On approval of the Concept of Legal Policy of the Republic of Kazakhstan until 2030
Decree of the President of the Republic of Kazakhstan dated October 15, 2021 No. 674.
In accordance with paragraph 1 of Article 40 of the Constitution of the Republic of Kazakhstan, in order to further define the main directions of the State's legal policy, I HEREBY DECREE:
1. To approve the attached Concept of the Legal Policy of the Republic of Kazakhstan until 2030 (hereinafter referred to as the Concept).
2. To establish that this Concept is the basis for the development of relevant documents of the State Planning System in the field of legal policy of the state, long-term and annual plans of legislative work of the Government of the Republic of Kazakhstan, draft regulatory legal acts of the Republic of Kazakhstan.
3. The State bodies of the Republic of Kazakhstan should be guided by the provisions of the Concept when developing and implementing their State Planning System documents.
4. The Government of the Republic of Kazakhstan should develop and approve an Action Plan for the implementation of the Concept within three months.
5. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
6. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on October 15, 2021 No. 674
The concept of legal policy of the Republic of Kazakhstan until 2030
Content
Section 1.
Analysis of the current situation
Section 2.
Review of international experience in the field of legal policy development
Section 3.
Basic principles of legal policy
Section 4.
The main directions of development of national law
Section 5.
The main directions of development of law enforcement and judicial systems and human rights institutions
Section 6.
Legal support of foreign policy and foreign economic activity
Section 7.
Legal education, legal advocacy
Section 8.
Expected results of the implementation of this Concept
The list of legal acts through which the implementation of this Concept is expected
1. Analysis of the current situation
The Concept of Legal Policy of the Republic of Kazakhstan until 2030 is a document of the State Planning System that defines priority areas for the development of national law, law enforcement and judicial systems, foreign policy and foreign economic activity, as well as legal education and legal advocacy.
As part of the implementation of the Legal Policy Concept for the period from 2010 to 2020, measures were taken to modernize the Kazakh legal system, which made it possible to improve the model of public administration aimed at improving the welfare of the population, increasing economic growth and addressing a number of issues in the field of education, health, social protection and employment.
The goals set out in it and measures for their implementation fully correspond to the Strategy "Kazakhstan – 2050" and the National Plan, which are the main guidelines for further state development.
In 2017, the Constitution of the Republic of Kazakhstan was amended to expand the powers of the Parliament and the Government, as well as additions regarding the requirements for a candidate for president of the Republic.
For the first time, at the level of the Constitutional Law "On the Parliament of the Republic of Kazakhstan and the Status of its Deputies", the foundation for the institution of the parliamentary opposition has been laid and its role in Parliament has been defined.
In order to assist in attracting investments by creating an attractive legal environment for financial services entities, the Constitutional Law "On the Astana International Financial Center" was adopted, which establishes a special legal regime on the territory of this center.
A number of codified acts have been adopted in the new edition: in 2011 – the Code on Marriage (Matrimony) and the Family, in 2014 – the Criminal, Criminal Procedure, Penal Executive Codes and the Code of Administrative Offenses, in 2015 - the Civil Procedure and Labor Codes, in 2017 – the Tax and Customs Codes, In 2020– the Code on the Health of the People and the Healthcare System will be adopted.
At the same time, it was decided to systematize the norms of legislation on subsoil and subsoil use, legislation on administrative procedures and administrative proceedings, as well as in the field of entrepreneurship, which resulted in the development and adoption of the Entrepreneurial Code, the Administrative Procedural Code and the Code on Subsoil and Subsoil Use.
The registration barrier for the creation of political parties has been halved, and a mandatory 30% quota for women and youth on party electoral lists has been introduced.
A new Law of the Republic of Kazakhstan "On the procedure for organizing and holding peaceful Assemblies" has been adopted, which introduces the notification principle in organizing and holding rallies, and defines an exhaustive list of grounds for refusing to hold a peaceful assembly.
Administrative law has undergone significant modernization. The measures taken are aimed at expanding the opportunities of citizens to participate in the decision-making process through the development of self-regulation, the transfer of functions unusual for the state to a competitive environment and self-regulating organizations. There are legal guarantees for citizens when state bodies carry out licensing and notification procedures. The share of government services received in electronic form is growing every year.
In the field of education, licensing of preschool educational organizations has been abolished, unified national testing has been introduced, which has become the state system for assessing the quality of education, and the higher education system has switched to a credit system. To increase the efficiency and transparency of activities in educational organizations, collegial governing bodies have been created, new rules for the appointment of rectors based on the principle of election have been introduced, universities have switched to independence in academic and managerial matters, and the Law of the Republic of Kazakhstan "On the Status of a Teacher" has been adopted.
In the healthcare sector, the transition to compulsory social health insurance has been implemented, the functioning of healthcare organizations has been modernized – elements of corporate governance and a national accreditation system have been introduced. The state regulation of prices for medicines has been fixed at the legislative level, and the transition to reference pricing has been implemented. Medical information systems have been implemented, and the transition to paperless medical records management continues.
Laws have been adopted aimed at improving relations in the field of social security, such as "On Population Migration" (2011), "On Pension provision in the Republic of Kazakhstan" (2013), "On Trade Unions" (2014), "On Minimum Social Standards and their guarantees" (2015), "On Employment of the population" (2016), "On compulsory social insurance" (2019), "On Veterans" (2020), as well as a set of amendments regarding the provision of targeted social assistance.
The judicial system has also undergone modernization, as a result of which measures have been taken to expand access to justice, increase transparency and strengthen the independence of the judicial system.
Other spheres of public life were also affected by regulatory and legal regulation in order to progressively develop state and public institutions for the sustainable socio-economic development of Kazakhstan.
At the same time, modern challenges and ambitious tasks facing Kazakhstan necessitate further improvement of the current legal system, taking into account the continuity of the main directions and key projects of the previous document.
Thus, the review of the rule-making process allows us to note certain problems related to the procedure for developing and reviewing draft normative legal acts.
Today, priority is given to rulemaking as the main means of achieving policy goals in a particular area. Considering that as a result of the preferential resolution of public issues through the adoption of regulatory legal acts, a large number of regulatory measures and an unreasonable regulatory burden are formed, it is important to give a new impetus to a retrospective assessment of legislation and alternative methods not related to regulatory intervention. Alternative methods may include more flexible and less traditional rules that are determined by the needs of practical activities and provide effective incentives for the behavior of subjects of legal relations.
With the adoption of the Law of the Republic of Kazakhstan "On Access to Information", the concepts of draft laws and draft regulatory legal acts are published on the Open NPAs Internet portal. However, there is no active participation of citizens in the discussion. The low level of feedback from government agencies, due to the insufficient number and, in some cases, poor-quality component of the mechanisms of interaction with the public, causes frustration among interested groups, as well as reduces the incentives to participate in this process.
Government agencies conduct various kinds of events where statistical analyses, scientific ideas and research that can be used in standard-setting activities are discussed and reviewed. Taking into account that the quality of legal policy depends sufficiently on the availability of reliable and objective data, it is important to pay attention to issues related to data collection, storage, processing, analysis and management.
It is necessary to continue to develop the potential inherent in the provisions of the most important legal document, the Constitution, since strict observance of constitutional rights and guarantees is the key to achieving the lofty goals set for the State.
President
Republic of Kazakhstan
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