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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2015 No. 748

About approval of Rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements

(as amended on 29-09-2023)

According to the subitem 7) Item 2 of article 85 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of January 21, 2015 No. 32 "About approval of Rules of carrying out the analysis of regulatory impact" (registered in the Register of regulatory legal acts for No. 10312, published in information system of law of Ad_let on March 11, 2015).

3. To provide to development department of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 20, 2015, No. 748

Rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements

Chapter 1. General provisions

1. These rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements (further – Rules) are developed according to the subitem 7) of Item 2 of article 85 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for carrying out and use of the analysis of regulatory impact in respect of the introduced regulatory tools and (or) requirements.

2. In these rules the following concepts are used:

1) body developer – the local executive body developing projects of regulatory legal acts according to their competence and performing carrying out the analysis of regulatory impact according to these rules;

2) management of entrepreneurship – the local executive body of area, the cities of republican value, the capital performing management in the field of entrepreneurship;

3) public discussions – the events held for the purpose of ensuring participation of subjects of regulation and other interested persons in decision making process concerning introduction of new regulatory tools and (or) requirements, the toughening operating, review of the operating regulatory tools in the course of which there is feedback to subjects of regulation turn out their opinions, the note, questions and offers;

4) interested persons – physical persons or legal entities, whose rights and legitimate interests are infringed in connection with carrying out the analysis of regulatory impact of the entered or operating regulatory tools and (or) requirements;

5) regional chamber of entrepreneurs – the chamber of entrepreneurs of area, city of republican value and the capital which is a part of the system of National chamber of entrepreneurs of the Republic of Kazakhstan at the territorial level (further – Regional chamber);

6) acts of regional value – documents of System of state planning in the Republic of Kazakhstan and the regulatory legal acts adopted by local representative and executive bodies, including the akim of the corresponding territory;

7) regulatory state agency – the state body performing management in separate industry or the sphere of public administration in which state regulation of entrepreneurship is performed;

8) the regulatory tool – utilities obligatory for execution by subjects of entrepreneurship of requirements, the stipulated in Article 81 Code;

9) subjects of regulation are subjects to whom action of the regulatory legal acts providing regulatory tools and (or) requirements or toughening regulation, including subjects of entrepreneurship and other persons extends;

10) review of the regulatory tool and (or) the requirement – the analytical procedure of comparison of efficiency of the achieved goals of state regulation by means of carrying out the analysis of regulatory impact after introduction of the regulatory tool and (or) the requirement, including on the operating regulatory tools and (or) the requirement concerning which the analysis of regulatory impact was not carried out earlier;

11) requirements – the quantitative and high-quality standard rates and indicators obligatory for execution by subjects of entrepreneurship;

3. Draft documents of System of state planning in the Republic of Kazakhstan, projects of regulatory legal acts of the Republic of Kazakhstan, drafts of the technical regulations of the Eurasian Economic Union providing introduction of the regulatory tool and (or) requirements or toughening of regulation concerning the subjects of entrepreneurship, except as specified, provided by part two of Item 3 of article 82 of the Code are subject to the analysis of regulatory impact.

Requirements about carrying out the analysis of regulatory impact in case of introduction of the new regulatory tool and (or) the requirement or toughening of regulation concerning subjects of entrepreneurship also do not extend to the drafts of the laws developed according to the procedure of the legislative initiative of the President and deputies of Parliament of the Republic of Kazakhstan and also to process of consideration of drafts of the laws in Parliament of the Republic of Kazakhstan.

According to the drafts of the laws introduced according to the procedure of the legislative initiative of deputies of Parliament of the Republic of Kazakhstan and also under amendments of deputies to the drafts of the laws which are under consideration in Parliament of the Republic of Kazakhstan the analysis of regulatory impact on the bases, stipulated in Clause 82 Codes, within the conclusion of the Government of the Republic of Kazakhstan can be carried out.

4. Introduction of the new regulatory tool and (or) the requirement or toughening of regulation concerning subjects of entrepreneurship is performed only after approval at meeting of the interdepartmental commission on questions of regulation of business activity under the Government of the Republic of Kazakhstan (further – the Interdepartmental commission).

Requirements of part one of this Item do not extend to regulation of activities of financial institutions, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - the nonresidents of the Republic of Kazakhstan and persons which are part of insurance groups and banking conglomerates and also to projects of regulatory legal acts of National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and financial institutions, and also to projects of regulatory legal acts of the authorized body performing management in the field of ensuring receipts of taxes and other obligatory payments in the budget concerning currency control.

At the same time, new regulatory tools and (or) requirements or toughening of regulation, are entered by acts of regional value, only after approval of advisory advisory body under akimat of area, the cities of republican value, the capital concerning the interdepartmental nature formed according to the Law of the Republic of Kazakhstan "About local public administration and self-government in the Republic of Kazakhstan" (further – Regional commission).

Chapter 2. Procedure for carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements

Paragraph 1. General terms of carrying out analysis of regulatory impact

5. The analysis of regulatory impact is carried out by the regulating state bodies / organami-razrabotchikami in cases of introduction of the regulatory tool and (or) the requirement, toughening of regulation concerning subjects of entrepreneurship, and also in case of review of the regulatory tool and (or) the requirement.

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