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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

(as amended on 14-05-2021)

According to the subitem 7) Item 2 of article 85 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) of October 29, 2015, 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.

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 30, 2015 No. 748

Rules of carrying out and use of the analysis of regulatory impact of regulatory tools

Chapter 1. General provisions

1. These rules of carrying out and use of the analysis of regulatory impact of regulatory tools (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) of October 29, 2015 and determine procedure for carrying out the analysis of regulatory impact and use of the analysis of regulatory impact of the entered and operating regulatory tools.

2. In these rules the following concepts are used:

1) body developer – the local executive bodies developing regulatory legal acts according to their competence;

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 the new regulation, toughening operating, review of the operating regulatory tools in the course of which there is feedback to subjects of regulation turn out their opinions and the offer;

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;

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 and regulatory legal acts adopted by local representative and executive bodies, including the akim of the corresponding territory;

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

8) the regulatory tool – impact methods concerning subjects of entrepreneurship, including form and means of state regulation of entrepreneurship, the stipulated in Article 81 Code;

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

10) review of the regulatory tool – 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, including on the operating regulatory tools concerning which the analysis of regulatory impact was not carried out earlier.

3. Draft documents of System of state planning, the concept of drafts of the laws of 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 the related requirements or regulation toughening, except as specified, provided by part two of Item 2 of article 82 of the Code are subject to the analysis of regulatory impact.

At the same time, concepts of drafts of the laws pass the analysis of regulatory impact before removal at consideration of the Interdepartmental commission on questions of bill activities.

Requirements about carrying out the analysis of regulatory impact in case of introduction of the new regulatory tool 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.

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