Page 15 - Azerbaijan State University of Economics
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S.Baizakov, A.Tulepbekova, A.Assenova: Regulatory policy of Kazakhstan: problems and
perspectives
The regulatory mechanisms are the development and adoption of regulatory
and legal acts, including Laws, licensing control, inspections, administrative
measures under the Code of Administrative Offenses (fines, penalties, etc.).
The ongoing reforms in the control and supervisory sphere affect almost all
aspects of the work of regulators in this area by the following directions:
1) institutional reorganization of state control bodies;
2) Legislative review;
3) Creation of information systems and databases for the identification of
sectors and enterprises with an increased level of risk;
4) Implantation of new forms and methods in the appointing procedures and
conducting inspections;
5) Activation of work with the business community for establishing feedback
and monitoring the work of inspections;
6) The organization of a mechanism for appealing against the control process
and measures to combat corruption;
7) Coordination of control activities and exclusion of duplicative powers of
various monitoring bodies.
Over the past 3 to 5 years, the reform of state control and supervision has been
carried out through the transition from planned inspections to the organization of
inspections based on risk assessment, as well as introducing, as an alternative to the
inspections of the possibility of liability insurance, audit and expertise of business
entities.
In Kazakhstan, a moratorium on business audits was imposed three times in 2008,
2009 and 2014, the purpose of which was not only to support SMEs, but also to
systematize the mechanism and procedure for conducting inspections. At the same
time, the establishment of moratoriums on inspections of business entities made it
possible to distinguish the main problem: the system of checks itself provoked
supervisory bodies to selectively approach to their own work. Businessmen did not have
an incentive to be conscientious, since the state control system was formally
bureaucratic, was mostly punitive, rather than preventive.
Now this problem is eliminated by introducing a new risk assessment system
as a basis for assigning inspections. If earlier they were appointed often simply
because the deadline for checking had approached without considering the actual
level of threat to life and health of the population, the environment or the property
interests of the state, now these issues are mainly taken into account. Moreover, the
more honest the entrepreneur will follow the requirements of the legislation, the less
often he is controlled by the supervisory bodies.
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