The analysis and evaluation of the results of lawmaking

Abstract

The authors study the problem of improvement of legal acts effectiveness by using the methods of assessment of the extent and nature of their impact on regulated social relations. Such methods as legal monitoring, drafting analysis reports, regulatory impact assessment are considered. Current legislation of Kazakhstan in this sphere is analyzed in the article, proposals for its improvement are formulated. The authors use state and social (public) monitoring are considered. The authors suggest to fix in the special Article following legal monitoring principles: legality, objectivity, comprehensiveness, planning, maximum informational objects and subjects as base of classification of the legal monitoring, content, sufficient financial support and publicity. Legal monitoring institute as a type of legal activity demands further theoretical elaboration. The public monitoring has not received adequate regulation in the legislation. It is necessary to develop a mechanism and methodology for conducting public monitoring, the procedure of interaction of public institutions with public authorities in conducting public monitoring. An important tool for legal monitoring is the regulatory impact analysis (RIA). The historical aspect of the regulatory impact assessment was explored by authors. For the theory and practice of legal regulation of the Republic of Kazakhstan, this institution is new and demands further studying and improvement. The article contains the comparative analysis of the application RIA in the lawmaking and the Law on licenses and notifications. The authors suggest to include the regulatory impact analysis in the Environmental Code, the Forest Code, the legislation on aviation, railway transportation.