The deputies of the Mazhilis and the National Chamber of Entrepreneurs offer to introduce the institute of pre-trial settlement in the area of ​​environmental and sanitary-epidemiological control

One of the developers of the concept of the law "On amendments and additions to some legislative acts of Kazakhstan on the elimination of administrative barriers" Mazhilis deputy Amanzhan Zhamalov presented it at the meeting of the Interdepartmental Commission of the Ministry of Justice of Kazakhstan.

Amanzhan Zhamalov said that the aim of the new document is to improve the conditions for entrepreneurial activity. The draft law suggests a number of amendments, including the introduction of the institute of pre-trial settlement of disputes in the field of environmental and sanitary-epidemiological control.

"The draft law is based on the analysis of business applications on matters related to their activities; proposals submitted to the working group to review the draft laws within 100 steps by V convocation of Mazhilis of the Parliament, but which were overlooked because of the limited period of the adoption of these draft laws and the need for more careful study, as well as proposals aimed at addressing conflicts in the legislation, which regulate business activities, identified during law enforcement. In addition, proposals concerning the introduction of the institution of pre-trial settlement of disputes within the framework of the authorized bodies in the sphere of state environmental control and sanitary-epidemiological surveillance were taken into consideration and proposals for the removal of administrative barriers in terms of state control and supervision in the Republic of Kazakhstan", - said Amanzhan Zhamalov.

According to him, the introduction of the institute pre-trial settlement will improve the quality assurance of the legality and validity of decisions made by public authorities on the audit results and thus will form a constructive interaction between the subjects of inspection and the inspection body.

In addition, the new mechanism will allow us to respond to violations of the officials carrying out checks identified in dealing with complaints, and generalization of the results and the elimination of inter-errors will enhance the quality of management and reduce the number of complaints on the results of inspections.

"Moreover, the pre-trial regulation of disputes have a positive impact on the investment climate, the image of the authorized body, and will also help to reduce the load on the judicial system", - said the deputy of the Mazhilis.

In addition to the introduction of the institute of pre-trial regulation, the draft law assumes in the field of environmental regulation to solve the waste disposal problem. According to the deputy, the current version of the Environmental Code does not provide for recycling of production waste into secondary raw materials. The amendment is aimed at encouraging companies to continue to use the production of waste and reduce the volume of their education, which will benefit the state of the environment.

In the field of regulation of the activities of SME, the document suggests to solve the problem of categorizing businesses by the criterion of "the average number of employees". According to the developers, the division of businesses into categories based on the criterion of the average number of employees has negative consequences on business, such as the decrease in the volume of state support, the need for delivery of additional forms of tax and other reports, the increase in the number of inspections by government agencies in connection with the allocation to the subjects of medium and large entrepreneurship, etc. In this regard, employers are trying not to increase the staff of workers and do not create new jobs unless absolutely necessary.

After hearing the report, the committee members asked a number of questions. For example, they wanted to know whether the institution is mandatory or voluntary, on what the deputy said that he will work only in case of disputes on the results of inspections.

In this case, the participants of the meeting noted the need to regulate in detail the mechanism of the Institute of appeal to a higher official and the appeal commission.

Deputy Chairman of the National Chamber of Entrepreneurs of Kazakhstan "Atameken" Rustam Zhursunov stressed that the development of the draft law, aimed at the elimination of administrative barriers and the introduction of the institution of pre-trial settlement of disputes, stems from the order given by the Prime Minister at the Congress of NCE in July this year, as well as a number of orders the first vice-minister of the Republic of Kazakhstan.

"There is a number of instructions of the Prime Minister and First Deputy Minister of this innovation, proposed for consideration to the committee members. We together with the Ministry of Energy and Ministry of national economy worked through these issues, the principal observations we haven’t heard yet. The only question was, in what legal act to regulate this, but the Ministry of Justice submitted its proposals", - said Rustam Zhursunov.

The chair of the meeting - the Minister of Justice Marat Beketayev made a conclusion of the discussion. In general, he supported the concept of the draft law.

"Indeed, it is aimed at protecting an entrepreneur. Today, the order of appeal against the actions of an official are quite difficult. There are problems with collection of evidence, state duties, and not every entrepreneur can agree to this. Therefore, as one of the speakers pointed out, though there is a very small number of the appealed action, this is not a criterion for all actions of officials comply with all provisions of the law, but rather, it is something that not every entrepreneur has access to judicial review. Therefore, introduction of the institute of pre-trial appeal - is necessary. For the first time, and I have long been involved in the meetings of the IAC, we see that these are isolated instances, when we see inspection bodies responsible for the violation of the procedure of inspection. Therefore, such rules, it is necessary to start at least with the protection of business, and conceptually support it", - summed up Marat Beketayev.