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

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.

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.

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

Chapter 1. General provisions

1. These rules of carrying out and use of the analysis of regulatory impact (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, regulation toughenings, and also by the existing regulatory acts.

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) the register of mandatory requirements in the field of entrepreneurship (further – the register of requirements) - the public database of regulatory acts by types of business activity on the general qualifier of types of economic activity;

4) 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;

5) 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;

6) 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);

7) 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;

8) the regulatory act – the operating regulatory legal acts, and also other documents containing according to the legislation of the Republic of Kazakhstan the requirements obligatory for execution by subjects of entrepreneurship;

9) 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;

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

11) 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;

12) 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;

13) 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 state regulation of entrepreneurship in the field of the financial, tax and customs legislation of the Republic of Kazakhstan, 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 on 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 on the international agreements ratified by the Republic of Kazakhstan and on the regulatory tools and (or) requirements of international treaties implemented or planned to implementirovaniye in the legislation of the Republic of Kazakhstan.

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 case of:

introduction of the regulatory tool and (or) requirement;

toughening of regulation concerning subjects of entrepreneurship;

review of the regulatory tool and (or) requirement;

the analysis of the existing regulatory acts included in the register of mandatory requirements.

6. The procedure of the analysis of regulatory impact includes the following stages:

1) carrying out analysis of regulatory impact;

2) carrying out public discussions of analysis results of regulatory impact according to paragraph 4 of Chapter 2 of these rules;

3) consideration of the analysis of regulatory impact and provision of the conclusion about observance of procedures of carrying out the analysis of regulatory impact of authorized body according to paragraph 5 of Chapter 2 of these rules;

4) carrying out the analysis of regulatory impact according to the procedure of alternative, in case of disagreement with conclusions of the analysis of regulatory impact according to paragraph 6 of Chapter 2 of these rules;

5) consideration of the positive conclusion of analysis results of regulatory impact by the Interdepartmental commission or Regional commission under acts of regional value according to paragraph 7 of Chapter 2 of these rules.

7. The regulating state body / organ-razrabotchik sends the following documents to the address of authorized body:

1) the analysis results of regulatory impact containing:

general information according to the draft of the legal act;

assessment of conformity to conditions of forming of regulatory tools and (or) requirements;

analytical form of the analysis of regulatory impact;

2) drafts of the legal act, and also documents, stipulated in Item 3 these rules, for introduction of new regulatory tools and (or) requirements or toughening of regulation;

3) the report of public discussions in the Kazakh and Russian languages with appendix of unloading from the Internet portal of open regulatory legal acts (further - the Otkrytye NPA portal) and the protocol of public discussions;

4) the analytical form of assessment of impact on the competition filled with antimonopoly authority according to the Rules of evaluating impact on the competition approved by the order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of August 10, 2023 No. 198/Tax Code.

Paragraph 2. Carrying out the analysis of regulatory impact in case of introduction of regulatory tools and (or) requirements and regulation toughening

8. The analysis of regulatory impact of the introduced regulatory tools and (or) requirements, toughenings of regulation concerning subjects of entrepreneurship is carried out by the regulating state bodies / organami-razrabotchikami by means of accomplishment of the following consecutive actions:

1) identification of problem which needs to be solved;

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