Information message about the Law" On Amendments and additions to some legislative acts of the Republic of Kazakhstan on improving the rule-making " adopted on March 12 this year

On March 12 of this year, the President of the Republic of Kazakhstan signed the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on improving Rule-making" (hereinafter-the Law).

According to the Law, the whole approach of the state to the adoption of laws is changing. If earlier laws were discussed in a narrow circle of representatives of state bodies, now at the initial stage they will have to be widely discussed with the public and with each of its interested target groups.

For this purpose, a new stage of the legislative process is being introduced, specifically designed for public consultations. At this stage, the authorized state bodies should analyze the problems and discuss their solutions with the public.

Thus, the future procedure for the adoption of laws is as follows (in stages):

• the stage of identifying the problem (the problem can be identified in various ways, including by reviewing citizens ' appeals or by conducting legal or public monitoring, etc.);
• formation of a Consultation document (it should include all the analysis carried out on the existing problem);
• discussion of the formed Consultation Document with the public (three ways of discussion will be available-it is through commenting on the portal "Open NPAs", public hearings and debates).
• identify specific ways to solve problems. That is, the authorized state body determines its further policy and decides on the feasibility of developing a separate law to solve the problem under discussion only after consulting with the public.

Previously, there was no second or third stage.

In general, the Law not only improves the mechanisms for public involvement in the legislative process, but also solves a number of other important issues. In particular, it strengthens the requirements for information and explanatory work of state bodies.

To do this, each draft law and the adopted law will be accompanied by an information support program.

This program should contain activities that reveal the ways and terms of informing citizens about upcoming or introduced changes in legislation.

In addition to carrying out information and explanatory work, the new Law obliges state bodies to set deadlines for preparing citizens for the new regulation (at least 60 days).

This means that the rules providing for new duties for citizens will be put into effect at least after 60 days.

The Law also introduces an assessment of the effectiveness of the adopted laws. That is, public authorities will begin to assess the real impact of the adoption of laws on the regulated areas of relations and will be required to report on the achievement of the goals of the adoption of laws in practice within five years after its adoption.

This is done in order to ensure maximum transparency of the work carried out.

It should be noted that the new requirements apply only to draft laws developed on the initiative of the Government.

 

Auliekol Interdistrict
Department of Justice