NCE RK "Atameken" proposes to reduce the number of inspections in respect of business

As it was noted today at the enlarged meeting of the board at the Prosecutor General’s Office by the Deputy Chairman of the National Chamber of Kazakhstan "Atameken" Rustam Zhursunov, although the Government and public authorities take measures to reduce pressure on the business, the situation is far from ideal.

All the topical problems of entrepreneurs were announced in June at the forum "Supervision of public prosecution in the field of entrepreneurship". According to its results was developed a road map that aims to reduce the pressure on business by the regulatory bodies, the protection of the rights of entrepreneurs in the criminal, civil and administrative processes, the elimination of administrative barriers for business.

According to Rustam Zhursunov, there are problems in the procedure of conduction the inspections. Entrepreneurial Code establishes the general order of inspections – it is the development of criteria for risk assessment, registration of inspections at the prosecutor's office, presentation of checklists. Meanwhile, as noted the Deputy Chairman of the Board of NCE, each supervisory authority considers its inspections exclusive and tryies to get out of the general order. "Now the Code  provides 25 exceptions from the general. In total NCE proposed to transfer 9 areas to the exceptional from 25 subject to general order of inspections. If to talk about the areas that can be audited, the Entrepreneurial Code provides 132 such areas. Their study detected that the separate spheres overlap. For example, there is the scope of compulsory insurance of workers against accidents and separate sphere of labor legislation, which covers the first. We propose to exclude from the total list 13 areas, which overlap control and supervision spheres", - said Rustam Zhursunov.

Secondly, he said, business is seriously affected by unplanned inspections of the tax authorities. "The Tax Code (Article 627) allows you to assign inspections on 32 different grounds, including the decision of the authorized body or by the decision of the tax authority. It's no secret that this provision creates conditions for corruption, allowing the tax authorities in different ways to interpret and to use this rule. We propose to specify in which cases these tests can be assigned ", - said the deputy chairman of the Board of "Atameken".

Rustam Zhursunov drew attention to another serious problem - the presence of rules that allow to register the inspections for subjects, not objects. "As a result - multiple inspection of one business entity. For example, in respect of JSC "CNPC-Aktobe" were carried out 17 inspections by fire, sanitary and epidemiological, industrial  services  only within the first half of this year, it is planned to conduct 43 more before the end of the year. To resolve this issue the Committee for Legal Statistics and Special Records should show its important role", - he expressed his opinion the Deputy Head of the Board of "Atameken".

The main problem and headache of entrepreneurs is also redundant requirements of supervising bodies. "Previously, this figure was named - more than 18 thousand requirements. A deeper study of the problem revealed that in fact there are more than 28 thousand requirements. In connection with the largest number of inspections we started with requirements in the sphere of sanitary and epidemiological surveillance (SES inspections account for 38% of the total number of inspections, there were 75 918 inspections in total for 9 months of 2016, including SES - 29007) ", - said the Deputy Chairman of the National Chamber.

NCE offers to revise fully sanitary rules and norms and to exclude a number of requirements from the checklists.

Rustam Zhursunov also touched on the problem of pseudo-entrepreneurship. "The practice of the application of Article 215 of the Criminal Code provides a lot of pressure on the business. Pseudo-entrepreneurs have to pay fines, and their numerous contractors have to pay extra taxes, fines and penalties", - he said. According to him, it is necessary to decriminalize this rule, consider the experience of the Russian Federation, which removed this article. "Prosecutor General's Office of Kazakhstan is right that the legal consequences for any entrepreneur is re-assessed taxes, respectively, fines. It is clear that the involvement of business in the sphere of criminal prosecution in this case is not appropriate. And without adjustment of the Tax Code can’t be avoided. I support the position of the Prosecutor General that additional accrual of taxes should be primary, and only after can be initiated criminal proceedings", - said the deputy chairman of the Board of NCE.

In this regard, "Atameken" proposes to revise article 215 of the Criminal Code and to make full use of other mechanisms for criminal prosecution, in particular, Article 245 - for tax evasion.

Deputy Chairman of NCE also noted that together with the competent authorities was adopted an approach for improving the pre-trial settlement of tax and customs disputes. Appeals Commission, whose decision will be final and binding, will be established under the Ministry of Finance. Similar approaches are proposed to implement for the resolution of disputes, arising in an appeal against acts of environmental control, sanitary inspections.