September 15, 2021

Moving from punitive measures to trust: a brief overview of the draft law for entrepreneurs

As part of the implementation of the President’s message Kasim-Jomart Tokayev (September 1, 2020), the Ministry of National Economy and the NCE “Atameken” have prepared a draft law “On the introduction of amendments and additions to some legislative acts on the introduction of new regulatory policy in the sphere of business activities”.

The main purpose of the bill is to fundamentally change the nature of the relationship between the state and business, allegedly in favour of business.

What do entrepreneurs expect from the new bill?

  • Introduction of “regulatory guillotine”: revision of existing business requirements and elimination of unnecessary requirements.
  • Eight principles: reasonableness, openness and predictability, rationality, stability, proportionality, certainty, enforceability and equality of business entities.
  • Introduction of new “1 in 2 out” principle: new one requirement cancels two existing requirements.
  • Establishment of a single register of mandatory business requirements.
  • Strengthening the role of the Business Ombudsman: the right to propose the repeal or revision of a regulatory instrument or requirement.
  • Introduction of regulatory appeal.

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