Some issues of organizing and conducting scientific expertise

Resolution of the Government of the Republic of Kazakhstan dated June 8, 2021 No. 386.

      Unofficial translation

      In accordance with paragraph 4 of Article 30, paragraph 2 of Article 33, paragraph 3 of Article 33-2 of the Law of the Republic of Kazakhstan dated April 6, 2016 "On Legal Acts", paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan" The Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the Rules for the organization and conduct of scientific expertise, as well as the selection of scientific legal experts in accordance with Annex 1 to this Resolution.

      2. In the Resolution of the Government of the Republic of Kazakhstan dated December 10, 2002 No. 1300 "On the Regulations of the Government of the Republic of Kazakhstan":

      in the Regulations of the Government of the Republic of Kazakhstan, approved by the specified resolution:

      part three of paragraph 89 shall be stated as follows:

      "Draft laws on the ratification of international treaties submitted by the Government for consideration by the Parliament shall be accompanied by an expert opinion based on the results of scientific examination of international treaties conducted in accordance with the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan.".

      3. To recognize as invalidated some decisions of the Government of the Republic of Kazakhstan in accordance with Annex 2 to this Resolution.

      4. This Resolution shall come into effect upon the expiration of ten calendar days from the date of its first official publication.

      Prime Minister
of the Republic of Kazakhstan
A. Mamin

  Annex 1
to Resolution of the Government
of the Republic of Kazakhstan
dated June 8, 2021 No. 386
  Approved
by Resolution of the Government
of the Republic of Kazakhstan
dated June 8, 2021 No. 386

Rules for the organization and conduct of scientific expertise, as well as the selection of scientific legal experts

1. General Provisions

      1. These Rules for organization and conduct of scientific expertise, as well as the selection of scientific legal experts (hereinafter referred to as the Rules) have been developed in accordance with paragraph 4 of Article 30, paragraph 2 of Article 33, paragraph 3 of Article 33-2 of the Law of the Republic of Kazakhstan "On Legal Acts" (hereinafter referred to as the Law "On Legal Acts"), with Article 4 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan" (hereinafter referred to as the Law "On International Treaties of the Republic of Kazakhstan") and shall determine the procedure for organizing and conducting scientific examination of draft regulatory legal acts, international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties subject to ratification (hereinafter referred to as the International treaty or Draft international treaty), and the selection of scientific legal experts, with the exception of scientific anti-corruption expertise.

      2. The following concepts shall be used in these Rules:

      1) conclusion of scientific expertise - a document drawn up in accordance with the requirements of the legislation and these Rules, reflecting the results of the scientific expertise;

      2) expert commission - a group of at least two experts, created to conduct scientific expertise.

      3. Scientific expertise of draft normative legal acts shall be carried out for the purposes specified in paragraph 2 of Article 30, paragraph 1 of Article 33 of the Law "On Legal Acts".

      Scientific examination of an international treaty or a draft international treaty shall be carried out for the purposes specified in paragraph 3 of Article 4 of the Law "On International Treaties of the Republic of Kazakhstan".

      4. Scientific legal, scientific linguistic, scientific economic and other examinations shall be carried out on draft normative legal acts developed as a legislative initiative of the Government of the Republic of Kazakhstan (hereinafter referred to as the Government) and submitted for consideration by the Mazhilis of the Parliament of the Republic of Kazakhstan (hereinafter referred to as the Mazhilis of the Parliament).

      For draft regulatory legal acts submitted for consideration by the Parliament of the Republic of Kazakhstan (hereinafter referred to as the Parliament), scientific expertise shall be mandatory, depending on the social relations regulated by them, except for cases when draft legislative acts are submitted in the manner of a legislative initiative of the President of the Republic of Kazakhstan (hereinafter referred to as the President), when scientific expertise may not be carried out.

      According to an international treaty or a draft international treaty, scientific expertise (legal, linguistic and other) shall be carried out, depending on the legal relationship.

      5. The organization of scientific expertise shall be assigned to:

      Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Justice) - on scientific legal and scientific linguistic expertise of draft laws, international treaties or draft international treaties;

      The Ministry of National Economy of the Republic of Kazakhstan (hereinafter referred to as the Ministry of National Economy) - on scientific economic expertise of draft laws.

      6. Scientific expertise of draft normative legal acts shall be carried out by scientific institutions, an authorized organization, and experts involved from among scientists and specialists, depending on the content of the project under consideration. The examination may be entrusted to one or several experts (expert committee).

      Specialists from other states and international organizations may be involved as scientific organizations and experts. A draft normative legal act may be sent for scientific expertise to foreign and international organizations.

      7. The authorized organization ensures the conduct of scientific legal expertise based on Article 33-2 of the Law "On Legal Acts", paragraph 2-2 of Article 4 of the Law "On International Treaties of the Republic of Kazakhstan" through activities to coordinate and create conditions for the implementation of scientific legal expertise by experts.

      8. The conditions for conducting scientific legal expertise shall be determined by the current legislation, these Rules, regulatory legal orders of the Minister of Justice of the Republic of Kazakhstan, as well as an agreement on conducting scientific legal expertise.

      9. Scientific organization, authorized organization, an expert in accordance with the legislation of the Republic of Kazakhstan on public procurement:

      1) receive all the necessary information, and materials for conducting scientific expertise, including on issues arising in the course of conducting scientific expert work;

      2) in agreement with the authorized body, give opinions not only on the issues put before them, but also on other issues arising from draft regulatory legal acts, within their competence;

      3) may use the statistical data of developers (developing bodies) (if the statistical data of the authorized state body on statistics and the developer do not match, this should be reflected in the expert opinion);

      4) when carrying out scientific expertise, they may involve third parties in its execution, unless otherwise provided by the contract;

      5) give a motivated, scientifically substantiated, objective and complete opinion on issues arising from draft regulatory legal acts, as well as put before them by the authorized body;

      6) on their own, at their own expense and within the time limits established by the authorized body, eliminate the deficiencies made through their fault in the course of scientific expertise;

      7) ensure the confidentiality of information relating to the subject of scientific expertise, the progress of its implementation and scientific results;

      8) receive remuneration for the work performed;

      9) perform other duties established by the agreement.

      10. Independent, commission, complex scientific expertise, and, if necessary, repeated scientific expertise, may be carried out on draft regulatory legal acts, international treaties or draft international treaties.

      Herewith, a repeated scientific linguistic examination of draft laws shall be carried out in accordance with paragraph 75 of these Rules.

      11. Independent scientific expertise of various types shall be carried out in cases where it is necessary to investigate a draft normative legal act, an international treaty or a draft international treaty based on one branch of knowledge.

      12. Commission scientific expertise shall be carried out by an expert commission of one speciality.

      13. Comprehensive scientific expertise shall be carried out in cases where it is necessary to study a draft normative legal act, an international treaty or a draft international treaty based on various branches of knowledge.

      14. A repeated scientific examination shall be carried out in cases where the conclusion of a scientific examination based on the results of the initial scientific examination is unreasonable.

      15. The decision to conduct a scientific examination of a draft law may be taken by:

      1) the President or, on his instructions, by the Head of the Administration of the President of the Republic of Kazakhstan (hereinafter referred to as the Presidential Administration), deputies of Parliament and the Government, submitting a draft to the Majilis of Parliament in the manner of a legislative initiative;

      2) an authorized body;

      3) the developer, if such a right is granted to these persons and structural subdivisions by the regulations of this body or other regulatory legal acts.

      The decision to conduct scientific expertise under an international treaty or a draft international treaty may be taken:

      1) based on the instructions of the President, the Head of the Presidential Administration, the Prime Minister of the Republic of Kazakhstan (hereinafter referred to as the Prime Minister), the Head of the Office of the Prime Minister of the Republic of Kazakhstan;

      2) on the initiative of the deputies of the Parliament;

      3) on the initiative of the central state body submitting a proposal to conclude an international treaty, as well as on the proposals of other central state bodies carrying out the coordination of an international treaty or a draft international treaty.

      16. The direction of draft laws for scientific expertise shall be carried out by its developer (developing body).

      Herewith, draft laws developed as a legislative initiative of the deputies of the Parliament shall be sent, upon their decision, for scientific expertise.

      The direction for conducting a scientific examination of an international treaty or a draft international treaty shall be assigned to the developing body.

      17. Compliance with the text of a draft regulatory legal act, an international treaty or a draft international treaty submitted for scientific expertise at each stage of its development and approval shall be ensured by the developer (developing body).

      18. The conclusion of scientific expertise must contain scientifically substantiated, complete, objective and motivated conclusions on the subject of scientific expertise.

      19. If the developer (developing body) or the persons who initiated the scientific examination have questions regarding the conclusions of the scientific examination report, they may apply to the expert, scientific organization, or authorized organization for appropriate explanations.

      20. In the case of submission for scientific examination of several draft laws, international treaties or draft international treaties, the authorized organization, scientific organization or expert shall conduct scientific examination and draw up a conclusion on each draft law, international treaty or draft international treaty.

      21. The conclusion of the scientific examination shall be prepared on the official letterhead of the organization that conducted the scientific examination, indicating the last name, first name, patronymic (if any) of the expert and his/her qualifications.

      22. The conclusion of the scientific expertise shall be signed by the first head of the scientific organization or agent in charge, and the experts who conducted the scientific expertise, and for the scientific linguistic expertise - by the head of the authorized organization or the agent in charge, and the experts.

      23. The conclusion of scientific expertise shall be recommendatory in nature.

      24. If there are comments and/or proposals to the draft law in the opinion of the scientific expertise, the developer (developing body) shall decide to finalize the draft law in case of agreement with the comments and/or proposals of the opinion of the scientific expertise.

      When submitting a draft law and the conclusion of scientific expertise on it for consideration by the Government, the developer shall, within 15 (fifteen) working days after receiving the conclusion of scientific expertise, substantiate the reasons for not accepting the recommendations. The developer shall simultaneously submit a copy of the relevant justifications to the scientific organization or an expert or an authorized organization.

      If the conclusion of scientific expertise contains comments and/or proposals that are not within the competence of the developer (developing body), then the developer (developing body) shall send them simultaneously with the draft law, international treaty or draft international treaty to state bodies within the competence which includes the consideration of issues raised in the conclusion of scientific expertise, for the development and formation of an appropriate position.

      When submitting a legal act on the ratification/signing of an international treaty or a draft international treaty and concluding scientific expertise on it for consideration by the Government or the Ministry of Justice, the developing body must provide a reasoned justification for the reasons for not accepting the recommendations contained in the conclusion of the scientific expertise on an international treaty or a draft international treaty. A copy of the relevant justifications is simultaneously provided by the developing body to the authorized organization.

      25. Organization and conduct of scientific expertise of a draft law, an international treaty or a draft international treaty shall be carried out within a period not exceeding 15 (fifteen) working days from the date of submission to scientific organization or expert, and for scientific linguistic expertise - to an authorized organization. Scientific economic expertise shall be carried out within 25 (twenty-five) calendar days from the date of submission of a draft law to the scientific organization or an expert.

      The organization and conduct of scientific legal expertise of an international agreement or a draft international agreement on loans shall be carried out within a period not exceeding 10 (ten) calendar days.

      At the end of the term for the scientific examination, the developer (developing body) shall be sent the conclusion of the scientific examination, prepared in accordance with these Rules.

      26. If necessary, the term for scientific expertise may be extended with the consent of the developer (developer), the Ministry of Justice, the Ministry of National Economy, and for scientific legal expertise - in the manner determined by paragraphs 44, 65 of these Rules, except for cases where there is instructions of the President, the leadership of the Presidential Administration, the Government on the need for its implementation.

      27. The procedure for conducting other types of scientific expertise of international treaties or draft international treaties (except for scientific legal and scientific linguistic expertise) shall be determined in accordance with the legislation of the Republic of Kazakhstan.

2. The procedure for conducting scientific legal expertise of draft laws, as well as the selection of scientific legal experts

      28. Draft laws shall be developed by deputies of Parliament, the Presidential Administration, the Government, other state bodies, organizations and citizens in agreement with them in accordance with the requirements of Article 17 of the Law "On Legal Acts".

      29. Experts who carry out scientific legal expertise on draft laws shall be divided into two groups.

      The requirements for the expert of the first group shall be:

      1) higher legal education, academic degree or degree of Doctor of Philosophy (PhD), a doctor in profile in the group of "Law" specialities;

      2) a total work experience in the legal speciality of at least five years.

      The requirements for the expert of the second group:

      1) higher legal education/academic degree in the group of "Law" specialities;

      2) a total work experience in the legal speciality of at least ten years.

      Experts of the first and second groups shall have rights and obligations in accordance with the law and shall be involved in scientific legal expertise on an equal basis.

      30. Scientific legal expertise of draft laws shall be carried out by an expert included in the register of scientific legal experts (hereinafter referred to as the Register of experts), or by an expert commission.

      31. Information on the requirements for an expert and the procedure for inclusion in the register of experts shall be published on the official Internet resource of the authorized organization.

      32. The decision to include/refuse to include/exclude a candidate for expert (hereinafter referred to as the Candidate)/expert shall be taken by an authorized organization based on the conclusion of the commission.

      The composition of the commission shall be approved by the order of the authorized organization. The activities of the commission shall be determined by the regulation on the commission, approved by the order of the Minister of Justice of the Republic of Kazakhstan.

      The commission shall examine the documents of candidates for compliance/non-compliance of the candidate with the requirements for an expert, and the presence/absence of grounds for terminating the contract.

      The decision to suspend the activities of an expert shall be made by an authorized organization.

      Based on the conclusion of the commission, an agreement shall be concluded/terminated with an expert for conducting scientific legal expertise.

      33. For inclusion in the register of experts, the candidate shall submit documents in accordance with the list determined by the order of the Minister of Justice of the Republic of Kazakhstan.

      34. The reason for refusal to include a candidate in the register of experts shall be the failure to submit a complete list of documents confirming compliance with the requirements for an expert in paragraphs 29, and 56 of these Rules.

      35. The procedure for maintaining and using the register of experts shall be determined by the order of the Minister of Justice of the Republic of Kazakhstan.

      36. Scientific legal expertise of draft laws shall be carried out at the following stages of development of a draft law:

      1) while simultaneously sending to public councils, expert councils, and the National Chamber of Entrepreneurs of the Republic of Kazakhstan to obtain expert opinions before submitting the draft law to the Office of the Prime Minister in accordance with the Regulations of the Government of the Republic of Kazakhstan, approved by the Resolution of the Government of the Republic of Kazakhstan dated December 10, 2002 No. 1300;

      2) in case of making conceptual changes to the draft law, as a result of its revision on the comments of the Presidential Administration or the Office of the Prime Minister of the Republic of Kazakhstan (hereinafter referred to as the Office of the Prime Minister).

      These requirements shall not apply to draft laws initiated by the deputies of the Parliament.

      37. For scientific legal expertise on draft laws, the developer shall submit a draft law in the Kazakh and Russian languages and the materials attached to it (on paper and electronic media):

      1) a cover letter on the official letterhead of the developer, signed by the deputy chief executive or agent in charge (in the Kazakh language);

      2) an explanatory note to the draft law (in Kazakh and Russian);

      3) a comparative table to the draft law when making changes and additions to the current legislative acts with the appropriate justification for the changes and additions made (in Kazakh and Russian);

      4) regulatory policy advisory document (in Kazakh and Russian);

      5) the concept of the draft law (in Kazakh and Russian), approved by the Interdepartmental Commission on legislative activities, except for the development of draft laws in the order of the legislative initiative of the President, deputies of the Parliament;

      6) statistical data on the issue under study (if any);

      7) draft by-laws (in Kazakh and Russian) adopted for the implementation of the draft law proposed for consideration (if any);

      8) other materials to provide complete and reliable data for scientific legal expertise (if any).

      38. The authorized organization shall check the completeness of the draft law submitted by the developer and the materials attached to it in accordance with paragraph 37 of these Rules.

      39. If the developer submits an incomplete list of materials of scientific legal expertise, provided for in paragraph 37 of these Rules, the authorized organization shall within 2 (two) working days return them without consideration and notify the developer.

      40. The developer, after eliminating the reasons specified in the notification of the authorized organization, shall re-submit the draft law and the materials attached to it for scientific legal expertise.

      41. At the request of the authorized organization, the developer shall, within 2 (two) working days, submit other materials relating to the issues raised in the draft law.

      42. The beginning of scientific legal expertise shall be considered the moment when the expert or the last member of the expert commission notifies the authorized organization about the acceptance of the draft law and the materials attached to it for consideration. If there are circumstances excluding the participation of an expert in conducting a scientific legal examination, within a period not later than 2 (two) working days from the date of sending the materials to the expert for conducting a scientific legal examination, the expert shall notify the authorized organization of the refusal to conduct scientific legal examination and its reasons.

      43. In case of untimely notification/failure to notify the expert about the acceptance/impossibility of accepting the draft law for consideration, about the refusal to conduct scientific legal expertise, the authorized organization shall send the draft law and the materials attached to it to another expert.

      44. If necessary, the period established for conducting scientific legal expertise may be extended up to 5 (five) working days in agreement with the developer with immediate notification of the authorized organization, the Ministry of Justice.

      45. The expert, the expert commission, within 10 (ten) working days, shall give the conclusion of the scientific legal expertise in the Kazakh and Russian languages in accordance with these Rules. The authenticity of the texts of the conclusion of scientific legal expertise in the Kazakh and Russian languages shall be ensured by the expert.

      If one of the experts disagrees with the conclusions set out in the unified opinion, he/she may state a dissenting opinion and attach it to the unified opinion.

      46. Within 5 (five) working days, the authorized organization shall check the conclusion of an expert or an expert commission in accordance with the requirements established by paragraph 49 of these Rules, followed by sending it to the developer.

      47. Repeated scientific legal expertise of the draft law shall be carried out within a period not exceeding 5 (five) working days from the date of the start of the scientific legal expertise of the draft law, determined by paragraph 42 of these Rules.

      48. Within 2 (two) working days after agreeing with the developer of the comments and/or proposals set out in the conclusion of the scientific legal expertise, the authorized organization ырфдд evaluate the conclusion in accordance with the criteria for assessing the cost of scientific legal expertise, approved by the order of the Minister of Justice of the Republic of Kazakhstan.

      49. The conclusion of the scientific legal expertise of the draft law must contain:

      1) general provisions, which include the last name, first name, patronymic (if any), academic degree (if any), academic title (if any) of the expert, members of the expert commission, name of the developer, name of the authorized organization, subject and goals of scientific legal expertise, the name of the draft law, its purpose, the branches of science for which scientific legal expertise has been carried out, and the structure of the draft law, as well as the materials attached to it;

      2) description of the problematic issues that the draft law is aimed at, including an assessment of the scientific validity and timeliness of the adoption of the draft law;

      3) description of all known and effective methods, mechanisms, and approaches to resolving problematic issues, the solution of which is aimed at the adoption of the law, including those used at different historical stages, and foreign practice, as well as a description of related areas of legal relations and the impact on them in the form of consequences from the adoption of the law;

      4) analysis of the methods, mechanisms, approaches to resolving the problematic issues proposed by the draft law, and possible consequences from the adoption of certain methods of resolving problematic situations:

      checking for compliance of the draft law with the Constitution of the Republic of Kazakhstan (hereinafter referred to as the Constitution), normative legal acts of higher levels, and international obligations of the Republic of Kazakhstan;

      assessment of the legal, social, economic and other consequences of the adoption of the draft law, including regard to possible risks;

      determining the existence of causes and conditions conducive to the commission of criminal and administrative offences in connection with the adoption of a draft law, as well as assessing its impact on preventing their commission;

      determining the existence of causes and conditions that contribute to the infringement of the right to gender equality in connection with the adoption of the draft law;

      determining the list of normative legal acts subject to clarification subject to the adoption of the draft law;

      development of evidence-based proposals for improving the legislative framework;

      identification of possible contradictions to the principles of the relevant branch of law;

      identification of explicit or hidden departmental or group interests provided by the draft law;

      obtaining answers to other questions arising from the draft law.

      50. The conclusion of the scientific legal expertise shall be prepared in the form approved by the order of the Minister of Justice of the Republic of Kazakhstan, shall be drawn up on an official form and signed by the head of the authorized organization or agent in charge. The signature of the head of the authorized organization or agent in charge, the outgoing number and the date shall confirm the sending of the conclusion by the authorized organization.

      51. The conclusion of the scientific legal expertise of the draft law shall be published on the Internet portal of open regulatory legal acts.

      The publication of the conclusion of the scientific legal expertise of the draft law shall be carried out simultaneously with sending it to the developer. Publication of materials marked "For official use", "Without publication in the press", and "Off the record" shall not be made.

      52. Disputes arising from the contract for the conduct of scientific legal expertise, and appeal against the actions and decisions of the authorized organization shall be subject to mandatory pre-trial settlement.

      Under the authorized organization, a Claims Council shall be formed for pre-trial consideration of the applicants' objections.

      In its activities, the Claims Council shall be guided by the Constitution, the laws of the Republic of Kazakhstan, these Rules and the Regulations on the Claims Council, approved by order of the Minister of Justice of the Republic of Kazakhstan.

3. The procedure for conducting scientific legal expertise of international treaties or draft international treaties, as well as the selection of scientific legal experts

      53. Mandatory scientific legal expertise shall be carried out on the following subject to ratification:

      1) international treaties, to which the Republic of Kazakhstan intends to become a party - until a decision is made on their ratification or accession to them by ratification;

      2) draft international treaties - before they are signed.

      54. The developing body of international treaties shall be the central state body that submits proposals for the conclusion of international treaties.

      The developing bodies shall send an international treaty or a draft international treaty for scientific legal expertise.

      55. Scientific legal expertise of international treaties, as well as draft international treaties, shall be carried out after legal expertise by the Ministry of Justice.

      56. Scientific legal expertise of international treaties or draft international treaties shall be carried out by an expert or an expert commission included in the register of experts.

      It shall consist of experts who must meet the following requirements:

      1) higher legal education;

      2) academic degree, Doctor of Philosophy (PhD), a doctor in the "International Law" speciality /in the group of "Law" specialities (the "International Law" speciality shall be a priority);

      3) total experience in the legal speciality of at least three years.

      Scientific legal expertise shall also include an expert with:

      1) higher legal education and an academic Master's degree in the "International Law" speciality /in the group of "Law" specialities (the "International Law" speciality shall be a priority) and at least three years of work experience in the legal speciality; or

      2) higher legal education/academic Bachelor's degree in the "International Law" speciality/in the group of "Law" specialities (the "International Law" speciality shall be a priority) and at least ten years of work experience in the legal speciality.

      57. Information on the requirements for an expert and the procedure for inclusion in the register of experts shall be published on the official Internet resource of the authorized organization.

      58. The procedure for including/refusing to include a candidate in the register of experts or exclusion of an expert from the register of experts shall be regulated by paragraphs 32 - 34 of these Rules.

      59. The authorized organization shall check the completeness of the international treaty or draft international treaty submitted by the developing body and the attached materials in accordance with paragraph 70 of these Rules.

      60. If the developing body submits an incomplete list of materials of scientific legal expertise, the authorized organization shall return them without consideration within 5 (five) working days and notify the developing body.

      The developing body, after eliminating the reasons specified in the notification of the authorized organization, shall have the right to re-submit an international treaty or a draft international treaty and the attached materials for scientific legal expertise.

      61. At the request of the authorized organization, the developing body within 5 (five) working days shall provide other materials relating to issues raised in an international treaty or a draft international treaty.

      62. If an international treaty or a draft international treaty and the attached materials are adopted, the authorized organization shall determine the number of experts required for scientific legal expertise, to whom the international treaty or draft international treaty, as well as the attached materials, shall be sent in electronic form.

      The expert is obliged to study an international treaty or a draft international treaty and the attached materials, and in the absence of circumstances precluding the participation of an expert in the conduct of scientific legal expertise, accept them for consideration.

      63. If there are circumstances excluding the participation of an expert in conducting scientific legal expertise, the expert is obliged to refuse to conduct it by notifying the authorized organization no later than 2 (two) working days, and under international agreements or draft international agreements on loans - no later than 1 (one) calendar day from the moment of sending him/her the materials for scientific legal expertise.

      64. The beginning of the scientific legal expertise shall be considered the moment when the expert or the last member of the expert commission of the authorized organization notifies the acceptance of an international treaty or a draft international treaty and the materials attached to it for consideration. In the presence of circumstances excluding the participation of an expert in the conduct of scientific legal expertise, no later than 2 (two) working days, and for international agreements or draft international loan agreements - no later than 1 (one) calendar day, from the moment the expert is sent materials for conducting scientific legal expertise, the expert is obliged to notify the authorized organization of the reasons for refusing to conduct scientific legal expertise.

      In case of untimely notification/non-notification by an expert of the acceptance/impossibility of accepting an international treaty or a draft international treaty for consideration, refusing to conduct a scientific legal examination, the authorized organization shall have the right to send an international treaty or a draft international treaty and the attached materials to another expert.

      65. If necessary, the period established for conducting scientific legal expertise may be extended up to 5 (five) working days in agreement with the developer (developing body) with immediate notification of the authorized organization, the Ministry of Justice.

      66. An expert, an expert commission, within 10 (ten) working days, shall give an opinion of scientific legal expertise, and for international agreements or draft international loan agreements - within 6 (six) calendar days in Kazakh and Russian languages and send it to an authorized organization for familiarization and agreement. The authenticity of the texts of the conclusion of scientific legal expertise in the Kazakh and Russian languages shall be ensured by the expert.

      If one of the experts disagrees with the conclusions set out in the unified opinion, he/she may state a dissenting opinion and attach it to the unified opinion.

      67. Within 5 (five) working days, and under international agreements or draft international agreements on loans within 4 (four) calendar days, the authorized organization shall check the conclusion of the expert commission in accordance with the requirements established by paragraph 71 of these Rules, followed by sending its developing body.

      68. Repeated scientific legal expertise should be carried out within a period not exceeding 5 (five) working days from the date of submission to the expert of an international treaty or a draft international treaty and materials to it.

      69. Within 2 (two) working days after sending the conclusion of scientific legal expertise to the developer (developing body), the authorized organization shall evaluate the conclusion in accordance with the criteria for assessing the cost of scientific legal expertise, approved by order of the Minister of Justice of the Republic of Kazakhstan.

      70. To conduct scientific legal expertise under an international treaty or a draft international treaty, the developing body shall submit to the authorized organization the following materials (on paper and electronic media):

      1) a cover letter on the official letterhead of the developing body, signed by the deputy first head or agent in charge (in the Kazakh language);

      2) an international treaty, to which the Republic of Kazakhstan intends to become a party, as well as a draft international treaty subject to ratification, in the Kazakh and Russian languages, initialled by the deputy first head or by the agent in charge, of the developing body, or certified by the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as Ministry of Foreign Affairs) the text of the international agreement in the languages of signing with the translation into Kazakh and Russian, certified by an official of the state body-developer;

      3) a copy of the conclusion of the legal expertise of the Ministry of Justice, except for international agreements or draft international agreements on loans. Sending the expert a copy of the opinion of the legal expertise of the Ministry of Justice shall be prohibited.

      71. The conclusion of the scientific legal expertise of an international treaty or a draft international treaty must contain:

      1) last name, first name, patronymic (if any), academic/advanced degrees (if any) and academic title (if any) of the experts who conducted the scientific legal expertise;

      2) branches of science for which scientific legal expertise has been carried out;

      3) the name of the authorized organization;

      4) the name of the international treaty or draft international treaty;

      5) international treaties and documents used in the course of scientific legal expertise;

      6) the subject and goals of scientific legal expertise;

      7) reasonable recommendations and proposals;

      8) answers to questions posed by the developer (developing body);

      9) other issues related to the scientific legal expertise of an international treaty or a draft international treaty.

      72. The conclusion of the scientific legal expertise shall be prepared in the form approved by the order of the Minister of Justice of the Republic of Kazakhstan, drawn up on an official form and signed by the head of the authorized organization or agent in charge. The signature of the head of the authorized organization or agent in charge shall confirm the direction of the conclusion by the authorized organization.

      73. Disputes arising out of an agreement to conduct scientific legal expertise of an international treaty or a draft international treaty, as well as appealing against a refusal to be included in the register of experts, are subject to mandatory pre-trial settlement in the manner determined by paragraph 52 of these Rules.

4. The procedure for conducting scientific linguistic expertise

      74. Mandatory scientific linguistic expertise shall be carried out:

      1) on draft laws developed as a legislative initiative of the Government, deputies of the Parliament, submitted for consideration by the Parliament;

      2) under international treaties to which the Republic of Kazakhstan intends to become a party, as well as under draft international treaties subject to ratification.

      According to draft laws developed as a legislative initiative of the President, scientific linguistic expertise may not be carried out.

      Scientific linguistic expertise shall be carried out at the following stages:

      1) on draft laws before their submission to the Government after agreement with the ministries of finance, national economy and justice and carrying out all types of scientific expertise;

      2) before the submission of draft laws by the Government for consideration by the Parliament after the comments of the Presidential Administration and/or the Office of the Prime Minister have been eliminated;

      3) under international treaties - before their ratification or accession to them by ratification, and under draft international treaties - before they are signed.

      75. Draft laws, international treaties or draft international treaties may be subject to repeated scientific linguistic expertise.

      A repeated scientific linguistic examination shall be carried out in case of amendments and additions to the draft law, and the draft international treaty, according to the comments of the Office of the Prime Minister and the Presidential Administration.

      76. Draft laws, international treaties or draft international treaties, as well as materials to them, shall be sent for scientific linguistic expertise by the developer (developing body) to the authorized organization through electronic document management and on paper. Herewith, electronic versions must be identical to paper media and made on the same day.

      77. The initial scientific linguistic examination of the draft law shall be carried out after all types of scientific examinations are carried out before being submitted to the Office of the Prime Minister. For its implementation, the body-developer submits to the authorized organization:

      1) a cover letter on the official letterhead of the developing body;

      2) draft law in Kazakh and Russian;

      3) a copy of the approval sheet.

      78. To conduct an initial scientific linguistic examination of an international treaty or a draft international treaty, the drafting body shall submit to the authorized organization:

      1) a cover letter on the official letterhead of the developing body;

      2) an international treaty or a draft international treaty in the Kazakh and Russian languages, initialled by the head or agent in charge, of the developing body, or the text of an international treaty or a draft international treaty certified by the Ministry of Foreign Affairs in the languages of signing with the translation into Kazakh and Russian attached, certified by an official of the "developing body";

      3) a copy of the conclusion of the legal expertise of the Ministry of Justice.

      79. To conduct a repeated scientific linguistic examination of a draft law, the developer (developing body) shall submit:

      1) a cover letter on the official letterhead of the developing body indicating the need for a repeated scientific linguistic examination after the draft law has been worked out in the structural divisions of the Office of the Prime Minister and the Presidential Administration;

      2) draft law in Kazakh and Russian;

      3) a copy of the materials on the draft law after its elaboration in the structural subdivisions of the Office of the Prime Minister and the Presidential Administration.

      80. To conduct scientific linguistic expertise of draft laws initiated by deputies of Parliament, the following shall be sent to the Ministry of Justice and/or an authorized organization:

      1) a cover letter on official letterhead (electronic and/or hard copy);

      2) draft law in Kazakh and Russian languages (on electronic and/or paper media).

      81. The Ministry of Justice, after receiving the draft laws initiated by the deputies of the Parliament, shall send them to the authorized organization for scientific linguistic expertise through electronic document management or on paper.

      Herewith, the period for conducting scientific linguistic expertise shall be calculated from the moment the draft law is received by the authorized organization.

      82. To conduct a repeated scientific linguistic examination of an international treaty or a draft international treaty, the drafting body shall submit:

      1) a cover letter on the official letterhead of the developing body indicating the need for a repeated scientific linguistic examination after study in the structural divisions of the Office of the Prime Minister and the Presidential Administration;

      2) an international treaty or a draft international treaty in the Kazakh and Russian languages;

      3) a copy of materials on an international treaty or a draft international treaty after its elaboration in the structural subdivisions of the Office of the Prime Minister and the Presidential Administration.

      83. At the request of the authorized organization, the developing body may provide other materials relating to issues raised in an international treaty or a draft international treaty.

      84. Failure to submit the materials listed in paragraphs 87 - 94 of these Rules shall be the grounds for the refusal of the authorized organization to conduct a scientific linguistic examination.

      85. The conditions for conducting scientific linguistic expertise shall be determined by a civil law contract concluded between the Ministry of Justice and an authorized organization (hereinafter referred to as the Contract).

      86. Scientific linguistic expertise shall include the following steps:

      1) adoption of materials of a draft law, an international treaty or a draft international treaty by an authorized organization (on paper and electronic media);

      2) conducting scientific linguistic expertise on a draft law, an international treaty or a draft international treaty;

      3) preparation of the conclusion of scientific linguistic expertise;

      4) sending the conclusion of scientific linguistic expertise to the developer (developing body).

      87. The developer (developing body) shall be responsible for the compliance of the texts of draft laws, international treaties or draft international treaties in Kazakh and Russian.

      88. The initial scientific linguistic expertise should be carried out within a period not exceeding 15 (fifteen) working days from the date of submission of the draft law, international treaty or draft international treaty and materials to them to the authorized organization.

      Herewith, for draft international loan agreements, the initial scientific linguistic expertise must be carried out within a period not exceeding 10 (ten) calendar days.

      89. The term for conducting a repeated scientific linguistic examination of a draft law, an international treaty or a draft international treaty should not exceed 5 (five) working days from the next working day of their submission by the developer (developing body).

      90. An expert in scientific linguistic expertise must have a higher philological and/or legal education, or work experience in the fields of law and/or international law, and/or philology, and/or translation (lawyer, translator) and (or) an academic degree in fields of philology and/or jurisprudence, and/or international law.

      91. Based on the results of the scientific linguistic expertise of a draft law, an international treaty or a draft international treaty, a conclusion of scientific linguistic expertise is drawn up, which must contain motivated, scientifically substantiated, objective and complete conclusions of an authorized organization on the subject of scientific linguistic expertise.

      If the developer (developing body) of the project has questions regarding the conclusion of the scientific linguistic expertise, they may apply to the authorized organization for appropriate explanations.

      92. In the conclusion of the scientific linguistic expertise of a draft law, an international treaty or a draft international treaty, the following data must be indicated:

      1) the grounds of scientific linguistic expertise;

      2) the purpose of conducting scientific linguistic expertise;

      3) methodological grounds for conducting scientific linguistic expertise;

      4) the results of the scientific linguistic expertise;

      5) output.

      93. The conclusion of the scientific linguistic expertise shall be prepared in Kazakh and Russian on the official letterhead of the authorized organization, signed by its head or agent in charge, and the experts who conducted the scientific linguistic expertise and certified by the seal of the authorized organization.

      94. The conclusion of scientific linguistic expertise shall be advisory in nature.

5. The procedure for conducting scientific economic expertise of draft laws

      95. Scientific economic expertise shall be carried out at the following stages of draft law development:

      1) before its approval by the Ministry of National Economy;

      2) in case of making conceptual changes to the draft law, as a result of its revision on the comments of the Presidential Administration or the Office of the Prime Minister.

      96. To conduct scientific economic expertise, the developer of the draft law shall send materials on the draft law to the Ministry of National Economy on electronic media. The Ministry of National Economy sends materials on the draft law to a scientific organization, an expert involved in conducting scientific economic expertise.

      The expert must have higher education and science degree and possess special knowledge and experience in the field of scientific economic expertise.

      97. The developer, together with a copy of the draft law (in Kazakh and Russian), shall submit for scientific economic expertise copies of the following materials (on electronic media):

      1) an explanatory note to the draft law (in Kazakh and Russian);

      2) a comparative table to the draft law when making changes and additions to the current legislative acts with the appropriate justification for the changes and additions made (in Kazakh and Russian);

      3) the concept of the draft law (in Kazakh and Russian), approved by the Interdepartmental Commission on legislative activities, except for the development of draft laws in the order of the legislative initiative of the President, deputies of the Parliament;

      4) statistical data on the issue under study, if any;

      5) regulatory policy advisory document (in Kazakh and Russian);

      6) draft by-laws adopted for the implementation of the draft law proposed for consideration (if any);

      7) passports for assessing the socio-economic consequences of the action of the adopted draft law (in Kazakh and Russian), sheet-by-sheet initialled and signed by the supervising deputy head of the body that developed the draft law, (hereinafter referred to as the Passport) in the form in accordance with the Annex to these Rules.

      When submitting for scientific economic expertise draft laws developed as a legislative initiative of the deputies of the Parliament, the passport shall be initialled by the sheet and signed by the deputy/deputies of the Parliament who initiated the development of the draft law;

      8) financial calculations for the Republican Budget Commission on draft regulatory legal acts that provide for a reduction in government revenues or an increase in government spending.

      Footnote. Paragraph 97 as amended by Resolution of the Government of the Republic of Kazakhstan dated 14.10.2021 No. 739 (shall come into effect ten calendar days after the day of its first official publication).

      98. Failure to submit the materials provided for in paragraph 97 of these Rules shall be the grounds for refusing to conduct the scientific economic examination.

      99. At the request of an expert or the Ministry of National Economy, the developer, within 2 (two) working days, shall provide other materials related to the issues raised in the draft law.

      100. If the draft law is finalized by the developer on the proposals of a scientific organization or an expert, the deadlines for conducting scientific economic expertise shall be established from the date of submission of the updated draft law.

      101. The conditions for conducting scientific economic expertise shall be determined by a civil law contract concluded by the Ministry of National Economy with the scientific organization or an expert in accordance with the legislation of the Republic of Kazakhstan.

      102. Repeated scientific economic expertise shall be carried out within a period not exceeding 5 (five) working days from the date of submission of the draft law and materials to it to the scientific organization or expert.

      103. In the conclusion of the scientific economic expertise of the draft law, it shall be necessary to indicate:

      1. General Provisions:

      developer

      an organization and/or a person involved by the organization that carried out the scientific expertise;

      general description of the draft law;

      name of the draft law;

      purpose of the draft law;

      the structure of the draft law;

      the novelty of the draft law;

      2) a description of the problematic issues the solution of which is directed by the draft law;

      3) a description of all known and effective methods, mechanisms, and approaches to resolving problematic issues, the solution of which is aimed at the adoption of the draft law, including those used at different historical stages, and international practice;

      4) analysis of the methods, mechanisms, approaches proposed by the draft law for resolving the problematic issues raised, possible consequences from the adoption of certain methods for resolving problematic situations, including an assessment of the impact of the provisions of the draft law on macroeconomic efficiency, social development, entrepreneurship development, the economic security of the industry and/or countries;

      5) general conclusion.

      104. Financing of scientific expertise shall be carried out at the expense of funds provided in the republican budget, in the manner prescribed by the legislation of the Republic of Kazakhstan.

      105. The activities of the authorized organization to create conditions for the implementation of scientific legal expertise by experts after December 15 of the current year shall be provided at the expense of the republican budget allocated in the next year.

  Annex to the Rules
for the organization and conduct of
scientific expertise, as well as the selection
of scientific legal experts

Passport for assessing the socio-economic consequences of the adopted draft laws of the Republic of Kazakhstan for submission to scientific economic expertise

      Footnote. Passport as amended by Resolution of the Government of the Republic of Kazakhstan dated October 14, 2021 No. 739 (shall be enforced ten calendar days after the day of its first official publication).

      *Detailed guidance on filling out sections of the passport shall be provided in the methodological recommendations for assessing the socio-economic consequences of the adopted draft laws

1. General information

State developing body


Name of the draft law


Contact information of the implementer- developer

Surname, first name, patronymic (if any):
Position:
Tel:
E-mail address:

Branch of legislation


The subject of legal regulation


2. Validity and timeliness of the development of the draft law

2.1 The issue to be solved by the draft law (the issue should be defined and formulated as clearly as possible. Overly broad or non-specific formulations should be avoided).
Issue formulation:
Qualitative and quantitative description of the issue:
(qualitatively reveal the essence and scale of the issue: in the territorial and sectoral aspects, as well as provide information on the dynamics of the issue: increase, decrease or invariance of the severity of the issue over time)
Negative effects arising from the presence of an issue:
(describe the negative effects that are a consequence of the existence of the issue, with the presentation of information about the harm, its size in monetary terms; quantitative information about violations of the rights and interests of citizens and organizations; information about the impossibility of performing actions, functions or receiving services due to the lack of regulation (data and estimates of losses, lost profits, etc.), data on appeals, complaints from citizens and organizations, etc.)
Persons affected by the issue:
(describe the target groups affected by the issue: citizens, enterprises, organizations, and state)
Causes, the existence of which leads to the issue:

2.2 Analysis of the current situation and state regulation in the problematic area (key parameters for the development of the regulated industry, sector of the economy, assessment of competitiveness using the analysis of statistical data and international ratings, measures currently being taken to solve the issue within the framework of the current legislation, policy documents, results achieved)

2.3 Purpose and objectives of the draft law
(desired result from the introduction of the draft law)

Target

(establishment of long-term social and (or) economic goals for the achievement of which a draft law is being developed)

Tasks
(should determine the future state of affairs for the verification of the achievement of the goal)

quantitatively measurable indicators of the results of solving issues (indicators characterizing the degree of solving issues; shall not apply to norms containing editorial changes and aimed at eliminating legal gaps and conflicts)

1.

1.

2.

3.

2.

1.

2.

3.

….


 

2.4 Compliance of the goals of the draft law with the strategic goals of the state
(to reflect the consistency of the goal of the proposed regulation with the goals of the annual messages of the President of the Republic of Kazakhstan, the Strategy "Kazakhstan-2050", strategic and program documents, indicating the specific provisions of the documents and their names)

Strategic goals of the state

Description of compliance of the goal of the draft law with the strategic goals of the state

"…."


"..."

 

2.5 International experience in dealing with similar regulatory issues
(description of examples of solving the established issue of regulation in different countries)

2.6 Description of all options for solving the issue considered at the stage of developing the draft law, and justification of the chosen option
(description of the mechanisms, advantages, disadvantages, and risks of implementing various options for solving the issue, as well as the rationale for choosing the proposed method for solving the issue with a description of the reason for excluding other options)

3. Analysis of socio-economic impacts using the method of cost-benefit analysis for target groups
(identify the target groups that may be directly or indirectly affected by the proposed draft law, give them a qualitative and quantitative description, and analyze all the expected consequences for them (positive and negative)

I. Population

Target group description

Target group quantification

Qualitative and quantitative description of benefits

Qualitative and quantitative description of costs













 
II. Business entities

Target group description

Target group quantification

Qualitative and quantitative description of benefits

Qualitative and quantitative description of costs













 
III. State

Target group description

Target Quantification
groups

Qualitative and quantitative description of benefits

Qualitative and quantitative description of costs

















 
*examples of possible calculations for these sections are in section 3 of the guidelines

4. Realization risks
(negative consequences, potential difficulties, circumstances that may hinder the achievement of the goals of the draft law during its implementation)

5. Means to achieve the goal and objectives of the draft law (the means to achieve and the estimated amount within the framework of the approved budget program, additional funding over the approved amounts of funds allocated from other sources are reflected. The sources of funding are indicated: republican, local budgets, the National Fund and other sources, as well as budget losses in cases of cancellation or reduction of tax rates and other obligatory payments to the budget, introduction of tax benefits, deductions, etc.)


Republican budget

Local budget

National foundation

Other sources (source name)

The amount under the planned budget program (name)





The amount of additional allocated funds from the budget





The amount allocated from other sources





Losses of the
budget





 

6. Results of public discussion of the draft law

7. Application
(additional materials to illustrate the results of the analysis)

      Surname, first name, patronymic. ____________________________________________________________

      (signature of the supervising deputy head of the state body

      that developed the draft law/deputy/deputies of the Parliament who initiated

      the development of the draft law)

  Annex 2
to Resolution
of the Government of
the Republic of Kazakhstan
dated June 8, 2021 No. 386

List of some invalidated decisions of the Government of the Republic of Kazakhstan

      1. Resolution of the Government of the Republic of Kazakhstan dated September 14, 2010 No. 938 "On approval of the Rules for conducting scientific expertise under international treaties, to which the Republic of Kazakhstan intends to become a party, as well as under draft international treaties".

      2. Paragraph 5 of the amendments and supplements that have been made to some decisions of the Government of the Republic of Kazakhstan, approved by Resolution of the Government of the Republic of Kazakhstan dated May 27, 2011 No. 590 "On amendments and supplements to some decisions of the Government of the Republic of Kazakhstan".

      3. Subparagraph 2 of paragraph 1 of Resolution of the Government of the Republic of Kazakhstan dated May 21, 2014 No. 513 "On amendments to Resolutions of the Government of the Republic of Kazakhstan dated April 30, 2013 No. 436 "On Establishment of the Interdepartmental Commission on International Treaties of the Republic of Kazakhstan" and dated September 14, 2010 No. 938 "On approval of the Rules for conducting scientific expertise under international treaties, to which the Republic of Kazakhstan intends to become a party, as well as under draft international treaties".

      4. Resolution of the Government of the Republic of Kazakhstan dated August 31, 2016 No. 497 "On approval of the Rules for the scientific examination of draft regulatory legal acts".

      5. Paragraph 2 of the amendments and supplements approved by subparagraph 2) of paragraph 1 of Resolution of the Government of the Republic of Kazakhstan dated July 16, 2020 No. 451 "On Certain Issues of Conducting Scientific Anti-Corruption Expertise".