Article 4. The main goals and principles of self-regulation The Law on Self-Regulation

Home / RLA / Article 4. The main goals and principles of self-regulation The Law on Self-Regulation

1. The main objectives of self-regulation are:

1) improving the quality and competitiveness of goods, works and services of Kazakhstani origin);

2) increasing the competitiveness of domestic economic sectors;

3) strengthening the responsibility of market participants to consumers;

4) organization of effective interaction of subjects of self-regulation with regulatory state bodies.

2. The general principles of self-regulation are:

1) legality – the introduction and implementation of self-regulation in accordance with this Law and other laws of the Republic of Kazakhstan, subject to respect for the rights of all interested parties;

2) equality – the existence of equal rights and obligations of members (participants) of a self-regulatory organization;

3) self–financing - financing the activities of a self-regulatory organization on the basis of membership fees and other sources not prohibited by the laws of the Republic of Kazakhstan;

4) liability – the use by self-regulating organizations, in accordance with this Law and other laws of the Republic of Kazakhstan, of mechanisms to guarantee property liability to third parties for damage caused by the actions of members (participants) of these self-regulating organizations;

5) transparency of activities – the most open activity of self-regulatory organizations with ensuring the availability of information to interested parties;

6) reputation dependence (reputational dependence) – the dependence of members (participants) of self-regulatory organizations on their business and professional reputation;

7) mutual assistance and protection of interests – provision by self-regulating organizations of assistance to their members (participants), as well as protection of their interests;

8) independence – the inadmissibility of interference in the activities of self-regulating organizations by government agencies, other organizations and officials, except in cases expressly provided for by the laws of the Republic of Kazakhstan.

9) fair competition.

3. The basic principles of self-regulation based on voluntary membership (participation) are:

1) freedom of association is a choice for voluntary association of individuals into a self–regulating organization;

2) industry community is an association of entrepreneurs based on the unity of activities characterized by similarity (similar or related characteristics) of manufactured goods (works, services), technology, and the stage of the life cycle of production facilities.

4. The basic principles of self-regulation based on compulsory membership (participation) are:

1) efficiency – the introduction of self-regulation is carried out only on condition that it ensures more effective achievement of the goals set during state regulation;

2) avoidance of duplication – a clear delineation of the competence of government agencies and self-regulatory organizations in order to avoid double control over members (participants) of self-regulatory organizations.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (for the procedure of entry into force, see art. 2).

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.

President

Republic of Kazakhstan

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