Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated 07/17/2023 No. 603 (effective after ten calendar days after the date of its first official publication).Takes effect from January 1, 2016.
In accordance with subparagraph 22) of part one of paragraph 1 of article 98 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015, the Government of the Republic of Kazakhstan HEREBY DECREES:
1. To approve the attached Rules for the accreditation of associations of private entrepreneurs.
2. To recognize invalid certain decisions of the Government of the Republic of Kazakhstan according to annex to this decree.
3. This decree shall take effect from January 1, 2016 and shall be subject to official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | К. Massimov |
| Approved by decree of the Government of the Republic of Kazakhstan dated December 28, 2015 no. 1089 |
Rules
for accreditation of associations of private entrepreneurs
1. General provisions
1. These Rules for the accreditation of associations of private entrepreneurs (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 22) of part one of paragraph 1 of article 98 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 (hereinafter referred to as the Code) and shall determine the procedure for the accreditation of associations of private entrepreneurs.
2. The accreditation of associations of private entrepreneurs (hereinafter referred to as the associations) shall be the recognition by central state and local executive bodies (hereinafter referred to as the state bodies) the compliance of the associations of private entrepreneurs with the established criteria for representation of interests of private entrepreneurs in expert councils on the issues of entrepreneurship.
3. The accreditation shall apply to:
1) at the republican level – republican associations of private entrepreneurs, republican cross-sectoral, sectoral associations, as well as republican associations of small, medium and (or) large business entities;
2) at the regional level - regional associations of private entrepreneurs, regional associations of small, medium and (or) large business entities, branches of republican associations of private entrepreneurs;
3) at municipal, district levels - regional, municipal, district associations of private entrepreneurs, regional, municipal, district associations of small, medium and (or) large business entities, branches of republican associations of private entrepreneurs.
4. In the event if two and more associations, representing one district, one industry, apply for accreditation, then the association that have cumulatively larger number of employees in private entrepreneurships, being the members of this association shall be subject to accreditation.
In the event if two and more non-commercial organizations, representing one administrative-territorial unit, one sphere of activities, apply for accreditation, then the non-commercial organization, that have cumulatively larger number of employees in private entrepreneurships being the members of this non-commercial organization shall be subject to accreditation.
5. Accreditation shall be carried out by state bodies annually after publication of an announcement about the terms and conditions of accreditation in the Kazakh and Russian languages.
When carrying out accreditation at the republican level, the announcements shall be published in periodicals, distributed throughout the entire territory of the Republic of Kazakhstan, or on official sites of state bodies. The announcements on accreditation at the regional, municipal and district levels shall be published in periodicals distributed in the territory of the corresponding administrative-territorial unit, or on official sites of state bodies.
6. For the purposes of unprejudiced and competent accreditation in each state body an accreditation commission (hereinafter referred to as the commission) shall be established, the composition and the Regulations of which shall be approved by decision of the head of the state body.
2. Accreditation procedure
7. To obtain accreditation, the applicant shall submit to the state body:
1) application in form according to annex 1 to these Rules;
2) нотариально notarized copies of constituent documents and evidence* or a certificate of state registration (re-registration) of the association as a legal entity, in case of failure to submit the original for verification.
3) list of members of association.
8. The accreditation procedure shall include the following stages:
1) placement by the state body on the Internet resource and in the media of an announcement on the start of accepting applications for accreditation;
2) submission by associations of an application and a package of documents, stipulated in paragraph 7 of the Rules;
3) consideration by the commission of materials of accreditation;
4) adoption by a state body of a decision on accreditation or refusal of accreditation;
5) issuance of a certificate of accreditation or written notification about refusal of accreditation with justification.
9. The state body shall place on the internet resource and in mass media an announcement on the start of receiving applications for accreditation.
Associations applying for accreditation in a state body, within ten working days from the date of publication of the announcement, submit a package of documents provided for in paragraph 7 of the Rules.
10. Consideration of materials submitted by associations shall be carried out at a meeting of the commission, on the recommendations of which the state body decides on issuance of a certificate of accreditation or on refusal of accreditation.
11. The term for consideration of documents and making decisions on accreditation or refusal of accreditation should not exceed fifteen business days from the date of expiration of the deadline for applications.
12. The accreditation may be refused in cases if:
1) the submitted documents do not meet the requirements of paragraph 7 of these Rules;
2) the association does not carry out activities on protection of interests of its members;
3) the submitted documents contain false or incomplete information.
13. The certificate of accreditation shall be issued for the period of three years in form according to annex 2 to these Rules.
Associations, accredited for more than two times in a row in the state bodies shall receive a certificate of accreditation without time limit.
14. f the certificate of accreditation is lost, the association may receive a duplicate of it in the state body that issued the certificate within ten business days from the date of submission of the relevant application.
15. The validity of the certificate of accreditation shall be suspended by the state body in the event of revelation of false or distorted data in documents submitted for accreditation on the recommendation of the commission.
16. When eliminating violations that have led to the suspension of the certificate, its action shall be renewed by the state body on the basis of a positive recommendation of the commission within five working days from the date of elimination of violations.
17. The certificate of accreditation shall be terminated in cases of:
1) failure to eliminate, within one month, violations, entailing the suspension of the certificate;
2) reorganization or liquidation of the accredited association;
3) submission by the association of an application on voluntary termination of the certificate;
4) expiration of its validity term;
5) violation for more than three times of the requirement, provided for by part two of paragraph 1 of article 66 of the Code;
6) violation of the term for consideration of a draft regulatory legal act, established by state bodies subject to provisions of paragraph 1 of article 65 of the Code.
18. The issues of termination of the certificate of accreditation are considered by the commission within ten working days.
19. On suspension or termination of the certificate of accreditation, the association shall be notified by the state body within five working days (upon revelation of violations by the state body).
Notice:
* – certificate of state (accounting) registration (re-registration) of a legal entity issued before enforcement of the Law of the Republic of Kazakhstan dated December 24, 2012 “On amendments and additions to some legislative acts of the Republic of Kazakhstan on state registration of legal entities and accounting registration of branches and representative offices”, is valid until termination of activities of the legal entity.
Application
Hereby I ask to accredit ______________________________________________________
(name of association)
__________________________________________________________________________
To recognize the right to conduct within the activities of the Expert Council for the issues of private entrepreneurship ____________________________________________________________
(name of
__________________________________________________________________________
central state or local executive body)
of expert examination of drafts of regulatory legal acts affecting interests of private entrepreneurship.
The application is enclosed with the following documents:
1. ___________________________________________________________
2. ___________________________________________________________
3. ___________________________________________________________
4. ___________________________________________________________
seal/stamp _________________ _______________________________________
(signature) (position, surname, name, patronymic (if any))
Date: "___" _______________ 200__
Annex 2
to the Rules for the accreditation of
associations of private entrepreneurs
Emblem
CERTIFICATE OF ACCREDITATION
__________________________________________________________________________
(name of association)
__________________________________________________________________________
(name of central state or local
__________________________________________________________________________
executive body)
recognizes the right of _______________________________________________________
(name association)
to conduct within the activities of the Expert Council for the issues of private entrepreneurship under
__________________________________________________________________________
(name of central
__________________________________________________________________________
state or local executive body)
of expert examination of drafts of regulatory legal acts affecting interests of private entrepreneurship.
(Order no. _________ dated "___" ________________ 200__)
The certificate is valid until "___" _________ 200__
Head of the central state or local executive body (surname, name, patronymic (if any), signature)
Series:
Date of issue:
| Annex to decree of the Government of the Republic of Kazakhstan dated December 28, 2015 no. 1089 |
List
of invalidated certain decisions of the Government
of the Republic of Kazakhstan
1. Decree of the Government of the Republic of Kazakhstan dated May 31, 2006 no. 477 “On approval of the Rules for the accreditation of associations of private entrepreneurs” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2006, no. 19, art. 190).
2. subparagraph 1) of paragraph 1 of the decree of the Government of the Republic of Kazakhstan dated October 2, 2009 no. 1513 “On amendments and additions to decrees of the Government of the Republic of Kazakhstan dated May 31, 2006 no. 477 and dated June 2, 2006 no. 496” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2009, no. 41, art. 396).
3. Paragraph 3 of amendments and additions, which are introduced to certain decisions of the Government of the Republic of Kazakhstan, approved by decree of the Government of the Republic of Kazakhstan dated December 31, 2013 no. 1524 “On amendments and additions to certain decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2013, no. 78, art. 1037).