Zhakip Asanov: "It is time to trust the business and to work without the obsolete dogmas"
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The Prosecutor General of Kazakhstan named the administrative barriers the main cause of entrepreneurs’ complaints
Speaking at the Republican forum "Supervision of public prosecutor’s office in the field of entrepreneurship", the head of the supervisory body named removal of administrative barriers as one of the main directions in the work of agencies, which, in his opinion, and often interferes with normal operation of business.
We create experimental situations together with "Atameken". Someone applies for a permit. We track the whole way, which an applicant has to go. We how services are rendered, and are there any artificial barriers, - said Zhakip Asanov. - For example, the architecture department of Shymkent has managed to put on a commercial footing free public services. The place on the stand a list of documents that can’t be required by law – topographical survey, charts, technical specifications and so on. And five companies make them, which are owned by the wife of the head of the department. Of course, not free of charge. If you do not pay, you do not receive state services. We need to continue these experiments".
According to the Attorney General, officials try to regulate everything. "These are Sanitary Rules and Regulations. We have 41 of them, which consist of 8000 requirements. Maybe it's time to trust the business and to work without these obsolete dogmas? Business knows the best what the client needs", - said Zh. Asanov.
The Attorney General also noted that it is necessary to select "legal provisions that impede business and introduce changes". "In other words, it is their audit for compliance with the policy set by the Head of State to support entrepreneurship, the presence of barriers to business, corruption, target value, efficiency, validity and feasibility. Entrepreneurs better then theorists can point to bottlenecks in the legal field", - said Zhakip Asanov.
For this purpose, the Attorney General offered to create form on the websites of General Prosecutor’s Office. "It should be simple and straightforward. A businessman writes the name of the RLA, indicates the specific paragraph, article, with which he disagrees and gives a brief justification of why it is necessary to change it. Then we get the opinion of state agencies and bring it to the general discussion", - said the head of the supervisory authority.
Regarding inspections, the Attorney General said that their body has the right to intervene in the activities of entrepreneurs in exceptional cases, when there is a threat to the health and lives of people, and responsible officials inact.
According to him, "the prosecutor's office does a plan for inspections of entrepreneurs and can’t have it". "There are enough controllers. But sometimes we have to intervene. Especially when the controllers are inactive, and this can lead to serious consequences", - said Zhakip Asanov.
At the same time the Attorney General emphasized that "it is not possible to register all cases in the laws when the business should be inspected". "In order to avoid abuse, inspections are carried out on the personal decision of the prosecutor of the region, and that he is personally responsible. Therefore, I warn my colleagues in the center and in the regions: do not make mistakes", - said the prosecutor general.
Zhakip Asanov also said that the General Prosecutor of Kazakhstan in 2015 has introduced a risk assessment system for entrepreneurs.
"The principal is not to audit everyone, but only those who are at high risk. Until the end of the year, we will integrate this system with our new service "Unified Register of inspections". In one click you can see who breaches what. The inspector will go there", - said the prosecutor general. - All information on violations will be on the map of inspections. Anyone can visit the website and obtain the necessary information. Those who often break the law, lose clients in the end. "According to him, since 2012, General Prosecutor's Office also implements a project "Reconciliation in the criminal and civil proceedings".
"Its result - the new Civil Procedure Code. One of the main tasks of the court is reconciliation. There are new tools for the search for a compromise. Therefore, in addition to solving problems important to the criminal proceedings, it is crucial to improve the CPC, so that business, especially small and medium, does not have to bear huge costs for the resolution of their disputes. This contributes to our project, "Towards a society without complaint". Its goal - to eliminate the causes that force businesses to solve their relations with the state in a court", - concluded Zhakip Asanov.
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