Article 83. Analysis of the regulatory impact of the Entrepreneurial Code of the Republic of Kazakhstan

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1. Regulatory impact analysis is an analytical procedure for comparing the benefits and costs of an introduced regulatory instrument and/or a requirement for stricter regulation, which makes it possible to assess the achievement of government regulatory objectives in the future.

The purpose of regulatory impact analysis is to increase the effectiveness and efficiency of government policy in terms of using specific regulatory tools and/or requirements, tightening regulation through the assessment of alternative regulatory approaches to achieve certain goals or solve clearly defined problems.

When analyzing the regulatory impact, an assessment is made of the impact of the introduced regulatory instrument and (or) requirements, stricter regulation on the state of the competitive environment.

The rules for assessing the impact on competition are approved by the antimonopoly authority.

2. Regulatory impact analysis is carried out before and after the introduction of a regulatory instrument and (or) requirements, stricter regulation, including for existing regulatory instruments and (or) requirements for which no regulatory impact analysis has previously been conducted.

The analysis of the regulatory impact of the introduced regulatory instruments and (or) requirements, stricter regulation, as well as existing regulatory instruments and (or) requirements, stricter regulation is carried out in accordance with the revision plans approved by the regulatory authorities annually, including taking into account the reasoned proposals of the authorized body for Entrepreneurship, the National Chamber.

With respect to the documents specified in subparagraph 6) of paragraph 2 of Article 80 of this Code, the revision plan is approved annually by the local executive body of the region, the city of republican significance, the capital, including taking into account the reasoned proposals of the regional chamber of entrepreneurs.

Information on non-fulfillment by government agencies of plans to review existing regulatory instruments and/or requirements, and to tighten regulation is submitted for consideration by the interdepartmental commission on business regulation.

2-1. A regulatory instrument and (or) a requirement to tighten regulation in relation to business entities may be canceled or revised based on proposals from the authorized business body made following consideration of proposals from the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan.

In the case provided for in the first part of this paragraph, government agencies must first conduct a regulatory impact analysis procedure in accordance with this article.

3. Based on the results of the regulatory impact analysis, depending on the effectiveness of the regulatory instrument, the regulatory instrument may be abolished or otherwise revised.

The regulatory instrument is subject to cancellation in case of failure to achieve the goals of state regulation of entrepreneurial activity, stated at its introduction.

4. The regulatory impact analysis is carried out by state bodies in relation to draft documents provided for in paragraph 2 of Article 80 of this Code, as well as by the authorized body for entrepreneurship, the National Chamber and other interested parties in accordance with the procedure determined by the authorized body for entrepreneurship.

At the same time, regulatory impact analysis is carried out by regulatory state bodies, with the exception of acts of regional significance, in respect of which regulatory impact analysis is carried out by their developers.

5. Conducting a regulatory impact analysis is a prerequisite for the introduction of a new regulatory instrument and/or requirements for stricter regulation.

6. Authorized Body for Entrepreneurship:

1) reviews the results of the regulatory impact analysis and provides an opinion on compliance by the regulatory authorities, the National Chamber and other interested parties with the established procedures, with the exception of draft acts of regional significance;

2) in case of disagreement with the conclusions of the regulatory impact analysis, conducts an alternative regulatory impact analysis.

3) when forming and maintaining the register of mandatory requirements in the field of entrepreneurship, it 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 in the Republic of Kazakhstan or a draft other document containing mandatory requirements in accordance with the legislation of the Republic of Kazakhstan. requirements that comply with the requirements of Articles 9, 11, 80, 81-1 and 82 of this Code. - Excluded by the Law of the Republic of Kazakhstan dated July 17, 2025 No. 213-VIII SAM

7. The local executive body of the region, the city of republican significance, the capital, which carries out management in the field of entrepreneurship:

1) reviews the results of the regulatory impact analysis and provides an opinion on compliance by the developers of draft acts of regional significance, the regional chamber and other interested parties with the established procedures;

2) in case of disagreement with the conclusions of the regulatory impact analysis, conducts an alternative regulatory impact analysis.

The results of the regulatory impact analysis are submitted for consideration by the consultative and advisory body under the akimat of the region, the city of republican significance, the capital on interdepartmental issues formed in accordance with the Law of the Republic of Kazakhstan "On Local Government and Self-Government in the Republic of Kazakhstan", the approval of which is a prerequisite for the introduction of a new regulatory instrument and (or) requirements, stricter regulation.

8. The results of the regulatory impact analysis and alternative regulatory impact analysis are posted on publicly available Internet resources.

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