Article 20. Rules and standards of a self-regulatory organization The Law on Self-Regulation

Home / RLA / Article 20. Rules and standards of a self-regulatory organization The Law on Self-Regulation

1. A self-regulating organization develops and approves rules and standards that are mandatory for all its members (participants), aimed at achieving the following objectives:

1) definition of requirements for members (participants);

2) improving the quality and safety of goods (works, services) produced by its members (participants);

3) excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective ten calendar days after the date of its first official publication). 4) excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective ten calendar days after the date of its first official publication).

5) the use of methods to ensure property liability;

6) protection of the interests of the members (participants).

2. The rules and standards of self-regulatory organizations should not contradict the legislation of the Republic of Kazakhstan.

The adoption of rules and standards of self-regulating organizations does not exclude the possibility of adoption by state bodies within their competence of normative legal acts regulating the activities of subjects of self-regulation.

3. The rules and standards of a self-regulating organization must comply with the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation and standardization, the rules of business ethics, eliminate or reduce conflicts of interest in self-regulation.

4. The rules and standards of a self-regulating organization should establish requirements that prevent unfair competition, the commission of actions that cause moral harm or damage to consumers of goods (works, services) and other persons, actions that damage the business reputation of a member (participant) of a self-regulating organization or the business reputation of a self-regulating organization.

The rules of a self-regulating organization should provide for the responsibility of the members (participants) of the self-regulating organization and the procedure for involving them in it.

5. The rules and standards of self-regulatory organizations in the field of entrepreneurial activity based on mandatory membership (participation) are sent to the National Chamber of Entrepreneurs of the Republic of Kazakhstan for an opinion before their approval.

The National Chamber of Entrepreneurs of the Republic of Kazakhstan reviews the rules and standards of self-regulatory organizations in the field of entrepreneurial activity, based on mandatory membership (participation), in order to ensure that their content meets the requirements provided for in Articles 24, 25 and 26 of this Law.

The deadline for submitting an opinion on rules and standards may not exceed fifteen working days from the date of their receipt by the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

If the report is not submitted within the prescribed time, the report is considered received.

The approval or refusal to approve the rules and standards of self-regulatory organizations based on mandatory membership (participation) is carried out by regulatory state bodies within fifteen working days from the date of their receipt.

If the regulatory authorities fail to respond within the established time frame, the rules and standards of self-regulatory organizations based on mandatory membership (participation) are considered agreed.

6. The rules and standards are subject to mandatory posting on the Internet resource of a self-regulatory organization and (or) publication in periodicals distributed throughout the Republic of Kazakhstan.

It is not allowed to publish incomplete rules and standards, except for those containing legally protected secrets.

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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