On approval of the Rules for development, coordination of drafts of by-law normative legal acts

Decree of the Government of the Republic of Kazakhstan dated October 6, 2016 No. 569.

      Unofficial translation

      In accordance with paragraph 7 of article 21 of the Law of the Republic of Kazakhstan dated April 6, 2016 "On legal acts", the Government of the Republic of Kazakhstan HEREBY DECREES:

      1. To approve the attached Rules for development, coordination of drafts of by-law normative legal acts.

      1-1. Excluded by Government Decree No. 313 of 13.05.2021.

      2. This decree shall come into force from the date of signing.

      Prime Minister
      of the Republic of Kazakhstan B. Sagintayev

  Approved by
Decree of the Government
of the Republic of Kazakhstan
No. 569 of October 6, 2016

Rules for Developing, Approving Draft By-Laws

      Footnote. The Rules as reworded by Decree No. 313 of the Government of the Republic of Kazakhstan dated 13.05.2021.

Chapter 1. General provisions

      1. These Rules for Developing, Approving Draft By-Laws (hereinafter, the Rules) have been elaborated as per paragraph 5 of Article 18 of the Law of the Republic of Kazakhstan of 6 April 2016 "On Legal Acts" (hereinafter, the Law "On Legal Acts") and determine the procedure for drafting and approving by-laws.

      2. The draft by-laws shall be:

      1) regulatory legal decrees of the President of the Republic of Kazakhstan;

      2) regulatory legal decrees of the Government of the Republic of Kazakhstan (hereinafter referred to as draft decrees);

      3) regulatory legal resolutions of the Central Election Commission of the Republic of Kazakhstan, the Accounts Committee for Control over Execution of the Republican Budget of the Republic of Kazakhstan, the National Bank of Kazakhstan and other central state authorities, regulatory legal orders of ministers of the Republic of Kazakhstan and other heads of central state authorities, regulatory legal orders of heads of departments of central state authorities;

      4) regulatory legal decisions of maslikhats, regulatory legal decisions of akimats, regulatory legal decisions of akims and regulatory legal decisions of audit commissions.

      3. The procedure of elaboration, coordination and submission for signature of the drafts of regulatory legal decrees of the President of the Republic of Kazakhstan shall be determined by the Rules of Preparation, Approval and Submission to the President of the Republic of Kazakhstan of a Draft of the Presidential Address to the People of Kazakhstan, Preparation, Coordination, Submission for Signature of Draft Acts and Orders of the President of the Republic of Kazakhstan, Implementation of the Presidential Address to the People of Kazakhstan, Monitoring the Implementation of the Acts and Instructions of the President of the Republic of Kazakhstan, as well as the Instructions Contained in the Decisions of the Security Council of the Republic of Kazakhstan and the Assembly of Peoples of Kazakhstan, Monitoring the Regulatory Legal Decrees of the President of the Republic of Kazakhstan, approved by Presidential Decree № 976 of April 27, 2010.

      4. The procedure for the development, approval and state registration of draft by-laws of central and local state bodies shall be governed by the Rules for the Development, Approval and State Registration of By-Laws, approved by Decree No. 568 of the Government of the Republic of Kazakhstan, dated October 6, 2016.

      5. Development and approval of drafts by-laws that are classified or marked “For Official Use” shall be performed with due consideration of the specifics of the legislation of the Republic of Kazakhstan on protection of state secrets and as per the Rules for Classification of Information as Official Information of Limited Distribution and its Handling approved by Decree No. 1196 of the Government of the Republic of Kazakhstan dated December 31, 2015.

Chapter 2. Drafting of decrees and resolutions

      6. The drafting of decrees and resolutions shall be based on and pursuant to the Constitution of the Republic of Kazakhstan, legislative acts, acts of the President and the Government of the Republic of Kazakhstan.

      7. Draft decrees and resolutions shall be developed by public authorities pursuant to their competence as prescribed by the legislation of the Republic of Kazakhstan, on their own initiative or on the instructions of superior state bodies and officials, unless otherwise stipulated by the legislation of the Republic of Kazakhstan.

      If the implementation of the rules of law of the draft decree or resolution being prepared requires amendments and/or additions to legal acts of one or lower level, draft by-laws with the said amendments and/or additions must be prepared simultaneously with the draft decree or resolution of the main type or instructions must be given to the relevant bodies to prepare such acts.

      Draft decrees or resolutions may be developed by the Office of the Prime Minister of the Republic of Kazakhstan (hereinafter referred to as the Office) on behalf of the Prime Minister of the Republic of Kazakhstan.

      8. The public drafting authority shall set up a working group to develop the draft decree or resolution or entrust its departments with its preparation.

      Staff from the legal department of the drafting authority must be involved in the drafting of decrees or resolutions.

      Specialists from various fields of knowledge, scientific institutions and other organisations, academics, representatives of non-profit and other organisations may be involved in the preparation of draft decrees or resolutions.

      9. The quality of drafting of by-laws, compliance with the norms of literary language, legal terminology and legal technique, and the authenticity of texts in Kazakh and Russian shall be ensured by the public drafting authorities.

      10. Developed draft decrees or resolutions in Kazakh and Russian, accompanied by explanatory notes and comparative tables thereto (in cases of amendments and (or) additions to an existing resolution) shall be posted for public discussion on the Internet portal of open normative legal acts, as well as on the Internet resource of the public darfring authority prior to the submission to the interested public authorities for approval.

      11. Draft decrees or resolutions relating to trade in goods, services or intellectual property rights shall be posted on the internet resources of competent public authorities at least thirty calendar days prior to their adoption for public discussion, unless otherwise stipulated by laws and/or international treaties ratified by the Republic of Kazakhstan.

      12. For draft decrees or resolutions of social importance, a press release shall be additionally posted on the website in Kazakh and Russian and, if necessary, in other languages.

      A draft decree or resolution of social importance shall be understood to mean a draft decree or resolution directly or indirectly affecting human rights and interests and those of society as a whole.

      13. Draft decrees or resolutions concerning citizens' rights, freedoms and obligations must be recommended by public councils under Article 20 of the Law “On Legal Acts”.

      14. For draft decrees or resolutions affecting the interests of business entities, an expert opinion must be obtained from the National Chamber of Entrepreneurs of the Republic of Kazakhstan and the Expert Councils on Private Enterprise (hereinafter the Expert Council), as required by Article 19 of the Law on Legal Acts.

      The public authority that develops the draft decree or resolution shall, if it agrees with the expert opinion, make appropriate amendments and/or additions to the draft decree or resolution.

      In the event of disagreement with the expert opinion, the public drafting authority shall, within ten working days from the date of receipt of the expert opinion, send a response to the member of the expert council who gave the opinion and to the National Chamber of Entrepreneurs of the Republic of Kazakhstan with a justification for the disagreement. Such response shall be a compulsory annex to the draft decree or resolution prior to its adoption.

      15. Regulatory impact analysis shall be undertaken for draft decrees or resolutions affecting private businesses under Articles 82 and 83 of the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter, the Code).

      The findings of the regulatory impact analysis shall be made available on publicly accessible internet resources.

      16. Draft decrees or resolutions where the implementation may lead to negative effects on the environment shall be subject to a mandatory state environmental impact assessment.

      17. Academic anti-corruption expertise shall be performed on draft decrees or resolutions as per the Rules for Academic Anti-Corruption Expertise of Draft By-Laws approved by Decree No. 451 of the Government of the Republic of Kazakhstan dated July 16, 2020.

Chapter 3: Approval of draft decrees and resolutions

      18. Draft decrees or resolutions shall be agreed upon with the public authorities concerned by virtue of their statutory competence in the form of electronic documents on the Internet portal of public authorities (hereinafter referred to as the IP PA), whereby such interest in the agreement of the draft decree or resolution shall be established based on the subject matter of the issues addressed in the draft resolution and if the draft resolution contains instructions to the public authorities or their heads.

      19. The public authority developing the draft decree or resolution shall place the draft decree or resolution, the explanatory note thereto and other necessary documents certified with the electronic digital signature of the certification centre of public authorities (hereinafter EDS) by the head of the legal service (or person acting as such) and the head or deputy head of the administration of the public authority on the IP PA in electronic form and submit them for approval to the relevant authorities.

      The public drafting authority shall notify the National Chamber of Entrepreneurs of the Republic of Kazakhstan, expert councils and public councils of the posting of the relevant draft decree or resolution affecting the interests of business entities or concerning the rights, freedoms and obligations of citizens on the Internet portal of open regulatory legal acts for expert opinions and recommendations, including at each subsequent approval of the draft by the public authorities concerned.

      If it is not possible to receive a draft decree or resolution electronically, a hard copy of the electronic document, certified as per the procedure established by the Rules for Documentation, Document Management and Use of Electronic Document Management Systems in State and Non-State Organisations, approved by Decree No. 703 of October 31, 2018 of the Government of Kazakhstan, may be sent to certain actors in the standard-setting process for approval.

      20. Draft decrees or resolutions shall be subject to mandatory approval by the Ministry of Justice of the Republic of Kazakhstan, responsible for legal review for compliance with the Constitution, legislative acts, acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan, as well as the Ministry of Finance of the Republic of Kazakhstan.

      Draft decrees or resolutions relating to public administration and planning, socio-economic and regional policy shall be subject to mandatory approval by the Ministry of National Economy of the Republic of Kazakhstan.

      21. If the text of a draft decree or resolution is amended, resulting in a reduction of income or an increase in expenditure from the national budget, the draft decree or resolution shall require re-consideration by the Ministry of Finance of the Republic of Kazakhstan and a positive protocol decision by the National Budget Commission.

      22. Draft decrees or resolutions submitted to public authorities for approval, prepared in the Kazakh and Russian languages, must contain:

      1) draft government decree;

      2) an explanatory note not exceeding three (3) pages, and for complex issues - five (5) pages, addressed to the Prime Minister and signed by the first head of the public authority (person acting in his/her capacity) or the head of the region, national cities and the capital (person acting in his/her capacity), which details the subject matter, socioeconomic and, if necessary, political, legal, environmental, demographic and other justifications, forecast of the expected consequences of the project.

      In addition, the explanatory note shall provide the following basic information:

      the name of the public drafting authority;

      the grounds for the adoption of the project with reference to the relevant normative legal acts, international treaties ratified by the Republic of Kazakhstan, decisions of international organisations to which the Republic of Kazakhstan is a party, protocol and other instructions of the Government and Chancellery and/or other justifications of the need to adopt it (decisions of international organisations to which the Republic of Kazakhstan is a party, protocol and other instructions of the Government and Chancellery are attached to the explanation);

      the need for the project and its financial resources, including the source of funding and, where appropriate, the decision of the Republic Budget Commission (relevant calculations, reference to the source of funding, a copy of the decision of the Republic Budget Commission must be attached to the explanatory note);

      the anticipated consequences if the project is adopted;

      precise objectives and timelines for the expected results;

      information on the acts of the President and/or the Government previously adopted on the issues dealt with in the project, and the results of their implementation;

      the need to bring legislation into conformity with the draft, if adopted (indicate whether other regulations or amendments and/or additions to existing regulations are required), or the lack of such a need;

      information on the need for subsequent ratification of the draft international treaty submitted;

      the possibility of transmission of projects and materials thereto to mobile devices of the Government members via the information system “Mobile Office of the Government of the Republic of Kazakhstan”, except for the projects containing state secrets and (or) official information as per the list of official information permitted for transmission via information system “Mobile Office of the Government of the Republic of Kazakhstan” approved by joint order No 25-1-32 dsp/22P-dsp of the Head of Executive Office and the Ministry of Communications and Information of May 20, 2011;

      information on the publication of the draft decree or resolution on the website of the public authority and on the Internet portal of publicly available legal acts (date, number of bytes);

      information on the placement of a draft decree or resolution relating to trade in goods, services or intellectual property rights on the internet resources of the competent public authorities, as well as a press release on a draft decree of social importance;

      compliance of the draft decree or resolution with international treaties ratified by the Republic of Kazakhstan and decisions of international organisations to which the Republic of Kazakhstan is a party.

      An explanatory note to the draft decree or resolution affecting the interests of private business entities must obligatorily provide the findings of calculations confirming the reduction and/or increase in costs of private business entities in connection with the implementation of the government act.

      В in case of disagreement with the expert opinion of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and the expert councils, the drafter shall provide in the explanatory note to the project a reasoned justification for disagreement with the expert opinion.

      If the comments indicated in the expert opinions have been remedied, the drafter shall specify in the explanatory note to the draft decree or resolution that these comments have been remedied;

      3) a comparative table of the previous and new versions of the decree or resolution (decrees or resolutions) with a corresponding substantiation of the amendments and additions to be introduced, in the form shown in Annex 7 to the Regulation of the Government of the Republic of Kazakhstan, approved by Decree of the Government of the Republic of Kazakhstan No. 1300 of December 10, 2002 (hereinafter referred to as the Regulation), on the draft decree or resolution which provides for amendments and/or additions to the current acts of the Government;

      each paragraph of the draft shall be justified, including, where there is a statutory instrument, by mandatory reference to and citation of the provision of the relevant legislative instrument or by-law;

      when introducing a new version of derived normative legal acts approved by Government decrees, a comparative table of the previous and new versions of the derived normative legal acts must also be appended, with appropriate justification (including, where a normative legal act exists, mandatory reference to the norm of the respective legislative instrument or by-law as well as its citation) of each paragraph of the new version of the decree or resolution, signed by the supervising deputy head of the public drafting authority;

      4) a statement explaining why the project should be adopted, if the project involves the loss of a decree or resolution;

      5) expert opinions from the National Chamber of Entrepreneurs of the Republic of Kazakhstan and expert councils if the draft decree or resolution affects the interests of private business entities.

      In the event of disagreement with the expert opinion, the public authority developing the draft decree or resolution must give a reasoned justification for disagreement with the expert opinion. Opinions of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and expert councils shall not be enclosed in case of failure to submit them in due time;

      6) the recommendations of the public council if the draft decree or resolution affects the citizens' rights, freedoms and obligations, excluding cases where the establishment of a public council in a public authority is not stipulated by the Law “On Public Councils”, when submitted to the public drafting authority.

      In the event of disagreement with the recommendations, the public drafting authority must present a reasoned justification for the disagreement. The recommendations of the public council shall not be enclosed if they are not submitted within the prescribed deadline;

      7) an expert opinion on the findings of scientific expertise on the draft international treaty or international treaty to which the Republic of Kazakhstan intends to become a party, in cases where, under the legislation of the Republic of Kazakhstan, scientific expertise is mandatory;

      8) if the draft decree is submitted to the Ministry of Justice, the opinion of the scientific anti-corruption assessment of the draft decree or resolution, except for draft decrees or resolutions that are not subject to the requirement for a scientific anti-corruption assessment under the Law of the Republic of Kazakhstan “On Legal Acts”.

      Along with the conclusion of the scientific anti-corruption assessment, the developer shall provide a copy of his/her response to the person or organisation that undertook the scientific anti-corruption assessment of the draft decree or resolution with justification for not accepting the recommendations;

      9) conclusions of other public authorities (minutes of disagreement as well as minutes of the meeting held to find a mutually acceptable solution to the comments of the approving public authority) as per section 4.2. of the Regulation;

      10) copies of the instructions (minutes, etc.) for the execution of which the draft decree or resolution was drawn up;

      11) approval sheet (in pdf format), as well as on the electronic approval sheet in cases when draft decrees or resolutions are submitted to Majilis of the Parliament and the President for consideration of draft laws. In this case the approval sheet for the draft law on paper and the electronic approval sheet shall be signed by the first heads of public authorities or akims of oblasts, cities of republican significance and the capital city.

      12) a protocol decision of the Interdepartmental Commission on Business Regulation under the Government of the Republic of Kazakhstan (hereinafter referred to as the Commission) and the conclusion of the competent authority for entrepreneurship on compliance by the regulatory authorities with the established procedures, as well as the results of the regulatory impact analysis, in case a regulatory impact analysis has been conducted on the draft regulation under the Code.

      A draft decree or resolution and its annexes containing draft laws, acts of the President of the Republic of Kazakhstan, marked “For Official Use”, shall be initialed polyphonously by the first head of the public drafting authority or the akim of the oblast, cities of republican significance and the capital.

      23. When receiving a draft decree or resolution for approval, public authorities shall not require prior approval by other public authorities and shall not refuse approval of the draft for formal or other unjustified reasons.

      24. Review and approval of draft decrees or resolutions by public authorities shall not exceed the following time limits from the date of receipt:

      1) draft decrees or resolutions - 10 (ten) working days, excluding cases stipulated in the Regulation;

      2) draft decrees or resolutions on issues related to temporary restrictive measures due to a dysfunctional epidemiological situation, including quarantine - 1 (one) working day;

      3) draft decrees or resolutions on the liquidation of natural and man-made emergencies, humanitarian aid, as well as those adopted in implementation of protocol decisions of the State Commission for Ensuring the State of Emergency Regime under the President of the Republic of Kazakhstan - 1 (one) working day.

      The time limit for re-consideration (in case of amendments to the text of the draft in the part outside the competence of the public authority) of draft decrees or resolutions in the public authorities previously agreed upon by them shall not exceed 3 (three) working days, and for the drafts referred to in sub-paragraph 3) of paragraph 45 of this Regulation - not more than 1 working day.

      25. Following the review of the draft, the approving public authority must submit to the drafter in the form of an electronic document or a note to the IP PA using the EDS of the first head of the public authority or his/her deputy, or head of staff, Akim of the oblast, Nur-Sultan, Almaty, Shymkent (persons acting in their capacity) one of the following response options:

      1) agreed without comments;

      2) sent back for revision to eliminate the existing comments. In doing so, the public conciliation authority will post the comments, providing, without fail, suggestions for rectification.

      In this case, if the drafter agrees with the comments, the drafts shall be finalised in the IP PA, after which the drafter shall post the finalised (next) version of the draft and resubmit it to the public authorities for approval;

      3) approval is refused. In this case, the approving authority shall make a note of the refusal of approval with the reasons for the refusal of approval.

      Public conciliation authorities shall be prohibited from approving projects “with remarks”.

      26. If there is a disagreement, the public authority shall secure a discussion with the conciliating authorities to find a mutually acceptable solution. If a mutually acceptable solution is not reached, the public drafting authority jointly with the conciliating authorities, shall draw up a protocol of disagreement, which shall be posted in the IP PA to the project. The protocol of disagreement in the form of an electronic document shall be certified in the IP PA by EDS of the heads of public authorities.

      27. After the approval, the public authority developing the draft through the IP PA shall ensure that the draft is sent for final approval for EDS endorsement by the first heads of the conciliating public authorities (or persons performing their duties) and shall submit the draft to the Office accompanied by the opinions of the conciliating public authorities (protocols of disagreement) and the relevant annexes in the form of an electronic document through the IP PA. Thus, the term of final approval of a project shall not exceed three working days. Drafts containing draft laws, acts of the President of the Republic of Kazakhstan shall be submitted in paper and electronic formats (forms) through the Unified Electronic Document Management System of public authorities.