SOME QUESTIONS OF INTERRACTION OF LEGAL AND THEMATIC (FUNCTIONAL) MONITORING

Abstract

The article is devoted to some issues of relations between legal and thematic (functional) monitoring. At the present stage in the Republic of Kazakhstan a specific feature of the formation of the legislation is the adoption of regulatory legal acts or certain provisions based on the thematic (functional) monitoring reflected in national plans (the main directions of development of the country), the Epistles and the Decrees of the RK President, the state programs, concepts,"road maps "and others.

The program documents, which are legally binding, directly contain provisions on the adoption of specific legislation, on the improvement of legislation in the area under consideration, on the conduct of a thematic (functional) monitoring.

Based on the analysis of the program documents it was revealed that the Kazakh legislation is widely used trend regulating the organization of the thematic (functional) monitoring in various sectors and fields of state activity. Each line ministry is monitoring the corresponding areas of their activities and interests. Meanwhile actually the monitoring of the activities on the implementation of specific tasks is carried out, rather than monitoring of lawmaking, legislation and practice. In this regard, from a legal point of view, the question of the correlation of the thematic monitoring and the legal scope arises.

The author is of the opinion that the thematic functional monitoring by the state bodies, acts as a source of information of legal monitoring, thematic and legal monitoring are interrelated and interdependent, however the issue in question needs further independent research, and the development of the mechanism of their correlation.