ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2022 No. 1131

About approval of Rules of maintaining the register of mandatory requirements in the field of entrepreneurship

According to subitem 1-2) of Item 1 of article 84 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of maintaining the register of mandatory requirements in the field of entrepreneurship.

2. This resolution becomes effective since January 1, 2023 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2022 No. 1131

Rules of maintaining the register of mandatory requirements in the field of entrepreneurship

Chapter 1. General provisions

1. These rules of maintaining the register of mandatory requirements in the field of entrepreneurship (further – Rules) are developed according to subitem 1-2) of item 4 of article 84 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for maintaining the register of mandatory requirements in the field of entrepreneurship.

2. In these rules the following basic concepts are used:

1) the register of mandatory requirements in the field of entrepreneurship (further – the register) – the public database of regulatory acts by spheres of regulation of business activity;

2) single system of legal information – system of centralized access to reference control bank of regulatory legal acts of the Republic of Kazakhstan and the systematized database of regulatory legal acts of the Republic of Kazakhstan;

3) the regulatory act – the operating regulatory legal act, and also other document containing according to the legislation of the Republic of Kazakhstan the requirements obligatory for execution by subjects of entrepreneurship;

4) regulatory state agencies – the state bodies performing management in separate industry or the sphere in which state regulation of entrepreneurship is performed;

5) the automated register workplace (further – automated workplace) – the appendix intended for management of settings and content which are placed in the register, and provided by operator of information and communication infrastructure "electronic government";

6) operator of information and communication infrastructure "electronic government" (further – the operator) – the legal entity determined by the Government of the Republic of Kazakhstan to which ensuring functioning of the information and communication infrastructure assigned to it "the electronic government" is assigned.

3. The register is created and kept in the automated mode by authorized body on entrepreneurship in form according to appendix to these rules.

Chapter 2. Procedure for maintaining the register of mandatory requirements in the field of entrepreneurship

4. Regulatory acts join in the register as follows:

1) the laws of the Republic of Kazakhstan – item by item;

2) other regulatory legal acts of the Republic of Kazakhstan and other documents – according to names of these acts or documents with indication of their details.

5. The register joins regulatory acts for the subsequent carrying out the analysis regarding assessment of their efficiency, including achievement of stated purposes of state regulation and compliance to the conditions of forming of mandatory requirements provided by the Entrepreneurial code of the Republic of Kazakhstan and to the principles of interaction of subjects of entrepreneurship and the state.

Regulatory acts after acceptance and their official publication, and also placement them on official Internet resource of regulatory state agency within ten working days go in form, according to appendix to these rules, to the register for inclusion by means of automated workplace by the staff of regulatory state agencies which are determined by state bodies independently.

Access to automated workplace to the staff of regulatory state agencies is provided by the operator based on their requests.

6. In case of the direction of regulatory acts in the register are specified by regulatory state agency:

1) the sphere of regulation of business activity according to Sections of the General qualifier of types of economic activity (further – OKED);

2) the offered terms of carrying out the analysis of the regulatory act (further – ARA).

Terms of carrying out ARA are specified in format month and year in which to the first following for specified month, procedures of carrying out ARA come to the end and the subsequent term of its carrying out is determined.

Terms of carrying out ARA shall not exceed three years for legal acts and two years for other regulatory legal acts and other documents from the date of adoption of the regulatory act or from the date of completion of the ARA previous procedure;

3) hyperlink to the regulatory act placed in single system of legal information.

The hyperlink to regulatory legal acts is specified from reference control bank, hyperlink to other documents – from official Internet resource of regulatory state agency.

7. Directed regulatory acts in the automated mode undergo testing in the register regarding compliance to these rules, and also completeness and reliability of filling of obligatory fields of the register and representation.

In case of compliance of regulatory acts to the requirements established by part one of this Item, regulatory acts join in the register.

8. Regulatory state agencies carry out by ARA according to the Rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements approved according to the subitem 7) of Item 2 of article 85 of the Code to the terms provided by the register (further – Rules of carrying out ARV).

9. Regulatory state agencies by means of the register provide control of terms of carrying out ARA.

In six months before the term of carrying out ARA the notification about need of holding the ARA procedure goes to automated workplace to the staff of regulatory state agencies determined according to these rules.

10. In case of untimely carrying out by regulatory state agency ARA concerning the relevant regulatory act the status is specified "is excluded".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info