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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2015 No. 1090

About approval of the Standard regulations on advisory councils concerning private entrepreneurship

(In edition of the Order of the Government of the Republic of Kazakhstan of 30.11.2018 No. 799)

According to Item 9 of Article 64, the subitem 23) of Item 1 of article 98 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Standard regulations on advisory councils concerning private entrepreneurship.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 28, 2015 No. 1090

Standard regulations on advisory councils concerning private entrepreneurship

This Standard regulations on advisory councils concerning private entrepreneurship (further - the Provision) are developed according to the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) of October 29, 2015 and determine procedure for forming and activities of the advisory councils created under the central state, representative and local executive bodies.

Chapter 1. General provisions

1. Advisory council concerning private entrepreneurship (further – advisory council) – the advisory advisory body created under the central state, representative and local executive bodies (further – state bodies) for the organization of work on:

1) to receipt of expert opinions from accredited associations of subjects of private entrepreneurship, National chamber of entrepreneurs of the Republic of Kazakhstan (further - National chamber), the self-regulatory organizations based on obligatory membership (participation) and other non-profit organizations on projects of regulatory legal acts, drafts of international treaties of the Republic of Kazakhstan, and also international treaties which participant the Republic of Kazakhstan intends to become, infringing on interests of entrepreneurship;

2) to development of offers on enhancement of activities of state bodies for the purpose of support and protection of entrepreneurship, including to elimination of administrative barriers;

3) to development of suggestions for improvement of the legislation of the Republic of Kazakhstan infringing on interests of entrepreneurship.

2. The advisory council performs the activities according to the Constitution of the Republic of Kazakhstan, the Code, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

3. The advisory council performs the following functions:

1) considers projects of regulatory legal acts, drafts of international treaties of the Republic of Kazakhstan, and also international treaties which participant the Republic of Kazakhstan, infringing interests of entrepreneurship (further – the project) developed and provided by state bodies after their obligatory publication (distribution) in mass media including official Internet resources of state bodies, except for projects of the regulatory legal acts containing the state secrets intends to become;

2) is performed by the code of expert opinions of members of advisory council to the specified projects;

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

Chapter 2. Procedure for forming of advisory councils

4. The structure of advisory council is created of representatives of National chamber, the self-regulatory organizations based on obligatory membership (participation), the associations of subjects of private entrepreneurship and other non-profit organizations accredited according to the procedure established by the legislation and also state body.

Accredited associations of subjects of private entrepreneurship and non-profit organizations are part of advisory council under state bodies as the collective member and are effective through the representative whose power is confirmed by the power of attorney.

5. The structure of advisory council consists of the chairman, his deputy (deputies), the secretary and members of council.

The structure of advisory council affirms the decision of the head of state body.

Chapter 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 brought on meeting of advisory council;

To initiate 3):

holding meeting of advisory council on the considered projects;

inclusion in the agenda of meeting of the questions entering competence of the relevant state body;

4) to make recommendations about development of offers on enhancement of activities of state bodies for the purpose of support and protection of private entrepreneurship, including 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 which according to the decision of state body the relevant structural division is.

8. Working body of advisory council:

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

2) is sent by the notification to advisory council and National chamber on placement of the corresponding project of the regulatory legal act infringing on interests of subjects of entrepreneurship on the Internet portal of open regulatory legal acts for receipt of the expert opinion, including in case of each subsequent approval of this project with the interested state bodies, and places the project of regulatory legal act on official Internet resource of state body. *;

3) performs preparation of project materials, brought on meeting of advisory council;

4) provides preparation and signing of the protocol following the results of meeting of advisory council;

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