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The document ceased to be valid since  July 31, 2023 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of July 17, 2023 No. 603

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 entrepreneurship

(as amended on 09-11-2022)

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 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 entrepreneurship

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

Chapter 1. General provisions

1. Advisory council is the advisory advisory body created under the central state and local executive bodies for the organization of work on:

1) to development of suggestions for improvement of activities of state bodies for the purpose of support and protection of entrepreneurship, including elimination of administrative barriers;

2) to development of suggestions for improvement of the legislation of the Republic of Kazakhstan infringing on interests of entrepreneurship;

3) to receipt of expert opinions from members of advisory councils 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. 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 entrepreneurship, including elimination of administrative barriers, permission of problematic issues of the entrepreneurs requiring the solution at the regional level, enhancement of methods and mechanisms of protection of entrepreneurship;

4) promotes improvement of the business and investment climate, and also recovery of the violated rights of subjects of entrepreneurship in the supervised industry (sphere) or the region.

Chapter 2. Procedure for forming of advisory councils

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

At the same time the structure of the advisory council created under local executive bodies joins representatives of law enforcement agencies.

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 advisory council created under local executive bodies is headed by the akim of area, city of republican value, the capital.

The structure of the advisory council created under the central state bodies affirms the decision of the head of state body, and under local executive bodies – the decision of the akim of area, city of republican value, the capital.

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 entrepreneurship, including elimination of administrative barriers, permission of problematic issues of the entrepreneurs requiring the solution at the regional level, search of the decision in enhancement of methods and mechanisms of protection of entrepreneurship;

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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