Scientific%20Expertise%20of%20Draft%20Normative%20Legal%20Acts%20in%20the%20Field%20of%20Finance%20within%20the%20Framework%20of%20Implementation%20of%20the%20Legal%20Policy%20of%20Kazakhstan

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Scientific Expertise of Draft Normative Legal
Acts in the Field of Finance within the Framework
of Implementation of the Legal Policy of
Kazakhstan
Yuliya S. Lokteva Doctor of Law Deputy
Director Institute of State and Law
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- Long-term planning of legislative activities-
Introduction of scientific expertise (legal,
anti-corruption, criminological, etc.) of draft
laws and regulations- Complete financial
support of adopting laws.
Measures on improvement of the rule-making
process in the framework of the legal policy of
the country
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(No Transcript)
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?onducting expertise is one of the stages of the
rule-making process
Law of the Republic of Kazakhstan On Normative
Legal Acts Scientific expertise as well as the
scientific anti-corruption expertise on the draft
normative legal acts under consideration by the
Parliament of the Republic of Kazakhstan are
obligatory excepting the cases of introduction of
legislative acts through legislative initiative
of the President of the Republic of Kazakhstan
when scientific expertise may not be carried out.
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Examination of draft legal normative acts is
conducted for - quality evaluation, relevance,
timeliness, lawfulness of the draft, compliance
of the provisions of a draft normative legal act
to the human and civil rights stipulated by the
Constitution of the Republic of Kazakhstan-
determination of the potential effectiveness of a
normative legal act - identification of
possible negative effects of adoption of the
draft as a normative legal act.
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The main tasks of the scientific anti-corruption
expertise of drafts normative legal acts -
identification of norms and gaps in legal
regulation that contribute to the commission of
corruption offenses - assessment of the
consequences of adoption of the draft normative
legal act in the field of possibility for
corruption offenses - development of
recommendations in the form of norms of draft
normative legal acts that prevent the commission
of corruption offenses.
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Questions that should be put before the
scientific legal examination of draft normative
legal acts checking of a draft normative legal
act for compliance with Rules on
Conducting Scientific Expertise, approved by the
Decree of the Government of the Republic of
Kazakhstan dated May 30, 2002 No 598 "On Measures
for Improvement of the Rule-Making Activity
Constitution of the Republic of Kazakhstan
normative legal acts of higher levels
international obligations of the Republic of
Kazakhstan
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From 2008 to 2012 the experts of the university
made examination of around 400 draft laws and
concepts to them, including about 100 in the
field of financial legislation of the Republic of
Kazakhstan.
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Code of the Republic of Kazakhstan On Taxes and
Other Mandatory Payments to the Budget (Tax
Code), the Law of the Republic of Kazakhstan On
Special Economic Zones in the Republic of
Kazakhstan, the Law of the Republic of
Kazakhstan On State Support of Industrial and
Innovative Activity, the Law of the Republic of
Kazakhstan On Microfinance Organizations, the
Law of the Republic of Kazakhstan On National
Welfare Fund, etc.
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Disadvantages of draft normative legal acts
- internal imperfections of the provisions-
violations of legal technique- contradiction to
the Constitution of the Republic of Kazakhstan,
normative legal acts of higher level,
international treaties- not taking into account
all factors of the existing reality, the level of
development of relationships or including part
of the necessary measures that may negate the
objectives of their adoption.
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THANK YOU FOR YOUR KIND ATTENTION!