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Article 1. The basic concepts used in this Law of the Law on Legal Acts

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law of the Law on Legal Acts

     The following basic concepts are used in this Law:

      1) development body – state bodies, local representative and executive bodies that develop regulatory legal acts in accordance with their competence established by the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts;

     1-1) scientific legal expertise is an independent professional expert analysis of the objects of scientific legal expertise in terms of assessing their quality, validity, scientific elaboration of the project, determining possible negative social and legal consequences of its adoption, compliance of the proposed norms with the legal system and the legislative system;

     1-2) scientific legal expert – an individual who is in the register of scientific legal experts;

     1-3) register of scientific legal experts – a list of scientific legal experts involved in conducting scientific legal expertise;

     1-4) The E-zannama information system is a unified legal system designed to analyze (monitor) the legislation of the Republic of Kazakhstan, as well as automate individual rulemaking processes;

     2) regulation – a regulatory legal act defining the status and powers of a government agency;

     3) a legal act of individual application is a written official document of the authorized body exercising its powers, which does not contain legal norms and is not related to the exercise of the rights and obligations of individuals and legal entities.;

      4) the law is a normative legal act that regulates the most important public relations, establishes the fundamental principles and norms stipulated by the Constitution of the Republic of Kazakhstan.;

     5) subordinate normative legal acts – other non-legislative acts, normative legal acts issued on the basis of and (or) in pursuance of and (or) for the further implementation of legislative and other higher-ranking normative legal acts;

     6) excluded by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023); 6-1) excluded by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023);  

     7) legislative act – a law introducing amendments and additions to the Constitution of the Republic of Kazakhstan, constitutional law, code, consolidated law, law, interim resolution of the Government of the Republic of Kazakhstan having the force of law, resolution of the Parliament of the Republic of Kazakhstan, resolutions of the Senate and Majilis of the Parliament of the Republic of Kazakhstan;

     8) legal expertise – verification of a draft regulatory legal act or an adopted regulatory legal act for its compliance with the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan, legal technology;

     9) legal technique – a set of methods, requirements and rules for registration of legal acts;

     10) analogy of the law is the application to unsettled social relations of the norms of laws regulating similar social relations.;

      11) code is a law that combines and systematizes the norms of law governing homogeneous and important social relations provided for in Article 8 of this Law.;

      12) constitutional law – a law adopted on issues stipulated by the Constitution of the Republic of Kazakhstan in accordance with the procedure established by paragraph 4 of Article 62 of the Constitution of the Republic of Kazakhstan.;

     13) rules – a regulatory legal act defining the procedure for the organization and implementation of any type of activity;

     14) The State Register of regulatory Legal Acts of the Republic of Kazakhstan is a unified system of state accounting of regulatory legal acts of the Republic of Kazakhstan, containing the details of regulatory legal acts and other information of an informational and reference nature about these acts;

     15) Reference control Bank of regulatory legal acts of the Republic of Kazakhstan – a set of regulatory legal acts on paper and an electronic system of regulatory legal acts in the form of an electronic document, information about which is entered in the state register of regulatory legal acts of the Republic of Kazakhstan;

     16) legislation of the Republic of Kazakhstan – a set of regulatory legal acts adopted in accordance with the established procedure;

      17) a law introducing amendments and additions to the Constitution of the Republic of Kazakhstan is a law adopted in accordance with the procedure established by paragraph 3 of Article 62 and paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan.;

     18) a rule of law is a generally binding rule of conduct of a permanent or temporary nature, designed for repeated application, extending to an individually indefinite circle of persons within the framework of regulated public relations.;

     19) a legal act is a written official document of the prescribed form containing a rule of law adopted at a republican referendum or by an authorized body, or a decision of the prescribed form containing an individual authoritative legal order.;

     19-1) Unified Legal Information System – a system of centralized access to the Reference Control Bank of Regulatory legal acts of the Republic of Kazakhstan and a systematized database of regulatory legal acts of the Republic of Kazakhstan;

      20) legal monitoring is a system of continuous monitoring, collection, analysis of information on the state of the legislation of the Republic of Kazakhstan and the practice of its application in order to assess and predict the effectiveness of the legislation of the Republic of Kazakhstan, develop proposals for its improvement, carried out in accordance with Articles 50 and 51 of this Law;

     21) analogy of law – application of the meaning of legislation, general principles of law and principles of specific branches of law to unregulated social relations;

     22) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication); 23) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);  

     24) non–normative legal act is a decision of an authorized body that does not contain a rule of law, adopted in a prescribed written or other form within its competence, implementing the rights and obligations of individually defined persons established by the legislation of the Republic of Kazakhstan, or clarifying the norms contained in a regulatory legal act, as well as a legal act of individual application or a legal act in the field of the system State planning;

     25) a normative legal act is a written official document of the prescribed form, adopted at a republican referendum or by an authorized body, establishing legal norms, amending, supplementing, terminating or suspending their operation.;

     26) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);  

      27) The Register of state registration of normative legal acts is a list containing the number of state registration and the details of the normative legal acts specified in subitems 6), 7), 8) and 9) of paragraph 2 of Article 7 of this Law, which have passed state registration in the judicial authorities of the Republic of Kazakhstan.;

     28) the level of a normative legal act is the place of a normative legal act depending on its legal force in the hierarchy of normative legal acts.;

     29) the legal force of a normative legal act is a characteristic of a normative legal act that determines the obligation of its application to relevant public relations, as well as its advantage or subordination in relation to other normative legal acts.;

     30) official publication of a regulatory legal act – publication for general information of the full text of a regulatory legal act in Kazakh and Russian languages in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in electronic form, in official printed publications, as well as in periodicals in cases provided for by this law;

      31) an act of official clarification of a normative legal act is a written official document of the prescribed form explaining the norms contained in the normative legal act that meets the requirements and conditions specified in Chapter 13 of this Law.;

     32) instruction – a regulatory legal act detailing the application of legislation in any area of public relations;

     32-1) pilot project – a procedure carried out by a government agency in order to identify the result of the introduced regulation;

     32-2) subjects of regulation – persons who are subject to regulatory legal acts;

     32-3) regulatory burden – the financial burden of regulatory entities in connection with the establishment of mandatory requirements by the legislation of the Republic of Kazakhstan, including the expenditure of time and human resources;

     32-4) regulatory policy – government regulation of public relations through regulatory legal acts;

     32-5) regulatory policy advisory document (hereinafter referred to as the advisory document) is a document of the prescribed form, which should contain problems of state regulation in a specific area, ways to solve them, justification for the need to develop a draft law and other provisions determined by the Government of the Republic of Kazakhstan.;

33) technical regulations – a regulatory legal act that establishes requirements for products or for products and related life cycle processes, developed and applied in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation or an international treaty ratified by the Republic of Kazakhstan;

      34) authorized body – state bodies and officials of the Republic of Kazakhstan that have the right to adopt legal acts in accordance with their competence established by the Constitution of the Republic of Kazakhstan, this Law, as well as the legislation of the Republic of Kazakhstan defining the legal status of these bodies and officials (the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Chambers of Parliament, the Government of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan Kazakhstan, Supreme Court of the Republic of Kazakhstan, Central Election Commission of the Republic of Kazakhstan, The Supreme Audit Chamber of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan, central executive bodies, local representative and executive bodies, akims, other state bodies and officials);

     35) excluded by the Law of the Republic of Kazakhstan dated January 21, 2019 No. 217-VI (effective ten calendar days after the date of its first official publication);  

      36) consolidated law is a law regulating complex public relations in the spheres (areas) provided for in Article 9 of this Law.

 

 

The Law of the Republic of Kazakhstan dated April 6, 2016 No. 480-V SAM.

     This Law regulates public relations related to the procedure for the development, submission, discussion, adoption, registration, enactment, amendment, addition, termination, suspension and publication of legal acts of the Republic of Kazakhstan.

  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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