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Officials must reimburse businesses for lost profits due to unlawful activities – expert
Kazakhstan needs a reform of state control.
In Kazakhstan, it was proposed to introduce a customer-oriented rating for government agencies. Business Ombudsman, Rustam Zhursunov, told LS about this.
According to Zhursunov, the regulation of business “from scratch,” which the President spoke about in his message, presupposes a radical revision of the entire policy and the creation of something completely new, comprehensive and effective.
“Firstly, all the requirements should be revised. Our preliminary analysis in the areas with the largest number of business entities showed that 13.5 thousand requirements are in force, and this is not counting technical regulations and SNPs. To reduce the thoughtless increase in requirements, it should be introduced in the legislative at the level of the principle “1-in 2-out” (with the introduction of each new requirement, it is necessary to exclude two existing ones),” - he suggested.
Secondly, an audit of the accounts should be carried out, Zhursunov believes.
“There are also a lot of problems in this direction. Among them, the lack of full transparency and the integration of the databases of government agencies among themselves, there are facts of duplicate requests for the same information from different government agencies. Full automation of all types of reports and information is required," the Business Ombudsman noted.
Thirdly, according to the speaker, a reform of state control is needed.
“Leading international experts who have already participated in successful projects in countries in transition (Georgia, the Baltic States, etc.) should be involved in this work. At the same time, it is advisable to completely and from scratch revise the risk management system,” he continued.
There are two levels of risk in Kazakhstan - high (inspections and professional control with a visit) and insignificant (unscheduled inspections on complaints), Zhursunov explained.
“And, for example, in Russia, objects of control are divided into six categories of risk (extremely high, high, significant, medium, moderate, low). There, the risk assessment is carried out on the basis of information about the good faith of the controlled person, who, moreover, has the right to apply for In addition, a clearer separation of control and supervisory activities is envisaged: on-site examination, test purchase, monitoring purchase, selective control, inspection visit, raid, check,” - he gave an example.
This approach gives more flexibility and finer tuning of the control system, the Business Ombudsman believes.
"This experience should be used in Kazakhstan. Now we have in practice test purchase (SES), raids and selective control (tax authorities), but they are not disclosed in the Entrepreneurial Code. It is necessary to legalize such types of control and regulate them in detail,” - he noted.
In addition, according to Zhursunov, there must be an effective mechanism for compensation for harm caused by the unlawful actions of controllers, including lost profits.
Fourthly, an audit of the permitting system is required, he added.
“At present, the Law “On Permits and Notifications” contains 287 permits. At the same time, this list is not exhaustive, since some of them are contained in other laws. It is necessary to carry out work on revising the permits of state bodies and quasi-enterprises for expediency and necessity, taking into account the experience of countries in transition period,” - explained the business ombudsman.
He also suggested introducing a rating of the client-orientedness of government agencies.
“There should be a third independent party that will give an objective assessment of the work of government agencies (availability of information for business, the state of sites, the provision of government services, etc.),” Zhursunov summed up.
Jamilya Karimova
Source: https://lsm.kz/rustam-zhursunov-predlozhil-vvesti-rejting-klientoorientirovannosti-dlya-gosorganov
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