SOME FEATURES OF ACADEMIC EXPERTISE OF THE DRAFTS OF INTERNATIONAL TREATIES

Abstract

Mandatory academic expertise is applied to the draft international treaties which are to be ratified - prior to their signing; to international treaties, to which the Republic of Kazakhstan intends to become a party - until a decision on their ratification or accession to them by ratification is taken.

The peculiarity of academic expertise of international treaties is that the experts, who must abide the norms of national legislation governing this procedure, should also consider the provisions of such source of international law as the Vienna Convention on the Law of International Treaties of 1969.

The Institute of Legislation of the Republic of Kazakhstan annually from January to March, in the absence of results of the state competition, carries out scientific expertise of international treaties. In 2017, a group of experts of the Institute of Legislation conducted the expertise of 13 draft international treaties. The author of the article, who took part in the academic expertise of international treaties by the Institute of Legislation, identifies some features of this procedure.

The author describes the applied approach to the expertise and the most common problematic aspects of the draft international treaties.

The article defines the procedure for the examination, the criteria for evaluating the examination and factors affecting the quality of the content of an international treaty. The objectives of the academic expertise of international treaties fixed at the legislative level reflect the main criteria according to which experts evaluate the submitted international treaty. The author also highlights additional criteria that the expert group of the Institute of Legislation used as the reference points during the examination.

The article is of an introductory nature and aims to reflect the practical side of the scientific examination of international treaties.