Business supports fair judgement!
Changes in legislation and not only
In Almaty was held a round table on the theme: "Improving the civil procedural legislation to improve the business environment".
For the judicial system to collaborate with the business, the National Chamber of Entrepreneurs of Kazakhstan "Atameken" and the Supreme Court of the Republic of Kazakhstan held a great job. As a result – the changes were introduced in legislation. Today, representatives of the Supreme Court and NCE "Atameken" discussed with Almaty lawyers innovations in the Civil Procedure Code. The conference was attended by the chairman of the specialized judicial collegium of the Supreme Court Aigul Kydyrbaeva, Deputy Chairman of NCE "Atameken" Rustam Zhursunov, a member of the International Council of the Supreme Court, Chairman of the Managing Board of the Association of Commercial Lawyers of Kazakhstan "Kazakhstan Bar Association” Aigul Kenzhebayeva and lawyers of private companies .
According to Deputy Chairman of the Board of NCE RK Rustam Zhursunova, approaches to regulation of entrepreneurship, for support of business activity, reduction of corruption risks are being radically revised now.
"Over the last three years, we carried out a very serious joint work to reduce all kinds of licenses and solutions. Before that period, the number of such decisions was 1115, following the results of carried out work it was reduced to 316. At the same time the planned inspections were canceled. We switched to the risk management system, which has reduced the audits almost by half. Together, we have managed to reduce the number of requirements of supervisory authorities. The checklist of sanitary epidemiological service decreased by 82%, the one of the Department of Emergency Situations by 70%. And this work continues. It is necessary to reduce the number of regulatory bodies themselves. The work of state bodies must enforce preventive rather than punitive approach. We propose to introduce KPI indicator for government agencies, as they are customer-oriented. Their work should be evaluated both by the business and civil society", - said Deputy Chairman of "Atameken".
Businessmen said that the judges do not always adhere to the principle of uniformity of judicial practice. Different rulings are being issued for different companies in the similar cases. Representatives of the Supreme Court assured the businessmen that there are less such cases with the appearance of the service "The New Bank of judicial decisions". It works in a pilot mode now. The search service provides decisions (sentences) that have been ruled out by the courts of first instance and an appeal court in 2016. The Supreme Court assured that in the future court decisions ruled out in 2015, including the legal acts of the Supreme Court will be available for search.
Secretary General of the Center for arbitration and arbitration proceedings of NCE RK "Atameken" Askar Kaldybaev noted that in case of an ideal legislation, courts will apply not entirely correctly, the whole effect will go nowhere. "Today there are a lot of arbitrations, but not all treat their functions with good faith. For example, violations of the laws and ethical standards are allowed. Some arbitration, manage to make more than three thousand decisions a year. They are just conveyors. On 27th of February this year, changes were made in the "Arbitration Act", in which the norm of the possibility of rejection of arbitration agreements was deleted. This was the main criticized provision of the law. We must strive to ensure that more investors come to us so that entrepreneurs are satisfied with the resolution of disputes", - shared Askar Kaldybaev.
Representatives of the Supreme Court spoke about a number of innovations in their work. Video cameras were installed in all courtrooms. And now, the progress of the process can be observed in real time.
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