Rustam Zhursunov: we need to formalize the principle of "stability of legalisation"
This was stated by Rustam Zhursunov, Deputy Chairman of the Board of NCE RK "Atameken" during the government hour in the Senate of the Republic of Kazakhstan.
The National Chamber of Entrepreneurs "Atameken" has repeatedly analyzed the number of changes in some codes. There was 83 amendments to the Administrative Code for 4 years with the total number of more than 1,120. The Environmental Code was changed 64 times for 11 years, with about 500 amendments. Since 2008, more than 2500 amendments have been introduced to the Tax Code. At the same time, almost 460 retrospectively. On average, every year more than 200 changes were made in this code.
"Tracing this trend, "Atameken" raised the issue of the need for legislative consolidation of the principle of "stability of the legislation" over the past three years, - Rustam Zhursunov said during the speech. - This will limit the unsystematic amendment of legislative acts and provide a thoughtful approach to legislative activity."
Within the framework of the draft law on protection of property rights and strengthening of arbitration in the Majilis, amendments are made to the Administrative Code, according to which amendments can be made no more than once a year, by a special separate law.
Atameken also analyzes articles of the Code of Administrative Offenses, which does not contain clear content of the offense, but provides for a reference to subordinate regulations, in which there are a very large number of claims.
"During the analysis we found that in some formulations of administrative violations there are references to non-existent rules. We are also working to revise the articles providing for confiscation of property," - Rustam Zhursunov pointed out.
As part of the ongoing work on the humanization of Criminal Law, we proposed amendments to articles 234 of the Criminal Code "Economic Contraband" and 236 of the Criminal Code "Evasion of payment of customs duties, customs fees, taxes, special, anti-dumping, countervailing duties, penalties, interest" in order to distinguish responsibility for economic contraband and evasion from payment of duties and fees associated with inauthentic declaring.
The Board member stressed that in practice these measures would exclude the prosecution for mistakes made inadvertently in the declaration on the article "Economic contraband".
The Speaker of the Senate of the Parliament of the Republic of Kazakhstan Kassym-Zhomart Tokayev noted that the contradictions traced in the legislative work and the lack of systematic planning create a critical attitude of the society towards the activities of the Parliament and the Government.
"Atameken" pays special attention to the Environmental Code in terms of environmental damage compensation regulations. The current problem of the code is its fiscal and punitive characters. For example, it does not provide for the priority of compensation for the damage caused before its monetary compensation. Today, business does not need to prove the fact and amount of damage, as well as the causal relationship between the actions of the offender and the consequences.
"Today, only the fact of exceeding the limits/standards is established. We propose that special attention should be given to the norms on compensation of damage to the environment only in case of proving the fact of causing environmental damage," - Rustam Zhursunov suggested.
Also, since 2017 the NCE participates in the work on developing the draft law "On Natural Monopolies". As the speaker pointed out, solutions have been found that will protect consumers from the sharp rise in tariffs associated with the introduction of new methods of tariff formation and will ensure the predictability of tariffs in the long term.
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