Entrepreneur Code of the Republic of Kazakhstan
Unofficial translation
The Code of the Republic of Kazakhstan dated October 29, 2015 No. 375-V ZRK.
Unofficial translation
This Code defines the legal, economic and social conditions and guarantees that ensure the free enterprise in the Republic of Kazakhstan, regulates social relations arising from the interaction of business entities and the state, including government regulation and support for entrepreneurship.
SECTION 1. GENERAL PROVISIONS
Chapter 1. LEGAL PRINCIPLES OF INTERACTION BETWEEN
BUSINESS ENTITIES AND STATE
Article 1. Legislation of the Republic of Kazakhstan on entrepreneurship
Article 2. The concept of entrepreneurship and the limits of its legal regulation
Article 3. Objectives and principles of interaction between business entities and the state
1) legality;
2) freedom of entrepreneurship;
3) equality of entrepreneurs;
4) inviolability of property;
5) fair competition;
6) balance of consumer, business entities and the state interests;
7) transparency of the activities of state bodies and the availability of information;
8) effectiveness of state regulation of entrepreneurship;
9) improvement of the ability of business entities to independently protect their rights and legitimate interests;
10) priority of the prevention of wrong;
11) mutual responsibility of business entities and the state;
12) freedom from corruption;
13) promotion of entrepreneurship, ensuring of its protection and support;
14) support of domestic manufacturers of goods, works, services;
15) inadmissibility of unlawful state interference in the affairs of entrepreneurs;
16) participation of private entrepreneurship in lawmaking;
17) promotion of social responsibility of entrepreneurship;
18) limited participation of the state in entrepreneurial activities;
Note by the Republican Center for Legal Information!
Subparagraph 19) is put into effect after the enactment of the legislative act on self-regulation in accordance with the Code of the Republic of Kazakhstan dated 29.10.2015 No. 375-V.
19) self-regulation.
Article 4. Legality
Article 5. Free enterprise
Article 6. Equality of entrepreneurs
Article 7. Inviolability of property
Article 8. Fair competition
Monopolistic activities are regulated and restricted by law.
Article 9. Balance of interests of consumers, business entities and the state
Article 10. Transparency of government activities and availability of information
3-1. Private business entities may have a stamp with their name.
Government agencies and financial institutions are prohibited from requesting stamp on documents from legal entities belonging to private entrepreneurs.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); No. 249-VI dated 04.19.2019 (shall be enforced since 01.08.2019).
Article 11. Effectiveness of state regulation of entrepreneurship
The effectiveness of state regulation of entrepreneurship is achieved through the introduction of mandatory procedures for its substantiation, coordination and monitoring.
Article 12. Improvement of the business entities ability to independently protect their rights and legitimate interests
Article 13. Priority of prevention of wrong
Article 14. Mutual responsibility of business entities and the state
An entrepreneur is also considered to be bona fide if, when exercising rights, legitimate interests and (or) performance of obligations, he was guided by an official explanation of the state body, given within his competence, fixed in accordance with the legislation of the Republic of Kazakhstan.
Losses caused to an entrepreneur as a result of issuing an act of a state body that does not comply with the legislation of the Republic of Kazakhstan, as well as actions (inaction) of officials of these bodies, shall be reimbursed in the manner prescribed by the civil legislation of the Republic of Kazakhstan.
Footnote. Article 14 as amended by Law of the Republic of Kazakhstan No. 249-VI dated 19.04.2019 (shall be enforced since 01.08.2019).
Article 15. Freedom from corruption
Article 16. Stimulation of entrepreneurial activities and ensuring its protection and support
Article 17. Support for domestic manufacturers of goods, works, services
Article 18. Inadmissibility of unlawful state interference in the affairs of entrepreneurs
Unlawful interference by the state in the affairs of entrepreneurs, their associations, as well as the aforementioned associations in the affairs of the state and the assignment of functions of state bodies to them are not allowed.
Article 19. Participation of private business entities in lawmaking
Private business entities participate in the development and examination of draft regulatory legal acts, draft international treaties of the Republic of Kazakhstan, as well as international treaties, the Republic of Kazakhstan intends to become a party to, affecting the interests of entrepreneurs, through the National Chamber of business entities of the Republic of Kazakhstan and expert council on private entrepreneurship (further-expert council).
Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 20. Stimulation of social responsibility of entrepreneurship
The state guarantees and encourages the introduction by business entities of social responsibility in their business activities.
Article 21. Limited state participation in entrepreneurial activities
Note by the Republican Center for Legal Information!
Article 22 is enacted after the enactment of the law on self-regulation in accordance with the Code of the Republic of Kazakhstan dated 29.10.2015 No. 375-V.
Article 22. Self-regulation
The state creates conditions for the development of self-regulation in entrepreneurial and professional activities by reducing the scope of state regulation based on the minimum need for it.
Chapter 2. BUSINESS ENTITIES AND CONDITIONS FOR THEIR
FUNCTIONING
Paragraph 1. General provisions on entrepreneurs
Article 23. Entrepreneurs
Article 24. Categories of entrepreneurs
small-sized business entities, including micro-business entities;
medium-sized business entities;
large-sized business entities.
state statistics;
provision of state support;
application of other norms of the legislation of the Republic of Kazakhstan.
For state statistics, only the average annual number of employees is used.
For the goal of providing state support and applying other norms of the legislation of the Republic of Kazakhstan, two criteria are used: the average annual number of employees and the average annual income.
The average annual number of employees of business entities is determined taking into account all employees, including employees of branches, representative offices and other separate divisions of this subject, as well as the individual entrepreneur.
The average annual income is the sum of the total annual income or incomes of business entities that apply a special tax regime based on a patent or a simplified declaration in accordance with the tax laws of the Republic of Kazakhstan, divided into three over the past three years.
State support programs for private business entities may provide for other criteria.
Micro business entities are small-sized business entities engaged in private entrepreneurship, with an average annual number of employees of no more than fifteen people or an average annual income of no more than thirty thousand times a monthly calculated indicator established by the law on the republican budget and valid on January 1 of the corresponding financial year.
1) activities related to the traffic of narcotic drugs, psychotropic substances and precursors;
2) production and (or) wholesale of excisable products;
3) grain storage operations at grain gaining stations;
4) holding of lotteries
5) activities in gambling;
6) activities related to the traffic of radioactive materials;
7) banking (or certain types of banking operations) and activities in the insurance market (except for the activities of an insurance agent);
8) auditing activities;
9) professional activities in the securities market;
10) activities of credit bureaus;
11) security activities;
12) activities related to the circulation of civilian and service weapons and their ammunition.
Individual business entities and legal entities carrying out the activities specified in this paragraph refer to medium-sized business entities, and in case of meeting the criteria established by clause 6 of this article, to large-sized business entities.
For private entrepreneurs, in accordance with the tax legislation of the Republic of Kazakhstan, who are payers of gambling business tax, a fixed tax and a single land tax, the criterion on the number of employees is used.
Article 25. Register of entrepreneurs
Article 26. Rights of entrepreneurs
1) carry out any types of entrepreneurial activities, to have freedom of access to the markets for goods, works and services, unless otherwise provided for by the laws of the Republic of Kazakhstan;
2) carry out entrepreneurship using hired labor in accordance with the laws of the Republic of Kazakhstan;
3) create branches and representative offices in the manner prescribed by the laws of the Republic of Kazakhstan;
4) independently set prices for manufactured goods, works, services, with the exception of cases established by this Code and the laws of the Republic of Kazakhstan;
5) independently monitor the quality of goods, works and services;
6) carry out foreign economic activities within their legal capacity;
7) establish associations of business entities and participate in them;
8) participate in the work of expert councils through accredited associations of private entrepreneurship entities, the National Chamber of business entities of the Republic of Kazakhstan;
9) apply to law enforcement and other government agencies on matters of bringing to justice those who violated the rights and (or) prevented the realization of the legitimate interests of entrepreneurs;
10) apply to the court, arbitration, the Commissioner for the protection of the rights of business entities of Kazakhstan and other bodies to protect their rights and legitimate interests;
11) settle the dispute through conciliation procedures;
12) submit for consideration to the authorized body on entrepreneurship proposals on the elimination of the causes and conditions conducive to the non-execution or inadequate execution of regulatory legal acts on the support and protection of entrepreneurship;
13) participate in the implementation of projects in the social, economic and environmental fields as measures of the social responsibility of entrepreneurship;
14) exercise other rights not limited by the laws of the Republic of Kazakhstan.
Article 27. Obligations of entrepreneurs
Business entities are obliged to:
1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of individuals and legal entities;
2) ensure the safety and quality of goods, works, services in accordance with the requirements of the legislation of the Republic of Kazakhstan;
3) provide consumers with goods, works, services complete and accurate information about goods, works, services;
4) obtain permits or send notifications to start an activities or action (operation) in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications”;
5) carry out compulsory insurance of civil liability in cases stipulated by the laws of the Republic of Kazakhstan;
6) preserve nature and to treat natural resources with care;
7) increase the efficiency of use of natural and energy resources and their management in the process of carrying out activities;
8) perform other obligations provided for by this Code and other laws of the Republic of Kazakhstan.
Article 28. Protection of information constituting a trade secret
1) determining the list of information constituting a trade secret;
2) restricting access to trade secrets by establishing a procedure for handling this information and monitoring compliance with such a procedure;
3) records of persons who have obtained access to a trade secret, and (or) persons to whom this information has been provided for or transmitted.
10-1. An entrepreneur that owns, on the right of ownership or other legal basis, a critically important object of information and communication infrastructure, transfers a backup copy of an electronic information resource to a single backup platform for storing electronic information resources in the manner specified by the legislation of the Republic of Kazakhstan, subject to the requirements of the legislation of the Republic of Kazakhstan on national security.
1) last name, first name and patronymic (if it is indicated in the identity document) or the name of the individual entrepreneur;
2) name and date of registration of the legal entity;
3) identification number;
4) legal address (location);
5) kind of activities;
6) surname, name, patronymic (if it is indicated in the identity document) of the manager.
Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 No. 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 29. Primary statistical and administrative data
The use of primary statistical data by state bodies and the National Bank of the Republic of Kazakhstan in relation to an entrepreneur, including in the exercise of their control and supervisory functions, is not allowed.
Paragraph 2. Individual entrepreneurs
Article 30. The concept and types of individual entrepreneurship
Other individuals are prohibited from individual entrepreneurship.
Article 31. Personal entrepreneurship
Article 32. Joint entrepreneurship
1) spouse entrepreneurship, carried out on the basis of the common joint property of the spouses;
2) family entrepreneurship, carried out on the basis of common joint ownership of a peasant farm or common joint ownership of privatized housing;
3) simple partnership in which private entrepreneurship is carried out on the basis of common shared ownership;
4) other forms in accordance with the laws of the Republic of Kazakhstan.
If one of the spouses does not give his/her cinsent for the performance of the other spouse in the business turnover on their behalf, it is assumed that the spouse acting in the business circulation performs individual entrepreneurship in the form of personal entrepreneurship.
Article 33. Implementation of the activities of individual entrepreneurs under their own names
Article 34. Social protection of an individual entrepreneur
The individual entrepreneur has the right to use the social and pension system, social insurance in accordance with the legislation of the Republic of Kazakhstan.
Article 35. State registration of individual entrepreneurs
1) use the work of employees on a permanent basis;
2) they gain annual income from private entrepreneurship calculated in accordance with the tax legislation of the Republic of Kazakhstan in the amount exceeding the 12-times minimum wage established by the law on the republican budget and valid as of January 1 of the corresponding financial year.
Note of RCLI!
Part two of Paragraph 2 shall remain in force until 01.01.2024 in accordance with the Law of the Republic of Kazakhstan No. 203-VI dated 26.12.2018.
The activities of listed individual entrepreneurs without state registration shall be prohibited, with the exception of the persons specified in paragraph 3 and 4 of this Article, as well as the cases provided by the tax legislation of the Republic of Kazakhstan.
1) income subject to taxation at the source of payment;
2) property income;
3) income from sources outside the Republic of Kazakhstan;
4) incomes of domestic workers in accordance with the labor legislation of the Republic of Kazakhstan, gaining income from persons other than tax agents;
5) incomes of citizens of the Republic of Kazakhstan under labor contracts (contracts) and (or) contracts of a civil law nature, concluded with representative offices of a foreign state and consular institutions of a foreign state accredited in the Republic of Kazakhstan other than tax agents;
6) incomes of citizens of the Republic of Kazakhstan under labor agreements (contracts) and (or) civil law contracts concluded with international and state organizations, foreign and Kazakhstan non-governmental public organizations and foundations exempted from the obligation to calculate, withhold and transfer individual income tax at the source of payment in accordance with international treaties ratified by the Republic of Kazakhstan;
7) incomes of resident labor immigrants received (to be received) under employment contracts concluded in accordance with the labor legislation of the Republic of Kazakhstan on the basis of a permit issued to a labor immigrant;
8) income of mediators, with the exception of professional mediators in accordance with the Law of the Republic of Kazakhstan "On Mediation", received from persons other than tax agents;
9) income from a private subsidiary farm, recorded in the household account book in accordance with the legislation of the Republic of Kazakhstan, subject to taxation, for which personal income tax was not withheld at the source of payment due to false information submitted by the individual subsidiary farm to the tax agent.
For the goals of applying this clause, the tax agent is a person defined by the tax legislation of the Republic of Kazakhstan.
Note of RCLI!
Paragraph 4 shall remain in force until 01.01.2024 in accordance with the Law of the Republic of Kazakhstan № 203-VI dated 26.12.2018.
Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); as amended by the Law of the Republic of Kazakhstan No. 203-VI dated 26.12.2018 (shall be enforced from 01.01.2019).
Article 36. The procedure for state registration of individual entrepreneurs
In case of registration of joint individual entrepreneurship, an authorized representative of joint individual entrepreneurship provides a power of attorney signed on behalf of all participants of the joint entrepreneurship.
If the applicant has not reached the age of majority, the consent of the legal representatives is attached to the notice, and in the absence of such consent, a copy of the marriage certificate (marriage) or the decision of the guardianship or custody or court decision declaring the minor fully capable.
Reclamation of other documents is prohibited.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (shall be enforced from 01.01.2017); as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).
Article 37. Certificate of state registration of an individual entrepreneur
Footnote. Article 37 is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (shall be enforced from 01.01.2017).
Article 38. Termination of the activities of an individual entrepreneur
On a voluntary basis, the activities of an individual entrepreneur is terminated at any time on the basis of a decision taken independently by an individual entrepreneur in personal entrepreneurship, by all participants jointly in joint entrepreneurship. In this case, the individual entrepreneur submits to the state revenue authority a statement on the termination of entrepreneurial activities.
For voluntary termination of activities, an individual entrepreneur shall submit to the state revenue authority a statement on the termination of entrepreneurial activities.
The decision to terminate the joint entrepreneurship is considered adopted if at least half of its participants voted for it, unless otherwise provided for by agreement between them.
1) is excluded by Law of the Republic of Kazakhstan No. 290-VI dated December 27, 2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
2) recognition of the registration of an individual entrepreneur as invalid in connection with the violations of the legislation of the Republic of Kazakhstan admitted during registration, which are intractable in nature;
3) carrying out activities with repeated violations of the legislation of the Republic of Kazakhstan during a calendar year or gross violations;
4) declaring him/her dead;
Note by the Republican Center for Legal Information!
Subparagraph 5) shall be enforced from 06.02.2016 by the Code of the Republic of Kazakhstan dated 29.10.2015 No. 375-V.
5) including him/her in the list of organizations and individuals associated with the financing of terrorism and extremism, in accordance with the legislation of the Republic of Kazakhstan;
6) recognition of his/her missing;
7) established by the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code), providing for the termination of activities under compulsion.
1) personal entrepreneurship in the recognition of an individual entrepreneur as incapable, partially capable, or his/her death;
2) family entrepreneurship and simple partnership, if as a result of the occurrence of the circumstances listed in subparagraph 1) of this paragraph, there is only one or no participant in the joint entrepreneurship, as well as in the division of property in connection with the dissolution of the marriage;
3) established by the tax legislation of the Republic of Kazakhstan, providing for the termination of activities in a simplified manner;
4) the entry into legal force of a court ruling on the completion of the bankruptcy procedure in relation to an individual entrepreneur declared bankrupt by a court decision.
An individual entrepreneur is deemed to be de-registered as an individual entrepreneur in the registering authority from the date of posting this information on the Internet resource of the authorized body that manages the provision of tax revenues and other mandatory payments to the budget.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); No. 290-VI dated December 27, 2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 39. Bankruptcy of an individual entrepreneur
The bankruptcy procedure of an individual entrepreneur is carried out in the manner prescribed by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.
Article 40. Recovery of debts of individual business entities on their property
Article 41. Definition and forms of farm
1) peasant economy, in which business activities are carried out in the form of family entrepreneurship, based on the basis of common joint ownership;
2) a farm based on the implementation of personal entrepreneurship;
3) a farm organized in the form of a simple partnership on the basis of common share ownership on the basis of a joint activities agreement.
Article 42. Head and members of a farm
Article 43. Rights and obligations of the head and members of the farm
1) represent the interests of the farm in relations with individuals and legal entities;
2) carry out civil law transactions not prohibited by the laws of the Republic of Kazakhstan;
3) authorize any of the members of the farm to perform their functions in the event of a long absence;
4) determine the main activities of the farm;
5) approve internal rules, procedures for their adoption and other documents regulating the internal activities of a farm;
6) submit for consideration by the general meeting of members of a farm enterprise the question of the participation of a farm enterprise in the creation and activities of legal entities;
7) exercise other rights provided for by this Code and the laws of the Republic of Kazakhstan.
1) to organize the maintenance of records and statements of farm enterprises;
2) to implement, within its competence, decisions of the general meeting of members of a farm economy that do not contradict the legislation of the Republic of Kazakhstan;
3) to create working conditions for members of the farm;
4) when accepting employees, conclude labor contracts, issue acts of the employer in accordance with the labor legislation of the Republic of Kazakhstan;
5) to perform other obligations provided for by this Code and the laws of the Republic of Kazakhstan.
1) voluntarily withdraw from a farm in the manner determined by the general meeting of members of the farm;
2) receive information on the activities of a farm enterprise, including familiarizing themselves with the accounting data, financial statements and other documentation of this farm;
3) appeal to the general meeting of members of a farm and (or) to state bodies with complaints of unlawful actions (inaction) of the head and other members;
4) appeal in court the decisions of the head and the general meeting of members of a farm in case of violation of their rights and legitimate interests;
5) exercise other rights stipulated by this Code and the laws of the Republic of Kazakhstan.
1) to implement the decisions of the general meeting of members of a farm;
2) to comply with the requirements of the internal documents of the farm;
3) in the event of a change of the head of a farm, by a general statement, notify the authorities that registered the farm;
4) to perform other obligations provided for by this Code and the laws of the Republic of Kazakhstan.
Article 44. Peculiarities of the creation of a farm
Article 45. Farm as a form of economic activities
1) open bank accounts and manage its money;
2) receive loans secured by property, land and land use rights in the manner and on the terms established by the legislation of the Republic of Kazakhstan;
3) insure rented and own production facilities, as well as crops (plantings) of agricultural crops, perennial plantings, manufactured products, raw materials, materials in case of death or damage in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activities;
4) on a voluntary basis, to unite in cooperatives, societies and other associations, participate in the activities of cooperative, economic partnerships and other organizations, as well as at their own discretion, withdraw from any organization.
Article 46. Property of a farm
The property of the farm, organized in the form of a simple partnership on the basis of a joint venture agreement, belongs to its members by right of joint ownership.
The property of the farm, based on personal entrepreneurship, belongs to him on the right of private property.
Article 47. The provision of land for the farm management
The conditions, procedure for the provision and use of land for the farm management are established by the Land Code of the Republic of Kazakhstan.
Article 48. Conditions of activities of a farm
Article 49. Termination of the activities of a farm
Paragraph 3. Entrepreneurship of legal entities
Article 50. Entrepreneurship of non-state legal entities
Article 51. Entrepreneurship of state enterprises
1) economic management;
2) operational management (state-owned enterprises).
Article 52. State registration of legal entities related to entrepreneurs, and accounting registration of their branches and representative offices
Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (shall be enforced from 01.07.2019).
Article 53. Reorganization and liquidation of a legal entity that is an entrepreneur
Chapter 3. ASSOCIATION OF BUSINESS ENTITIES AND CONDITIONS OF THEIR FUNCTIONING
Article 54. Associations of entrepreneurs
Article 55. Basics of the activities of associations of entrepreneurs
The activities of entrepreneurial associations are based on:
1) equality of all entrepreneurs;
2) prevention decisions that do not correspond to the main directions of domestic and foreign policy of the state;
3) independence, which does not allow the restriction of lawfully carried out activities of associations of entrepreneurs;
4) transparency of activities, accountability, responsibility to its members;
5) efficiency, consistency and rapidness in decision making and its implementation.
Article 56. National chamber of entrepreneurs of the Republic of Kazakhstan, its goals and objectives
1) consolidation of the business community;
2) representation, maintenance and protection of the rights and legitimate interests of entrepreneurs;
3) the organization of effective interaction between business entities and their associations (unions) with government bodies;
4) assistance to the creation of favorable legal, economic and social conditions for the implementation of entrepreneurial initiatives in the Republic of Kazakhstan;
5) participation in the process of improving the legislation of the Republic of Kazakhstan, affecting the interests of entrepreneurship;
6) other objectives stipulated by the laws of the Republic of Kazakhstan.
Article 57. The National Chamber frame
1) at the republican level:
National Chamber;
republican inter-sectoral, industry associations (unions) accredited to the National Chamber, as well as republican associations (unions) of small, medium and (or) large-sized business entities;
2) at the territorial level:
chambers of business entities of oblasts, cities of republican status and the capital (hereinafter - regional chambers);
regional inter-sectoral, regional sectoral associations (unions) accredited in regional chambers, as well as regional associations (unions) of small, medium and (or) large-sized business entities;
accredited in regional chambers regional, cities of regional, republican status and the capital of the association (unions);
regional associations accredited in regional chambers, cities of regional status associations (unions);
3) at the city and district levels:
branches of regional chambers in the regions of the respective oblasts, cities of oblast, cities of republican status and the capital, as well as in the towns of oblast and regional status;
4) legal entities with the participation of the National Chamber as a founder, established to implement the objectives of the Law of the Republic of Kazakhstan "On the National Chamber of business entities of the Republic of Kazakhstan";
5) branches and representative offices of the National Chamber located in a foreign country;
6) Commissioner for protection of the rights of business entities of Kazakhstan.
Article 58. Principles of activities of the National Chamber
1) independence;
2) equality of all entrepreneurs;
3) making decisions that do not contradict the main directions of domestic and foreign policy of the state;
4) transparency of activities, accountability, responsibility to its members;
5) efficiency, consistency and rapidness in decision making and its implementation;
6) the development of intersectoral, sectoral and regional associations (unions);
7) social responsibility of entrepreneurship;
8) contributing to ensuring the safety of goods, works and services for human life and health and the environment produced by manufacturers of goods, works and services;
9) ensuring a balance of interests of society and entrepreneurship.
Note by the Republican Center for Legal Information!
Paragraph 2 is put into effect after the enactment of the law on self-regulation in accordance with the Code of the Republic of Kazakhstan dated 29.10.2015 No. 375-V.
The business entities that are members (participants) of self-regulating organizations in the business sphere based on mandatory membership are subject to the principle of mandatory membership of business entities in the National Chamber.
Article 59. Members of the National Chamber
1) enjoy professional support and protection from the National Chamber, as well as the services provided for by its charter;
2) elect and be elected to its governing bodies;
3) apply to the National Chamber with written inquiries and receive motivated answers within the limits of the powers granted to the National Chamber, make suggestions for improving the organization of its activities;
4) participate in the management of the National Chamber in the manner prescribed by the Law of the Republic of Kazakhstan "On the National Chamber of business entities of the Republic of Kazakhstan" and the charter of the National Chamber;
5) undergo training, retraining and advanced training organized by the National Chamber;
6) receive qualified information and analytical support, including the services of independent experts of various profiles;
7) hear reports on the activities of the National Chamber in the manner prescribed by its charter;
8) enjoy other rights provided for by the laws of the Republic of Kazakhstan.
Article 60. Competence of the National Chamber
The National Chamber performs the functions stipulated by this Code, the Law of the Republic of Kazakhstan "On the National Chamber of busineof the Republic of Kazakhstan" and other laws of the Republic of Kazakhstan.
Article 61. Interaction with the Government of the Republic of Kazakhstan, government bodies
1) approves the limiting amounts of mandatory membership fees;
2) performs other functions assigned to it by the Constitution, this Code, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
1) participation of the National Chamber in the development and examination of draft regulatory acts affecting the interests of private entrepreneurs;
2) participation of the National Chamber in the development and examination of international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties of the Republic of Kazakhstan affecting the interests of private entrepreneurs;
3) creation by the National Chamber of consultative and advisory bodies with the participation of central and local government bodies;
4) participation of the National Chamber in the work of the consultative and advisory bodies under the central and local government bodies established on matters affecting the rights and obligations of entrepreneurs;
5) forms aimed at the realization of the goal of creation, objectives and functions of the National Chamber.
Note by the Republican Center for Legal Information!
Article 62 is put in force after the enactment of the self-regulation legislative act in accordance with the Code of the Republic of Kazakhstan dated 29.10.2015 No. 375-V.
Article 62. Introduction of self-regulation and its types
In order to create favorable legal and economic conditions in the areas of entrepreneurial and professional activities, self-regulation shall be introduced based on voluntary and compulsory membership (participation) in self-regulating organizations in accordance with the laws of the Republic of Kazakhstan.
In order to introduce self-regulation based on compulsory membership (participation) in a self-regulating organization, the regulatory body in a specific area and interested persons must first conduct a regulatory impact analysis procedure in accordance with Article 83 of this Code.
Footnote. Article 62 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
SECTION 2. INTERACTION BETWEEN BUSINESS ENTITIES AND THE STATE
Chapter 4. Participation of business entities in rule-making
Article 63. Accreditation of associations of private entrepreneurs
Footnote. Article 63 is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 64. Expert council
developing proposals for improving the activities of state bodies in order to support and protect entrepreneurship, including the elimination of administrative barriers;
developing proposals for improving the legislation of the Republic of Kazakhstan, affecting the interests of entrepreneurship;
obtaining expert opinions from members of expert councils on draft normative legal acts, draft international treaties of the Republic of Kazakhstan, as well as international treaties, to which the Republic of Kazakhstan intends to become a member, affecting the interests of business.
Expert council meetings are held as needed.
Сertificate of accreditation is issued for a period of three years.
Associations of private business entities accredited more than two times in a row at central state and (or) local executive bodies receive a certificate of accreditation on an unlimited basis.
The composition of expert councils at the central state and local executive bodies is approved by decisions of the heads of these bodies.
The meeting of the expert council is held on the initiative of the members of the expert council. The agenda is considered in the presence of at least two thirds of its members.
At the same time, meetings of the expert council is held by directly convening members of the expert council or by holding videoconferencing or an online conference in real time.
Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 65. Features of the development and adoption of regulatory legal acts affecting the interests of entrepreneurs
The term established by the central state and local executive bodies for submission of expert opinion on the draft regulatory legal act affecting the interests of business entities may not be less than ten working days from the date of receipt of the notification to the members of the expert council and to the National Chamber.
The requirement for receiving an expert opinion specified in part one of this Paragraph shall not apply to the projects of regulatory legal acts of central and local executive agencies, as well as akims providing for decisions on establishment (cancellation) of the quarantine zone with the introduction of quarantine regime in the relevant territory, on establishment (release) of quarantine and (or) restrictive measures in cases provided by the legislation of the Republic of Kazakhstan for veterinary medicine, as well as natural and man-made emergencies declaration.
The provisions of this paragraph apply to the concept of draft laws affecting the interests of entrepreneurs.
Footnote. Article 65 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 21.01.2019 No. 217-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 66. Expert opinions on the concepts of draft laws, draft regulatory legal acts affecting the interests of entrepreneurs
Expert opinions are submitted in the Kazakh and Russian languages.
Failure to submit an expert opinion in a timely manner means that the concept of the draft law, the draft regulatory legal act is considered to be agreed by a member of the expert council and the National Chamber without comment.
At the same time, it is prohibited to state bodies to require from state developers to obtain expert opinions from members of the expert council and the National Chamber, who did not submit an expert opinion within the deadlines set in this paragraph.
In case of disagreement with the expert opinion, the state developer within ten working days from the date of receipt of the expert opinion shall be sent to the member of the expert council who gave this conclusion and the National Chamber with a justification of the reasons for the disagreement. Such a response is a mandatory appendix to the concept of the draft law, the draft regulatory legal act before its adoption.
Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 67. Publication (distribution) of a draft regulatory legal act affecting the interests of business entities in the media
A draft regulatory legal act affecting the interests of business entities is subject to mandatory publication (distribution) in the media, including Internet resources, before being reviewed by the relevant body, the expert council and the National Chamber.
Footnote. Article 67 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 68. Procedure for the enactment of a regulatory legal act affecting the interests of entrepreneurs
The deadlines for enactment of a regulatory legal act affecting the interests of business entities shall be established on the basis of the time needed by the entrepreneur to prepare for the implementation of activities in connection with the requirements established by the laws of the Republic of Kazakhstan.
The procedure and deadlines for the enactment of regulatory legal acts shall not be detrimental to entrepreneurs.
Article 69. Features of the conclusion of international treaties affecting the interests of private entrepreneurs
When developing and concluding draft international treaties of the Republic of Kazakhstan, as well as international treaties, to which the Republic of Kazakhstan intends to become a party, affecting the interests of private entrepreneurs, the procedure provided for in Articles 65-68 of this Code is applied.
Chapter 5. PUBLIC PRIVATE PARTNERSHIP
Article 70. Definition of public private partnership
Public private partnership is a form of cooperation between a public partner and a private partner, corresponding to the following features:
1) building a relationship between a public partner and a private partner by entering into a public private partnership agreement;
2) medium-term or long-term period for the implementation of a public private partnership project (from three to thirty years, depending on the specifics of a public private partnership project);
3) joint participation of a public partner and a private partner in the implementation of a public private partnership project;
4) pooling the resources of a public partner and a private partner for the implementation of a public private partnership project.
Article 71. Participants of public private partnership
The participants of a public private partnership are the public partner and the private partner, as well as other persons participating in the implementation of the public private partnership project, as provided for by the Law of the Republic of Kazakhstan "On Public Private Partnership".
Article 72. Objects of public private partnership
The objects of public private partnership are property, property complexes, design, construction, creation, reconstruction, modernization and operation of which are carried out as part of a public private partnership project. The objects of public private partnership also include works (services) and innovations to be introduced during the implementation of a public private partnership project.
Article 73. Main objectives and principles of public private partnership
1) creation of conditions for effective interaction between the public partner and the private partner in order to ensure sustainable socio-economic development of the Republic of Kazakhstan;
2) attracting investments to the state economy by pooling the resources of a public partner and a private partner for the development of infrastructure and life support systems of the population;
3) increasing the level of availability and quality of goods, works and services, taking into account the interests and needs of the population, as well as other interested parties;
4) increasing the overall innovation activities in the Republic of Kazakhstan, including the promotion of the development of high-tech and knowledge-intensive industries.
1) the principle of consistency - the phased construction of relations between the participants of public private partnership;
2) the principle of competitiveness - the definition of a private partner on a competitive basis, with the exception of cases established by the Law of the Republic of Kazakhstan "On public private partnership";
3) the principle of balance - a mutually beneficial distribution of obligations, guarantees, risks and revenues between a public partner and a private partner in the process of implementing a public private partnership project;
4) the principle of effectiveness - the establishment of criteria and indicators to assess the achievement of the results of public private partnerships.
Article 74. The scope of public private partnership and methods for its implementation
A contractual public private partnership is implemented through the conclusion of a public private partnership agreement, including in the following forms:
1) concessions;
2) trust management of state property;
3) property rental (lease) of state property;
4) leasing;
5) contracts concluded for the development of technology, prototyping, pilot testing and small-scale production;
6) life cycle contract;
7) service contract;
8) other contracts corresponding to the features of public private partnership.
Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 No. 86-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 6. SOCIAL RESPONSIBILITY OF ENTREPRENEURSHIP
Article 75. General provisions of the entrepreneurship social responsibility
Unlawful state interference in the affairs of business entities in the implementation of charity is not allowed.
Social responsibility of entrepreneurship can be carried out by business entities through charity and in other forms not prohibited by the legislation of the Republic of Kazakhstan.
Article 76. Social responsibility of entrepreneurship in employment and labor relations
Article 77. Social responsibility of entrepreneurship in the environmental area
1) financing of programs and activities in environmental protection and improvement of streets, parks and other public places;
2) approval of the internal policy in environmental protection;
3) solution of other issues aimed at improving the state of the environment.
Article 78. State guarantees of business entities in the implementation of charity
Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 No. 86-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 79. The interaction between the state and business entities engaged in charity
Chapter 7. STATE REGULATION OF ENTREPRENEURSHIP
Article 80. Objectives and limits of state regulation of entrepreneurship
1) the laws of the Republic of Kazakhstan;
2) decrees of the President of the Republic of Kazakhstan;
3) regulatory resolutions of the Government of the Republic of Kazakhstan;
4) regulatory legal orders of ministers of the Republic of Kazakhstan and other heads of central state bodies and their departments;
5) regulatory legal acts of the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations;
6) normative legal decisions of maslikhats, normative legal decisions of akims, normative legal resolutions of akimats.
Regulatory instruments are the means of influence in relation to entrepreneurs, including the forms and means of state regulation of entrepreneurship, provided for by Article 81 of this Code.
Article 81. Forms and means of state regulation of entrepreneurship
State regulation of entrepreneurship is carried out by:
1) the establishment by regulatory legal acts of the Republic of Kazakhstan of requirements for subjects, as well as products, entrepreneurship processes;
2) state registration of entrepreneurs;
3) the introduction of a permit or notification procedure for the implementation by entrepreneurship of certain types of activities or actions (operations);
4) technical regulation;
5) state regulation of prices and tariffs;
6) compulsory insurance of civil liability of business entities in accordance with the laws of the Republic of Kazakhstan;
7) state control and supervision;
8) protection of competition and restriction of monopolistic activities;
9) state order;
10) the establishment by the laws of the Republic of Kazakhstan of the responsibility of entrepreneurs, officials of state bodies;
10-1) the introduction of information tools;
10-2) the introduction of self-regulation based on compulsory membership (participation) in a self-regulatory organization;
11) other forms and means of state regulation of entrepreneurship established by the laws of the Republic of Kazakhstan.
Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 82. Features of the development and adoption of regulatory legal acts providing for the introduction of regulatory tools or regulatory tightening in relation to entrepreneurs
The regulatory tightening is the establishment of additional requirements, obligations, or other increase in the burden on business entities in connection with the introduction or use of regulatory tools.
At the same time, the requirement to conduct a regulatory impact analysis before and after the introduction of a regulatory instrument or regulatory tightening with regard to business entities does not apply to:
1) regulation of issues to overcome the consequences of accidents, natural disasters and other emergency situations;
2) regulation of weapons and military equipment in circulation, civil and service weapons in circulation and its ammunition, operation with narcotic drugs, psychotropic substances, their analogues and precursors;
3) regulation of the activities of financial organizations and persons that are members of insurance groups and banking conglomerates, as well as draft regulatory legal acts of the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations;
4) introduction of a special currency regime in the event of a threat to the economic security of the Republic of Kazakhstan and the stability of its financial system;
5) draft regulatory legal acts containing information constituting state secrets;
6) making decisions on the establishment of a quarantine zone with the introduction of a quarantine regime in the relevant territory, as well as on the establishment of quarantine or restrictive measures in the event of contagious animal diseases;
7) introduction of legal liability;
8) regulation of issues on countering extremism and terrorism.
The Interdepartmental Commission on the regulation of entrepreneurial activities is a consultative and advisory body under the Government of the Republic of Kazakhstan, created to develop proposals and recommendations on improving the legislation of the Republic of Kazakhstan in entrepreneurship, the main functions of which are following:
1) review the results of the analysis of regulatory impact;
2) consideration and approval of the annual report on the state of regulation of entrepreneurship in the Republic of Kazakhstan;
3) consideration of recommendations of expert groups and decision-making on them;
4) implementation of other functions in accordance with the legislation of the Republic of Kazakhstan.
The Interdepartmental Commission on the regulation of entrepreneurial activities has the right to:
1) interact with central executive and other state bodies and organizations;
2) submit to the Government of the Republic of Kazakhstan proposals and recommendations on the issues of improving the legislation of the Republic of Kazakhstan in entrepreneurship;
3) invite to meetings of the interdepartmental commission on the regulation of entrepreneurial activities and to hear representatives of state bodies and organizations of the Republic of Kazakhstan on issues that are within the competence of the interdepartmental commission on the regulation of entrepreneurial activities;
4) request and receive necessary materials from state bodies and other organizations;
5) form temporary and permanently working expert groups and approve their position.
The requirements of this paragraph do not apply to draft acts of regional importance, as well as to cases provided for in subparagraphs 3) and 4) of paragraph 2 of this article, except for the introduction of a regulatory instrument or regulatory tightening in the concepts of draft laws of the Republic of Kazakhstan and draft laws of the Republic of Kazakhstan.
Acts of regional significance are understood as documents of the State Planning System and regulatory legal acts adopted by local representative and executive bodies, including the akim of the relevant territory.
Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan No. 237-VI dated 18.03.2019 (shall be enforced upon expiry of twenty one calendar days after its first official publication); No. 262-VI dated 03.07.2019 (shall be enforced since 01.01.2020).
Article 83. Regulatory Impact Analysis
The goal of the regulatory impact analysis is to increase the effectiveness and efficiency of public policy in the use of specific regulatory tools through the assessment of alternative regulatory approaches to achieve certain goals or solve well-defined problems.
The analysis of the regulatory impact of the introduced regulatory tools, as well as the existing regulatory tools, is carried out in accordance with the revision plans approved by the regulatory state bodies annually, including taking into account the reasonable proposals of the authorized enterprise body, the National Chamber.
Regarding the documents referred to in subparagraph 6) of paragraph 2 of Article 80 of this Code, the revision plan is approved annually by the local executive body of the region, the city of republican status, the capital, including the reasonable proposals of the regional chamber of entrepreneurs.
Information on non-compliance by state bodies with plans to revise existing regulatory instruments is submitted for consideration by an inter-ministerial commission on entrepreneurship regulation.
The regulatory instrument is subject to cancellation in case of failure to achieve the objectives of state regulation of entrepreneurial activities, declared with its introduction.
At the same time, the analysis of the regulatory impact is carried out by the regulatory state bodies, with the exception of acts of regional significance, in relation to which the regulatory impact analysis is carried out by their developers.
1) considers the results of the regulatory impact analysis and provides an opinion on the compliance of the regulatory authorities, the National Chamber and other stakeholders with the established procedures, with the exception of draft acts of regional importance;
2) in case of disagreement with the findings of the analysis of the regulatory impact, conducts an alternative analysis of the regulatory impact.
1) considers the results of the analysis of the regulatory impact and draws a conclusion on the compliance of the developers of draft acts of regional importance, the regional chamber and other interested parties with the established procedures;
2) in case of disagreement with the findings of the analysis of the regulatory impact, conducts an alternative analysis of the regulatory impact.
The results of the analysis of the regulatory impact are submitted for consideration to the consultative and advisory body under the akimat of the region, the city of republican status, the capital on the issues of an interdepartmental nature, formed in accordance with the Law of the Republic of Kazakhstan "On local government and self-government in the Republic of Kazakhstan", the approval of which is a mandatory condition for introducing a new regulatory instrument or regulatory tightening.
Footnote. Article 83 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after its first official publication).
Article 84. Competence of the Government of the Republic of Kazakhstan in state regulation of entrepreneurship
1) approval of rules for the maintenance and use of the register of entrepreneurs;
1-1) development of the main directions of state policy in state regulation of entrepreneurship;
2) approval of the rules for calculating the average annual number of employees and average annual income;
3) approval of the rules for the development and approval of the annual report on the state of business regulation in the Republic of Kazakhstan.
4) approval of the list of compulsory services provided by natural monopoly entities and quasipublic sector under protection of competition and restriction of monopolistic activities.
In technical regulation:
1) development of the main directions of state policy in technical regulation;
2) the formation of the state system of technical regulation;
3) ensuring legal reform in technical regulation;
4) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
In the area of accreditation in conformity assessment:
1) development of the main directions of state policy in accreditation;
2) approval of the rules for the competition for the choice of the accreditation body and qualification requirements for the accreditation body;
3) determination of the accreditation body in accordance with the rules specified in subparagraph 2) of this part.
Footnote. Article 84 as amended by the Law of the Republic of Kazakhstan No.156-VI dated 24.05.2018 (order of enforcement see Article 2).
Article 85. Authorized body on entrepreneurship and its competence in state regulation of entrepreneurship
1) informs the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan on violations of the legislation of the Republic of Kazakhstan regulating the activities of business entities permitted by state bodies and their officials;
2) coordinates the risk assessment system of state bodies by joint approval of risk assessment criteria, checklists developed by authorized state bodies;
3) develops and approves the forms of checklists;
3-1) interacts with the authorized body in legal statistics and special accounting for the exchange of information on the registration of inspections and preventive control and supervision of the bodies of control and supervision;
4) maintains a register of entrepreneurs;
5) develops rules for maintaining and using the register of entrepreneurs;
6) develops rules for calculating the average annual number of employees and average annual income;
7) develops and approves the rules for conducting and using the analysis of the regulatory impact of regulatory instruments;
8) develops rules for the development and approval of the annual report on the state of business regulation in the Republic of Kazakhstan;
9) provides methodological assistance and coordinates the activities of regulatory state bodies on the implementation of regulatory impact analysis;
10) considers reports of local executive bodies of the region, the city of republican status, the capital, providing leadership in entrepreneurship, on the state of work on the analysis of regulatory impact;
10-1) ensures the activities of the interdepartmental commission on the regulation of entrepreneurial activities;
11) organizes training of civil servants and other persons in the implementation of regulatory impact analysis;
12) conducts an alternative analysis of the regulatory impact;
13) develops a draft annual report on the state of regulation of entrepreneurship in the Republic of Kazakhstan;
13-1) develops and approves the list of information tools;
13-2) conducts a rating of regions and cities for ease of doing business;
13-3) develops and approves a methodology for conducting a rating of regions and cities on the ease of doing business;
14) exercises control in support and protection of private entrepreneurs.
Footnote. Article 85 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 86. Regulatory state bodies and their competence in state regulation of entrepreneurship
1) public authorities exercising leadership in a particular industry or sphere of public administration in which state control and supervision is exercised;
2) public authorities exercising leadership in a particular industry or sphere of public administration, in which a regulatory instrument has been introduced or is planned to be introduced.
1) implementation of state policy in state control and supervision in the relevant industry (sphere) in which state control and supervision is carried out;
2) approval within its competence of the regulatory legal acts provided for by paragraphs 2 and 3 of Article 141, paragraph 1 of Article 143 of this Code, as well as semi-annual schedules for conducting inspections;
3) organization of state control and supervision in accordance with the laws of the Republic of Kazakhstan;
4) monitoring the effectiveness of state control and supervision;
4-1) consideration of proposals of the authorized body in legal statistics and special accounting to improve the conduct of state control and supervision and decision-making, including by amending and supplementing the regulatory legal acts of the Republic of Kazakhstan;
5) performing other functions stipulated by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
1) submission to the authorized body on entrepreneurship of reports on the status of regulation of entrepreneurial activities;
2) the exercise of other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 86 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 87. Bodies of control and supervision and their competence in state regulation of entrepreneurship
1) implementation of state policy in state control and supervision in the relevant field;
2) development within its competence of the regulatory legal acts provided for by paragraphs 2 and 3 of Article 141, paragraph 1 of Article 143 of this Code, as well as semi-annual schedules for conducting inspections;
3) carrying out state control and supervision in accordance with the laws of the Republic of Kazakhstan;
4) monitoring the effectiveness of state control and supervision;
5) making proposals for improving the conduct of state control and supervision;
6) implementation of other functions stipulated by this Code and other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 88. Competence of the antimonopoly authority in state regulation of entrepreneurship
Footnote. Chapter 19 is excluded by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017).
Article 89. Competence of other state bodies in state regulation of entrepreneurship
State bodies within their competence in state regulation of entrepreneurship:
1) participate in the formation and implementation of state policy in state regulation of entrepreneurship;
2) exercise other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 90. Competence of local executive bodies in state regulation of entrepreneurship
Local executive bodies of the Republic of Kazakhstan carry out:
1) within its competence, the approval of the maximum permissible retail prices for socially important food products and state control over the observance of the size of the maximum permissible retail prices for socially important food products;
2) permitting procedures, gaining notifications in accordance with the legislation of the Republic of Kazakhstan on permits and notifications;
2-1) conducting an alternative analysis of regulatory impact;
2-2) submission to the authorized body for business reports on the status of work on the analysis of regulatory impact;
3) in the interests of local government, other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Chapter 7-1. Antimonopoly authority and its powers
Footnote. The Code is supplemented by Chapter 7-1 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VІ (the order of enforcement, see Art. 2).
Article 90-1. Antimonopoly authority system
Article 90-2. Objectives of the antimonopoly authority
The objectives of the antimonopoly authority are:
1) promoting the development of fair competition;
2) prevention, detection and investigation, suppression of violations of the legislation of the Republic of Kazakhstan in protection of competition;
3) regulation of economic concentration;
4) demonopolization of market entities that restrict competition.
Footnote. Article 90-2 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 90-3. Management of the antimonopoly authority
The management of the antimonopoly authority is carried out by the head of the department.
Article 90-4. Interaction of the antimonopoly authority with the antimonopoly authorities of other states
Article 90-5. The interaction of antimonopoly and law enforcement agencies
1) informs the law enforcement authorities on the revealed facts of offenses in protection of competition;
2) upon request of law enforcement agencies, provides analytical information on the state of competition in commodity markets;
3) within its competence, conducts, upon request of law enforcement bodies, expert examinations and gives opinions on the legislation of the Republic of Kazakhstan in competition protection;
4) according to resolutions and requests of law enforcement agencies, their territorial subdivisions, as experts, send their employees to participate in legal proceedings and measures to investigate violations of the legislation of the Republic of Kazakhstan in competition protection.
1) inform the antimonopoly authority of the identified violations of the legislation of the Republic of Kazakhstan in protection of competition;
2) upon requests and appeals of the antimonopoly authority:
send employees to conduct joint activities to investigate violations of the legislation of the Republic of Kazakhstan in protection of competition, as well as to prevent unlawful actions that impede the performance of official obligations by employees of the antimonopoly body;
take measures to establish the locations of violators of the legislation of the Republic of Kazakhstan in protection of competition and their delivery to the antimonopoly body for bringing to administrative responsibility in accordance with the written requests of the antimonopoly body in the manner established by the Code of Administrative Offenses of the Republic of Kazakhstan;
in accordance with the procedure established by the Criminal Procedure Code of the Republic of Kazakhstan, make decisions on conducting a pre-trial investigation on materials submitted by the antimonopoly authority with signs of criminal anticompetitive actions, which the antimonopoly authority is informed of;
provide practical assistance to the antimonopoly authority in detecting and securing evidence of violations of the legislation of the Republic of Kazakhstan in competition protection.
Article 90-6. Competence of the antimonopoly authority
Antimonopoly authority:
1) executes the implementation of state policy in protection of competition and restriction of monopolistic activities;
2) carries out inter-sectoral coordination of state bodies and other organizations in competition protection and restriction of monopolistic activities;
3) carries out international cooperation on the protection of competition and the restriction of monopolistic activities;
4) exercises state control over compliance with the legislation of the Republic of Kazakhstan in protection of competition;
5) suppresses acts, actions (inaction) of state and local executive bodies, organizations endowed with state functions of regulating the activities of market entities, aimed at restricting and (or) eliminating competition;
6) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication);
6-1) considers applications for consent for economic concentration;
7) warns and eliminates abuses of the dominant or monopolistic position in the relevant product market, with the exception of violations stipulated by the legislation of the Republic of Kazakhstan on natural monopolies;
7-1) develops and approves the rules for provision of compulsory services by natural monopoly entities and the quasipublic sector under protection of competition and restriction of monopolistic activities;
8) prevents and suppresses anticompetitive agreements and concerted actions of market entities, unfair competition;
9) coordinates regulatory legal acts in competition protection, restrictions on monopolistic activities and the functioning of commodity markets;
10) disseminates information on the application of the norms of the legislation of the Republic of Kazakhstan in protection of competition and promotion of fair competition;
11) analyzes the state of competition in commodity markets;
12) carries out the analysis and monitoring of the activities of market entities that hold a dominant or monopolistic position in the relevant product market;
13) approves methods for analyzing the state of competition in the commodity market with the definition of criteria for the interchangeability of goods, the availability of their purchase, as well as the boundaries of the commodity market, in relation to financial organizations - in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;
14) develops and approves a methodology for analyzing socially significant markets;
15) develops and approves methods for conducting a survey of commodity markets in which state-owned enterprises and legal entities will be created, where more than fifty percent of shares (shares in the authorized capital) owned by the state, and legal entities affiliated with them and (or) carried out by them activities in relation to state enterprises and legal entities, where more than fifty percent of the shares (shares in the authorized capital) owned by the National Bank of the Republic of Kazakhstan, and legal entities affiliated with them - in coordination with the National Bank of the Republic of Kazakhstan;
16) develops and approves a methodology for assessing the economic concentration in commodity markets;
17) develops and approves a methodology for assessing economic concentration in financial markets in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;
18) reveals a monopoly high (low), monopsony low price set by a dominant or monopolistic market entity;
19) approves methods for identifying monopoly high (low) and monopsony low prices;
20) conducts investigations into the facts of violation of the legislation of the Republic of Kazakhstan in protection of competition by market entities, state, local executive bodies, organizations, which are vested with the state functions of regulating the activities of market entities, in the manner established by this Code;
21) requests and receives, in accordance with the procedure established by the laws of the Republic of Kazakhstan, from state bodies, including the authorized body in state statistics, state revenue bodies, market subjects, as well as officials and other individuals and legal entities, information necessary for the exercise of authority, provided for by this Code, including information constituting commercial and other secrets protected by law, with the exception of bank secrets, insurance secrets and trade secrets in the market securities;
22) issues to the market entities binding instructions on:
stopping violations of the norms of this Code and (or) eliminating their consequences;
restoration of the original position;
termination or amendment of contracts contrary to this Code;
the need to cancel transactions by canceling or invalidating them when regulating economic concentration;
entering into an agreement with another market entity in the event that the violation is an unreasonable refusal or evasion of concluding an agreement with certain sellers (suppliers) or buyers;
23) makes to the state, local executive bodies, organizations vested with the state functions of regulating the activities of market entities, binding instructions to repeal or amend the acts adopted by them, eliminate violations, as well as cancellation, cancellation or amendment of agreements and transactions concluded by them, and the performance of actions aimed at ensuring competition;
24) considers cases on administrative offenses and imposes administrative penalties in the manner established by the Code of the Republic of Kazakhstan on Administrative Offenses, participates in a court to hear cases on violations of the legislation of the Republic of Kazakhstan in competition protection;
25) sends to law enforcement agencies materials for conducting a pre-trial investigation on the grounds of criminal offenses related to violation of the legislation of the Republic of Kazakhstan in protection of competition;
26) annually, not later than June 1, sends to the President of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan an annual report on the state of competition in certain commodity markets and measures taken to limit monopolistic activities, and also places it on its Internet resource;
27) annually, not later than January 5 of the year following the reporting year, sends to the Government of the Republic of Kazakhstan proposals for the transfer into the competitive environment of state-owned enterprises, legal entities, where more than fifty percent of shares (shares in the authorized capital) owned by the state, and legal entities affiliated with them persons, and proposals for updating the list of activities carried out by legal entities, more than fifty percent of shares (shares in the authorized capital) owned by the state, and legal entities affiliated with them;
28) provides informational openness of the state policy in protection of competition and restriction of monopolistic activities, including quarterly not later than the fifteenth day of the month following the reporting period, places information about its activities in the media, including on its Internet resource;
29) examines the prices of goods produced and (or) sold by a state monopoly entity;
30) in the manner prescribed by the legislation of the Republic of Kazakhstan, shall apply to law enforcement agencies to conduct operational search activities;
31) sends to the official of the market entity, the state, local executive body, the organization vested with the state functions of regulating the activities of market entities, a written warning about the inadmissibility of an action (inaction) that may lead to violation of the legislation of the Republic of Kazakhstan in competition protection;
32) places on its Internet resource an analysis of the state of competition in commodity markets, with the exception of information containing state secrets and other secrets protected by law;
33) sends to market entities, state, local executive bodies, organizations vested with state regulatory functions of market entities, notification of the presence in the actions (inaction) of the market entity, state, local executive body, organization endowed with state regulatory functions of market entities, signs violations of the legislation of the Republic of Kazakhstan in protection of competition;
34) gives an official explanation of the regulatory legal acts in protection of competition, adopted by the antimonopoly authority;
35) develops and approves the rules for reviewing draft agreements of market entities for compliance or non-compliance with the requirements of the legislation of the Republic of Kazakhstan in competition protection;
36) develops and approves standard external acts of antimonopoly compliance for market entities;
37) establishes the compliance of the external act of antimonopoly compliance sent by the market entity (market entities) with the norms of the legislation of the Republic of Kazakhstan in the field of competition protection;
38) places on its Internet resource information on the results of investigations of violations of the legislation of the Republic of Kazakhstan in competition protection, decisions of the antimonopoly authority;
39) submits claims to the court for termination, amendment of contracts and (or) invalidation of transactions contrary to this Code;
39-1) forms and maintains the state register of subjects of state monopoly;
40) exercises other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 90-6 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (order of enforcement see Article 2); No. 262-VI dated 03.07.2019 (shall be enforced since 01.01.2020); No. 268-VI dated October 28, 2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 90-7. Rights of the antimonopoly authority
In the performance of their official duties, including consideration of applications for violation of the legislation of the Republic of Kazakhstan in the field of competition protection, investigation of cases of violation of the legislation of the Republic of Kazakhstan in the field of competition protection, regulation of economic concentration and determination of the state of the level of competition, in accordance with their assigned powers upon presentation of their service certificates or identification cards and the decision of the antimonopoly body to investigate violations of the legislation of the Republic of Kazakhstan in the field of competition protection, employees of the antimonopoly body shall have the right:
1) to obtain unhindered access to the premises and the territory of state bodies and market entities in compliance with the requirements of the legislation of the Republic of Kazakhstan;
2) to request and receive written information within the deadlines set by the antimonopoly authority, which can not be less than five working days, from state, local executive bodies, market entities, officials and other individuals and legal entities, as well as written and (or) oral explanations on the facts of violations of the legislation of the Republic of Kazakhstan in protection of competition;
3) to exercise other powers established by the legislation of the Republic of Kazakhstan.
Footnote. Article 90-7 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication); No. 273-VI dated November 26, 2019 (shall be enforced upon the expiration of six months after the day of its first official publication).
Article 90-8. Ensuring compliance with commercial, official and other secrets protected by law
Chapter 8. STATE SUPPORT OF PRIVATE ENTREPRENEURSHIP
Article 91. The concept of state support of private entrepreneurship
The state support of private entrepreneurship is understood as a complex of state measures to stimulate the development of private entrepreneurship, the creation of favorable legal and economic conditions for the implementation of entrepreneurial initiatives in the Republic of Kazakhstan.
Article 92. The main directions of state support for private entrepreneurship
1) small-sized and medium-sized business entitieship;
2) agro-industrial complex and non-agricultural types of entrepreneurial activities in rural areas;
3) industrial-innovative activities;
4) special economic zones;
4-1) industrial areas;
5) investment activities;
6) entrepreneurship of domestic manufacturers of goods;
7) housing.
Footnote. Article 92 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017); No. 243-VІ dated 03.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 93. General types of state support for private entrepreneurship
1) financial and property support;
2) infrastructure support;
3) institutional support, consisting in the creation and development of financial institutions for the support and development of private entrepreneurship, research institutes under state bodies for studying problems and developing proposals for the development of private entrepreneurship;
4) information support, which consists in information-analytical, educational and methodological, scientific and methodological support of private entrepreneurship.
Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 04.07.2018 No. 174-VІ (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 94. Financial and property support for private entrepreneurship
1) purchase of a guaranteed volume of goods (works, services);
2) provision of loans at the expense of budget funds;
3) credit organizations through second-tier banks, national development institutions and other legal entities in accordance with the legislation of the Republic of Kazakhstan;
4) issuance of state grants for the organization and implementation of socially significant projects in sectors of the economy;
5) subsidizing interest rates on loans issued and leasing transactions made by second-tier banks, the Development Bank of Kazakhstan and other legal entities engaged in leasing activities, private entrepreneurs;
5-1) subsidizing interest rates on loans issued by second-tier banks to private business entities for housing construction in the manner determined by the authorized body for architecture, urban planning and construction;
6) subsidizing interest rates on microloans issued by microfinance organizations to private entrepreneurs;
6-1) subsidizing the rate of coupon interest on bonds issued by private business entities in accordance with the legislation of the Republic of Kazakhstan and included in the list of the stock exchange operating in the Republic of Kazakhstan;
7) reimbursement and (or) subsidization of expenses and (or) costs;
8) partial guaranteeing of loans from private entrepreneurships;
9) leasing;
10) provision of other measures of financial and property support to private entrepreneurship established by this Code and the legislation of the Republic of Kazakhstan.
Footnote. Article 94 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 No. 34-VI (shall be enforced from 01.01.2017); of 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after its first official publication).
Article 95. Special fund for private entrepreneurship development
The main goal of the special fund is to promote the quality development of private entrepreneurship in the Republic of Kazakhstan through the provision of financial and non-financial support for private entrepreneurship.
The main objectives of the special fund are:
1) development of microfinance organizations;
2) creation of a system of guaranteeing private business entities when they receive loans from second-tier banks and other legal entities;
3) development of financial leasing;
4) training and consulting on the implementation of private entrepreneurship, including financial and property support for private entrepreneurship;
5) informational and analytical support on issues of private entrepreneurship;
6) financing of private business entities through conditional placement of funds in second-tier banks and other legal entities, as well as by other means expressly provided for by the legislation of the Republic of Kazakhstan;
7) subsidizing interest rates on loans issued and leasing transactions made by second-tier banks, the Development Bank of Kazakhstan and other legal entities engaged in leasing activities, private entrepreneurs;
7-1) subsidizing the rate of coupon interest on bonds issued by private business entities in accordance with the legislation of the Republic of Kazakhstan and included in the list of the stock exchange operating in the Republic of Kazakhstan;
8) promotion of private entrepreneurship ideas;
9) monitoring the implementation of programs to support private entrepreneurs;
10) other objectives in accordance with the statute of the special fund.
Footnote. Article 95 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 96. Informational support for private entrepreneurship
1) organizing training seminars and scientific conferences for the development of private entrepreneurship;
2) the organization of foreign internships;
3) the distribution of teaching aids, information bulletins on the practice of private entrepreneurship, the market for new technologies;
4) creation of a network of information and consulting centers in the regions;
5) provision of consulting, informational, legal, marketing, and other services;
6) facilitating the transfer of advanced foreign technologies;
7) service informational support in the promotion of domestic goods (works, services) for export;
8) training managers to organize training for small-sized business entitieship in the regions.
1) on state and other programs aimed at supporting private business entities and their implementation;
2) on the number of private business entities with a classification by kinds of economic activities;
3) on organizations forming the infrastructure to support private entrepreneurs, the conditions and procedure for providing support to private business entities by such organizations;
4) on measures of financial support for private entrepreneurs;
5) on results of the analysis of the business environment, investment climate and infrastructure for the development of private entrepreneurship;
6) on the concepts of draft laws and draft regulatory legal acts aimed at providing support for the development of private entrepreneurship;
7) other information necessary for the development of private business entities provided for by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 97. Infrastructure support for private entrepreneurship
Infrastructure support for private entrepreneurship is provided for through the creation and development of an infrastructure to support private entrepreneurship, which refers to a complex of established or existing organizations that provide general conditions for the operation and development of private entrepreneurship, including assistance in organizing their own business, providing information in law, marketing, engineering and management, support in providing logistical, financial and other resources to commercial basis.
The infrastructure support for private entrepreneurship includes business support centers, business incubators and elements of industrial innovation infrastructure.
Footnote. Article 97 as amended by the Law of the Republic of Kazakhstan dated 04.07.2018 No. 174-VІ (shall be enforced upon the expiry of ten calendar days after its first official publication).
Article 98. Competence of the Government of the Republic of Kazakhstan in state support and development of private entrepreneurship
In state support and development of private entrepreneurship:
1) develops the main directions of state policy in support and development of private entrepreneurship;
2) forms the state system of support for private entrepreneurship;
3) determines the procedure for rendering state support for private entrepreneurship;
4) forms and abolishes consultative and advisory bodies under the Government on issues of private entrepreneurship;
5) organizes consideration by expert councils of draft regulatory legal acts, draft international treaties of the Republic of Kazakhstan, as well as international treaties developed by central state, local representative and executive bodies, which the Republic of Kazakhstan intends to become, affecting the interests of private entrepreneurs;
6) is excluded by the Law of the Republic of Kazakhstan No. 202-VI dated 26.12.2018 (shall be enforced from 01.01.2019);
7) approves the rules for providing small-sized and medium-sized business entities with property lease (rent) or trust management of unused state-owned facilities and land plots occupied by them for organizing production activities and developing the services sector to the population with subsequent gratuitous transfer to ownership;
8) determines and implements the state policy that stimulates the creation and improvement of competitive industries, the development of private entrepreneurship and the improvement of the quality of their products;
9) develops regulatory legal acts promoting the development of competition and stimulation of investments in innovations, tangible assets, as well as long-term investments;
10) stimulates the creation of clusters in individual sectors of the economy;
11) conducts an analysis of the functioning of industries in order to remove obstacles to the development of private entrepreneurs;
12) creates national development institutions in order to increase investment and accelerate the introduction of innovations into the economy of the Republic of Kazakhstan;
13) carries out temporary protection of individual sectors of customs-tariff and non-tariff methods with the creation of conditions for the development of competition between private business entities in these sectors;
14) takes measures to eliminate barriers established by another country in relation to national exporters;
15) encourages private business entities to conduct a coherent export policy;
16) organizes the provision of economic information about the state of domestic and foreign markets to private entrepreneurs;
17) creates conditions for improving the competitiveness of national products by encouraging the implementation of quality management systems;
18) creates conditions for external demand by lobbying the interests of national exporters in other countries;
19) interacts with the National Chamber and associations of private business entities and employers;
20) creates research organizations, funds fundamental and applied research to solve problems of the industry or clusters;
21) develops measures to involve socially vulnerable groups of the population in private entrepreneurship;
22) approves the rules for the accreditation of associations of private entrepreneurs;
23) approves the model regulations on expert councils on entrepreneurship.
In support for industrial innovation:
1) develops the main directions of the state policy in state support for industrial innovation activities and organizes their implementation;
2) determines the priority sectors of the economy;
3) approves the list of national development institutions and other legal entities, fifty and more percent of voting shares (shares in the authorized capital) of which are directly or indirectly owned by the state, authorized to implement measures of state support for industrial and innovative activities;
4) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication);
5) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication);
6) forms the Coordination Council on accelerated industrial-innovative development under the Government of the Republic of Kazakhstan and approves its position and composition;
7) determines the order of inclusion of projects in the map of industrialization and maps of entrepreneurship support regions.
Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 No. 86-VI (shall be enforced upon the expiry of ten calendar days after its first official publication); dated 24.05.2018 No. 156-VI (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication); No. 202-VI dated 26.12.2018 (shall be enforced from 01.01.2019).
Article 99. Competence of the authorized body on entrepreneurship in state support and development of private entrepreneurship
Entrepreneurial authority:
1) implements the state policy on the development and state support for private entrepreneurship;
2) organizes and coordinates the implementation of state measures to support small-sized and medium-sized business entities;
3) develops proposals for improving measures for financing and lending to private entrepreneurship entities;
4) analyzes the business environment, investment climate and infrastructure for the development of private entrepreneurship;
5) develops regulatory legal acts providing support and development of private entrepreneurship;
6) contributes to the formation and development of infrastructure of small-sized and medium-sized business entities in the regions of the republic;
7) creates conditions for the participation of small-sized and medium-sized business entities in the implementation of documents of the State Planning System of the Republic of Kazakhstan in innovation, investment and industrial development;
8) creates conditions for investors, international organizations, grantors in the support and development of private entrepreneurship;
9) organizes methodological assistance to private entrepreneurs;
10) creates conditions for the entry of private entrepreneurship into international markets of goods, works, services;
11) carries out international cooperation in private entrepreneurship development;
2) promotes public policy for the development and support of private entrepreneurship;
13) exercise other powers provided for by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 100. Authorized body in state support for industrial and innovative activities and its competence in state support for private entrepreneurship
1) participates in the formation and implementation of state policy in state support for industrial and innovative activities;
2) formulate a policy for the development of local content in industrial innovation;
3) carries out planning, monitoring, stimulation, development of the industrial-innovative system;
4) annually provides the Government of the Republic of Kazakhstan with information on the effectiveness of state support measures for industrial innovation activities;
5) develops and approves the rules for the examination of local content;
6) develops a single "road-map" of priority goods and services;
7) develops an industrialization map;
8) determines the priority areas for the provision of innovative grants;
9) develops a regulation on the Coordination Council on accelerated industrial-innovative development under the Government of the Republic of Kazakhstan and makes proposals to the Government of the Republic of Kazakhstan on the formation of its composition;
10) forms the Technology Policy Council and approve its position and composition;
11) coordinates strategies and development plans of legal entities, where fifty and more percent of voting shares (shares in the authorized capital) owned by the state, legal entities affiliated with them, national managers of holdings (except for the National Wealth Fund), national holdings, national companies ( with the exception of national companies belonging to the group of the National Wealth Fund) and legal entities affiliated with them in terms of the development of technologies and innovations;
12) develops and approves the rules for the operation of design offices;
13) develops and approves the rules for reimbursement of part of the costs of subjects of industrial and innovative activities to promote domestic processed goods;
14) develops and approves the list of domestic processed goods, for which the costs of their promotion are partially reimbursed;
15) develops the procedure for the inclusion of projects in the map of industrialization and maps of entrepreneurship support regions;
16) develops and approves the rules for the provision of innovative grants for technology commercialization;
17) develops and approves the rules for the provision of innovative grants for the technological development of industries;
18) develops and approves the rules for the provision of innovative grants for the technological development of existing enterprises;
19) develops and determines the procedure for payment for the services of the national development institute in technological development in the provision of innovative grants;
20) develops the procedure for the formation and maintenance of a database of goods, works, services and their suppliers;
21) develops rules for reimbursement of part of the costs of subjects of industrial and innovative activities for the promotion of goods, works and services in the domestic market;
22) determines the operators carrying out state support of industrial and innovative activities;
22-1) develops and approves the powers of operators providing state support for industrial and innovative activity;
23) develops and approves the procedure for the competitive selection of territorial clusters;
24) develops and approves the rules for the provision of state support to the subjects of industrial innovation aimed at increasing labor productivity and the development of territorial clusters;
24-1) develops and approves the rules and conditions of the conclusion, as well as the grounds for amendment and termination the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan and its standard form;
24-2) within the limits of their competence, develops and promotes non-commodity exports;
24-3) coordinates the work of the sectoral state bodies of the Republic of Kazakhstan on the development and promotion of non-primary exports;
24-4) interacts with sectoral state bodies of the Republic of Kazakhstan on the development and promotion of non-primary exports;
24-5) develops and approves regulatory legal acts on the promotion of non-primary exports;
24-6) develops and approves measures to promote exports, taking into account the international obligations of the Republic of Kazakhstan;
24-7) coordinates industry programs in non-primary exports;
24-8) provides and bears responsibility for the implementation and execution of state programs within the competence;
25) exercise other powers provided for by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 100 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); dated 24.05.2018 No. 156-VI (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication); No. 184-VI dated 05.10.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 243-VІ dated 03.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 101. The central authorized body on the state planning and its competence in state support for private entrepreneurship
1) participates in the formation and implementation of state policy in state support for industrial and innovative activities;
2) makes proposals to the Government of the Republic of Kazakhstan on the determination of priority sectors of the economy;
3) coordinates the provision of qualified human resources and employment regulation in industrial and innovative activities;
4) evaluates the effectiveness of the industrial innovation system;
5) coordinates the strategies and development plans of legal entities, where fifty and more percent of voting shares (shares in the authorized capital) belong to the state, legal entities affiliated with them, national managers of holdings (except for the National Wealth Fund), national holdings, national companies ( with the exception of national companies belonging to the National Welfare Fund group) and legal entities affiliated with them for compliance with the objectives of industrial and innovative th development;
6) exercises other powers provided for by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 101 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 102. Authorized body in regulation of foreign trade activities and its competence in state support for private entrepreneurship
1) interacts with the investigating authority on issues of special protective, anti-dumping and countervailing measures;
2) submits to the body conducting the investigations proposals for initiating investigations preceding the use of special protective, anti-dumping and countervailing measures;
3) coordinates the work of state agencies of the Republic of Kazakhstan on issues of special protective, anti-dumping and countervailing measures;
4) forms and adjusts with interested state agencies of the Republic of Kazakhstan the proposals on issues of special protective, anti-dumping and countervailing measures;
5) develops regulatory legal acts on issues of special protective, anti-dumping and countervailing measures;
6) interacts with official bodies of other countries and international organizations;
7) exercise other powers provided for by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 102 as amended by the Law of the Republic of Kazakhstan No. 241-VI dated 02.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 103. Competence of other state bodies in support of industrial and innovative activities
State bodies within their competence in support for industrial innovation:
1) participate in the formation and implementation of state policy in state support of industrial and innovative activities;
1-1) carry out, within their competence, the promotion of non-resource export;
2) make proposals to the central authorized state planning body to identify priority sectors of the economy;
3) provide information to the authorized body in state support for industrial and innovative activities on the implementation of measures of state support for industrial and innovative activities;
3-1) provide information to the authorized body in state support for industrial and innovative activities on the promotion of non-resource export;
3-2) develop, within their competence, measures to promote non-commodity exports, taking into account the international obligations of the Republic of Kazakhstan;
3-3) ensure and bear responsibility for the implementation and execution of state programs, within their competence;
4) submit to the authorized body in state support for industrial and innovative activities proposals for identifying priority areas for the provision of innovative grants;
5) exercise other powers stipulated by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 103 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Article 104. Competence of other state bodies in state support for private entrepreneurship
State bodies, within their competence, in state support of private entrepreneurship:
1) participate in the formation and implementation of state policy in state support for private entrepreneurship;
2) exercise other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 105. Competence of local executive bodies in state support and development of private entrepreneurship
1) implement the state policy of support and development of private entrepreneurship;
2) create conditions for the development of private entrepreneurship;
3) ensure and bear responsibility for the implementation and execution of state programs in the regions;
4) ensure the creation and development in the region of infrastructure facilities to support small-sized and medium-sized business entities and innovation activities;
5) determine the strategy for the development of relations between local executive bodies and associations of private entrepreneurs, the National Chamber and market infrastructure facilities;
6) organize the activities of expert councils;
7) provide state support for private entrepreneurship at the local level;
8) organize education, training, retraining and advanced training of specialists and personnel for small-sized and medium-sized business entities;
8-1) carry out, within their competence, the promotion of non-oil exports;
8-2) create conditions, within their competence, for the development of non-resource export;
8-3) carry out the development of national and territorial clusters;
9) carry out in the interests of local government other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
1) participate in the formation and implementation of state policy in state support for industrial and innovative activities in the relevant territory;
2) develop and approve business support cards of the regions with the participation of regional chambers of entrepreneurs;
3) have the right to provide methodological, consulting, practical and other assistance to the elements of the industrial innovation infrastructure, the subjects of the industrial innovation system, carrying out state support for industrial innovation activities;
4) make proposals to the central authorized body for state planning on determining the priority sectors of the economy;
5) collect, analyze and provide information to the authorized body in state support for industrial and innovative activities on local content in the procurement of organizations in accordance with the list approved by the Government of the Republic of Kazakhstan in the form and within the deadlines established by the legislation of the Republic of Kazakhstan;
6) provide information to the authorized body in state support for industrial and innovative activities on the implementation of measures of state support for industrial and innovative activities;
7) shall have the right to create and (or) participate in the authorized capital of legal entities whose main activity shall be aimed at developing innovations and attracting investments;
8) carry out, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 105 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon the expiry of ten calendar days after the date of its first official publication); No. 243-VІ dated 03.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).
SECTION 3. FORMS AND MEANS OF GOVERNMENTAL REGULATION OF ENTREPRENEURSHIP
Chapter 9. PERMITS AND NOTIFICATIONS
Article 106. State regulation in permits and notifications
State regulation in permits and notifications consists in the introduction of a permitting or notification procedure for business entities to carry out certain types of activities or actions in accordance with this Code and the Law of the Republic of Kazakhstan on Permits and Notifications.
Article 107. Hazard levels of a regulated activities or actions (operations)
1) permits of the first category - licenses that are entered in relation to the types (subtypes) of the activities or actions (operations) associated with a high level of danger;