3 programmes | drafting authority, Ministry of Information and Social Development | |
12 | Information and analytical materials clarifying the draft law published on Internet resources | release of material on Internet resources | the entire period of discussion of the draft law | at least 5 materials | drafting authority | |
| Annex 6 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
|
| Document form |
Comparative table to the draft law on amendments and additions to certain legislative acts
No. s/o | Structural element | Current version | Suggested wording | Rationale (including references to instructions, specific paragraph/clause of the draft law's concept, substance of the amendment; clear and distinguishable rationale for each amendment being made) |
1. | ||||
2. |
| Annex 7 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Explanatory memorandum on the discussion of the draft law
“________________________________________________”
Name of the public drafting authority;
the grounds for the adoption of the draft law with reference to relevant normative legal acts, norms of international treaties ratified by the Republic of Kazakhstan, decisions of international organisations to which the Republic of Kazakhstan is a party, protocol and other instructions of the President of the Republic of Kazakhstan, the leadership of the Government and/or other justifications of the necessity of its adoption;
the goals, objectives and main provisions of the draft law;
the anticipated consequences if the project is adopted;
timescales for expected results;
the financial need for the project and its financial security, including the source of funding and, where appropriate, the decision of the Republic Budget Commission;
the calculation showing a decrease and/or increase in the costs of business entities due to the introduction of the law, if the draft law affects the interests of business entities.
* The explanatory memorandum of the draft law for discussion shall be as concise, clear and simple as possible so as to outline all the main provisions of the draft law and to promote public awareness of the future regulatory policy.
No declarative, meaningless statements, difficult to understand words and expressions, metaphors shall be included.
| Annex 8 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Report on the outcome of public discussions on the draft law
“________________________________________________”
Date of publication of the draft law on the open regulatory legal acts Internet portal _______
Total number of comments and suggestions received _____
Of these, it is accepted ____
Not accepted (grounds for non-acceptance) _____
Date(s) of public discussion (if any) ______
Table of comments and suggestions received
No. s/o | Author | Suggestion/comment | Position of the Public Authority | Note |
1. Comments and/or suggestions received on the open regulatory legal acts Internet portal | ||||
1.1 Those received during the public consultation process (the open regulatory legal acts Internet portal), with the exception of the actors mentioned in other sections of this report | ||||
1. | ||||
2. | ||||
1.2 Those received directly at the public hearing, with the exception of actors referred to in other sections of this report | ||||
1. | ||||
2. | ||||
2. Those received from members of the public council | ||||
1. | ||||
2. | ||||
3. Those received from members of the expert council | ||||
1. | ||||
2. | ||||
4. Those received from NCE | ||||
1. | ||||
2. | ||||
5. Those received from accredited non-profit organisations | ||||
1. | ||||
2. | ||||
3. | ||||
6. Those received from the Institute of Legislation and Legal Information | ||||
1. | ||||
2. | ||||
3. | ||||
However, other work carried out as part of the public consultation may also be described in the report by the drafting authority.
* Sections 1.1, 2-5 of the report shall be generated automatically on the open regulatory legal acts Internet portal.
Section 1.2 shall be drawn up by the drafting authority and included in this report.
| Annex 9 to the Lawmaking Rules of the Government of the Republic of Kazakhstan |
Standard information support programme for the adopted law
No. s/o | Name of action | Form of completion | Timeline | Target Indicator | Responsible bodies | ||
1 | 2 | 3 | 4 | 5 | 6 | ||
ARRANGEMENTS | |||||||
1. | Ensuring smooth and efficient work between the drafters of the law, the press office and other structural units | internal order/rules/algorithm | drafting authority | ||||
2. | Preparation and submission to the media authority of the adopted law, explanatory memorandum, list of by-laws, list of deferred regulations with an enactment date, which are enacted later than the official publication | document package | within 3 days of official publication | drafting authority | |||
3. | Preparation and submission to the designated media authority of a list with names and contact details of the drafters, indicating their area of work (particularly interdepartmental draft laws) | a list of officials responsible for drafting the law | within 3 days of official publication | drafting authority | |||
4. | Preparation and submission of a list of speakers (including name, contact details, area of expertise, preferred language) to the designated media authority. The list of speakers shall consist of the developers, the target group, experts in the field, public people | list of speakers | within 3 days of official publication | drafting authority | |||
5. | Preparation and submission to the media authority of possible risks (organisational, legal, social) related to the implementation of the law | risk analysis | within 3 days of official publication | at least 1 analytical note | drafting authority | ||
6. | Conducting ongoing monitoring of the information field | monitoring activities | within 1 calendar month from the date of official publication | reference materials | drafting authority | ||
7. | Preparation and submission to the media authority, as required, of media products to promote and explain the main aspects of the draft law (infographics, telegraphics, videos, etc.) | media products | within 3 days of official publication | at least 2 infographics and 1 video clip (as needed) in national and Russian languages | drafting authority, Ministry of Information and Social Development (as agreed) | ||
INFORMATION WORK | |||||||
1. | Development and submission of a list of keywords to the coordinator of the consolidated system of websites of public authorities for search in browsers by law | keyword list | within 3 days of official publication | at least 1 list | drafting authority | ||
2. | Posting of the explanatory memorandum, list of secondary legislation, list of deferred regulations with the date of entry into force, on the drafting authority's own resources | publication on the drafting authority's own resources | within 3 days of official publication | the entire list under one link, searchable by site and in Google, Yandex, Mail, Explorer | drafting authority | ||
3. |
Posting on the personal pages and social media of the first executives of the drafting authority of the model message in the national language and in Russian. | publishing a message on the personal social media pages of the first heads of agencies | within 3 working days of publication on the open regulatory legal acts Internet portal | coverage of at least 2 varieties of social media first leaders | drafting authority | ||
4. | Preparation and submission to the Presidential Central Communications Service of the signed law, explanatory memorandum, list of bylaws, risk analysis, analysis of the information field, list of deferred to decide whether to hold a press conference | a letter to the Central Communications Service under the President with a package of documents | as appropriate | press conference | drafting authority, Central Communications Service | ||
5. | Placement of developed infographics and videos on the personal social media pages of the first executives | publishing infographics and videos | within 3 working days of publication on the open regulatory legal acts Internet portal | at least 2 publications on at least 2 resources | drafting authority | ||
6. | Organisation of articles in the media and on Internet resources in the national and Russian languages | articles in the media and on Internet portals | within 1 calendar month of official publication | at least 2 articles in the national language and in Russian | drafting authority, Ministry of Information and Social Development | ||
7. | Organisation of placement of infographics and videos in the media and social media, as delegated by the drafting authority ( as appropriate | media and social media coverage | within 1 calendar month of official publication | at least 2 publications in the media and social media with a reach of at least 5,000 users | drafting authority | ||
8. | Information support for briefings by the Central Communications Service to clarify the draft law | stories in state media news blocks | after the briefing | at least 2 stories | drafting authority, Central Communications Service | ||
9. | Organisation of discussions and interviews on the draft law in the programmes of national and regional TV channels (as appropriate) | news and analysis programmes | the entire period of discussion of the draft law | at least 3 programmes | drafting authority, Ministry of Information and Social Development, Central Communications Service | ||
10. | Organisation of expert support for the draft law | expert involvement | after publication on the open regulatory legal acts Internet portal | at least 2 publications in print media | drafting authority | ||
11. | Ensuring that specialised programmes to discuss and explain the adopted law are broadcast on national and regional TV channels (if necessary) | news and analysis programmes | the entire period of discussion of the draft law | at least 3 programmes | Ministry of Information and Social Development, Central Communications Service | ||
| Appendix to Resolution No. 907 of the Government of the Republic of Kazakhstan dated December 29, 2016 |
List of certain expired resolutions of the Government of the Republic of Kazakhstan
1. Resolution No. 840 of the Government of the Republic of Kazakhstan dated August 21, 2003 “On approval of the Rules for organizing law-drafting activities in the authorized bodies of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 34, 2003, art. 344).
2. Paragraph 8 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 99 of the Government of the Republic of Kazakhstan, dated February 14, 2006 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 5, 2006,, art. 99).
3. Paragraph 2 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 217 of the Government of the Republic of Kazakhstan dated March 20, 2007 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 9, 2007, art. 105).
4. Paragraph 3 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 822 of the Government of the Republic of Kazakhstan dated June 4, 2009 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan, No. 29, 2009, art. 255).
5. Paragraph 4 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 2206 of the Government of the Republic of Kazakhstan dated December 25, 2009 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 2, 2010, art. 16).
6. Paragraph 2 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan approved by Resolution No. 632 of the Government of the Republic of Kazakhstan dated June 23, 2010 “On introducing amendments and additions and invalidation of certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 39, 2010, art. 347).
7. Subparagraph 3) of paragraph 1 of Resolution No. 359 of the Government of the Republic of Kazakhstan dated April 5, 2011 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 29, 2011, art. 364).
8. Paragraph 3 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 590 of the Government of the Republic of Kazakhstan dated May 27, 2011 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 40, 2011, art. 506).
9. Paragraph 2 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 1067 of the Government of the Republic of Kazakhstan dated September 16, 2011 “On introducing amendments and additions and invalidation of certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 54, 2011, art. 767).
10. Subparagraph 2) of paragraph 1 of Resolution No. 213 of the Government of the Republic of Kazakhstan dated March 5, 2013 “On introducing amendments and additions to Resolutions No. 1300 of the Government of the Republic of Kazakhstan dated December 10, 2002 “ On Regulations of the Government of the Republic of Kazakhstan” and No. 840 dated August 21, 2003 “On approval of the Rules for organizing law-drafting activities in the authorized bodies of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 19,2013, art. 326).
11. Paragraph 3 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 541 of the Government of the Republic of Kazakhstan dated May 29, 2013 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 35, 2013, art. 521).
12. Paragraph 2 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 1524 of the Republic of Kazakhstan, dated December 31, 2013 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 78, 2013, art. 1037).
13. Paragraph 6 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan and Order No. 15-r of the Prime Minister of the Republic of Kazakhstan dated February 2, 2009 “On further measures on improving legislative activity”, approved by Resolution No. 1401 of the Government of the Republic of Kazakhstan dated December 30 2014 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” and Order No. 15-r of the Prime Minister of the Republic of Kazakhstan dated February 2, 2009 “ On further measures on improving legislative activity ”( Collected Acts of the President and the Government of the Republic of Kazakhstan No. 83-84, 2014, art. 722).
14. Paragraph 2 of amendments and additions entered to certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 288 of the Government of the Republic of Kazakhstan dated April 24, 2015 “On introducing amendments and additions to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 24-25, 2015, art. 149).
15. Paragraph 2 of amendments and additions entered on certain resolutions of the Government of the Republic of Kazakhstan, approved by Resolution No. 1088 of the Government of the Republic of Kazakhstan dated December 28, 2015 “On introducing amendments to certain resolutions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan No. 72-73-74, 2015, art.545).
