Article 82. The specifics of the development and adoption of regulatory legal acts providing for the introduction of regulatory instruments and (or) requirements, stricter regulation in relation to business entities of the Entrepreneurial Code of the Republic of Kazakhstan  

     1. If government agencies plan to introduce a new regulatory instrument and/or a requirement to tighten regulation in relation to business entities, government agencies should first conduct a regulatory impact analysis procedure in accordance with the procedure determined by the authorized business body.

     The tightening of regulation is the establishment of additional responsibilities or another increase in the burden on business entities.

     2. The introduction of a new requirement or stricter regulation in relation to business entities should provide for the abolition of two requirements in the same area of legal regulation of entrepreneurial activity in accordance with the procedure established by the rules for conducting and using regulatory impact analysis of regulatory instruments and (or) requirements, except in cases that may entail a massive threat to the life and health of the population, the environment and national security of the Republic of Kazakhstan.

     The provisions of this paragraph do not apply to cases when the regulation of relevant legal relations in the conduct of entrepreneurial activity is introduced for the first time, as well as to the cases provided for in subparagraph 3) of the second paragraph of paragraph 3 of this Article.

     3. Regulatory impact analysis is subject to draft documents of the State Planning System in the Republic of Kazakhstan, draft regulatory legal acts of the Republic of Kazakhstan, draft technical regulations of the Eurasian Economic Union providing for the introduction of regulatory instruments and (or) requirements or stricter regulation in relation to business entities.

     At the same time, the requirement to conduct a regulatory impact analysis before and after the introduction of a regulatory instrument and (or) the requirement to tighten regulation in relation to business entities does not apply to:

     1) regulation of issues related to overcoming the consequences of accidents, natural disasters and other emergency situations;

     2) regulation of the turnover of weapons and military equipment, the turnover of civilian and service weapons and ammunition, the turnover of narcotic drugs, psychotropic substances, their analogues and precursors;

     3) regulation of the activities of financial organizations, branches of non–resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non–residents of the Republic of Kazakhstan, branches of insurance brokers of non–residents of the Republic of Kazakhstan and persons belonging to insurance groups and banking conglomerates, as well as draft regulatory legal acts of the National Bank of the Republic of Kazakhstan and the authorized regulatory body, control and supervision of the financial market and financial organizations;

     4) the introduction of a special currency regime in the event of a threat to the economic security of the Republic of Kazakhstan and the stability of its financial system;

     4-1) the introduction of prohibitions and quantitative restrictions and measures of customs and tariff regulation in order to prevent or reduce a critical shortage in the domestic market of food or other goods included in the list of essential goods, and to ensure the national security of the Republic of Kazakhstan on the basis of a decision of the advisory body on trade policy under the Government of the Republic of Kazakhstan;

     5) draft regulatory legal acts containing information constituting state secrets;

     6) making decisions on the establishment of a quarantine zone with the introduction of a quarantine regime in the relevant territory, as well as quarantine or restrictive measures in the event of infectious and parasitic diseases of humans and infectious diseases of animals;

     7) regulation of issues related to countering extremism and terrorism;

     8) regulation of issues in the field of counterintelligence and intelligence activities;

     9) regulation of issues in the field of operational investigative activities;

     10) regulation of security measures to ensure the safety of protected persons and facilities;

     11) regulation of issues related to the introduction and enforcement of martial law.

     The requirements for conducting a regulatory impact analysis when introducing a new regulatory instrument and/or requiring or tightening regulation for business entities also do not apply to draft laws developed as a legislative initiative by the President of the Republic of Kazakhstan and deputies of the Parliament of the Republic of Kazakhstan, as well as to the process of reviewing draft laws in the Parliament of the Republic of Kazakhstan. Regulatory impact analysis may be carried out on the grounds set out in this Article within the framework of the conclusion of the Government of the Republic of Kazakhstan on draft laws submitted as a legislative initiative by deputies of the Parliament of the Republic of Kazakhstan, as well as on amendments of deputies to draft laws under consideration in the Parliament of the Republic of Kazakhstan.

  12) regulation of issues in the field of industrial safety.

     4. The introduction of a new regulatory instrument and/or requirements, and stricter regulation of business entities are carried out only after approval at a meeting of the interdepartmental commission on business regulation.

     The Interdepartmental Commission on Business Regulation is an advisory body under the Government of the Republic of Kazakhstan, established to develop proposals and recommendations on improving the legislation of the Republic of Kazakhstan in the field of entrepreneurship, whose main functions are:

     1) review of the results of the regulatory impact analysis;

     2) review and approval of the annual report on the state of business regulation in the Republic of Kazakhstan;

     3) reviewing the recommendations of expert groups and making decisions on them;

     4) performing other functions in accordance with the legislation of the Republic of Kazakhstan.

     The Interdepartmental Commission on Business Regulation has the right to:

     1) interact with central executive and other government agencies and organizations;

     2) submit proposals and recommendations to the Government of the Republic of Kazakhstan on improving the legislation of the Republic of Kazakhstan in the field of entrepreneurship;

     3) invite to meetings of the interdepartmental commission on business regulation and hear representatives of government agencies and other organizations of the Republic of Kazakhstan on issues within its competence.;

     4) request and receive necessary materials from government agencies and other organizations, with the exception of information constituting commercial, banking and other legally protected secrets;

     5) to form expert groups, approve regulations on them and ensure transparency in the formation and activities of such expert groups.

     The requirements of this paragraph do not apply to draft acts of regional significance, as well as to the cases provided for in subparagraphs 3) and 4) of the second paragraph of paragraph 3 of this Article, except in cases of the introduction of a regulatory instrument and (or) requirements for stricter regulation of business entities in draft laws of the Republic of Kazakhstan.

     Acts of regional significance are understood as documents of the State Planning System in the Republic of Kazakhstan and regulatory legal acts adopted by local representative and executive bodies, including the akim of the relevant territory.

     5. The introduction of administrative and (or) criminal liability or a review of the existing administrative and (or) criminal liability of business entities in the direction of tightening, in addition to the analysis of regulatory impact, should include:

     1) the inadmissibility of the punitive nature of legal liability measures;

     2) a reasonable ratio of the size of legal liability in the case of the introduction of several types of legal liability for the same offense;

     3) specification of the requirements, the violation of which entails legal liability in the framework of the analysis of regulatory impact.

The Business Code of the Republic of Kazakhstan dated October 29, 2015

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Republic of Kazakhstan     

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