"Gaps" in the legislation of the Republic of Kazakhstan and ways to solve them.

"Gaps" in the legislation of the Republic of Kazakhstan and ways to solve them.

 

Summing up the results of the state audit of the use of budgetary funds and state assets in the subjects of the quasi-public sector of the health care sector, including those allocated for the implementation of the State Program for the Development of Healthcare of the Republic of Kazakhstan "Densaulyk" for 2016-2019 ", I would like to note that, along with the established violations of the budget and other legislation for a total amount of 94 198.8 thousand tenge, (29 procedural violations, 15 systemic and 17 other violations) there are violations of other legislation of the Republic of Kazakhstan, which, due to gaps in the legislation, do not allow them to be classified in the register of violations.

So, during the audit of corporate governance of utilities, the question arose about the composition of the supervisory board, which includes the first heads of enterprises, where, in accordance with the norm of paragraph 1 of Article 148 of the Law of the Republic of Kazakhstan "On State Property" economic management ".

Meanwhile, paragraph 4 of the Rules for creating a supervisory board in state-owned enterprises on the right of economic management, approved by order of the Minister of National Economy of the Republic of Kazakhstan No. 113 dated February 20, 2015, this norm is interpreted: , except for the head of a state enterprise. "

In order to eliminate this gap, the Audit Commission sent a proposal to the Ministry of National Economy of the Republic of Kazakhstan to amend paragraph 1 of Article 148 of the Law of the Republic of Kazakhstan "On State Property" and add the words "except for the head of a state enterprise" by analogy with paragraph 4 of the Rules creation of a supervisory board in state-owned enterprises on the basis of the right of economic management.    

As a result of erroneous qualification, generally accepted legal principles of justice and responsibility are violated, since the qualification of an offense requires compliance with the composition set forth in the Law “On State Property” and the Rules for the Establishment of a Supervisory Board in State Enterprises on the basis of the right of economic management.

The Ministry of National Economy of the Republic of Kazakhstan, by letter dated October 24, 2019 No. 2-13 / 1486, supported our proposal to introduce a similar revision to paragraph 1 of Article 148 of the Law of the Republic of Kazakhstan "On State Property".

The application of the proposals, in our opinion, will help to minimize the commission of qualification errors, increase the efficiency of work and promote the unity of law enforcement practice.