Business Ombudsman: a real protection of business interests
The President of the Republic of Kazakhstan will be aware of the problems of entrepreneurs
The Institute of Business Ombudsman appeared in Kazakhstan for the first time. The new structure has broad powers to verify the work of the authorities in the sphere of interaction with business.
The business Ombudsman is part of the structure of NCE RK "Atameken"
In accordance with article 26-1 of the law of RK "On the National chamber of entrepreneurs of Kazakhstan", the legal status of the Commissioner for the protection of the rights of entrepreneurs of Kazakhstan is determined by the Entrepreneurial code of the RK. In this regard, its activities are ensured by the National chamber of entrepreneurs.
He is subordinated to the President of the Republic of Kazakhstan
The Commissioner for entrepreneurs ' rights shall be appointed not by the decree, by the ordinance of the Head of state, and he is accountable only to the President of the Republic of Kazakhstan.
Moreover, "no one has the right to entrust the Commissioner for the protection of the rights of entrepreneurs with the functions not provided by the Entrepreneurial Code. Any illegal interference in his activities is not allowed.
The business Ombudsman is not a civil servant and his job is not public.
Outside of politics
For the period of exercise of the powers (4 years) by the Commissioner for the protection of the rights of entrepreneurs of Kazakhstan, he shall not have the right to engage in political activity, and therefore suspends his membership in political parties and other public associations.
He reports about the violations of the rights of entrepreneurs directly to the President
One of the main functions of the business Ombudsman, in addition to presentation, protection of rights and legitimate interests of entrepreneurs, is consideration of their applications.
The Ombudsman is endowed with unprecedented powers: the right to suspend decisions of officials and to sue on behalf of the business community. In case of disagreement with the opinion of the authorities, he may submit petition to the prosecuting authorities in order to further restore the violated rights of entrepreneurs.
If the violations of entrepreneurs' rights are systemic, and the problems cannot be solved at the level of state bodies, the Ombudsman for entrepreneurs' right can make an appeal to the President of the Republic of Kazakhstan.
The main thing – is the order
Business Ombudsman, within thirty calendar days, considers the complaints of entrepreneurs, if they have not been previously considered by state bodies within their competence, as well as violations of the rights of the applicant by other private business.
Business ombudsmen in different countries
In all developed countries, which are parliamentary (e.g. Belgium, Austria, Israel, Turkey), where the Government is responsible to Parliament, the Ombudsman for the protection of the rights of citizens from illegal actions of state bodies and officials is appointed by the Parliament. In the constitutional monarchies (e.g. Denmark, Norway, Sweden, Netherlands, UK) the Ombudsman is appointed by Parliament. We note, initially, the office of the Ombudsman was established by Parliament in Sweden in 1809.
The appointment of the Ombudsman by the Prime Minister is mentioned in the draft law of Georgia. This provision has led to numerous criticisms with an indication on the deterioration of the independence of the Ombudsman in this regard. The Government in some countries appoints Ombudsman only for special issues, such as tax Ombudsman.
In presidential republics, where the government is responsible directly to the President, the Ombudsman is appointed by the President. For example, in the Russian Federation, the business Ombudsman is appointed by the President.
According to the analysis of practices of foreign countries not found examples of the appointment of ombudsmen for protection of entrepreneurs ' rights from actions of state bodies and officials of non-governmental organizations.
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