Why do we need self-regulatory organizations?
NCE RK "Atameken" initiated a trip of domestic entrepreneurs to Moscow to participate in a master class of the business school of the Russian Union of Industrialists and Entrepreneurs
Vice President of RUIE, co-chairman of the Council of RUIE on the development of self-regulation Viktor Pleskachevsky conducted for Kazakhstani entrepreneurs a uniquely designed course on self-regulation as a legal phenomenon in transition economies.
First of all, representatives of associations of different industries went to the master class, those who plan soon to introduce self-regulation in the auditing and evaluation activities, the construction industry, insurance services, engineering, legal services.
The event was organized with the aim of a joint search for arguments aimed at improving legislation in the sphere of self-regulation as a new institution of law, ensuring the balance of interests of businesses, consumers, governments and society as a whole.
"The trip coincided with the date of signing of the law "On self-regulation" by the head of state that regulates the basic provisions of the system of self-regulation in Kazakhstan, the creation and operation of self-regulatory organizations in our country. The thorough study of the experience of the Russian Federation has shown that the basic provisions laid down by us in the law "On the self-regulation" will ensure the proper framework of a new institution. So, we have clearly defined the features of self-regulatory organizations in the legislation, allowing them to be distinguished from other non-profit organizations, while the Russian Federation is only now making changes to its legislation on the establishment of common features", - said the head of the Kazakh delegation, the expert of the National Chamber of Entrepreneurs Aizhan Bizhanova.
According to her, the Kazakh law provides for property liability through different mechanisms at the discretion of the consolidated society, it can be insurance of civil liability or a compensation fund, or through a mutual insurance society, while in Russia the existence of a compensation fund is compulsory, in connection with this the self-regulatory organizations in Russia in most cases are built on two - three instruments of liability, which is a serious burden for entrepreneurs (e.g., in evaluation activities, along with a requirement for the formation of a compensation fund, there was introduced separate insurance of individuals and insurance of legal entities).
"At the same time, the prevailing practice of functioning of self-regulatory organizations in Russia, revealed the existing problem areas of corporate governance, in the area of protection of the rights and interests of members of the SRO, their consumers and third parties, control of such kind of associations and other things that we have yet to decide within sectoral laws. This seminar allowed to get familiar with the precedents of challenging the regulatory legal acts of the ministries of the Russian Federation in Supreme Court of the Russian Federation, contrary to the law of the Russian Federation, in the interests of a particular industry. During the tour to one of the SRO, we got acquainted with the work of modern information systems that enable effective remote monitoring of performance standards for its members, which is very important for us",- said Aizhan Bizhanova.
In the near future on the basis of NCE will be formed industry groups, with the participation of representatives of state bodies and NCE will continue to improve domestic legislation in the field of self-regulation for specific industries.
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