On measures to ensure the right of legislative initiative of the President of the Republic of Kazakhstan and to bring certain acts of the President of the Republic into line with the Constitution of the Republic of Kazakhstan

Decree of the President of the Republic of Kazakhstan dated September 21, 2007 No. 413

To be published in the Acts of the President and Government of the Republic of Kazakhstan    

     In order to ensure the implementation of the right of legislative initiative of the President of the Republic of Kazakhstan, to bring acts of the President of the Republic in accordance with the Constitution of the Republic and in accordance with subparagraph 3) I HEREBY DECREE paragraph 2 of Article 21 of the Constitutional Law of December 26, 1995 "On the President of the Republic of Kazakhstan".:

     1. To approve the attached Rules for the implementation of the right of legislative initiative of the President of the Republic of Kazakhstan.

     2. To make amendments and additions to the following decrees of the President of the Republic of Kazakhstan: 1) in  Decree of the President of the Republic of Kazakhstan dated July 2, 1996 No. 3051 "On approval of the Regulations on the Procedure for Submitting Laws of the Republic of Kazakhstan for signature and consideration by the President of the Republic of Kazakhstan, their Registration, publication and storage" (SAPP of the Republic of Kazakhstan, 1996, No. 30, art. 267): in the Regulation on the procedure for submitting laws of the Republic of Kazakhstan for signature and consideration by the President of the Republic of Kazakhstan, their registration, publication and storage, approved by the above-mentioned Decree: in the text, the words "on issues" should be deleted; in the second sentence of paragraph 2: the words "mandatory to the legal assistant, as well as" should be deleted; after the words "Copies of the law", add the word "also"; in paragraph 3: replace the words "representatives of the President in the Chambers of Parliament" with the words "head of the Presidential Representation in Parliament";      delete the second and third sentences; add paragraph 4-1 as follows: "4-1. The President of the Republic signs the law submitted by the Senate of Parliament within one month, promulgates the law or returns the law or its individual articles for reconsideration and voting."; in paragraph 8, the words "together with the assistant to the Head of State for legal affairs" should be deleted; in paragraph 9: the words "his assistant for legal affairs," should be deleted;      replace the words "representatives of the Head of State in the Chambers of Parliament" with the words "head of the Presidential Representation in Parliament"; 2) (Abrogated by Decree of the President of the Republic of Kazakhstan dated March 11, 2008 No. 552);      3) to the Decree of the President of the Republic of Kazakhstan dated May 17, 2002 No. 873 "On approval of the Rules for coordination with the President of the Republic of Kazakhstan of plans for legislative work of the Government of the Republic of Kazakhstan and with the Administration of the President of the Republic of Kazakhstan of draft laws submitted by the Government to the Mazhilis of the Parliament of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2002, No. 15, art. 157; 2004, No. 33, Article 438; 2006, No. 8, article 63): in the Rules for coordination with the President of the Republic of Kazakhstan of the plans of legislative work of the Government of the Republic of Kazakhstan and with the Administration of the President of the Republic of Kazakhstan of draft laws submitted by the Government to the Mazhilis of the Parliament of the Republic of Kazakhstan, approved by the above-mentioned Decree: in paragraph 10: in subparagraph 5), after the words "national security", add the words ", in the field of law enforcement and administration of justice";      add subparagraph 6) as follows: "6) draft laws on the republican budget for the upcoming fiscal year, as well as those providing for amendments and additions to the law on the Republican budget for the relevant year."

     3. This Decree shall enter into force from the date of signing.

      President of the Republic of Kazakhstan

APPROVED         By Decree of the President of the Republic of Kazakhstan dated September 21, 2007 No. 413

 Rules for the realization of the right of legislative initiative of the President of the Republic of Kazakhstan

     These Rules define the procedure for the implementation of the constitutional right of the Head of State to legislative initiative in the Parliament of the Republic of Kazakhstan.

     1. The legislative initiative of the President of the Republic of Kazakhstan is the official submission by the President of the Republic of Kazakhstan of a draft legislative act of the Republic of Kazakhstan for consideration by the Mazhilis of the Parliament of the Republic of Kazakhstan.      In these Rules, legislative acts are understood as constitutional laws, codes, laws, and regulatory resolutions of the Parliament of the Republic of Kazakhstan.

     2. The right of legislative initiative is exercised in the following forms: introduction of draft legislative acts of the Republic of Kazakhstan; introduction of drafts on amendments, additions and invalidation of legislative acts.

     3. The development of draft legislative acts to be submitted to the Mazhilis of the Parliament of the Republic of Kazakhstan as a legislative initiative of the President of the Republic of Kazakhstan is carried out by the Administration of the President of the Republic of Kazakhstan and (or) the Government or other state bodies, as well as non-governmental organizations and citizens on behalf of the President of the Republic of Kazakhstan or the Head of the Presidential Administration of the Republic of Kazakhstan, based on the instructions of the Head of State.

     4. Proposals on the development of draft laws to be submitted to the Mazhilis of the Parliament of the Republic of Kazakhstan as a legislative initiative of the President of the Republic of Kazakhstan may be submitted to the Head of State by his Administration, the Government, central and local state bodies of the Republic of Kazakhstan, local governments, as well as non-governmental organizations and citizens.

     5. The proposals specified in paragraph 4 of these Rules are considered by the State Legal Department of the Presidential Administration, and, if necessary, with the involvement of other departments of the Presidential Administration. Based on the results of the review, the State Legal Department of the Presidential Administration makes appropriate proposals to the Head of the Presidential Administration of the Republic of Kazakhstan for a subsequent report to the Head of State.       The footnote. Paragraph 5 as amended by Decree of the President of the Republic of Kazakhstan dated 04/24/2008 N 576 .

     6. If the Head of State decides on the expediency of submitting a draft legislative act to the Mazhilis of Parliament as a legislative initiative of the President of the Republic of Kazakhstan, the State Legal Department of the Presidential Administration shall ensure the development of a draft legislative act and the text of a special message from the Head of State to the Parliament of the Republic within one month, unless another deadline is set by the President of the Republic of Kazakhstan or the Head of his Administration.       The footnote. Item 6 as amended by Decree of the President of the Republic of Kazakhstan dated 04/24/2008 N 576.

     7. A special message is an official letter from the President of the Republic of Kazakhstan, by which a draft legislative act is submitted to the Mazhilis of the Parliament of the Republic of Kazakhstan. A special message should contain the name of the draft legislative act and the justification for its adoption.

     8. The prepared draft is coordinated with the interested departments of the Presidential Administration, and, if necessary, with interested government agencies, and can also be sent for scientific examination.      The need to coordinate the draft legislative act with other government agencies or send it for scientific examination is determined by the President of the Republic of Kazakhstan or his Administration.      Bills that require financial expenditures or envisage a reduction in government revenues are considered by the Ministry of Economy and Budget Planning and the Republican Budget Commission.      The conclusion of the Government of the Republic of Kazakhstan on a draft legislative act initiated by the President of the Republic of Kazakhstan in accordance with his legislative initiative is not required.       The footnote. Paragraph 8 as amended by Decree of the President of the Republic of Kazakhstan dated November 28, 2007 No. 450.

     9. The coordinating divisions of the Presidential Administration and state bodies consider the draft legislative act and make proposals to it within no more than ten working days, unless another deadline is set when sending the draft for approval.

     10. If the development of a draft legislative act has been entrusted to other state bodies, the responsible State body shall develop a draft legislative act within one month, unless another deadline is set by the Head of State or the Head of the Presidential Administration, and submit the prepared draft to the Presidential Administration.

     11. The examination of the prepared draft legislative act is carried out by the State Legal Department of the Presidential Administration, taking into account the suggestions and comments of interested Departments of the Presidential Administration within ten working days, unless another deadline is set by the President of the Republic of Kazakhstan or the Head of the Presidential Administration of the Republic of Kazakhstan.       The footnote. Paragraph 6 as amended by Decree of the President of the Republic of Kazakhstan dated 04/24/2008 N 576 .

     12. If there are comments on the draft legislative act, the draft is returned to the developer to eliminate the comments and finalize it within no more than seven working days.

     13. The prepared and agreed draft legislative act and the draft special message are submitted to the Head of State for consideration.

     14. The presentation in the Parliament of the Republic of Kazakhstan of a draft legislative act submitted in accordance with the legislative initiative of the Head of State is carried out on behalf of the President of the Republic by an appropriate official of the Presidential Administration or another official of the state.

15. The President of the Republic of Kazakhstan has the right to withdraw from Parliament a draft legislative act initiated by him at any stage of consideration of the draft law.

     16. These Rules do not apply to cases of drafting, approving, and submitting to Parliament draft laws providing for amendments and additions to the Constitution of the Republic of Kazakhstan on the initiative of the Head of State.

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