Article 18. The procedure for the development and approval of draft subordinate regulatory legal acts of the Law on Legal Acts

Home / RLA / Article 18. The procedure for the development and approval of draft subordinate regulatory legal acts of the Law on Legal Acts

1. When drafting subordinate regulatory legal acts, the procedure provided for in Article 17-1 of this Law is applied, taking into account the specifics established by this article.

2. Specialists in 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 regulatory legal decrees of the President of the Republic of Kazakhstan, regulatory legal resolutions of the Government of the Republic of Kazakhstan and draft subordinate regulatory legal acts of other authorized bodies.

3. Drafts of subordinate regulatory legal acts of authorized bodies of the same level can be developed and, if necessary, adopted by several authorized bodies.

Drafts of subordinate regulatory legal acts of several authorized bodies are developed by them jointly in accordance with the procedure provided for by this Law and are adopted in the form of joint regulatory legal acts signed by the heads of authorized bodies.

Derivative types of joint subordinate regulatory legal acts are approved by means of the main subordinate regulatory legal acts of the authorized bodies that adopted the derivative subordinate regulatory legal act, indicating in it the main regulatory legal acts through which the derivative act was adopted.

4. Drafts of subordinate regulatory legal acts are developed by state bodies in accordance with their competence established by the legislation of the Republic of Kazakhstan, on their own initiative or on instructions from higher state bodies and officials, unless otherwise established by the legislation of the Republic of Kazakhstan.

If, in order to implement the legal norms of the draft regulatory legal decree of the President of the Republic of Kazakhstan, the regulatory legal decree of the Government of the Republic of Kazakhstan, it is necessary to introduce amendments and (or) additions to regulatory legal acts of one or a lower level, then simultaneously with the draft regulatory legal act of the main type, draft regulatory legal acts with these amendments and (or) amendments or instructions have been given to the relevant authorities on the preparation of such acts.

The developed drafts of subordinate normative legal acts, together with explanatory notes and comparative tables to them (in cases of amendments and (or) additions to subordinate normative legal acts), with the exception of draft normative legal acts of the President of the Republic of Kazakhstan, developed by the Office of the First President of the Republic of Kazakhstan – Elbasy, the Administration of the President of the Republic of Kazakhstan, are sent for approval to interested government agencies are placed for public discussion on the Internet portal of open regulatory legal acts.

5. The procedure for developing and approving draft subordinate regulatory legal acts on draft laws specified in the first part of paragraph 15 of Article 17-1 of this Law, as well as temporary resolutions of the Government of the Republic of Kazakhstan having the force of law, is determined by the rules of legislative work of the Government of the Republic of Kazakhstan.

The prepared draft of the subordinate regulatory legal act, and, if necessary, the draft of another subordinate regulatory legal act adopted for the purpose of its implementation, are sent for approval to the interested state bodies and organizations.

6. The approval by the judicial authorities of draft subordinate regulatory legal acts subject to state registration in accordance with Article 35-1 of this Law is carried out by conducting a legal examination for compliance with the legislation of the Republic of Kazakhstan, the availability of legal norms and the need for state registration in accordance with the rules for the development, coordination and state registration of regulatory legal acts.

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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases