Expertise of NCE: taking into account the opinion of each
During the 11 months of 2016 the Chamber of entrepreneurs received 127 draft regulations from the local executive and representative bodies of the region, city and districts
Expertise of the normative legal acts is one of the most important functions of the National Chamber of Entrepreneurs and regional chambers, through which businesses can submit their proposals and comments on the draft legislation.
According to the requirements of the Entrepreneurial Code of the Republic of Kazakhstan and the law of the Republic of Kazakhstan "On Legal Acts", local representative and executive authorities send draft regulations, affecting businesses in the accredited associations of private entrepreneurs and the National Chamber with the mandatory explanatory note on getting an expert opinion. This enables the regional chambers provide specific recommendations on various projects of RLAs.
During the first 11 months of 2016 the Chamber of Entrepreneurs of WKR received 127 draft regulations from the local executive and representative bodies of the region, city and districts.
A number of drafts of RLAs, NPA which have passed the examination of the regional Chamber: on the approval of the volume of subsidies in areas of subsidizing the development of livestock breeding and increase the productivity and quality of livestock products, the organization and financing of public works, approval of standard subsidy per unit of purchased agricultural products, to increase the basic land tax and rates of single land tax on unused agricultural land, the approval of the zoning schemes of land for tax purposes with the correction factors to the rates of land tax and others directly related to business entities in the region.
As the analysis has shown, out of the draft RLAs received in 2016, the Chamber of Entrepreneurs gave an expert opinion "without comments" only for 35 draft RLAs, 11 draft RLAs were returned with the comment "without expertise" because of non-compliance with requirements of the legislation, and for 81 draft law were given expert opinions with the observations that appropriate changes or additions need to be introduced to the draft regulatory legal act
Upon receipt of the expert opinion almost 90% of the comments and suggestions have been fully taken into account by the authorized bodies and appropriate changes were made to the draft RLAs.
It should be noted that when giving expert opinion, the Chamber of Entrepreneurs takes into account the opinions and suggestions of regional business entities.
However, some competent authorities send draft RLAs in order to obtain an expert opinion in violation of the existing legislation of the Republic of Kazakhstan, as well as in violation of the principle of development and adoption of normative legal acts, affecting the interests of private entrepreneurs.
Such violations, as a lack of competence, failure of a developer to meet the deadline for adoption of RLA, inconsistency or lack of explanatory notes, wrong interpretation of the structural elements of legal norms of the current legislation, non- publication of draft RLA, subject to mandatory publication and dissemination in the media, including Internet resources, prior to their consideration by the relevant authority, or at the meeting of the expert Council, the timing of administration of the normative legal act affecting the interests of private businesses and so on, and now it is a frequent occurrence.
Given the urgency, the matter was submitted for consideration at a meeting of the Council on the protection of the rights of entrepreneurs.
"For us it is important to get a consolidated opinion of entrepreneurs during expertise of RLAs, - said the Head of Legal Unit Magripa Nigisheva. - We always invite entrepreneurs to participate actively in this work, since, besides them, no one will provide significant proposals and remarks on draft RLAs".
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