The high status of the Business Ombudsman
The powers of the Business Ombudsman were explained to reporters in Shymkent
At a press conference Head of the Sector of the Ombudsman for the protection of the rights of entrepreneurs of South Kazakhstan region Gazizbek Natbaev briefed the media about the functions and powers of the Business Ombudsman.
Noting that since January 1, 2016 entered into force Entrepreneurial Code of RK, which discloses in detail the legal status of the Business Ombudsman, he stressed that, according to the Code, the Business Ombudsman is vested with unprecedented powers. This is the right to suspend decisions of officials, departmental acts of pre-trial proceedings, to sue on behalf of the business community and to apply directly to the courts to protect the rights of entrepreneurs. Thus, his high status and extensive powers allow much more efficiently to deal with systemic problems of Kazakhstani business, arbitrariness of officials and imperfection of the legislation.
For Kazakhstan it is an entirely new institution. By the presidential decree Bolat Palymbetov was appointed the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan.
"Business Ombudsman – is not a civil servant, and his position is not a state position. In case of disagreement with the views of state bodies, he may send a request to the prosecution authorities to make appropriate response acts against them in order to further restore the rights of entrepreneurs", - said Gazizbek Natbaev.
If the violation of the rights of business are systemic in nature and the problems can’t be solved at the level of state bodies, according to entrepreneurs the Ombudsman is entitled to appeal to the President of the Republic of Kazakhstan. Interference in his activities is illegal and not allowed.
And one more thing, to which drew attention G. Natbaev business the Ombudsman has no right to intervene in a situation where there is some misunderstanding between entrepreneurs. He only intervenes in cases where the state authorities are wrong.
As for interaction with NCE RK "Atameken", the Business Ombudsman is included in the system of the National Chamber of Commerce and has an employment relationship with the National Chamber.
The administrative office ensures interaction of the Business Ombudsman and NCE RK and organizations within the system of NCE RK.
Head of the administrative office of the Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan is a member of the Board of NCE RK, who supervises the activities of NCE within the line of business protection. Deputy Head of the administrative office is the Director of the Department of Legal Defense and Department of public monitoring and working with administrative barriers NCE RK in the position.
In every region of Kazakhstan there is acting head of sector of the Ombudsman for the protection of the rights of entrepreneurs of Kazakhstan – it is the Deputy Head of the Regional Chamber on Legal Affairs.
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