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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 24, 2012 No. 102

About approval of the Regulations on advisory councils concerning entrepreneurship under the Prosecutor General's Office of the Republic of Kazakhstan

(as amended of the Order of the Attorney-General of the Republic of Kazakhstan of 08.04.2015 No. 55)

According to the Law of the Republic of Kazakhstan "About private entrepreneurship", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", I ORDER:

1. Approve the enclosed Regulations on advisory council concerning entrepreneurship under the Prosecutor General's Office of the Republic of Kazakhstan.

2. This order becomes effective from the date of signing.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

 

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of August 24, 2012 No. 102

Regulations on advisory council concerning entrepreneurship under the Prosecutor General's Office of the Republic of Kazakhstan

The present (further - the Provision) is developed according to the Law of the Republic of Kazakhstan "About private entrepreneurship" and determines procedure for forming and activities of the advisory council created under the Prosecutor General's Office of the Republic of Kazakhstan.

1. General provisions

1. Advisory council concerning entrepreneurship (further - advisory council) the advisory advisory body created under the Prosecutor General's Office of the Republic of Kazakhstan for the organization of work on:

- to receipt of expert opinions from accredited associations of subjects of private entrepreneurship and the interested non-profit organizations on projects of the regulatory legal acts of the Prosecutor General's Office of the Republic of Kazakhstan infringing on interests of private entrepreneurship;

- to development of offers on enhancement of activities of state bodies for the purpose of support and protection of private entrepreneurship, including to elimination of administrative barriers.

2. The advisory council performs the activities according to the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About private entrepreneurship", the Law of the Republic of Kazakhstan "About Prosecutor's office", other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

3. The advisory council performs the following functions:

- considers the projects of regulatory legal acts developed and provided by the Prosecutor General's Office after their obligatory publication (distribution) in mass media including official Internet resources, except for projects of the regulatory legal acts containing the state secrets;

- performs the code of expert opinions of members of advisory council to the specified projects of regulatory legal acts;

- develops offers on enhancement of activities of state bodies for the purpose of support and protection of private entrepreneurship, including elimination of administrative barriers.

2. Procedure for forming of advisory councils

4. The structure of advisory council is created of representatives of National chamber of entrepreneurs of the Republic of Kazakhstan, the associations of the subjects of private entrepreneurship interested non-profit organizations, accredited according to the procedure, established by the legislation, and also representatives of separate structural divisions of the Prosecutor General's Office.

The national chamber of entrepreneurs of the Republic of Kazakhstan, each accredited consolidation of subjects of private entrepreneurship and the interested non-profit organization participates in structure of advisory council through the representative whose powers are confirmed with the power of attorney.

5. The structure of advisory council is created by the order of the Attorney-General of the Republic of Kazakhstan (in case of its absence replacement his face).

3. Procedure for activities of advisory councils

6. The member of advisory council can:

1) to have access to materials of advisory council;

2) to participate in discussion of the materials submitted for meeting of advisory council;

To initiate 3):

- holding meeting of advisory council on the considered projects of regulatory legal acts;

- inclusion in the agenda of meeting of the questions entering competence of the Prosecutor General's Office;

4) to make recommendations about development of offers on enhancement of activities of the Prosecutor General's Office for the purpose of support and protection of private entrepreneurship, including to elimination of administrative barriers;

5) to require holding internal meeting of advisory council.

7. Organizational technical supply carries out works of advisory council working body of advisory council - Department on supervision of legality in the social and economic sphere of the Prosecutor General's Office of the Republic of Kazakhstan.

The Prosecutor General's Office through advisory councils sends the project of the regulatory legal act infringing on interests of subjects of private entrepreneurship to National chamber of entrepreneurs of the Republic of Kazakhstan, accredited associations of subjects of private entrepreneurship, with the annex of the explanatory note for receipt of the expert opinion, including in case of each subsequent approval of this project with the interested state bodies.

The term established by the Prosecutor General's Office for submission of the expert opinion on the project of the regulatory legal act infringing on interests of subjects of private entrepreneurship cannot be less than ten working days from the moment of its receipt in National chamber of entrepreneurs of the Republic of Kazakhstan, accredited associations of subjects of private entrepreneurship.

7-1. In case of non-presentation of the expert opinion on the project of regulatory legal act in time established by the Prosecutor General's Office according to part three of Item 7 of this provision, the project of regulatory legal act it is considered approved without notes.

8.  No. 55 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 08.04.2015

9. Working body of advisory council:

- during the period between meetings of advisory council will organize its work;

- sends projects of regulatory legal acts to the National chamber of entrepreneurs of the Republic of Kazakhstan, accredited associations of subjects of private entrepreneurship interested non-profit organizations and (or) places them on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

- performs preparation of project materials of regulatory legal acts, submitted for meeting of advisory council;

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