Public policy is a set of strategic decisions aimed at achieving socially significant goals. For its effective implementation, various legislative and regulatory instruments are used that provide the legal basis for the functioning of state institutions and regulate public relations.

According to the Law of the Republic of Kazakhstan «On Legal Acts» dated April 6, 2016, «a law is a normative legal act that regulates the most important public relations, establishes the fundamental principles and norms provided for by the Constitution of the Republic of Kazakhstan»^[29].

Norm of law – a generally binding rule of conduct of a permanent or temporary nature, designed for repeated application, extending to an individually indefinite circle of persons within the framework of regulated public relations

Legal act – a written official document of the established form containing a rule of law, adopted at a republican referendum or by an authorized body, or a decision of the form established by law containing an individual governmental legal order

A code is a law that combines and systematizes the norms of law governing homogeneous, major public relations

Normative legal act – a written official document of the established form, adopted at a republican referendum or by an authorized body, establishing the norms of law, changing, supplementing, terminating or suspending their operation^[30].

The main types of regulatory legal acts include:

- The Constitution of the Republic of Kazakhstan, constitutional laws of the Republic of Kazakhstan, codes of the Republic of Kazakhstan, consolidated laws of the Republic of Kazakhstan, laws of the Republic of Kazakhstan, temporary resolutions of the Government of the Republic of Kazakhstan having the force of law;

- Regulatory legal decrees of the President of the Republic of Kazakhstan;

- Regulatory legal acts of the Chairman of the Security Council of the Republic of Kazakhstan;

- Regulatory legal decisions of the Parliament of the Republic of Kazakhstan and its Chambers;

- Regulatory legal decisions of the Government of the Republic of Kazakhstan;

- Normative decisions of the Constitutional Court of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan;

- Regulatory legal decisions of the Central Election Commission of the Republic of Kazakhstan, the Supreme Audit Chamber of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and other central state bodies;

- regulatory legal orders of the Ministers of the Republic of Kazakhstan and other heads of central state bodies;

- regulatory legal orders of heads of departments of central state bodies;

- regulatory legal decisions of maslikhats, regulatory legal decisions of akimats, regulatory legal decisions of akims and regulatory legal decisions of audit commissions.

Derived types of regulatory legal acts include:

- regulation – a regulatory legal act that defines the status and powers of a state body;

- technical regulations – a regulatory legal act establishing requirements for products or for products and related processes of their life cycle, developed and applied in accordance with the country's legislation in the field of technical regulation or an international treaty ratified by the state;

- rules – a regulatory legal act that defines the procedure for organizing and carrying out any type of activity;

- instruction – a normative legal act detailing the application of legislation in any area of public relations.

The Codes of the Republic of Kazakhstan are adopted for the purpose of regulating the following homogeneous most important public relations: budget; civil; civil procedure; marriage and family; environmental; water; land; forest; tax; customs; labor; related to the execution of criminal penalties; related to bringing to administrative responsibility; related to bringing to criminal responsibility; criminal liability; criminal liability, legal procedures; in the field of healthcare; in the field of entrepreneurship; in the field of mineral resources and subsurface use; related to the implementation of administrative procedures and administrative proceedings; in the field of social protection.

The hierarchy of regulatory legal acts in the Republic of Kazakhstan is shown in Figure 3.1.1

 

Figure 3.1.1 – Regulatory legal acts of the Republic of Kazakhstan

 

 

Draft laws submitted to the Mazhilis of the Parliament of the Republic of Kazakhstan may be developed by various entities, depending on the initiator of the legislative process. In the case of a legislative initiative of the President of the Republic of Kazakhstan, draft laws are developed by the Presidential Administration, the Government, other State bodies, organizations and citizens in coordination with them. Proposals for the preparation of such draft laws may be submitted to the President for consideration by his Administration, the Government, central State and local representative and executive bodies, local self-government bodies, as well as organizations and citizens. If the legislative initiative comes from members of Parliament, the development of draft laws is carried out directly by parliamentarians. In the case of a legislative initiative of the Government, the preparation of draft laws is carried out by the central executive bodies, as well as other State bodies in coordination with them.

In addition to the domestic legislation of the State, there are also international legal acts and regulatory documents.

International treaties and agreements are state obligations in the framework of international relations that affect domestic policy. They may relate to trade, human rights, security, environmental issues, and other areas. By signing such agreements, States undertake to comply with their provisions and adapt their domestic legislation to international standards. Examples are the UN Convention on Human Rights, the Paris Agreement on Climate Change, and the WTO trade agreements.

Recommendations of international organizations – standards and guidelines developed by organizations such as the United Nations, the World Health Organization(WHO), the World Trade Organization( WTO), the International Monetary Fund(IMF), the Organization for Economic Cooperation and Development (OECD), etc. Although the recommendations are not binding, they have a significant impact on national policy-making. For example, WHO recommendations on pandemic management or OECD recommendations on improving public administration are often taken into account in the development of national programms.

Regional integration associations – the state's participation in international unions, such as the Eurasian Economic Union (EAEU), the European Union (EU), and the Shanghai Cooperation Organization (SCO), involves adapting national legislation to the norms and standards of these associations. This applies, for example, to customs regulations, technical regulations, and product quality standards.

Thus, legislative and regulatory instruments are key mechanisms for implementing public policy. Their systematic application ensures legal stability, predictability of management decisions and protection of citizens' rights. Effective legislative regulation contributes to achieving the country's strategic development goals and improving the quality of life of the population.

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^[29] Law of the Republic of Kazakhstan «On Legal Acts» dated April 6, 2016 https://online.zakon.kz/Document/?doc_id=37312788. Date of reference: March 1, 2025

^[30] Same reference.