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PROBLEMS OF SELF-REGULATION HAVE BEEN CONSIDERED BY THE COMMITTEE

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The experience of self-regulation of appraisers and lawyers was discussed at the meeting of the Committee of the Presidium of the NCE RK "Atameken".

Opening the meeting, the Chairman of the Committee for the Development of Self-Regulation of the Presidium of the NCE RK "Atameken" Ulan Bayzhanov offered to consider the experience of mandatory self-regulation in the valuation activities and activities of legal advisers.

“The law on self-regulation was enacted in 2016. The pioneers in the path of compulsory self-regulation were the sphere of professional activity of legal consultants and appraisers. If we talk about appraisal activity, then over the past two years progress has been noticeable, in particular, the powers of appraisers have been expanded, and state licenses have been abolished. However, we must admit that there are still a lot of problems,” - Ulan Bayzhanov said.

At the meeting, the representatives of Chambers of Appraisers spoke on the current situation on the conduct of self-regulation in the field of appraisal activities and on the problems of implementing the legislation on self-regulation.

The Chairman of the Committee recalled that the National Chamber is a dialogue platform that a business can use to solve its workshop problems.

“We have the opportunity to gather at the "Atameken" site, to invite all interested representatives of the industry to study problematic issues. Today, the National Chamber, as an established civil society institution, can build a constructive dialogue with state bodies,” - Ulan Bayzhanov said.

According to the conviction of Alexander Kalinin, a member of the Board of the Center of Appraisers of Kazakhstan “Bagalau Qazaqstan” SRO, the problems the industry has encountered are connected with the division of the assessment community into several self-regulating organizations.

“Today, by law, we must give a consolidated opinion on the creation of standards. We must write and discuss problematic issues together,” - Alexander Kalinin said.

Today in Kazakhstan there are officially four chambers of appraisers, each of which brings together at least 300 appraisers - individuals.

Maria Barnayeva, Chairman of the Council of the "Self-Regulatory Organization Chamber of Professional Independent Appraisers", opposed full unification. Organizations have not yet strengthened and have not gained experience, the chairman of the board considers.

The Deputy Chairman of the Board of the NCE RK "Atameken" Rustam Zhursunov noted the need for consolidation.

“Are you ready to unite? This does not mean that you should become one chamber; you should have a common opinion on the issues of creating standards and organizing the top arbitration for resolving disputable situations. Solving these issues with four opinions is difficult. We, from the side of the NCE, are ready to give organizational and methodological recommendations on how to work further,” - Rustam Zhursunov voiced.

In turn, the assessment community did not oppose consolidation to address issues of standardization, methodology and further improvement of the institution of self-regulation.

The meeting raised issues of the participation of legal entities in professional appraisal activities, standardization of appraisal based on international standards, the relevance of registers of appraisers, as well as taxation in the field of appraisal activities.

“It is necessary to bring the taxation regime of professional activity of appraisers into a separate tax regime for professionals,” - Rustam Zhursunov noted.

Following the discussion, stakeholders were recommended to analyze the norms of current legislation on appraisal activities and legal aid, and also to work out and submit proposals to the NCE for amending current legislation.

Also after the analysis of the proposals, the responsible structural unit of the National Chamber has been instructed to send proposals to the Ministries of the National Economy and Finance of the Republic of Kazakhstan on solving the existing problems in the field of valuation activities.

In addition, during the meeting, issues of transition of lawyers to the SRO system were raised. The executive director of the “The Board of Commercial Lawyers of KazakhstanBarAssociation” NGO, Aygerim Koyshibayeva, reported on the implementation of the legislation on self-regulation.

At the same time, the Chairman of the Committee, Ulan Bayzhanov, drew attention to the feedback from entrepreneurs and the professional community on the issue of self-regulation.

“We plan to hold a meeting of the Committee on a regular basis. Now we are waiting for proposals from the members of the Committee and all interested subjects on improving the institution of self-regulation.”

He stressed that the Committee, after studying and analyzing all the reasons hindering the development of self-regulation, will bring the information to the relevant state bodies.

“We can invite all interested representatives of the industry to study problematic issues. After that, we will inform about the constraints of the development of self-regulation to state bodies,” - Ulan Bayzhanov summed up.

Note that representatives of self-regulating organizations of appraisers, lift services, Kazakhstan registry, environmental and energy auditors and associations of tax consultants, expert organizations, commercial lawyers and auditors took part in the work of the Committee.


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