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Wednesday, September 22nd, 2021

B. Sagintayev instructs to accelerate adoption of regulatory acts under the new law on entrepreneurship

by June 26, 2018 Key Issues

May 24, 2018, the Head of State publicly signed the Law on Improving Business Regulation, the main objective of which is to radically improve and expand the business environment, as well as reduce administrative barriers and business costs.

First Deputy Minister of National Economy Ruslan Dalenov said that in general, 146 subordinate acts are required to implement the Law. Of particular importance are the regulatory acts that are needed to improve Kazakhstan’s position in the Doing Business ranking, there are 24 of them.

According to the first vice minister, all by-laws have already been developed, most of them are undergoing approval procedures in state bodies.

In order to clarify the Law, from June 8, a cluster information and awareness-raising campaign was carried out among entrepreneurs of Pavlodar, Kokshetau, Almaty, Aktobe with the involvement of nearby regions. Representatives of local executive bodies, NCE RK and its regional chambers, business associations, as well as representatives of the business itself participated in this work.

“In July this year it is planned to hold a number of field seminars for local executive bodies, in connection with the expansion of the Institute of Regulatory Impact Analysis to the regional level. At these seminars, local authorities will be trained in the order of the analysis, as well as assessing the costs and benefits of the regulation to be introduced,” Dalenov summed up.

Minister for Investments and Development Zhenis Kassymbek, in his turn, informed that in order to regulate the new direction of the activities of the ministry � natural monopolies in air navigation and airports � the regulatory acts were developed in terms of the standards of rendering services to consumers; methods of formation and evaluation of investment program projects; methods of calculating the level of the temporary decreasing coefficient to tariffs for regulated services; non-discriminatory methodology for calculating tariffs or their marginal levels for regulated services, goods, works; Expert Council on the tariff policy in the field of civil aviation.

In the sphere of construction, it is planned to improve the organization and conduct of a comprehensive non-departmental expertise of construction projects by adopting rules that determine the order of portal maintenance and information systems on a “single window” basis.

“Ten joint orders with the Ministry of National Economy are aimed at adjusting the criteria for assessing the degree of risk and reducing the requirements of checklists in the areas of construction, industrial safety, technical regulation, geology and transport. Their adoption is scheduled for November this year,” Kassymbek concluded.

As the Minister of Energy Kanat Bozumbayev noted, seven regulations will be adopted in November to bring the by-laws on the criteria for assessing risks in the oil and gas, electricity, nuclear and environmental sectors. In addition, in the oil and gas sector, the design of petrochemical plants from the list of licensed subspecies of activity is excluded from June 2018. The corresponding draft of the regulatory act was developed and sent for coordination to the corresponding state bodies and organizations.

“In the field of environmental protection, it is envisaged to combine the two state services by issuing a conclusion of the state ecological expertise simultaneously with a permit for emissions into the environment within the “single window.” Terms of rendering state services are shortened from 150 to 45 working days. An open dialogue with the nature user is launched through the portals of the state database E-Licensing and Unified Information System of Complex Non-Departmental Expertise to eliminate comments during the state environmental review within 10 working days,” the minister said.

Also, the Law amended the Environmental Code, according to which the authorized body creates an Appeals Commission, approves the rules, regulations and composition. The decision adopted by the Appeals Commission will be of a recommendatory nature.

According to the Minister of Justice Marat Beketayev, this law transfers the functions of real estate registration from the Ministry to the State Corporation “Government for Citizens.” Simultaneously with the transfer of this function, the SDB Registry of Real Estate is transferred to the trust management of the State Corporation. The justice authorities will retain the control and legal support function.

In addition, amendments have been made that optimize the procedures for enforcement proceedings. In matters of intellectual property, the control of business entities excludes: the use of copyright, industrial property, selective achievements, topographies of integrated microcircuits.

Ministry of Justice remains in control of only the sphere of the trademark use, the service mark, the name of the place of origin of the goods or the brand name and the activities of organizations that manage property rights on a collective basis.

“Ministry of Justice has prepared appropriate amendments to the subordinate legislation. They are on the coordination in the relevant state bodies and organizations,” Beketayev assured.

The First Vice Minister of Agriculture Arman Yevniev also reported on the work. In the framework of the Law on Improving Business Regulation, amendments were made to three codes and ten laws affecting the agro-industrial complex. In connection with the amendments, 16 subordinate legislation in the sphere of the AIC are required. Currently, these by-laws are being developed by the ministry and are planned for approval in November this year.

In the course of the meeting, Chairman of the Board of Atameken NCE A. Myrzakhmetov also spoke.

Following the consideration of the issues, Prime Minister Bakytzhan Sagintayev noted that the regions expressed great support for the adopted law. Entrepreneurs are eagerly awaiting the early adoption of the necessary regulatory and legal acts.

In this regard, the ministries are instructed to speed up the adoption of the required regulations and ensure their high quality. At the same time, it is necessary to take into account all the remarks of the Atameken and the entrepreneurs expressed during Sagintayev’s working trips to the regions.

The control is entrusted to the Deputy Prime Minister E. Dossaev

Source: The Prime Minister of Kazakhstan