The causes of litigation between business and state bodies were named at "Atameken"
NCE intends to eliminate them together with the Supreme Court
According to Atameken, there are at least two possible reasons for disputes between officials and entrepreneurs. This is an ambiguous interpretation of laws and inaccurate norms in legal acts.
About this, speaking at the Forum "Improving the effectiveness of judicial protection of rights and legal interests of business", which was held in the Supreme Court of the Republic of Kazakhstan, said Deputy Chairman of the Board of NCE RK "Atameken" Rustam Zhursunov.
"In the new draft of the Tax Code, for example, about 2000 references, although we managed to remove more than 300 of them. It is a very difficult task to understand all the nuances for a medium and small business - virtually unrealistic. A comment is required, which will give detailed explanations of specific norms, legal and judicial practice is given. In Kazakhstan, for 25 years, such a comment was not developed. We can jointly solve this problem. This will become one of the most effective mechanisms for the uniform application of laws", - Rustam Zhursunov suggested.
The fear of Atameken causes an increase in the number of appeals in the courts and decisions of state bodies and officials. If in 2015 there were 14,900, then in 2016 - already 20,000, and for 9 months of this year - 15,200.
"Unfortunately, there are officials who identify state interests with the replenishment of the revenue side of the budget. We believe that the interests of business should stand in line with the interests of the budget and, by and large, be considered the interests of the state", - said Rustam Zhursunov.
Joint work with the Supreme Court will positively affect the increase of the legal literacy of entrepreneurs, the National Chamber believes and suggests to systematize the most common mistakes that businessmen allow.
"They will be put together in a special memo. For small and micro-business entities, it is planned to create a "bank of standard contracts". We have already begun work in this direction. In addition to this, we consider it is advisable to develop recommendations-a memo on legal aid issues, to launch a project to form regional "ratings of lawyers". The task of this rating is to give the possibility of the most optimal solution when choosing a lawyer to assist in the courts", - Rustam Zhursunov said.
Also, "Atameken" proposes to strengthen business protection mechanisms, to introduce in the judicial practice the presentation by the National Chamber of methodological expert opinions in the tax and customs spheres.
"If, after the appeal commission, the businessman appeals to the court, then for a comprehensive and objective consideration of the case, we propose to demand the decision of the appeal commission and a special opinion of NCE "Atameken ". It is important to take into account the position of the business community. We propose to launch such a pilot project in Astana on tax and customs disputes", - Rustam Zhursunov said.
Rustam Zhursunov paid special attention to issues of interaction with the media. He proposed to develop judicial journalism, attracting for practice lawyers. "Daily coverage of the work of the courts, drawing public attention to this topic is also one of the forms of strengthening confidence in the courts", - the deputy chairman of the National Council of the National Council resumed. Rustam Zhursunov paid special attention to issues of interaction with the media. He proposed to develop judicial journalism, attracting for practice lawyers. "Daily coverage of the work of the courts, drawing public attention to this topic is also one of the forms of strengthening confidence in the courts," the deputy chairman of the National Council of the National Council resumed.
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