ORGANIZATIONAL AND LEGAL SUPPORT OF DIGITALIZATION OF REGULATORY PROCESS IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2021_65_2_13Keywords:
digitalization, rule-making process, digital law, electronic form, electronic media, public discussion, regulatory legal actAbstract
The article discusses the issues of digitalization of the rule-making process in the Republic of Kazakhstan as one of the current trends in the development of public administration at present. The authors studied modern scientific literature with a summary of the views of legal scholars on this issue, shows the experience of the Russian Federation and the Republic of Belarus in the digitalization of legal regulation of lawmaking.
The paper analyzes the norms of national legislation governing the use of information and communication technologies in the process of preparation, discussion, adoption, publication of regulatory legal acts, their systematization and accounting.
Particular attention is paid to the issues of public discussion of draft regulatory legal acts posted on the portal "Open regulatory legal acts".A specific example of the draft Law "On Amnesty in Connection with the Thirtieth Anniversary of the Independence of the Republic of Kazakhstan" posted for public discussion shows such shortcomings associated with the public discussion of draft laws as low activity of citizens in public discussion, insufficient time for discussion, lack of notification of citizens about the placement of the project on the website of open regulatory legal acts, a formal approach to the discussion on the part of government agencies-developers, the absence of a real mechanism for taking into account the proposals made, and others.In this regard, it is recommended in the Law "On Legal Acts" to establish the minimum and maximum terms for public discussion of draft regulatory legal acts, the provisions of the draft Concept of Legal Policy until 2030 on the development of a mobile application for citizens, on studying the reasons for the low activity of citizens in the discussion are positively assessed.Noting the measures taken in the country for the organizational and legal support of digitalization of the rule-making process, the question is raised about the development of an electronic system for the preparation of regulatory legal acts from the moment of their development to adoption, with the possibility of making recommendations and administering by experts from the Ministry of Justice, the Office of the Prime Minister, the Administration President and deputies of the Parliament of the Republic of Kazakhstan.