The blog of the Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan was created for you to have an opportunity to appeal directly to me and I hope that it will contribute to a constructive dialogue between us – send me feedback, share opinions, make suggestions. All your comments without exception will be read by me.
What is the institute of business ombudsman?
Answer
According to the International Association of Lawyers, the institute of Ombudsman – is a service provided by the Constitution or an act of the legislature and led by an independent public official of high rank. This person is accountable to the Head of State, receives complaints from entrepreneurs on illegal actions of state bodies, state officials, and operates in order to represent, to support and to protect the rights and legitimate interests of business entities, as well as to protect the interests of the business community.
The emergence of the position of the Ombudsman for the protection of the rights of entrepreneurs can be easily named one of the key events in the system of state support of business, as a new component of the presidential vertical. This method of state governance has already demonstrated the positive experience in many foreign countries as an effective tool for solving bureaucratic problems faced by business in the course of economic activity
At present, the institute of Ombudsman exists in more than 50 countries with different forms of governance: Presidential Republics (Finland, France, USA), parliamentary republics (Switzerland, Austria, Germany), constitutional monarchies (Denmark, Norway, Sweden, Spain, Australia, the Netherlands , Great Britain, Canada).
In accordance with the Presidential Decree "On drastic measures to improve the business environment in the Republic of Kazakhstan" dated by February 27, 2014, the Government of RK was given an order to develop a draft law, providing for strengthening of the role of NCE RK, including through establishment of the institute of Business Ombudsman.
On 29th of December 2014 the Law of the Republic of Kazakhstan "On the National Chamber of Entrepreneurs of Kazakhstan" was amended with the norms on the legal status, functions, order of appointment and duties of the Business Ombudsman, as well as organization of his activities.
The Entrepreneurial Code of the Republic of Kazakhstan entered into force on 1st of January 2016 (hereinafter – EC of RK), the chapter 28 of which describes in detail the legal status of the Business Ombudsman.
The institute of Business Ombudsman appeared for the first time in the history of Kazakhstan. The new structure has broad powers to audot the work of the authorities during their interaction with the business.
On 19th of February 2016 Palymbetov Bolat Abylkasymovich was appointed the Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan by the presidential decree.
Why is there a need to stregthen it?
Answer
Currently, there is a need to strengthen the institute of Business Ombudsman in order to protect the interests of entrepreneurs, this was announced by the Head of State in the Action Plan "100 concrete steps". And a lot has been done in this respect.
Speaking about the importance of the institute of the Ombudsman for the protection of the rights of entrepreneurs, Nursultan Nazarbayev said: "This is a real help to every Kazakhstani resident, who runs business. Care for continuous improvement of the working conditions for entrepreneurs will always be the center of attention of the state. This is another important step on the way to becoming one of the 30 most developed countries of the world. I am sure that this measure and allocation of public funds for the development of entrepreneurship will give impetus to the growth of our economy, increasing the number of jobs and improving the welfare of all Kazakhstani people".
Thus, the successful functioning of the institute of Business Ombudsman in the country will create favorable conditions for the successful development of domestic entrepreneurship.
What specifically does business ombudsman do?
Answer
Business Ombudsman will head the structured system of NCE RK "Atameken", i.e. his activities will be exercised under the National Chamber of entrepreneurs, because NCE RK accumulates all the statistics on the issues and challenges of entrepreneurship, it possesses an established system for the protection of the Kazakhstani business.
One of the main functions of the Business Ombudsman, in addition to provision, support, protection of the rights and legitimate interests of entrepreneurs, is consideration of their appeals.
The Ombudsman is endowed with unprecedented powers: to send to the state bodies, the actions (inactions) of which violated the rights of entrepreneurs, recommendations on application of measures to restore the violated rights, as well as the recommendations on suspension of regulatory legal acts. In case of disagreement with the views of state bodies, he may send an appeal to the prosecution authorities in order to restore the rights of entrepreneurs.
He also has the right to apply to the court to restore the legitimate interests of entrepreneurs. If violations of the rights of entrepreneurs are systemic in nature and the problems can’t be solved at the level of state bodies, the Ombudsman for the protection of the rights of entrepreneurs has the right to appeal to the President of the Republic of Kazakhstan.
How will be build relationships between business ombudsman and NCE?
Answer
According to the Entrepreneurial Code of RK, the activities of the Ombudsman for the protection of the rights of entrepreneurs will ensured through the National Chamber, because NCE accumulates all the statistics on the issues and challenges of entrepreneurship, it has its established system of protection of Kazakhstani business.
Thus, the activities of the Business Ombudsman will be based on existing experience of NCE RK "Atameken" within the line of protection of the rights of entrepreneurs.
What are the key issues related to the competence of the business ombudsman?
Answer
The key issues of Business Ombudsman are:
- to send to the state bodies (officials), due to actions (inaction) of which were violated the rights and lawful interests of business entities, recommendations on measures to restore the violated rights, as well as recommendations on suspension of regulatory legal acts;
- In case of disagreement with the views of state bodies, he can send a petition to the prosecution authorities in order to restore the rights of entrepreneurs;
- To submit for the consideration of the President of the Republic of Kazakhstan appeals in the event of systemic violations of the rights of entrepreneurs and inability to resolve them at the level of state bodies.
How can entrepreneurs on the spot address for help of the business ombudsman, whose rights were infringed?
Answer
The rules are the same for all. Local businesses can also write a letter to the Business Ombudsman, they can address through the website of NCE RK or via the website of Business Ombudsman, they can write to the blog of the Business Ombudsman.
Petitions received in the address of the National Chamber and subject for the consideration by the Business Ombudsman, are transferred by the Chancellery Service of the National Chamber to the Administrative Office in accordance with the procedure established by the internal documents of the National Chamber.
If necessary, the period of consideration of complaints received by the Business Ombudsman can be extended with the compulsory information of an applicant about the executed work.
What are the specific powers of the business ombudsman?
Answer
The Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan was introduced in order to provide, to ensure and to protect the rights and legitimate interests of the interests of the business community:
1) represents, ensures, protects the rights and legitimate interests of business in the state bodies and other organizations of the Republic of Kazakhstan, as well as in international organizations and foreign states;
2) considers appeals of business entities;
3) makes proposals to the state bodies on protection of the rights of business entities, as well as recommendations on suspension of regulatory legal acts;
4) sends to the state bodies (officials), due to actions (inaction) of which were violated the rights and lawful interests of business entities, recommendations on measures to restore the violated rights, including bringing to justice those, who are responsible for violations of the rights and legitimate interests of business;
5) sends petitions to the prosecuting authorities in case of disagreement with the views of the state bodies in order to restore the rights of entrepreneurs;
6) submits for the consideration of the President of the Republic of Kazakhstan appeals in the event of systemic violations of the rights of entrepreneurs and inability to resolve them at the level of state bodies;
7) requests from the state bodies (officials) information, documents and materials related to the rights and obligations of the business entities, with the exception of information constituting a state, commercial, banking and other secrets protected by law;
8) goes to court with a claim (statement) in the order, established by the legislation of the Republic of Kazakhstan;
9) takes other legal measures to restore the violated rights and lawful interests of business entities.
To diclose the mechanism of its action in case of violations.
Answer
The accumulated appeals (except for those that have not previously been considered by state bodies within their competence) are processed in the first place. If they are coming from regions, they are sent to the regional sector with direct instruction. If they are of the Republican scale, then they are considered by the administrative office of the Business Ombudsman.
Queries are made regarding the accumulated information, additional materials are being requested. Next the ways of their solution are made within the framework of the legal field.
After a dialogue with the state authorities is made, the issue is overestimated and the situation becomes clear, that is the result of an appeal. After the dialogue, the answer and a consultation are presented. There are cases when the actions of the state bodies were justified.
There are cases when the violations made by the public authorities are not confirmed, but there are also reverse situations, when the rights of a business entity have been violated, the authorities have abused their powers. In this case the reaction tools of the Business Ombusmena are applied, which are defined by the Entrepreneurial Code.
Appeals of applicants, which were directed to the Ombudsman are reviewed within a period of thirty calendar days.
In case of extension of the term of consideration of appeals, the order of an extension of time for processing applications, direction to the authorized state bodies and organizations, the applicant is informed about the course of consideration by the Business Ombudsman.
Business Ombudsman does not intervene in case of infringement of the rights of the applicant by other subjects of private entrepreneurship.
