Entrepreneurs to be exempted from administrative liability for non-compliance with outdated requirements — Ministry of National Economy of Kazakhstan

At the Government session, chaired by Prime Minister Alikhan Smailov, the progress of the "from scratch" business regulation was considered. The Minister of National Economy Alibek Kuantyrov and Raimbek Batalov, Chairman of the Presidium of Atameken National Chamber of Entrepreneurship, reported on the subject. 

According to Kuantyrov, so far all 44 regulatory spheres have been reviewed, in which 2,823 legal acts were analyzed and 128,119 requirements were revealed, of which 10,108 or 8% do not meet the basic conditions of the new regulatory policy. 

"Since last year, the regulatory authorities have been actively working on the removal and revision of requirements in the bylaws. We plan to complete this work in the period of 1-2 quarters of this year. About 66 pieces of legislation have been tentatively identified," the Minister of National Economy said.  

In order to organize the work properly, we suggested the approach tested last year: the working groups work out amendments for each sphere of regulation and submit them to the Ministry for consideration. Presently, the Ministry has already received amendments in 15 spheres to form a single pool. 17 spheres are left. 

According to the minister, after the drafting and coordination, the single pool of amendments is to be included in the draft law on doing business. In this regard, state agencies need to promptly work with the members of the Working Group on their amendments to the codes/laws and submit them to the Ministry for consolidation by the end of this week, as well as ensure that the amendments are made to the bylaws under the competence. 

It is worth noting that the Registry of mandatory business requirements is based on the Digital Government Support Centre and launched on the Smart Data platform Ukimet. The Registry is a compulsory mechanism to ensure that regulatory acts are reviewed on an ongoing basis, which will allow the application of the "regulatory guillotine" method for requirements that negatively affect the business environment. A special feature of the Register is the exemption of entrepreneurs from administrative liability for violations of requirements excluded from the Register and not withdrawn in time. 

"In 2022 a list of regulatory acts prepared by state bodies is included in the Register. Now state bodies are working on their re-checking. Besides, work on improvement of technical functionality of the Register will be continued jointly with the Ministry of Digital Development, Innovations and Aerospace Industry, state bodies and NCE," Kuantyrov informed.  

In 2022, 35 spheres of state control were automated and 16 information systems were integrated into Smart Data Ukimet. Currently there is technical work for collection of 29 indicators of RMS data in existing information systems of state bodies. Automation of the remaining 35 control areas is planned for 2023. In this regard, for full operation of the automated system of RMS on the basis of Smart Data Ukimet, state agencies are required to fill it with their indicators from the supervised information systems. 

In turn, Raimbek Batalov, chairman of the presidium of Atameken, said that the Chamber in cooperation with the Ministry of National Economy took the most active part in the work. Thus developed: 

  • drafts of NLAs required to implement the new approaches (procedures for the formation and maintenance of the Registry, conducting an annual audit, conducting a risk management assessment as part of state control and oversight);
  • the next package of legislative amendments to improve the business environment;
  • guidance materials for the revision of requirements. 

"Our experts worked on an ongoing basis to train and advise civil servants and business experts involved in the revision. More than 100 experts from the business community were involved. During the year, wide-ranging media work was organised to cover the basics of the new regulatory policy among business and the public. More than 1,200 posts on the subject were published in the media and on social networks. A permanent tab has been created on our website, where all information about the reform is posted in the form of infographics," Batalov said.  

The Head of Presidium stressed that there were "slippages" at the very beginning. 

"There was no clear understanding of the essence of the work and the importance of the reform by state bodies. Also, industry business associations were often passive and little involved in the work and did not always understand the work being done," he said.  

Now the next stage of the state agencies' work has already begun. This is the introduction of amendments and additions to industry-specific legislative and regulatory acts. 

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