LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2015 No. 390-V ZRK

About self-regulation

This Law governs the public relations connected with self-regulation of subjects of business and professional activity in the Republic of Kazakhstan, determines conditions of creation and functioning of self-regulatory organizations, memberships (participation) in them and their legal status.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) personal interest - material and (or) other interest of the member (participant) of self-regulatory organization, person which is part of governing bodies of self-regulatory organization, physical person, the acting on the basis of the employment contract or the civil agreement which influences or can influence providing the rights and legitimate interests of self-regulatory organization and (or) its members (participants);

2) professional activity - the activities of physical person requiring ownership of special theoretical knowledge, the practical skills acquired as a result of special preparation, and also work experience;

3) self-regulatory organization - the non-profit organization in the form of association (union), public association or other form of business established by the laws of the Republic of Kazakhstan based on voluntary or obligatory membership (participation) of subjects of private entrepreneurship or subjects of professional activity by the principle of community of activities, industry, types of economic activity, market of manufactured goods (works, services);

4) rules of self-regulatory organization - the document determining procedure for the organization of activities of self-regulatory organization and its members (participants);

5) the standard of self-regulatory organization - the document establishing requirements for reuse by members (participants) of self-regulatory organization of the single and obligatory principles, characteristics to their goods (works, services) and type of activity;

6) self-regulation - package of measures, provided by this Law, directed to independent regulation by physical persons and legal entities of the business or professional activity performed by them based on approval of rules and standards of self-regulatory organization, control of their observance, and also ensuring property responsibility of subjects of self-regulation;

7) conflict of interest in self-regulation - the case in case of which personal interest of members (participants), physical persons, the acting on the basis of the employment contract or the civil agreement with self-regulatory organization, influences or can influence execution of the professional (member) obligations by them and (or) involves emergence of contradiction between such personal interest and legitimate interests of self-regulatory organization which is capable to lead to damnification to legitimate interests of self-regulatory organization or threat of emergence of such contradiction;

8) authorized body in the field of self-regulation (further - authorized body) - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination concerning self-regulation;

9) subjects of self-regulation - self-regulatory organizations, members (participants) of self-regulatory organizations;

10) compensation fund - the money which is saved up from sources of forming of property of self-regulatory organization for implementation of warranty payments in cases of non-execution by self-regulatory organization, her members (participants) of obligations to consumers and other persons;

11) regulatory state agencies - the state bodies performing management in separate industry or the sphere of public administration in which it is entered or self-regulation is planned to introduction.

Article 2. Legislation of the Republic of Kazakhstan on self-regulation

1. The legislation of the Republic of Kazakhstan on self-regulation is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Types and introduction of self-regulation

1. Self-regulation is based on voluntary or obligatory membership (participation).

2. The self-regulation based on voluntary membership (participation) is effective along with state regulation in spheres of business or professional activity, establishing requirements to subjects of self-regulation and their activities above the requirements established by the legislation of the Republic of Kazakhstan.

3. The self-regulation based on obligatory membership (participation) in the field of business or professional activity is entered based on the laws of the Republic of Kazakhstan according to the procedure, determined by this Law, in the fields of activity integrated to realization of the state functions or need of delegation of the certain functions which are carried out by state bodies.

In case of introduction in the field of business or professional activity of the self-regulation based on obligatory membership (participation) for the self-regulatory organization based on voluntary membership (participation), created in form of business of public association, the laws of the Republic of Kazakhstan establish other form of business.

4. For introduction of the self-regulation based on obligatory membership (participation), regulatory state agency and interested persons shall prepost the procedure of the analysis of regulatory impact concerning the draft documents drafted by them according to the Entrepreneurial code of the Republic of Kazakhstan.

The purpose of the analysis of regulatory impact is increase in effectiveness and efficiency of state policy regarding use of the self-regulation based on obligatory membership (participation) through assessment of alternative approaches of regulation for achievement of particular purposes or the solution of accurately certain problems.

The analysis of regulatory impact is carried out before introduction of the self-regulation based on obligatory membership (participation).

On analysis results of regulatory impact depending on efficiency of application of the self-regulation based on obligatory membership (participation) it can be entered, cancelled or is otherwise reviewed.

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