State bodies violate the requirements of the Entrepreneurial Code
Collisions in the legislation prevent businesses from participation in rescue operations
At the National Chamber of Entrepreneurs of Kazakhstan "Atameken" was held a meeting on the issue of exclusion of the requirement of the compulsory signing of contracts with professional militarized rescue service. The meeting was held by the Director of the Department of public monitoring and working with administrative barriers of NCE RK Erbol Ustemirov. The meeting was attended by representatives of the Committee of Industrial Development and Industrial Safety of the Ministry of Investment and Development of Kazakhstan, the Committee for Emergency Situations of the Ministry of Internal Affairs of Kazakhstan, Kazakhstani Association of fire and rescue services, the Kazakhstan Fuel Association and other stakeholders. They tried to work out a proposal for the transfer of the organizations of emergency services in a competitive environment at the site of NCE.
The National Chamber of entrepreneurs continues to receive complaints about the unlawful demands of the Committee of industrial development and industrial safety of MID RK on the conclusion of agreements with professional militarized rescue service (ULE "Association of fire and rescue services of Kazakhstan", LLP "Ort Sondirushi", LLP "Atyrau Refinery").
This issue was reviewed in April of this year by the Council on combating corruption and the shadow economy of NCE "Atameken". The Council's decision to exclude from the law "On civil protection" the concept of "professional militarized emergency rescue service and formation" was supported by the Ministry for Investment and Development. However, this proposal was not supported by the Ministry of Interior. In this context, amendments to the law have not yet been made.
Also in accordance with paragraph 3 of Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan requirements laid down in the checklist are subject to inspection. The checklists in the field of industrial safety lack a such requirement, as "a contract with a professional militarized rescue service". Meanwhile, the Committee and its territorial departments in the acts on the results of checks and regulations indicate a violation - "the lack of a contract with a professional militarized rescue service".
At the same RSE "professional militarized rescue service" is an organization under the jurisdiction of the Committee of Industrial Development and Industrial Safety. Consequently, the Committee and its territorial departments, presenting requirements to the entrepreneurs, not specified in the checklist, violate the Entrepreneurial Code, moreover, are lobbying the interests of subordinate enterprises.
In this regard, NCE "Atameken" has sent a letter to the General Prosecutor's Office of the RK on the need to give a legal assessment of the actions of the Committee and its units regarding the requirements, which are not specified in the checklist, as well as to take measures of prosecutor's supervision to stop violations of the law. However, the General Prosecutor’s Office of Kazakhstan said that the work is carried out to fill gaps in the framework of the petition, which was submitted to the Government of the Republic of Kazakhstan.
According to the Association of mining enterprises, the business is able to create a good emergency rescue team, which will be cheaper and better than state structures. Such large companies as "Eurasian Group”, “ArcelorMittal Temirtau”, “KAZ Minerals”, “Kazakhmys" have already expressed their desire. However, collisions in the law hamper this process.
In addition, it was noted at the meeting that by passing the industry in the market environment, it is necessary to create appropriate conditions, since services affect the safety of people.
Summing up the meeting, Erbol Ustemirov asked colleagues from the regions before the end of the week to provide their views on the issues discussed to summarize them in a central office and to raise the issue at a higher level.
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