Page 11 - Azerbaijan State University of Economics

S.Baizakov, A.Tulepbekova, A.Assenova: Regulatory policy of Kazakhstan: problems
and perspectives

for Regulatory Performance Analysis (RIA) (2008), containing methodological
recommendations for improving the regulatory framework, the OECD Principles on
Enforcement Practice and audit by regulators based on best practices (2014) and the
OECD Recommendations to the Council on Regulatory Policy and Public Policy
(2012). All these documents support the working processes in the OECD countries,
allowing regulators to improve technologies and methods of work and supporting the
efforts of regulators to attract and promote high-quality specialists [www. fstrf.ru/.../
Printcipy_OESR_v_sfere_regulyatornoj_politiki_redaktciya_ITOG.d...].
Over the past 20 years, governments of OECD countries have been very effective
in implementing various instruments in the regulatory policy that have allowed them to
significantly improve the business climate and in a short period of time bring the share
of small and medium businesses in GDP to an average of 60 to 70 %.
Successfully implemented in EU countries regulatory policy based on the
principle of "smart regulation" is to continuously and systematically improve the
quality of regulation through integrated impact assessment at each decision-making
stage, its implementation and monitoring, clear coordination of interested
government bodies and consideration of the views of all targeted impact groups.
The regulatory system of Kazakhstan was built in new market conditions and
was superfluous and inefficient, was unnecessarily onerous for business and did not
provide security for consumers. The main reasons for the randomness of rulemaking
and enforcement of the existing regulatory system were:
- Absence of the system of "smart" rule-making - analysis of the regulatory
impact of regulatory legal acts (ARI);
- Duplication of regulation carried out by different state bodies;
- Duplication of state regulatory functions and self-regulation of professional
communities (where it exists);
- Duplication of state regulatory functions and conformity assessment
procedures in the system of technical regulation;
- Duplication between different levels within one state agency, as well as
between central and local executive bodies;
- Duplication between state permits and government audits;
- The same volume of qualification requirements for entities creating a
different level of risk;
- The use of regulatory instruments that are not adequate to the level of risk,
including administrative penalties, which is not proportional to the severity of
offenses.

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