Article 17-1. The procedure for exercising the right of legislative initiative by the Government of the Republic of Kazakhstan The Law on Legal Acts

Home / RLA / Article 17-1. The procedure for exercising the right of legislative initiative by the Government of the Republic of Kazakhstan The Law on Legal Acts

1. The developers of draft laws prepared in accordance with the legislative initiative of the Government of the Republic of Kazakhstan are the state bodies specified in paragraph 3 of Article 17 of this Law.

2. Other bodies, organizations and citizens have the right to submit proposals for the development of draft laws or submit such initiative projects to the central government bodies for consideration.

Central government agencies may adopt them as the basis for the draft laws they are developing or recognize their further development and adoption as impractical.

3. The central state body, unless otherwise established by the legislation of the Republic of Kazakhstan, may entrust the preparation of a draft law to its subordinate bodies and organizations or order its preparation on a contractual basis to specialists, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, associations of private business entities, scientific institutions, other organizations, individual scientists and collectives, including foreign ones, experts in relevant fields using allocated budget funds and grants for these purposes.

4. Prior to the development of the draft law, the central government body must ensure the procedures for the publication and discussion of the advisory document in accordance with the rules of legislative work of the Government of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan.

An advisory document affecting the interests of business entities is subject to mandatory discussion with the National Chamber of Entrepreneurs of the Republic of Kazakhstan and expert councils on private entrepreneurship established in accordance with the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter referred to as expert councils).

The discussion of the consultation document with the public includes its posting on the Internet portal of open regulatory legal acts for public discussion, as well as public hearings and debates.

Depending on the specifics of the public relations planned for regulation, discussions can be conducted using one or more of the above methods.

Draft laws, together with explanatory notes and comparative tables to them (in cases of amendments and/or additions to laws), are posted for public discussion on the Internet portal of open regulatory legal acts before being sent for approval to interested state bodies.

The procedure for posting and publicly discussing advisory documents, as well as draft laws on the Internet portal of open regulatory legal acts is determined by the rules of legislative work of the Government of the Republic of Kazakhstan.

5. If the rule of law proposed in the draft law requires preliminary testing, then this rule of law is limited by the law in which it is contained, by certain periods of its validity, and a pilot project is being conducted.

6. Within the framework of the pilot project, the state body analyzes the practice of applying the tested rule of law, during which the positive and negative consequences, social and other factors that influenced the application of such regulation, expenses incurred and income received in connection with the pilot project are determined.

The limitation on the validity period of the tested rule of law can be excluded based on the results of the analysis of the tested rule of law.

The procedure for conducting pilot projects is established by the rules of legislative work of the Government of the Republic of Kazakhstan.

6-1. In order to conduct a pilot project in the field of business regulation, government agencies must ensure that the conditions for conducting such a pilot project are fixed at the legislative level.

The participation of private business entities in the pilot project in the field of business regulation is exclusively voluntary.

7. Draft laws are developed on the basis of and in accordance with advisory documents, which are subject to revision in accordance with the procedure and on the grounds established by the rules of legislative work of the Government of the Republic of Kazakhstan.

Conceptual changes and additions may be made to the draft law on behalf of the President of the Republic of Kazakhstan as part of the annual messages of the Head of State to the people of Kazakhstan on the situation in the country and the main directions of the Republic's domestic and foreign policy.

8. The requirements for the development of an advisory document do not apply to draft laws on the republican budget, on guaranteed transfers from the National Fund of the Republic of Kazakhstan, on the volume of general transfers between the republican and regional budgets, budgets of cities of republican significance, the capital, and on draft laws on amendments and additions to them.

9. When developing a draft law, the drafting body creates a working group to prepare it or assigns such training to its divisions.

The participation of employees of the legal department of the drafting body responsible for the preparation of the draft law is mandatory in the development of draft laws.

Representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and accredited associations of private business entities are required to participate in the development of draft laws affecting the interests of private business entities.

10. Experts from various fields of knowledge, scientific institutions and other organizations, researchers, representatives of non-profit and other organizations may be involved in the preparation of draft laws.

Deputies of the Parliament of the Republic of Kazakhstan have the right at any stage to participate in the work of the working group on the preparation of the draft law.

When developing draft laws, the development body has the right to use scientific concepts of the development of legislation of the Republic of Kazakhstan, the results of fundamental and applied scientific research in the field of legal support for state activities, and other materials.

11. The prepared draft law is sent for approval to interested government agencies and organizations.

Financial and economic calculations are attached to the draft law providing for a reduction in government revenues or an increase in government spending.

If the adoption of subordinate regulatory legal acts is necessary for the implementation of the legal norms contained in the draft law (if there is no such need, this is indicated in the cover letter), draft subordinate regulatory legal acts are attached to the draft law, with the exception of draft laws developed on behalf of the President of the Republic of Kazakhstan. If the development of a draft subordinate regulatory legal act falls within the competence of another State body, then this state body submits the corresponding draft subordinate regulatory legal act to the developing body.

When drafting a law, the drafting bodies must develop a draft information support and clarification program.

12. Upon approval, the Ministry of Justice of the Republic of Kazakhstan issues an opinion on the draft law, including establishing the fact of comprehensive study of the draft law and disclosing the subject of regulation on the draft subordinate regulatory legal act and the draft information support and clarification program, in accordance with the rules of legislative work of the Government of the Republic of Kazakhstan.

13. State bodies and organizations to which the draft law has been sent for approval must prepare their comments and proposals on the draft law or inform the drafting body that developed the draft law of their absence within thirty calendar days from the date of receipt, unless otherwise established by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan.

The comments of a government agency or organization on a draft law must be submitted in writing and must contain proposals to eliminate deficiencies, be well-founded and exhaustive.

Based on the comments received, the draft law is being finalized and a certificate is drawn up on accepted and rejected comments, as well as the reasons for rejecting the comments.

14. The drafting body that created the working group may make amendments and/or additions to the draft law, which should be discussed with the working group.

15. In order to promptly respond to conditions that threaten the life and health of the population, the constitutional order, the protection of public order, and the economic security of the country, the Government of the Republic of Kazakhstan has the right to draft laws, as well as draft interim resolutions of the Government of the Republic of Kazakhstan, which have the force of law, in accordance with the second part of paragraph 2 of Article 61 of the Constitution of the Republic of Kazakhstan.

The development of the acts specified in the first part of this paragraph must be justified, accompanied by supporting data reflecting the crisis situation, current challenges, force majeure circumstances and the scale of real damage that may occur if the Government of the Republic of Kazakhstan fails to take operational legislative measures, and the proportionality of the measures taken.

The normative legal acts specified in the first part of this paragraph may include only provisions whose legislative regulation is urgent. The inclusion of other provisions not related to the resolution of issues related to the rapid response to crisis situations is not allowed.

The draft interim resolution of the Government of the Republic of Kazakhstan, which has the force of law, is an integral part of the draft law developed for the purpose of rapid response to crisis situations.

It is not allowed to develop and adopt an interim resolution of the Government of the Republic of Kazakhstan, which has the force of law, separately from a draft law developed for the purpose of rapid response to crisis situations.

The adoption of an interim resolution of the Government of the Republic of Kazakhstan, which has the force of law, is possible only after submitting the relevant draft law provided for in part one of this paragraph to the Mazhilis of the Parliament of the Republic of Kazakhstan.

The interim resolution of the Government of the Republic of Kazakhstan, which has the force of law, must correspond to the text of the draft law submitted to the Parliament of the Republic of Kazakhstan.

The interim resolution of the Government of the Republic of Kazakhstan, which has the force of law, is valid until the laws adopted by the Parliament of the Republic of Kazakhstan enter into force or until the laws are not adopted by the Parliament of the Republic of Kazakhstan.

The specifics of the development of draft laws and interim resolutions of the Government of the Republic of Kazakhstan having the force of law, specified in part one of this paragraph, are determined by the rules of legislative work of the Government of the Republic of Kazakhstan.

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.

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