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ENTREPRENEURIAL CODE OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2015 No. 375-V ZRK

(The last edition from 19-04-2019)

This Code determines the legal, economic and social conditions and guarantees providing freedom of enterprise in the Republic of Kazakhstan, governs the public relations arising in connection with interaction of subjects of entrepreneurship and the state, including state regulation and support of entrepreneurship.

Section 1. General provisions

Chapter 1. Legal basis of interaction of subjects of entrepreneurship and state

Article 1. The legislation of the Republic of Kazakhstan in the sphere of entrepreneurship

1. The legislation of the Republic of Kazakhstan in the sphere of entrepreneurship is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The commodity-money and based on equality of participants other property relations, and also the personal non-property relations connected with property are governed by the civil legislation of the Republic of Kazakhstan.

3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Code then are applied rules of the international treaty.

4. In case of identification of gaps or contradictions of the regulations of the legislation of the Republic of Kazakhstan in the sphere of entrepreneurship containing in regulatory legal acts of the Republic of Kazakhstan, to provisions of this Code provisions of this Code are applied.

5. Features of implementation of separate types of entrepreneurship are established by the laws of the Republic of Kazakhstan.

Article 2. Concept of entrepreneurship and limits of its legal regulation

1. Entrepreneurship are the independent, initiative activities of citizens, oralmans and legal entities directed to receipt of net income by use of property, production, sales of goods, performance of works, rendering services, based on the right of private property (private entrepreneurship) or on the right of economic maintaining or operational management of the state company (state entrepreneurship). Business activity is performed from name, for risk and under property responsibility of the entrepreneur.

2. Business activity can be limited only to the laws of the Republic of Kazakhstan.

3. Acceptance by state bodies of the regulatory legal acts installing privileged position separately of the taken subjects of entrepreneurship is forbidden.

Article 3. Purposes and principles of interaction of subjects of entrepreneurship and state

1. Interaction of subjects of entrepreneurship and the state is directed to creating favorable conditions for development of entrepreneurship and society, stimulation of entrepreneurial initiative in the Republic of Kazakhstan.

2. The principles of interaction of subjects of entrepreneurship and the state are:

1) legality;

2) freedom of enterprise;

3) equality of subjects of entrepreneurship;

4) security of property;

5) fair competition;

6) balance of consumer interests, subjects of entrepreneurship and state;

7) transparency of activities of state bodies and availability of information;

8) efficiency of state regulation of entrepreneurship;

9) increase in capability of subjects of entrepreneurship to independent protection of the rights and legitimate interests;

10) priority of the prevention of offense;

11) cross liability of subjects of entrepreneurship and state;

12) freedom from corruption;

13) stimulation of business activity and ensuring its protection and support;

14) support of domestic manufacturers of goods, works, services;

15) inadmissibility of illegal intervention of the state in cases of subjects of entrepreneurship;

16) participation of subjects of private entrepreneurship in rule-making;

17) stimulation of social responsibility of entrepreneurship;

18) limited participation of the state in business activity;

19) self-regulation.

Article 4. Legality

1. Subjects of entrepreneurship when implementing business activity, state bodies, officials of state bodies when implementing state regulation of entrepreneurship shall observe requirements of the Constitution of the Republic of Kazakhstan, of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The acts and decisions of state bodies contradicting the Constitution of the Republic of Kazakhstan and the regulatory legal acts of the Republic of Kazakhstan corresponding to it on content, registration and (or) procedures of their acceptance are recognized illegal and invalid from the moment of their acceptance and are subject to cancellation.

Article 5. Freedom of enterprise

1. Everyone has right to liberty of business activity, free use of the property for any legal business activity.

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