Article 3. Types and introduction of self-regulation The Law on Self-Regulation

Home / RLA / Article 3. Types and introduction of self-regulation The Law on Self-Regulation

1. Self-regulation is based on voluntary or compulsory membership (participation).

2. Self-regulation based on voluntary membership (participation) operates along with state regulation in the fields of entrepreneurial or professional activity, establishing requirements for subjects of self-regulation and their activities above the requirements established by the legislation of the Republic of Kazakhstan.

3. Self-regulation based on compulsory membership (participation) in the field of entrepreneurial or professional activity is introduced on the basis of the laws of the Republic of Kazakhstan in accordance with the procedure established by this Law in areas of activity related to the implementation of state functions or the need to delegate certain functions performed by state bodies.

In the case of the introduction of self-regulation based on compulsory membership (participation) in the sphere of entrepreneurial or professional activity, a different organizational and legal form is established by the laws of the Republic of Kazakhstan for a self-regulating organization based on voluntary membership (participation), established in the organizational and legal form of a public association.

4. In order to introduce self-regulation based on mandatory membership (participation), the regulatory state body and interested parties must first conduct a regulatory impact analysis procedure in relation to the draft documents they are developing in accordance with the Business Code of the Republic of Kazakhstan.

The purpose of regulatory impact analysis is to increase the effectiveness and efficiency of government policy in terms of using self-regulation based on mandatory membership (participation) through an assessment of alternative regulatory approaches to achieve certain goals or solve well-defined problems.

Regulatory impact analysis is carried out before and after the introduction of self-regulation based on mandatory membership (participation).

According to the results of the regulatory impact analysis, depending on the effectiveness of the self-regulation based on mandatory membership (participation), it may be introduced, abolished or otherwise revised.

4-1. Self-regulation based on compulsory membership (participation) in the field of entrepreneurial or professional activity is introduced only if self-regulatory organizations based on voluntary membership (participation) and (or) other non-profit organizations with compulsory membership of subjects of entrepreneurial or professional activity, except for the National Chamber of Entrepreneurs of the Republic of Kazakhstan, operate in this field.

4-2. Self-regulation is introduced only if there is government regulation in the relevant industry or area of public administration in which it is planned to introduce such self-regulation.

5. Self-regulating organizations may not be established in the field of national security, defense, or public order.

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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