Article 83-1. Register of mandatory requirements in the field of entrepreneurship of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 83-1. Register of mandatory requirements in the field of entrepreneurship of the Entrepreneurial Code of the Republic of Kazakhstan

1. The register of mandatory requirements in the field of entrepreneurship (hereinafter referred to as the register of requirements) is a publicly available database of regulatory acts in the context of business regulation areas.

For the purposes of this article, regulatory acts are understood to mean existing regulatory legal acts, as well as other documents containing, in accordance with the legislation of the Republic of Kazakhstan, requirements that are mandatory for business entities.

The Register of Requirements solves the following tasks:

1) ensuring compliance of the requirements with the conditions of their formation provided for by this Code and the principles of interaction between business entities and the state;

2) ensuring that business entities are informed about an exhaustive list of requirements that are mandatory for their activities.

2. The register of requirements includes regulatory acts containing requirements that are mandatory for business entities in the relevant regulatory areas, with the exception of international treaties of the Republic of Kazakhstan.

Regulatory acts are included in the register of requirements for subsequent analysis to assess their effectiveness, including achieving the stated goals of state regulation and compliance with the conditions for the formation of mandatory requirements provided for in this Code and the principles of interaction between business entities and the state.

The spheres of business regulation in which regulatory acts are subject to inclusion in the register of requirements are determined by the Government of the Republic of Kazakhstan on the basis of recommendations of the interdepartmental commission on business regulation.

3. Regulatory acts are included in the register of requirements upon submission of regulatory state bodies that apply them in regulating entrepreneurial activity, in accordance with the rules for maintaining the register of mandatory requirements in the field of entrepreneurship.

In the submission, the regulatory state bodies determine, in agreement with the authorized business body, the timing of the subsequent analysis of regulatory acts.

4. The analysis of regulatory acts is carried out in accordance with the rules for conducting and using the analysis of the regulatory impact of regulatory instruments and (or) requirements.

5. Regulatory acts are included in the register of requirements as follows:

1) laws of the Republic of Kazakhstan – article by article;

2) other regulatory legal acts of the Republic of Kazakhstan and other documents – by the names of these acts or documents, indicating their details.

6. If the regulatory state body has not carried out an analysis of the regulatory act in a timely manner, this act is excluded from the register of requirements.

In order to prevent entrepreneurs from being held accountable for violating requirements that do not comply with Article 81-1 of this Code, the regulatory state body must repeal (invalidate) or amend and/or supplement regulatory acts if they are absent and/or excluded from the register of requirements.:

1) within six months from the date of exclusion from the register of claims or the discovery of the fact that there are no requirements in the register – according to the requirements provided for by the legislative acts of the Republic of Kazakhstan;

2) within three months from the date of exclusion from the register of claims or the discovery of the fact that there are no requirements in the register – according to other regulatory legal acts and documents.

In case of violation of the deadlines provided for in subparagraphs 1) and 2) of part two of this paragraph, non-compliance by business entities with the requirements of relevant regulatory acts may not be grounds for bringing them to administrative responsibility.

7. When forming and maintaining the register of requirements, the authorized business body ensures confirmation of compliance with a regulatory legal act or other document containing mandatory requirements in accordance with the legislation of the Republic of Kazakhstan, a draft regulatory legal act of the Republic of Kazakhstan, a draft document of the State Planning System of the Republic of Kazakhstan or a draft other document containing mandatory requirements in accordance with the legislation of the Republic of Kazakhstan., the requirements of Articles 9, 11, 80, 81-1 and 82 of this Code.

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