Article 18. The procedure for introducing and repealing the permissive or notification procedure of the Law on Permits and Notifications

Home / RLA / Article 18. The procedure for introducing and repealing the permissive or notification procedure of the Law on Permits and Notifications

1. A permit or notification procedure is introduced only by including the relevant permit or notification in the lists of permits or notifications provided for in appendices 1, 2 and 3 to this Law, with the exception of the introduction of a permit procedure for the export or import of certain types of goods in accordance with Article 37 of this Law.

2. In order to introduce a permissive or notification procedure, regulatory state bodies must first conduct a regulatory impact analysis procedure in accordance with the Business Code of the Republic of Kazakhstan.

3. When a permissive procedure is introduced for an activity or action (operation) that was not previously subject to a permissive procedure, the obligation to obtain a permit arises for an individual or legal entity engaged in the activity or action (operation) from the date of entry into force of a regulatory legal act regulating the procedure for obtaining a permit and (or) establishing the requirements for obtaining a permit. permissions.

4. Regulatory legal acts regulating the procedure for obtaining permits, approving licensing or qualification requirements and (or) a list of documents confirming applicants' compliance with such requirements may not be put into effect before the expiration of sixty calendar days after the date of their first official publication, with the exception of regulatory legal acts provided for in paragraph 4-1 of this Article.

In the case of the introduction of a permissive procedure for activities or actions (operations) that were not previously subject to a permissive procedure, applicants have the right to apply for a permit before the entry into force of regulatory legal acts regulating the procedure for obtaining permits, approving licensing or qualification requirements and (or) a list of documents confirming the applicants' compliance with such requirements, but not no later than five working days before the entry into force of the said acts.

At the same time, the issuance of permits or reasoned refusals to issue them on applications submitted in accordance with part two of this paragraph must be carried out by the licensing authorities after the regulatory legal acts specified in part one of this paragraph enter into force, within the time limits established for their issuance.

4-1. Regulatory legal acts regulating the procedure for obtaining permits for the export and import of certain types of goods, in order to prevent or reduce a critical shortage in the domestic market, ensure national defense and national security of the Republic of Kazakhstan, protect human life and health, the environment, animals, plants, cultural values, protect public morals and law and order are introduced in The validity period is ten calendar days after the date of their first official publication, unless otherwise specified in the acts themselves.

5. Applicants who have applied for a permit in accordance with paragraph 4 of this article have the right, prior to the issuance of a permit or a reasoned refusal to issue it, to carry out activities or actions (operations) for which a permit procedure has been introduced without a permit.

This paragraph does not apply to permits issued for activities in the financial sector and activities related to the concentration of financial resources.

6. The licensing or notification procedure is subject to cancellation in case of failure to achieve the goals of state regulation.

The cancellation of a permissive or notification procedure is carried out by excluding a permit or notification from the lists of permits and notifications provided for in appendices 1, 2 and 3 to this Law, and entails the right of an individual or legal entity to carry out activities or actions (operations) without permission or notification.

The Law of the Republic of Kazakhstan dated May 16, 2014 No. 202-V SAM.

This Law regulates public relations related to the introduction and implementation of a permissive or notification procedure for the implementation of certain types of activities or actions by private business entities and other persons provided for by this Law.

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Republic of Kazakhstan

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