Government law-drafting activities

It is planned to submit 13 draft laws to the Parliament in the first half of 2021.

According to the Minister of Justice Marat Beketayev, together with members of the Interdepartmental Commission, Plan of Legislative Activities of the Government for 2021 has been prepared on proposals of state bodies.

"Draft plan is formed on the basis of the tasks defined by the President and strategic documents, it provides for the development of 25 draft laws. Of the proposed draft legislations, it is planned to submit 13 draft laws to the Parliament in the first half of 2021, and the next 12 draft laws in the second half of the year", Marat Beketayev said at the Government meeting.

At the same time, it is planned to develop new draft laws "On public control", "On biological safety of the Republic of Kazakhstan", "On geodesy, cartography and spatial data" and "On military police" in the coming year. "Draft laws provided for in the Plan of Legislative Activities are generally aimed at solving social and economic issues of the population, expanding participation of citizens in socio-political life of the state, as well as further improving legislation in certain areas", the Minister said.

According to the Ministry of Justice, Plan of Legislative Activities of the Government for 2020 has been fully implemented, and all 22 draft laws have been submitted to Parliament in a timely manner.

Earlier, it became known that the President signed the Law "On amendments and additions to certain legislative acts" on December 20.

Kassym-Jomart Tokayev approved the Law regulating field of outstaffing. "The Law introduces a new type of contract for provision of paid services into the Civil Code – contract on services for provision of personnel, according to which one party (Sending Party) sends its employee to perform work in the interests of other party (Receiving Party)", the media reported.

Amendments also prohibit wage discrimination against employees of the Sending Party; provide for additional paid annual leave for employees of the Sending Party engaged in heavy work, work with harmful and/or dangerous working conditions, in accordance with the current legislation.

It is envisaged that the amount of foreign labour retained by employer on permits shall match the percentage to the number of Kazakh personnel, taking into account employees who work under contract to provide personnel.

Legislation also introduces a provision according to which preventive restriction of freedom of movement as an interim measure is applied with approval of the court to foreigners and stateless persons who are subject to forced expulsion and evade it (legislative acts of the Republic on regulation of detention terms when persons are expelled from Kazakhstan).

This provision provides for improvement of the legal mechanism and detention terms (with the court approval for a period of up to 30 days), evading the expulsion of persons for enforcement of judicial acts in criminal, administrative and special cases.

Criminal Code has also been amended to toughen the punishment of law enforcement officers and judges, bribe-takers and intermediaries in bribery for committing corruption crimes.

Amendments exclude the possibility of early release on parole of persons convicted of serious and particularly serious corruption crimes.

New anti-corruption restrictions are also being introduced for civil servants, members of Parliament and judges.

It provides opportunity to conduct criminal proceedings in electronic format, taking into account the opinions of process participants, and simplifies procedure for approving procedural decisions with the Prosecutor, including in electronic format.

Grounds for appealing and reviewing decisions of the investigating judge are being expanded. Grounds for recusal of the judge are supplemented if he/she has previously taken part in proceedings against other accomplices of criminal offense.