THE ROLE OF SCIENTIFIC COMMUNITY IN THE LEGISLATIVE ACTIVITIES OF STATE BODIES OF THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_13Keywords:
Legislative process, development of laws, scientific and legal expertise, legal technique, scientific institutesAbstract
Currently large-scale processes of reforming public and political institutions are being carried out in the Republic of Kazakhstan. In 2022 the referendum on amendments to the Constitution of the Republic of Kazakhstan was successfully held, and the Concept of Legal Policy of the Republic of Kazakhstan until 2030 was implemented. All this requires the improvement of the adopted legislative acts, the stability of legislation.
Civil servants involved in drafting laws are not required to be legal scholars and may not have academic knowledge in the legal field. In this regard, the main role in the implementation of legislative activity should be assigned to legal scholars, who should take part in the legislative process at all its stages. But in practice, this is not always observed, which creates a risk of divergence of legislation and the current legal doctrine.
The participation of the scientific community in the legislative process includes the following aspects. Firstly, it is the involvement of the scientific community in legislative activity at the stage of drafting a law. Secondly, the participation of scientists at the stage of discussion of draft laws, including both the discussion on the portal «Open legal acts» and during meetings of working groups. Thirdly, it is the participation of lawyers at the stage of expertise of draft legislative acts. All these points are described in detail in the article.
The purpose of the article is to highlight the role of scientific community in the legislative activity of state bodies of the Republic of Kazakhstan. The article discusses and analyzes current issues of scientists' participation in legislative work. Conclusions about possible ways to improve the system of law development are presented.