On some issues of state registration of regulatory legal acts

Invalidated Unofficial translation

Order of the Minister of Justice of the Republic of Kazakhstan No. 246 as of May 6, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 8, 2019, No. 18632. Abolished by the order of the Acting Minister of Justice of the Republic of Kazakhstan dated July 5, 2023 No. 464

      Unofficial translation

      Footnote. Abolished by the order of the Acting Minister of Justice of the Republic of Kazakhstan dated July 5, 2023 No. 464 (effective after ten calendar days after the date of its first official publication).

      In accordance with paragraph 68 of the Rules for the Development, Coordination and State Registration of regulatory Legal acts approved by the Decree of the Government of the Republic of Kazakhstan dated October 6, 2016 No. 568, DECREE:

      Footnote. The preamble is in the wording of the Order of the Minister of Justice of the Republic of Kazakhstan dated 14.06.2021 No. 500 (shall be enforced upon the expiry of after the day of its first official publication).

      1. To approve:

      1) the form of the opinion on state registration of a regulatory legal act in paper-based form in accordance with Appendix 1 to this order;

      2) the form of the Register of state registration of regulatory legal acts in accordance with Appendix 2 to this order;

      3) the form of the stamp on state registration of a regulatory legal act in accordance with Appendix 3 to this order.

      2. To invalidate Order of the Minister of Justice of the Republic of Kazakhstan No. 1441 as of September 24, 2018 “On Certain Issues of State Registration of Regulatory Legal Acts” (registered in the State Registration Register of Regulatory Legal Acts under No. 17441, published in the Reference Control Bank of Regulatory Legal Acts on October 8, 2018).

      3. The department of registration of regulatory legal acts shall send this order to the Republican State Enterprise with the Right of Economic Management “Institute of Legislation and Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan.

      4. This order shall take effect on the day of its state registration.

      Minister of Justice of
the Republic of Kazakhstan
M.Beketayev

  Appendix 1 to the
order Minister of Justice
of the Republic of Kazakhstan
dated May 6 , 2019 No. 246
  Form
  "APPROVE"
__________________________
__________________________
(position, first and last name)
__________________________
(signature)
____________________________
(date)

Conclusion
on the state registration of a regulatory legal act in paper form

      Footnote. Appendix 1 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated 14.06.2021 No. 500 (shall be enforced upon the expiry of the day of its first official publication).

Details of the regulatory legal act:

Form, date of adoption, registration number and title of the regulatory legal act

The department that submitted the regulatory legal act:

Name of the state body

Reasons for the adoption of a regulatory legal act:

Reference to a specific norm of the legislation of the Republic of Kazakhstan, which served as the basis for the adoption of a regulatory legal act

Date of receipt of the regulatory legal act for state registration:

Date of receipt of the regulatory legal act by the judicial authorities

      Based on the results of the legal examination of the regulatory legal act, it was established that this regulatory legal act does not violate the rights and freedoms of citizens established by law, the legitimate interests of legal entities and does not contradict the current legislation of the Republic of Kazakhstan.

      It was also established that this regulatory legal act complies with the requirements established by the Rules for the Development, Coordination and State Registration of Regulatory legal acts approved by the Decree of the Government of the Republic of Kazakhstan dated October 6, 2016 No. 568.

      Based on the above, I consider it possible:

      1) register________________________________________________________________

      __________________________________________________________________________

      (form, date of adoption, registration number and title of the regulatory legal act);

      2) enter into the Register of state registration of regulatory legal acts for No. _________;

      3) after state registration, send the original and a copy of the regulatory legal act with the conclusion in Kazakh and Russian to

      __________________________________________________________________________

      __________________________________________________________________________

      (name of the state body that submitted the regulatory legal act for state registration)

      with the obligation of official publication (if the registered regulatory

      the legal act is subject to official publication);

      4) leave one copy of the act (copy) with the conclusion in Kazakh and Russian in

      the _______________________________________________________________________.

                              (name of the justice body)

      ________________________ _______ ________________________________________

      position of the specialist signature surname and initials of the person who

      report the conclusion

      Upon receipt of documents, the following is filled in on copies of conclusions in Kazakh and Russian, which remain in the judicial authority:


Position of an employee of a state body

First and last name. (if any)

Date

Signature

Original and copy





  Appendix 2
to Order № 246 as of May 6, 2019
of the Minister of Justice of the
Republic of Kazakhstan
Form

Register of state registration of regulatory legal acts on the Intranet portal of state bodies

Date of state registration

Number of state registration

Name of the state body(-ies) that received the RLA

Date of receipt, registration number and title of the RLA

Number and date of state registration providing for amendment (s) and/or additions (s) to the RLA
 

Number and date of state registration providing for the suspension of the RLA (or its structural element)

Number and date of state registration providing for the invalidation of the RLA(s) (or its/their structural element)

Date of entry into force of a court decision on cancellation of state registration of the RLA with the date and number of the court decision

Other information

1










Explanation of how to fill out the State Registration Register of Regulatory Legal Acts on the Intranet portal of state bodies

      Information about the regulatory legal act is automatically included in the electronic register after assigning the state registration number of the regulatory legal act in chronological order.

  Form

State Registration Register of Regulatory Legal Acts in paper form

Item №
 

Date of state registration

Number of state registration

Name of the state body(-ies) that received the RLA

Date of receipt, number and title of the RLA

Number and date of state registration providing for amendment (s) and/or additions (s) to the RLA
 

Number and date of state registration providing for the suspension of the RLA (or its structural element)

Number and date of state registration providing for the invalidation of the RLA(s) (or its/their structural element)

Date of entry into force of a court decision on cancellation of state registration of the RLA with the date and number of the court decision

Other information

1










Explanation of how to fill out the State Registration Register of Regulatory Legal Acts in paper form

      The Register is a journal that must be bound, numbered, signed by the person responsible for maintaining the Register and sealed.

      2. The journal belongs to permanent records subject to the storage in a specially designated place with restricted access to unauthorized persons.

      3. The person responsible for maintaining the Register is appointed by the head of the relevant structural unit of the Ministry of Justice or a person acting for him/her, in territorial bodies - by the head of the relevant territorial body or a person acting for him/her.

      4. Information about the regulatory legal act shall be included in the Register within one working day of approval of the opinion on the state registration of the regulatory legal act in chronological order.

      5. Entries in the Register shall be clear, legible and in black ink. Pencil entries, strikethroughs and other corrections are not allowed.

      6. In the “Other information” column, one enters the surname, name, patronymic (if any) of the employee of the justice agency who conducted the legal examination, as well as other information that may arise in the course of maintenance of the republican (regional) section of the Register.

      7. In this case, the assigned state registration number is the next sequential number.

  Appendix 3
to Order № 246 as of May 6, 2019
of the Minister of Justice of the
Republic of Kazakhstan
Form

Stamp on state registration of a regulatory legal act

     


      Stamp dimensions: length - 7 cm, width - 3.5 cm

      *- regulatory legal acts marked “For official use” shall bear the “FOU” mark after the state registration number

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