By Resolution of the Council of Ministers of 26 September 2016 No. 761, amendments and additions have been made to the Instruction on the Procedure for Conducting Mandatory Legal Expertise of Regulatory Legal Acts, BELTA was informed by the press service of the government.
The document is aimed at improving the quality of law-making activities of state bodies and refining the procedure for conducting mandatory legal expertise of their regulatory legal acts.
In particular, grounds for extending the examination period, such as the need to develop uniform approaches to the legal regulation of issues contained in interconnected regulatory legal acts simultaneously undergoing examination; the need to study archival documents relevant to the examination; the need to request additional documents from the law-making body, have been excluded from the instruction. At the same time, the list has been supplemented with such a ground as a motivated request from the law-making body for the need to extend the examination period, indicating the reasons for such an extension.
Furthermore, the resolution stipulates that in exceptional cases, the examination period may be extended by the leadership of the Ministry of Justice, the main justice department of the regional executive committee, based on a motivated request from the head of the structural unit carrying out the examination in the Ministry of Justice, the main justice department of the regional executive committee, or persons performing their duties.
Along with this, the list of grounds for returning an act without examination has been shortened.
Approaches to refining an act during the examination have also changed. According to the resolution, refining an act during the examination is carried out in two exceptional cases: when the non-compliance of the act with the requirements of law-making technique is insignificant, and also due to the presence of important and (or) urgent measures in the act subject to immediate implementation. Refining of the act will be carried out by law-making bodies within five working days.
This resolution comes into force on 1 October 2016.