Business will be able to participate in the formulation of laws from the "zero cycle"
The new law "On Legal Acts", signed by the Head of State, comes into force tomorrow in Kazakhstan
As it was noted by Laura Mersalimova, Acting Director of the Department of coordination of expertise of RLAs of the National Chamber of Entrepreneurs of Kazakhstan "Atameken", a number of proposals of NCE RK "Atameken" was taken into account during the development of the law. "In particular, in order to ensure participation of business in legislative activities from the “zero cycle”, NCE proposed to state bodies to send draft concepts of law to the accredited associations of private entrepreneurs and the National Chamber of entrepreneurs to obtain an expert opinion. In this case, the law stipulates that if the accredited association of private entrepreneurs and the National Chamber of entrepreneurs did not submit an expert opinion within the prescribed period (not less than 10 working days), the draft normative legal act shall be deemed approved without comment", - commented the representative of NCE.
Also, according to her, the proposal of "Atameken" on notification of NCE and accredited associations by the public authorities, regarding the reasons for disagreement with expert opinion, was taken into account. "Until today, despite a legally enforceable requirement to present a justification, the authorities do not always present to NCE the revised draft of a RLA and appropriate justification of disagreement with expert opinion. As a result, NCE has no information on the account of their comments and suggestions on the draft RLA, and as a result, is unable to protect the interests of business through participation in policy making. Thus, in some cases, the institute of examination of normative legal acts, affecting the interests of business, functioned formally", - said Laura Mersalimova.
Major novelty of the new law is that legal acts are divided into 2 groups: normative and non-normative legal. The current normative legal acts, provided by the law "On normative legal acts", will become invalid after introduction of the law.
The group of non-legislative acts includes acts of an official explanation of normative legal acts, legal acts in the sphere of state planning system as well as legal acts of individual application, which are currently regulated by the law "On administrative procedures". It should be noted, before the adoption of the law, the legal acts were regulated only by the law "On administrative procedures".
The law introduces a new form - planning of legislative activity – Conceptual plan of legislative work, covering the period of convocation of Parliament, to replace the previous project plan.
There is also a new kind of a normative legal act - Consolidated law - the law that regulates the complex nature of social relations in the following areas (areas):
1) state-owned property;
2) local state administration and self-governance;
3) education and science;
4) civil protection;
5) housing relations;
6) regulation, control and supervision of financial market and financial organizations;
7) transport;
8) permits and notifications;
9) rehabilitation and bankruptcy;
10) architecture, urban planning and construction.
There were introduced concepts "the analogy of the law" and "the right analogy"
The institute of official explanation of the normative legal acts will be regulated in a better way. Acts of the official explanation of normative legal acts are referred to the non-normative legal acts.
According to the law, the official explanation of norms, contained in the legal act, can be given in case of vagueness and ambiguous understanding of regulations, the contradictions in the practice of their application.
Acts of the official explanation of normative legal acts do not establish the rule of law and do not make up for the gap in the legislation of the Republic of Kazakhstan.
The official explanation of the normative legal act is given solely for the purpose of clarification of the law, it can’t change the meaning of the law and go beyond the explained norms.
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