ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2015 No. 1069

About approval of the Regulations on activities of the investment ombudsman

According to article 317 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations on activities of the investment ombudsman.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of October 30, 2014 No. 1153 "About approval of the Regulations on activities of the investment ombudsman" (SAPP of the Republic of Kazakhstan, 2014, No. 66, the Art. 614).

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

Approved by the Order of the Government of the Republic of Kazakhstan of December 26, 2015 No. 1069

Regulations on activities of the investment ombudsman

1. General provisions

1. This Regulations on activities of the investment ombudsman (further - the Provision) are developed according to article 317 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015.

2. The investment ombudsman - the official designated (determined) by the Government of the Republic of Kazakhstan to which functions on assistance in protection of the rights and legitimate interests of investors are assigned.

3. The investment ombudsman in the activities is guided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

2. Main functions of the investment ombudsman

4. The main functions of the investment ombudsman are:

1) consideration of addresses of investors on the questions arising during implementation of investing activities in the Republic of Kazakhstan and pronouncement of recommendations for their permission, including interacting with state bodies;

2) rendering assistance to investors in the solution of the arising questions in extrajudicial and pre-judicial procedures;

3) development and entering into the Government of the Republic of Kazakhstan of recommendations about enhancement of the legislation of the Republic of Kazakhstan concerning investing activities.

3. Rights and obligations of the investment ombudsman

5. The investment ombudsman has the right:

1) to request and receive from state bodies and the organizations irrespective of the pattern of ownership information, necessary for consideration of addresses, which except for is trade secret;

2) on immediate acceptance by heads and other officials of state bodies and organizations;

3) to hear heads of the interested state bodies and the organizations or their deputies for addresses of investors;

4) other rights necessary for implementation of the functions assigned to the investment ombudsman.

6. When implementing the activities the investment ombudsman shall:

1) to take measures for ensuring compliance and protection of the rights and legitimate interests of investors;

To consider 2) according to the procedure and the terms established by the legislation of the Republic of Kazakhstan, the address of investors concerning actions (failure to act) of officials, decisions of state bodies, other organizations and their officials and also to take on them necessary measures;

3) to be objective and impartial by consideration of addresses;

4) not to make any actions interfering implementation of the rights of the investor who addressed for protection.

4. Address of investors to the investment ombudsman

7. In the address of the investor - physical person its surname, name, and also at will middle name, the postal address, the legal entity - its name, legal address, reference number and date of the address are specified.

The appeal shall be signed by the investor or his legal representative whose rights and legitimate interests were violated, or is certified by the digital signature.

8. In case of the address of the investor with the claim about violation of its rights and legitimate interests, the name of the subject or position, surnames and initials of officials whose actions (failure to act) violate the rights and legitimate interests of investors, motives of the address and requirement are specified.

The documents and other materials confirming requirements of the investor are attached to the address.

5. Consideration of addresses of investors by the investment ombudsman

9. For the purpose of rendering assistance to investors in the solution of the arising questions the investment ombudsman:

1) explains to the investor the questions concerning its rights and legitimate interests, including forms and methods of their protection, stipulated by the legislation the Republic of Kazakhstan;

2) holds meetings, consultations, legal meetings with state bodies and the organizations for settlement of investors, hears heads of the interested state bodies and the organizations or their deputies for questions of consideration of addresses of investors.

To the direction of actions for declaration in courts state bodies inform working body of the investment ombudsman on initiation of legal proceedings;

3) is carried out by the analysis of addresses of investors and results of hearings of state bodies and organizations;

4) is carried out by the analysis of the legislation and reveals the regulations violating the rights of investors or complicating conducting business activity and following the results of develops recommendations for recovery of the violated the rights and legitimate interests of investors;

5) sends to the relevant state body and/or the official, actions (failure to act) of which violate the rights and legitimate interests of the investor, recommendations submitted on recovery of the violated the rights and legitimate interests of investors.

The state body and/or official who received recommendations represent the written answer to the investment ombudsman about results of their consideration in the procedure established by the legislation.

Recommendations of the investment ombudsman are drawn up in the form of protocols of meetings with the investment ombudsman or letters.

The realization of recommendations of the investment ombudsman can be enabled by approval of the actions plan by state body.

In case of disagreement with recommendations of the investment ombudsman, the official in writing motivates the decision in essence.

10. The address of the investor is considered by the investment ombudsman within thirty calendar days from the date of receipt.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info