THE ROLE AND SIGNIFICANCE OF PUBLIC MONITORING, CONDUCTED BY THE NATIONAL CHAMBER OF ENTREPRENEURS IN LEGAL MONITORING OF REGULATORY ACTS

Abstract

The article considers the results of a study of doctrinal interpretations of the "public monitoring" category and related concepts, as well as an analysis of their content, identifies perspective for practical application legal structures by means of normative legal acts. Applied scientific research of public monitoring of normative legal acts as an independent public monitoring facility is a relatively new trend in the Kazakhstan legal science. Analysis of public monitoring is focused on the solution of problems of interaction with public authorities in the process of carrying out legal monitoring in order to assess and forecast the effectiveness of the current legislation in the country, as well as improve the legal system of the Republic of Kazakhstan.

Comprehensive study of public monitoring has led to the development of science-based approaches to the selection of recommendations to improve the legislation in this area both at the stage of regulatory acts monitoring, and in terms of cooperation under legal monitoring as a result of its enforcement. The main result of the implementation of the optimization of legal regulation in the state was legislative consolidation and its actual implementation in the public control system. However, since it was introduced, the mechanisms of public monitoring of regulatory acts have not been anchored on system legislative frameworks and it has not been structured, among them the procedures for cooperation and implementation of the results with governmental agencies engaged in legal monitoring have not been regulated. Moreover, the use of a common concept of "social monitoring" leads to a diversity of interpretation and explanation of its content in a number of concepts that do not allow to reliably determine the effectiveness of its implementation in the country.

Based on the findings, the authors made an attempt to systematize the main structural elements of the public monitoring institute, as well as provided practical suggestions for its perspective optimization.