SOME ASPECTS OF DEVELOPMENT OF LEGAL MONITORING AND ITS PROSPECTS
Keywords:
monitoring of regulatory acts, legal monitoring, monitoring of legislation and enforcement, monitoring of regulatory acts, legal acts, effectiveness of legislation, evaluation and forecastingAbstract
The article discusses the issues of improving the legal monitoring studied in the framework of applied scientific research "Evaluation of the effectiveness of the implementation of laws as a prerequisite for improving legislation and branches of law", approved by the Road map of the Legal Monitoring Center for 2019. In this paper, an analysis of the content of “legal monitoring” concept is conducted and the legal constructions that are promising for practical application are identified through regulatory legal acts.
Such study is a relatively new area in Kazakhstan legal science. Meanwhile, the article reveals the issues of legal nature and the establishment of legal monitoring as a legal institution.
At the present stage of development of the legislative system in the context of the continuing trend of increasing the pace of legislative activity requires the timely updates of legal acts and their streamlining. These tasks are of paramount importance and are particularly relevant in the light of the implementation of the provisions of the Legal Policy Concept of the Republic of Kazakhstan for the period from 2010 to 2020, approved by Decree of the President of the Republic of Kazakhstan on August 24, 2009.
At the same time, an analysis of the practice of legal monitoring done by state bodies shows that the goals and objectives of this activity are not fully implemented, since the function of monitoring the legislation and law enforcement practice still requires improvement
This article is focused on solving problems on interaction with state bodies in the process of conducting legal monitoring, evaluation and forecasting the effectiveness of current legislation in the country, as well as improving the legal system of the Republic of Kazakhstan. A comprehensive study of legal monitoring has led to the development of scientifically based approaches to the selection of recommendations for improving legislation in this direction, both at the monitoring stage in relation to regulatory legal acts and in the aspect for cooperation in legal monitoring as a result of its enforcement.
In addition, the paper draws attention to the importance of the qualitative side of legal monitoring, which should consider public opinion, in particular, involvement of the National Chamber of Entrepreneurs, universities, research institutes and centers, as well as citizens for return of experience on the development of legislation. Based on the findings, the authors presented an attempt to systematize the main structural elements of the institute of legal monitoring and presented practical propositions for its prospective efficiency[1].
[1]Kazbayeva A.G. The role and importance of public monitoring conducted by the National Chamber of Entrepreneurs in the legal monitoring of regulatory legal acts // Қазақстан Республикасы Заңнама институтының Жаршысы ғылыми-құқықтық ж-л № 3 (44) 2016 ж. – 78-82-б.: Журналдың электрондық нұсқасы: http://www.adilet.gov.kz/sites/default/files/leaflets/vestnik_no344-_2016_na_sayt.pdf