ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 2021 No. 511

About modification and amendments in some Decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. This resolution becomes effective after ten calendar days from the date of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of July 23, 2021 No. 511

Changes and additions which are made to some Decisions of the Government of the Republic of Kazakhstan

1. In the order of the Government of the Republic of Kazakhstan of December 10, 2002 No. 1300 "About Regulations of the Government of the Republic of Kazakhstan":

in the Regulations of the Government of the Republic of Kazakhstan approved by the specified resolution:

state Item 82 in the following edition:

"82. The draft of the Plan for the forthcoming year is created by the Ministry of Justice based on the positive conclusion of the Interdepartmental commission concerning bill activities under the Government of the Republic of Kazakhstan (further - the Interdepartmental commission) according to drafts of the concept of bills which are represented by state bodies to the Ministry of Justice annually, till July 1. At the same time drafts of the concept of bills shall be approved by the Interdepartmental commission annually, till August 1.

The draft of the Plan shall contain specifying on:

1) the name of the bill which development is supposed forthcoming year, reflecting its level, form and subject of regulation;

2) terms of project development of the law and its submission to Parliament of the Republic of Kazakhstan;

3) bodies, the organizations and officials who are responsible for project development of the law.

At the same time the term of entering of the bill into Parliament shall not be less than two months of fixed term of its entering into the Government, except for drafts of the laws drafted in implementation of the Budget code of the Republic of Kazakhstan.

The created draft of the Plan is submitted in the Government annually, till October 1 according to the procedure, established for introduction of drafts of the orders of the Government. At the same time the Ministry of Justice to the draft of the Plan puts the reference containing reasons for need of development of each bill included in the draft of the Plan.

The draft of the Plan is submitted to the Head of state till November 15 and affirms no later than December 31 of the year preceding planned.

In case of untimely submission of offers in the draft of the Plan of bill works till July 1 of the current year by state bodies, the Ministry of Justice brings to the head of the relevant state body or person fulfilling its duties, the offer on accountability of the head of legal service.

In case of lack of offers in the draft of the Plan the relevant state body sets to the Ministry of Justice in the specified time the official letter about lack of offers.";

add Item 84 with part four of the following content:

"At the same time in case of inclusion of bills in the approved Plan the draft of the concept of this bill shall be approved by the Interdepartmental commission.";

the second Item 90 to state part in the following edition:

"The specified conclusions without fail are introduced by developer in Office in the state and Russian languages together with other materials to the bill. In case of the negative conclusion of scientific examination (except for the state environmental assessment by results of which comments shall be resolved in the bill) the state body developer of the bill independently makes the decision on completion of the bill according to offers of the expert opinion, and also conducting repeated examination.";

add Item 91-1 with part three of the following content:

"For the purpose of ensuring timely introduction of bills the state body developer in case of the direction of the bill on approval in the interested state bodies without fail shall request from them data (information) on feasibility of development of new subordinate regulatory legal act or modification and amendments of the operating subordinate regulatory legal act in the field of the public legal relationship regulated by them.

At the same time state bodies in which competence project development of subordinate regulatory legal act belongs shall provide projects of subordinate regulatory legal acts within one month from the date of receipt of the corresponding request.

If project development of subordinate regulatory legal acts is not required, state bodies in which competence development of such projects of subordinate regulatory legal acts belongs shall send within 5 working days the corresponding response to the inquiry which arrived from body developer.";

state Item 95 in the following edition:

"95. The materials brought in Office under the bill shall contain prepared in the state and Russian languages:

1) the cover letter signed by the first head of the state body developer of the bill or person fulfilling its duties. At the same time each draft of the order of the Government about the relevant bill is introduced by the separate cover letter;

2) the bill (including on electronic media) and the draft of the order of the Government about entering of this bill (bills) into the Majilis of Parliament, polistno initialed by the head of the state body developer, approved (vised) according to the procedure, established by Section 4.2 of these Regulations for the orders of the Government;

3) the explanatory note to the draft of the order of the Government prepared according to requirements of Section 4.5 to these Regulations;

4) the draft of the explanatory note to the bill with reasons for need of adoption of the project with the developed characteristic of the purposes, tasks and basic provisions of the bill;

5) to the bill providing modification and/or amendments in the existing legal acts, the comparative table of the operating and offered editions of Articles with the corresponding reasons for the made changes and additions in form according to appendix 7 to these Regulations.

At the same time in reasons the reference to specific Item or provision of the concept approved on commission session is surely given;

6) leaf (sheets) of approval of the bill (bills) of the interested state bodies;

7) in case of availability of disagreements between the approving state bodies, the conclusions of other state bodies, protocols of disagreements according to Section 4.2 of these Regulations;

8) the advisory document and the approved concept of the bill;

9) the certificate of results of discussion of the bill in mass media, including on the Internet, and accounting of public opinion, polistno initialed by the head of the state body developer of the bill.

The program of information maintenance, explanation and reports following the results of public discussions of the advisory document and bill in case of project development of the law according to the procedure of the legislative initiative of the Government of the Republic of Kazakhstan is attached to the reference;

10) financial and economic calculations if project implementation of the law entails reducing receipts or increase in expenses republican and local budgets and (or) National fund, attraction of grants, loans or sponsoring from the international sources;

11) forecasts of possible economic, social, legal, ecological effects of operation of the adopted law.

Assessment of social and economic effects of operation of the adopted law is drawn up according to the methodical recommendations about assessment of social and economic effects of operation of the adopted bills approved by authorized body on state planning;

12) the conclusions by results of scientific (legal, economic, linguistic, anti-corruption and others) examinations depending on the legal relationship regulated by the bill.

In case of disagreement with the conclusion of scientific examination, the developer of the bill shall apply the written reasoned reasons for the reasons of disagreement with the corresponding conclusion which were directed to the expert organization;

13) if the bill infringes on interests of subjects of private entrepreneurship, expert opinions of National chamber of entrepreneurs of the Republic of Kazakhstan and accredited associations of subjects of private entrepreneurship;

14) if the bill concerns the rights, freedoms and obligations of citizens, the recommendation of discussion of the bill with public councils, except as specified, when creation of public council in state body "About public councils" is not provided by the Law of the Republic of Kazakhstan;

15) help leaf in form according to appendix 5 to these Regulations.

In case of rejection of the recommendations containing in expert opinions under the bill, the developer shall provide the reasoned reasons for the reasons of rejection in the help sheet;

16) the copy of the positive decision of the Republican budget commission concerning drafts of the laws providing reducing the income or increase in expenses republican and (or) local budgets and (or) National fund;

17) the list of the legal acts which are subject to change or recognition voided in connection with adoption of the corresponding legal act;

18) projects of the subordinate regulatory legal acts necessary for project implementation of the law drafted according to the procedure of the legislative initiative of the Government if ensuring its action requires acceptance of subordinate regulatory legal act (if such need is absent, then it is specified in the draft of the explanatory note to the bill);

19) the analysis of regulatory impact in the cases provided by the Entrepreneurial code of the Republic of Kazakhstan concerning projects of the regulatory legal acts infringing on interests of subjects of private entrepreneurship;

20) the list of members of persons responsible for support of the bill in Parliament, according to appendix 5-3 to these Regulations.

At the same time the requirements established by subitems 8) and 12) of this Item do not extend to the drafts of the laws developed in the simplified procedure.";

state Item 101-1 in the following edition:

"101-1. Together with bills the materials specified in subitems 4), 5), 9), 10), 11), 12), 13), 14), 18) and 19) of Item 95 of these Regulations are brought in the Majilis of Parliament.";

state Item 114 in the following edition:

"114. Within 5 (five) working days from the date of adoption of the legal act by Parliament the state body developer (or owing to its competence) sends in the interested state bodies for approval the draft of the corresponding order of the Prime Minister providing:

1) determination of state body (state bodies) by the executive in charge (executives in charge) on project development of legal acts which adoption is caused by this legal act;

2) specific terms of development and entering of legal acts into Office or the directions on state registration in judicial authorities which shall not exceed two months, or state registration in judicial authorities which shall not exceed three months from the date of entry into force of the legal act, except for legal acts for which in the legal act later terms of enforcement (at least a month before their introduction in action), and also execution of other orders containing in the draft of the order are provided.

At the same time for developments of legal acts of the state bodies which are not subject to state registration to consider the moment of their acceptance.

Information on execution of the order, specified in the list of departmental legal acts approved by the order of the Prime Minister, state bodies monthly no later than the 10th day of the next month represent to the state body developer of the order of the Prime Minister.

The state body developer generalizes the provided information following the results of quarter and no later than the 20th day of the next quarter sends this information to the Government.

At the same time, if in the time established by the order of the Prime Minister, the draft of the bylaw is out of time introduced to Office, directed to state registration in judicial authorities or accepted without provision of the reasonable reasons by state body, copies of the order on imposing of authority punishment on the head of the structural unit responsible in authorized state body for project development of the legal act are without fail put.

In cases of untimely entering into Office, the directions idea of punishment of the official responsible for development and adoption of the corresponding draft of the bylaw specified at the disposal of the Prime Minister goes for state registration in judicial authorities or acceptances without the reasonable reasons of the draft of the legal act over 1 (one) month from the term provided in the order of the Prime Minister in Office.

In cases of rejection of measures by the state bodies developers the structural division of Office makes the offer on punishment of the guilty responsible official of state body for untimely adoption of the legal act;

3) the order about acceptance and/or reduction in compliance with the adopted legal act of bylaws;

4) specifying of deputy first heads, chiefs of staff of the state bodies responsible for quality, timeliness of development and introduction of the legal acts supervising the sphere of regulation of these acts.

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