LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 12, 2021 No. 15-VІI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rule-making enhancement

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, 20-III, Art. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-I, Art. 62, 65; No. 8-II, Art. 72; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 9, Art. 21; No. 14, Art. 50, 51; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 108; No. 24-I, Art. 118; No. 24-II, Art. 123, 124; 2020, No. 9, Art. 33; No. 10, Art. 39, 44; No. 11, Art. 59; No. 12, Art. 61; No. 13, Art. 67; No. 14, Art. 68; No. 16, Art. 77; The Law of the Republic of Kazakhstan of December 19, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering services in provision of personnel", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 20, 2020; The Law of the Republic of Kazakhstan of December 30, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning technical regulation, entrepreneurship, enhancement of system of public administration and payments", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 31, 2020; The law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning recovery of economic growth", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021; The Law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021; The Law of the Republic of Kazakhstan of January 5, 2021 "About modification of some legal acts of the Republic of Kazakhstan concerning cotton industry and recognition voided the Law of the Republic of Kazakhstan "About development of cotton industry", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 6, 2021):

1) in table of contents:

to state heading of Article 14 in the following edition:

"Article 14. Presumption of conscientiousness of subjects of entrepreneurship and cross liability of the state and subjects of entrepreneurship";

66, 67 and 68 to exclude headings of Articles;

The subitem 11) of Item 2 of Article 3 to state 2) in the following edition:

"11) presumption of conscientiousness of subjects of entrepreneurship and cross liability of the state and subjects of entrepreneurship;";

3) in Article 14:

state heading in the following edition:

"Article 14. Presumption of conscientiousness of subjects of entrepreneurship and cross liability of the state and subjects of entrepreneurship";

state Items 3 and 4 in the following edition:

"3. In the course of state regulation of entrepreneurship in case of execution by subjects of entrepreneurship of the obligations or realization of the rights granted to them under the law conscientiousness of their actions is supposed.

The subject of entrepreneurship is also considered fair if in case of realization of the rights, legitimate interests and (or) fulfillment of duties it was guided by the official explanation of state body made within its competence fixed according to the legislation of the Republic of Kazakhstan including if such explanation was withdrawn afterwards, acknowledged wrong or other is made new, in sense explanation concerning the same regulatory legal act which content did not change.

The losses caused to the subject of entrepreneurship as a result of the publication of the act of state body which is not corresponding to the legislation of the Republic of Kazakhstan and also actions (failure to act) of officials of these bodies, are subject to compensation according to the procedure, provided by the civil legislation of the Republic of Kazakhstan.

4. The violation of the law of the Republic of Kazakhstan allowed by the subject of entrepreneurship shall be described during conducting checks. Reasons for arguments and disclosure of the circumstances testimonial of the fact of violation of the law of the Republic of Kazakhstan are assigned to state bodies.

The entrepreneurships provided by subjects actual data about the circumstances considered by state body are considered reliable until the court or state body does not establish the return according to the legislation of the Republic of Kazakhstan.

All uncertainty of the legislation of the Republic of Kazakhstan are interpreted for benefit of the subject of entrepreneurship.";

Part one of item 4 of Article 64 to state 4) in the following edition:

"4. The procedure for carrying out accreditation, including form of the certificate on accreditation, the bases and procedure for cancellation of accreditation of associations of subjects of private entrepreneurship and other non-profit organizations, is determined by the Government of the Republic of Kazakhstan.";

Article 65 to state 65) in the following edition:

"Article 65. Features of development and acceptance of the regulatory legal acts infringing on interests of subjects of entrepreneurship

Development and acceptance of the regulatory legal acts infringing on interests of subjects of entrepreneurship are performed according to this Code and the Law of the Republic of Kazakhstan "About legal acts".";

Articles 66, 67 and 68 to exclude 6);

Article 69 to state 7) in the following edition:

"Article 69. Features of the conclusion of the international treaties infringing on interests of subjects of private entrepreneurship

In case of project development of international treaties of the Republic of Kazakhstan, and also international treaties which participant the Republic of Kazakhstan intends to become of the subjects of private entrepreneurship infringing on interests, the procedure provided by this Code and article 19 of the Law of the Republic of Kazakhstan "About legal acts" is applied.";

To add Item 2 of Article 82 with parts three and the fourth the following content:

"Requirements about carrying out the analysis of regulatory impact in case of introduction of the new regulatory tool or toughening of regulation concerning subjects of entrepreneurship also do not extend to the drafts of the laws developed according to the procedure of the legislative initiative of the President and deputies of Parliament of the Republic of Kazakhstan and also to process of consideration of drafts of the laws in Parliament of the Republic of Kazakhstan.

According to the drafts of the laws introduced according to the procedure of the legislative initiative of deputies of Parliament and also under amendments of deputies to the drafts of the laws which are under consideration in Parliament of the Republic of Kazakhstan the analysis of regulatory impact on the bases established by this Article within the conclusion of the Government of the Republic of Kazakhstan can be carried out.";

Shall be replaced with words 9) in part one of item 4 of Article 109 of the word of "twenty one calendar days" "sixty calendar days".

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