Article 1. The basic concepts used in this Law of the Law on Self-Regulation

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The following basic concepts are used in this Law:

1) personal interest – the material and (or) other interest of a member (participant) of a self-regulating organization, a person who is a member of the governing bodies of a self-regulating organization, an individual acting on the basis of an employment contract or a civil law contract, which affects or may affect the rights and legitimate interests of the self-regulating organization and (or) its members (participants);

2) professional activity – the activity of an individual requiring the possession of special theoretical knowledge, practical skills acquired as a result of special training, as well as work experience;

3) self–regulating organization is a non-profit organization in the form of an association (union), public association or other organizational and legal form established by the laws of the Republic of Kazakhstan, based on voluntary or compulsory membership (participation) of private business entities or professional entities based on the principle of community of activities, industry, types of economic activity, market of manufactured goods (works, services);

4) rules of a self–regulating organization - a document defining the procedure for organizing the activities of a self-regulating organization and its members (participants);

5) the standard of a self–regulating organization is a document that establishes requirements for the repeated use by members (participants) of a self-regulating organization of uniform and mandatory principles, characteristics for their goods (works, services) and type of activity;

6) self–regulation is a set of measures provided for by this Law aimed at the independent regulation by individuals and legal entities of their entrepreneurial or professional activities based on the approval of the rules and standards of a self-regulating organization, monitoring their compliance, as well as ensuring the property responsibility of subjects of self-regulation.;

7) conflict of interest in self-regulation – a case in which the personal interest of members (participants), individuals acting on the basis of an employment contract or a civil law contract with a self-regulating organization affects or may affect the performance of their professional (membership) duties and (or) entails a conflict between such personal interest and the legitimate interests of the self-regulating organization, which can lead to harm to the legitimate interests of a self-regulating organization or the threat of such a contradiction;

8) the authorized body in the field of self–regulation (hereinafter referred to as the authorized body) is the central executive body responsible for management, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination on self–regulation issues.;

9) subjects of self–regulation - self-regulating organizations, members (participants) of self-regulating organizations;

10) compensation fund – money accumulated from sources of formation of property of a self-regulating organization for making guarantee payments in cases of non-fulfillment by the self-regulating organization, its members (participants) of obligations to consumers and other persons;

11) regulatory state bodies – state bodies that provide leadership in a particular industry or area of public administration in which self-regulation has been introduced or is planned to be introduced.

The Law of the Republic of Kazakhstan dated November 12, 2015 No. 390-V SAM.

This Law regulates public relations related to the self-regulation of business and professional entities in the Republic of Kazakhstan, defines the conditions for the establishment and functioning of self-regulatory organizations, membership (participation) in them and their legal status.

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Republic of Kazakhstan

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