ANALYSIS OF THE EFFECTIVENESS OF LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON NATIONAL CHAMBER OF ENTREPRENEURS IN THE LIGHT OF IMPLEMENTATION OF PUBLIC MONITORING

Authors

  • Sergey Ivanovich Klimkin
  • Assel Gabidenovna Kazbayeva

DOI:

https://doi.org/10.52026/1994-408X_2020_62_4_132

Keywords:

legal monitoring, public monitoring, regulatory legal acts, the National Chamber of entrepreneurs, NCE RK "Atameken"

Abstract

The Center for legal monitoring of the Republican State Enterprise on the Right of Economic Management "Institute of Legislation and Legal Information of the Republic of Kazakhstan" is conducting a fundamental and applied scientific research on the topic: "Public monitoring: state and development prospects".

The issues on improving legal monitoring through the public monitoring of regulatory legal acts and law enforcement practice; analysis of legislation in the field of public monitoring, as well as legal regulation of civil society subjects and their participation in conducting legal monitoring shall be considered within the framework of this research.

The Conception of legal policy for the period from 2010 to 2020, approved by the Decree of the President of the Republic of Kazakhstan, notes the need to continue the work on systematization of current legislation, further consolidation in the context of branches of legislation, releasing it from obsolete and duplicative norms, filling the gaps in legal regulation, elimination of internal contradictions in the current law; minimization of reference norms in laws and expansion the practice of adopting direct-action laws within the range of issues on which the legislative acts can be adopted in accordance with the Constitution in order to increase the efficiency of rule-making activities[1].

Achievement of the goals specified in the Conception, as noted by the President of the Republic of Kazakhstan K-Zh. Tokayev in the pre-election platform in June 2019[2], should be accompanied by effective interaction between the society and the state with active participation of the former in the activities of the latter.

At the same time, it should be noted that successful interaction between the society and authorities is possible only within the framework of rule-of-law state, in which all civil society institutions conduct an equal dialogue with the bodies and officials with powers of authority. The quality of the rule-making process that determines all spheres of life of the population, as well as the quality of rendering public services, depends on how the state “hears” the problems of the society.

Due to the fact that public monitoring is one of the demanded forms of public control, this research will also study the main provisions and the mechanism of public control as a new democratic institution, allowing the civil society to control the activities of public authorities. It should be noted that the current regulatory legal acts often replace the concepts of monitoring, control and assessing each other.

This article is devoted to the analysis of the Law of the Republic of Kazakhstan "On National Chamber of Entrepreneurs of the Republic of Kazakhstan" for the presence of shortcomings, contradictions, inconsistencies, gaps, as well as the issues of public monitoring conducted by the National Chamber of entrepreneurs "Atameken". After all, the formulated theoretical and legal characteristics of public monitoring as a form of control in the rule-of-law state can significantly show its connection with the concept of the rule-of-law state and civil society.

 

[1] Conception of legal policy of the Republic of Kazakhstan for the period from 2010 to 2020. Approved by the Decree of the President of the Republic of Kazakhstan dated 24 August 2009 // LIS «Әділет» [Electronic resource]. URL: http:adilet.zan.kz

[2] On measures to implement the pre-election program of the President of the Republic of Kazakhstan "Welfare for all! Continuity. Justice. Progress" and proposals received during the national action “Birge”: The Decree of the President of the Republic of Kazakhstan dated 19 June 2019 № 27 // [Electronic resource]. URL:http:akorda.kz

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Published

30.09.2020

How to Cite

Klimkin, S. I., & Kazbayeva, A. G. (2020). ANALYSIS OF THE EFFECTIVENESS OF LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON NATIONAL CHAMBER OF ENTREPRENEURS IN THE LIGHT OF IMPLEMENTATION OF PUBLIC MONITORING. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(62). https://doi.org/10.52026/1994-408X_2020_62_4_132