Public policy development requires a clear regulatory framework that provides a legal basis for decision-making and implementation. In this regard, the development and coordination of normative legal acts play a key role in the State governance mechanism.
Main stages of development of normative legal acts.
The development of a regulatory act goes through several consecutive stages:
- initiation of development – at this stage, the need to create a new regulatory act or make changes to an existing document is determined. Initiators can be state bodies, public organizations, scientific institutions and citizens;
- preparation of the concept of the act – the general structure of the document is developed, the law enforcement practice is analyzed, and the main provisions of the future act are developed;
- writing a draft act – the concept is used to create the text of a normative legal act, taking into account legal and technical requirements.
- public discussion – the draft document is published for review and suggestions by interested parties, including citizens, the business community and the expert community.
- interdepartmental approval – the project is sent to the interested state bodies for comments and suggestions, after which adjustments are made to it.
- legal expertise-analyzes the project's compliance with the requirements of legislation and international obligations of the state.
- submission to the authority – after the final revision, the draft is sent to the relevant state body for consideration and adoption;
- adoption and publication – an act is adopted by an authorized body (such as the Parliament, Government, or President), signed, and officially published for entry into force.
Procedure for approval of regulatory legal acts.
- the publication of normative legal acts is a process of interaction between various state bodies, public organizations and the expert community in order to ensure their compliance with legal norms and public interests.
The main stages of approval include:
- in the inter-departmental approval – is carried out within the framework of the body that develops the draft act;
- interdepartmental coordination – is carried out between interested state bodies and departments;
- public consultations-involve discussion of the document with public organizations, experts and citizens;
- conclusion of the legal service-verifies the legal correctness of the wording and its compliance with the law;
- coordination with the country's leadership – in case of strategically important acts, the approval of the highest authorities is required.
The importance of normative legal acts in the formation of state policy is a tool for implementing state policy, ensuring: law and order in society, effective management of state processes, openness and transparency of decision-making, social stability and protection of citizens' rights, support for economic and social development.
For example, the development of a consultative document in the Republic of Kazakhstan is carried out taking into account the Address of the President of the Republic of Kazakhstan to the People of Kazakhstan, the provisions of the annual address of the Constitutional Council of the Republic of Kazakhstan, regulatory decisions of the Constitutional Council of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan, documents of the State Planning System and action plans for their implementation, Government decisions, results of legal monitoring of regulatory legal acts, analysis of the effectiveness of legislation, the practice of applying the legislation of the Republic of Kazakhstan in relevant sectors and spheres of public life, materials of scientific and practical conferences, seminars, meetings held on the problems of current legislation, appeals of individuals and legal entities, materials provided by non-governmental organizations, information contained in the media[46].
Thus, normative legal acts are a tool for implementing state policy, ensuring: law and order in society, effective management of state processes, openness and transparency of decision-making, social stability and protection of citizens ' rights, support for economic and social development. The development and coordination of regulatory acts requires a professional approach, consideration of public interests and strict compliance with procedures, which contributes to the creation of an effective and legal state.
[46] Rules for Legislative Work of the Government of the Republic. Approved by the Resolution of the Government of the Republic of Kazakhstan dated December 29, 2016, No. 907. Kazakhstan. https://primeminister.kz/assets/media/prilozhenie-rus_51.pdf