Businessmen asked to pass to self-regulation certain functions of the National Bank of Kazakhstan

According to the Department of legislation and development of self-regulation of the National Chamber of Entrepreneurs of Kazakhstan "Atameken", for the six months of the action of the Law of RK "On self-regulation" only two associations were able to acquire the status of SRO (self-regulatory organizations), and there is a number of reasons, which preceded it.

Firstly, there is a failure of sectoral state bodies to comply with the legislation on self-regulation of Kazakhstan, which is evidenced by the complaints received NCE from the associations of private entrepreneurs (auditors, lawyers, builders). In particular, sectoral state bodies refuse to provide in a 2-day period statements on the inclusion of associations of business entities in the Register of SRO.

Secondly, self-regulation provides for the adoption of the enhanced commitments, including the provision of property responsibility, and therefore the development of voluntary self-regulation, which does not provide for the delegation of public functions, it is extremely difficult without the appropriate enabling activities of the state.

In this context, "Atameken" offers to consider the question of providing benefits to the members of such SROs:

1) in procurement (the presence of membership in SRO is a criterion for granting benefits (conditional discounts) in public procurement, the procurement of a group "Samruk-Kazyna", the National Bank);

            2) to require the public agency to review complaints about the quality of the products and services produced by members of the SRO, only after consideration of the complaint by SRO itself. This will allow the SRO to have a more responsible approach to the realization of its functional obligations, including with regard to improving the pre-trial settlement of disputes;

3) to introduce at the legislative level the support for the effective business consolidations, including voluntary SRO by providing preferential possibility of establishing a compulsory self-regulation exclusively on the basis of such associations;

The voluntary model of self-regulation provides for the introduction of mechanisms for public recognition of the efficient functioning "voluntary" SROs, which after a time, justify their existence, are ready, and, most importantly, are able to carry out certain significant public functions in certain conditions. The Administration of the President pointed out to the Ministry of National Economy on the need for further improvement of the legislation on self-regulation in terms of creating conditions for the development of SRO, based on voluntary membership.

4) eliminate the release of the National Bank to conduct ARVs in case of introduction of self-regulation based on mandatory membership.

The fact is that Article 82 of the Entrepreneurial Code provides for the exemption of the National Bank from conduction of RIA (Regulatory Impact Analysis) in the case of the introduction of new regulatory tool, including self-regulation or tighter regulation in relation to businesses. In this regard, the National Bank is not a party of the ongoing reform on the transfer of state functions to the competitive environment and the SRO (Step 97 the Plan of the nation) and, respectively, the National Bank's functions are not considered for transfer to self-regulation.

At the same time NCE receives offers from businesses on the introduction of self-regulation institution in the areas of activity regulated by the National Bank (the insurance activities, the activities of collectors, etc.).

Thus, there is a situation in which interests of business entities are limited in terms of their involvement in the ongoing government reforms aimed at radical improvement of the business environment.

The National Chamber sent a letter to the Prime Minister of Kazakhstan Bakhytzhan Sagintayev regarding introduction of an institute of self-regulation, which drew attention to the lack of interest of government agencies in the development of self-regulation, based on a voluntary basis. Thus, the activities, aimed at stimulating the establishment and activities of self-regulation, are not carried out, thereby it creates the conditions for business and professional environment.

Moreover, in accordance with clause 2 of article 29 of the law, the authority and governing public authorities in the exercise of state control and supervision of a member (participant) of the self-regulatory organization based on voluntary membership (participation), takes into account the existence of such a membership (participation) in the system of risk assessment. However, no regulatory body introduced appropriate changes to the risk assessment system (the criteria for assessing the degree of risks and checklists).