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What work is performed by "Atameken" on improving legislation?

- City of Almaty
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This was stated by Rustam Zhursunov, Deputy Chairman of the Board of the NCE RK "Atameken" during the Kazakhstani Legal Forum in Almaty.

One of the main tasks of "Atameken" is to create favorable legal conditions for the implementation of the entrepreneurial initiative in Kazakhstan. For this, active work is carried out and a number of initiatives are proposed.

"Since 2015 "Atameken" raises the issue of the need to develop the Town Planning Code. Adoption of such an act will eliminate the variety of subordinate regulation, reference and blanket norms, ambiguous interpretations," - Rustam Zhursunov noted.

Research is being carried out in the field of architecture, urban development and construction aimed at identifying the feasibility of drafting the Town Planning Code, including the study of international experience.

Another initiative of "Atameken" was the issue of distribution of income in LLP not only by the end of the year, but also by the quarter, half-year. As the speaker pointed out, the experience of neighboring countries with a similar to the legal system of the Republic of Kazakhstan regarding the distribution of the net income of legal entities was carefully studied.

"The National Chamber initiated amendments that allow participants to make decisions about the distribution of net income not only by the results of the year, but also by the quarter, half-year. The proposal of the NCE was unanimously supported by both the Government and deputies of the lower chamber of the Parliament," - Rustam Zhursunov said.

The Deputy Chairman of the Board also commented on a new draft of the Environmental Code of the Republic of Kazakhstan.

"One of the problems of the current Environmental Code is its fiscal and punitive nature. The Code does not provide for the priority of compensation for the damage caused before its monetary compensation, and there is also no need to prove both the fact and the extent of damage to the environment, and the causal relationship between the actions of the offender and the consequences that have occurred. Only the fact of exceeding the limits is established, - explains the Member of the Board. - In this regard, "Atameken" believes that in the new code, special attention should be given to the norms for compensation of environmental damage only in case of proving the fact of causing environmental damage, and also whether it was a consequence of the action/inaction of the alleged "polluter" and the establishment of his contribution to the total amount of damage caused."

Further, the speaker commented on the agreement on the Customs Code of the Eurasian Economic Union and the Code "On Customs Regulation in the Republic of Kazakhstan" that came into force on January 1, 2018.

"Over 500 amendments made by "Atameken" have been included in the Customs Code of the Republic of Kazakhstan. The main achievements in the new customs legislation for large business entities are the ability to file a customs declaration without submitting to the customs authority the documents on the basis of which it is filled, the conditional release period for subsoil users has been reduced, and with the entry into force of the new Code all subsoil user goods imported before 2010 are released from control. It is also possible to release goods before filing (before customs declaration) in the framework of investment contracts," - Rustam Zhursunov said.

Further, Rustam Zhursunov spoke about the ongoing work on issuing expert opinions on the concept of draft laws and drafts of all regulatory legal acts affecting the interests of entrepreneurship.

"Since the establishment of "Atameken", we have issued more than 23,833 expert opinions on drafts of the regulatory acts, including 556 on bills and 93 on concepts (from April 2016). During five years of activity, the NCE managed to move from the regime of issuing remarks to the joint study of projects, so to "from the beginning of the life cycle", as who should say. Due to this, the percentage of business proposals taken into consideration increased significantly from 30% in 2015 to 73% in 2017," - the Deputy Chairman of the NCE Board noted.

According to Rustam Zhursunov, the National Chamber annually carries out large-scale work on essential improvement of the business environment by developing legislative measures.

During the years of such work, Atameken managed to achieve a reduction of 800 permits. According to the results of work in this direction, the annual decrease in financial losses of business amounted to 4 billion tenge. In addition, the NCE together with the MES of the RK carried out a lot of work to deregulate the business, preventive control was introduced, the inspection time was shortened to 15 working days, to 10 for unscheduled inspections. Also, requirements for verification of business entities were reduced by 58%.

"In accordance with the instruction of the Head of State, active work is being done to prepare the seventh package of amendments aimed at improving the regulation of entrepreneurial activity. The National Chamber of Entrepreneurs formed a table of 80 amendments to the legislative acts, these are 5 codes and 10 laws of the Republic of Kazakhstan. So, for example, our proposals include amendments to the legislation on construction, land relations, the laws "On Joint Stock Companies", "On Partnerships with Limited and Additional Liability" and "On Arbitration", - Rustam Zhursunov summed up.


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