Why you shouldn’t sell the cake piece by piece?
According to Deputy Chairman of NCE Rustam Zhursunov, most Sanitary rules are remnants of the Soviet era
Rustam Zhursunov talked about what kind of work the National Chamber of Entrepreneurs of Kazakhstan "Atameken" carries out on reduction of business inspections of state bodies.
- Rustam Manarbekovich, there are already concrete results of the work of NCE on reduction of pressure on business on the part of state bodies?
- If we compare the first 9 months of 2013 and the same period this year, the number of inspections on average decreased by 45%: in 2013 - 139 thousand inspections, in 2016 - 76. This is a significant reduction in the pressure on the business.
Previously, as you may recall, were scheduled, unscheduled, thematic inspections, there were so many of them. We agree with the state that we need to understand the risk profile of an entrepreneur. If there are appeals and complaints of consumers, respectively, the risk profile is high, and then it is necessary to conduct an inspection.
- How does the National Chamber of entrepreneurs build work on reduction of inspections of state agencies? On what areas do they focus?
- This year, moving further, we have reformatted our work. At in what form? Inspection - is a process that responds to the question "How?". We started to look at the substantive part: "What?" - at the requirements that are checked. After all, today in Kazakhstan, I can say with confidence, no one knows the number of such claims. We started to carry out the analysis and counted 28 thousand requirements. We went ahead and reviewed the requirements themselves. At the start NCE, based on the list of systemic problems, focused on two areas: the sanitary and epidemiological surveillance and fire requirements. "In our country there are 63 sanitary rules, most of which are antagonisms of Soviet times. For example, according to sanitary rules, it is prohibited to sell cakes in pieces. According to these requirements while cooking an egg, you must break it only with metal knives. If you have a lighting device, it must be in a protective metal grid. And there are many comic examples. Out of 63 sanitary rules, we analyzed 19, we counted in them 4562 requirements. In our opinion, it is necessary to exclude 3663 requirements, or 79-80%.
- What about security issues?
- Undoubtedly, state requirements must be based exclusively on security issues. However, the issues of quality and process - is an internal control of the entrepreneur or control by self-regulatory organizations - the same Michelin stars. After all, it's a competition.
Thus, this year the "Atameken" started this work. The following year, NCE together with prosecutor’s office, the Ministry of National Economy will continue it. A lot of work on technical standards and safety has to be carried out.
- Rustam Manarbekovich, tell us about the new system of inspections when there is a transition from subjects to objects?
- On the one hand, this allows to focus, but on the other hand, a business entity may have multiple objects. As an example, I wanted to bring Kazakh Agro Technical University - it has 8 buildings. Accordingly, 8 inspections were carried out and it was brought to administrative responsibility 8 times. Now we are finalizing with prosecutors this technique, we say that it is necessary to focus on subjects.
- Within the framework of the draft law "On amendments and additions to some legislative acts concerning the elimination of administrative barriers", NCE proposes to introduce the institution of pre-trial settlement in the area of environmental and sanitary-epidemiological control. Also, under the new legislation appeals of taxpayers will considered by the Ministry of Finance. What will these amendments give?
- Any dispute of an entrepreneur with the state – is a stress. We do not want to sue the state. Therefore, only few disputes should reach the court. Entrepreneurs are not satisfied with the current situation, because the state body comes, checks your pre-trial appeal. Thus, there is a conflict of interests. The scheme does not work. Therefore, we say that: a) we have to solve a conflict of interests; b) the public should be involved.
Accordingly, "Atameken" has made a proposal, and the Government supported it, in terms of organization of appeals committees on tax and customs disputes, for disputes related to environmental control and sanitary-epidemiological disputes. Tax and customs disputes are included in the draft law "On amendments and additions to the Tax and Customs Codes". We expect that this rule will work from 1st of July next year. At the Ministry of Finance will be established the appeal commission, it will include representatives of the National Chamber. Now we are holding talks with the Ministry of Finance that at least 30% of the seats in this commission are given to NCE, as well as industry associations.
Look, according to our data, about 500 complaints on tax matters were submitted to the Ministry of Finance. It is about 40 complaints a month. We understand that working body will be the State Revenue Committee. After the complaints are received, the State Revenue Committee presents complaint to all members. NCE has a specialized department, which studies all materials. Then we form our stance. Then it is going to the Appeals Commission, where there is a discussion. Taxpayers are invited as well. Only after that the decision is taken. Naturally, it will be taken by majority vote. But even if the majority is against it, then NCE will have the opportunity to express in writing its dissenting opinion, which will be attached to the minutes of the commission.
Moreover, we have laid in the bosom of the bill an opportunity to review the draft law. What prevents us from signing the inspection report and run the whole mechanism? All the questions need to be removed prior to the signing. And we say that the draft act must first be shown to the taxpayers, they should study it. After that, he goes to the service of the Internal Control and Internal Control assesses the quality of the audit, then the act is signed. You will find that there will be fewer complaints. In our opinion, the number of disputes should sharply reduce.