SOME ISSUES OF IMPROVING RULEMAKING IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The article addresses issues related to the improvement of legislative drafting activity. The author pays special attention to solving pressing issues, based on the theoretical, academic and practical positions of scholars and the results of the current practice of authorized bodies. The article highlights various methods for drafting bills by the Government and Parliament of the Republic of Kazakhstan. For instance, there are separate Rules for legislative work for bills developed by the Government, which include additional mechanisms that necessitate a more detailed and comprehensive consideration of the draft law being developed. In turn, these requirements and some norms of the Law of the Republic of Kazakhstan "On Legal Acts" do not apply to bills initiated by deputies of the Parliament of the Republic of Kazakhstan. According to the author, this distinction is unjustified and could lead to negative consequences. The article also covers issues discussed in the Regulatory Policy Advisory Document for the draft law of the Republic of Kazakhstan "On introduction of amendments and supplements to certain legislative acts of the Republic of Kazakhstan regarding the improvement of rule-making process" (the draft was developed in December 2023), specifically the introduction of a new evaluation mechanism, namely "Regulatory Policy Assessments". Furthermore, the author examines the process of conducting the current model of organization and coordination of academic legal expertise and provides an assessment of this topic. In conclusion, the author offers specific recommendations for addressing the issues under consideration.