Expanded decree on temporary suspension of inspections, endorsed by Tokayev
Loosening the Departments' Grip: Tokayev's Decree Brings a Breath of Relief for Micro Entrepreneurs, But Not Completely
Kazakhstan's President, Kassym-Jomart Tokayev, has recently introduced a decree that lifts the burden off small and micro businesses, as reported by Almaty.tv, courtesy of Akorda. This decree amends the December 26, 2019, Decree issued by the President of the Republic of Kazakhstan, which imposed a moratorium on inspections and preventive controls.
A new subparagraph, "12) objects of state audit and financial control", has been incorporated into paragraph 1 of the revised decree. The new decree becomes effective upon its first official publication date.
Here's the rub, though. While this decree provides a reprieve for small businesses, it does not entirely exempt them from scrutiny. The following inspections will still be enforced over the coming three years:
- Inspections to prevent or eradicate violations posing a mass threat to the public, the environment, law and order, and national security, or those mandated by the "Law of the Republic of Kazakhstan dated July 4, 2003 'On state regulation, control and supervision of the financial market and financial organizations'".
- Repeat inspections when a single unscheduled inspection fails to identify the causes of violations, or when control and supervision of other related entities is necessary.
- Inspections at the request of entrepreneurs regarding their own activities, including applications for permits as per the "Law of the Republic of Kazakhstan dated May 16, 2014 'On permits and notifications'".
- Inspections based on the grounds provided for in the Criminal Procedure Code of the Republic of Kazakhstan.
- Inspections launched by the prosecutor's office at the instruction of the President or the Prosecutor General of the Republic of Kazakhstan.
- Customs inspections.
- Reciprocal tax inspections.
- Thematic tax inspections to monitor mutual settlements between taxpayers and their debtors, tax registrations, and compliance with the halt-spending orders from the tax authorities.
- Sanitary and epidemiological inspections of products aimed at ensuring public health safety.
- Inspections of natural resource users.
It's worth noting that Kazakhstan's December 26, 2019, decree, like many others of its kind, maintains inspection authority in specific instances deemed high-risk or non-compliant with regulatory mandates. To thoroughly understand the precise exemptions in this decree, consult the original decree or official government guidance, as the enrichment data available lacks detailed information on Kazakhstan's specific policy scope.
- Tokayev's recent decree has eased the pressure on small and micro businesses by lifting the moratorium on inspections and preventive controls that were introduced in 2019.
- The new decree, however, does not provide a full exemption from inspections for these businesses, as certain types of inspections will still be enforced in 2023 and beyond.
- These enforcing inspections will include those that prevent or eradicate mass threats, repeat inspections when necessary, inspections at the request of entrepreneurs, inspections based on the Criminal Procedure Code, inspections launched by the prosecutor's office, customs inspections, reciprocal tax inspections, thematic tax inspections, sanitary and epidemiological inspections of products, and inspections of natural resource users.
- To gain a comprehensive understanding of the exact exemptions in the decree, it is advisable to consult the original decree or official government guidance, as the available enrichment data may lack details on Kazakhstan's specific policy-and-legislation scope.
