TO THE QUESTION OF INEFFICIENCY OF LEGISLATIVE REGULATION OF NON-COMMERCIAL ORGANIZATIONS

Authors

  • Sergey Ivanovich Klimkin
  • Асель Габиденовна Казбаева

DOI:

https://doi.org/10.52026/2788-5291_2022_69_2_195

Keywords:

public monitoring of normative legal acts, analysis of the effectiveness of legislation, shortcomings of the law, legal entities, non-commercial organizations, non-governmental organizations, legal monitoring

Abstract

In accordance with the first part of Article 1 of the Law of the Republic of Kazakhstan “On non-commercial organizations” dated January 16, 2001 No. 142 (hereinafter the Law, the analyzed Law), the subject of regulation of the Law are relations arising in connection with the creation, activities, reorganization and liquidation of non-commercial organizations.

Aspects of the legal status, establishment, activities, reorganization and liquidation of political parties, trade unions, certain types of institutions, public associations, consumer cooperatives, religious associations, the National chamber of entrepreneurs of the Republic of Kazakhstan, other organizational and legal forms of non-commercial organizations are regulated by special laws (part two of article 1, paragraph 3 of article 3, paragraph 3 of article 8, paragraph 3 of article 11, paragraph 6 of article 14, paragraph 3 of article 15, paragraph 3 of article 17, paragraph 6 of article 39 of the Law).

At the same time, relations arising in connection with the establishment, activities, reorganization and (or) liquidation of funds formed at the expense of mandatory payments established by the legislation of the Republic of Kazakhstan are not subject to regulation of this Law. (paragraph 6 of article 13).

The Law consists of 43 articles combined into 6 chapters:

  • Chapter General Provisions;
  • Chapter Legal organizational forms of non-commercial organizations;
  • Chapter Establishment, reorganization and liquidation of a non-commercial organization;
  • Chapter Activity of non-commercial organizations;
  • Chapter Management of a non-commercial organization;
  • Chapter 6. The state and non-commercial organizations.

It stands to mention that since the adoption of the Law, it has been amended and supplemented 45 times by the laws of the Republic of Kazakhstan, the last of which were amended by the Law of the Republic of Kazakhstan dated June 9, 2021 No. 49-VII LRK “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on issues of advocate practice and legal assistance”.

Moreover, in 2021, the Ministry of Information and Social Development of the Republic of Kazakhstan, in pursuance of the Decree of the Head of State “On further measures of the Republic of Kazakhstan in the field of human rights” and in order to increase the effectiveness of interaction with non-governmental organizations (hereinafter the NGOs), began to develop a regulatory policy advisory document to the draft Law of the Republic of Kazakhstan “On non-commercial organizations”. At the same time, this draft law is planned to be developed in a new edition through the absorption of the Law of the Republic of Kazakhstan dated May 31, 1996 No. 3-I “On public associations”.

Given this circumstance, as well as the problems of interaction between the authorities and non-governmental organizations in the Republic of Kazakhstan, and in general the division of legal entities, we believe that the information presented for your review will be timely and appropriate. The article was prepared based on the analysis of the effectiveness of the Laws of the Republic of Kazakhstan dated January 16, 2001 No. 142 “On non-commercial organizations” and dated May 31, 1996 No. 3-I “On public associations".

Key words: public monitoring of normative legal acts, analysis of the effectiveness of legislation, shortcomings of the law, legal entities, non-commercial organizations, non-governmental organizations, legal monitoring.

 

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Published

30.06.2022

How to Cite

Klimkin , S. I., & Казбаева, А. Г. (2022). TO THE QUESTION OF INEFFICIENCY OF LEGISLATIVE REGULATION OF NON-COMMERCIAL ORGANIZATIONS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(69). https://doi.org/10.52026/2788-5291_2022_69_2_195