Bolat Palymbetov: "Bona fide entrepreneurs should not suffer"

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The Commissioner for the Protection of Entrepreneurs of Kazakhstan Bolat Palymbetov supported the elimination of the article "On Pseudo-entrepreneurship"

Today at the enlarged meeting of the board of the General Prosecutor's Office of the Republic of Kazakhstan, the Business Ombudsman supported the initiative of the National Chamber on changing the format of Article 215 of the Criminal Code "On Pseudo- entrepreneurship".

In June during the Republican forum "Supervision of public prosecution in the field of entrepreneurship", the National Chamber suggested to exclude Article 215 from the Criminal Code "On Pseudo- entrepreneurship ". Instead, as in the Russian Federation, to introduce individual compounds - the illegal formation of the legal entity and the illegal use of documents for the legal entity, i.e., on the nominee name. Now, in Russia such companies can be identified and stopped effectively at the stage of registration.

Currently, since the beginning of 2016, the National Chamber of Entrepreneurs received more than 150 complaints on pseudo-entrepreneurship from almost all regions of Kazakhstan.

"Illegal actions of counterparties in relationship with a pseudo-entrepreneur must be qualified as independent compositions: tax evasion, bank loans, fraud with obligatory follow-up audits", - says Bolat Palymbetov.

This approach will formalize the composition of an offense, it is sufficient to prove the fact of creation of an enterprise on a nominee name.

The responsibility will be borne by the person, who has created such a company, using someone else's documents, as well as persons, who on intention presented their passports to create a company.

Why bona fide entrepreneurs should be responsible for the actions of scammers? In fact, the burden of financial responsibility in the form of a multibillion-dollar co-pay taxes, fines and penalties is shifted on their shoulders.

Unscrupulous entrepreneurs, using the services of a pseudo-entrepreneurship, to evade from payment of taxes, should be punished.

The business community has high hopes on the results of a fruitful collaboration of the prosecutor’s office, State Revenue Committee on the way to improvement of business environment.

"This is a cry from the heart of the entrepreneurs themselves. In this way we could take away a lot of pressure from the business. Bona fide entrepreneurs should not suffer", - said Bolat Palymbetov.

The Business Ombudsman also drew attention to the appeals of entrepreneurs, who often complain on unjustified prosecution.

Their activities are actually paralyzed in connection with the numerous investigations

“But it is not only the fate of the entrepreneur behind each such criminal case, but also the company and its employees. An investigation lasts on average 90 days! Can you imagine when it takes up to a year! Given that an entrepreneur treasures every hour, every day, you can see what detrimental impact it has on business. An entrepreneur not only loses his job, but also reputation, partners and profit. As a result, their families suffer. And it also affects the country. And, most important thing is that at the end comes a notification that the case was dismissed for lack of evidence. And who will be punished for it? A businessman is losing business, morally depressed left alone with personal problem", - summed up the Business Ombudsman.