РЕSELF-REGULATION INSTITUTE AS A TYPE OF REGULATION OF ENTREPRENEURIAL ACTIVITIES IN THE REPUBLIC OF KAZAKHSTAN

Authors

  • ALBINA ZH KIYAZOVA

Keywords:

self-regulation, non-profit organizations, self-regulatory organizations, internal rules, professional standards, subjects of business (industry) activity, subjects of professional activity, law on self- regulation

Abstract

The Institute of self-regulation is an alternative to state regulation, the main purpose of which is to stimulate the development of business and professional activities. This goal is achieved by granting business entities and professional communities the right to regulate their own activities and exercise independent internal control.

The mechanism of self-regulation implies voluntary and mandatory participation, which determines various means of its formation. Voluntary participation in a self-regulatory organization implies the free will of the participants. Self-regulation with mandatory participation can be carried out through the procedure of replacing the state licensing order with the internal control system, which was successfully implemented on the example of the reform of assessment activities.

An analysis of the practice of the establishment of self-regulatory organizations in Kazakhstan shows a limited number of activities for self-regulation with a mandatory form of participation: only professional activities of legal consultants and assessment activities. The practice of applying the Institute of self-regulation on a voluntary basis shows little activity in individual areas.

The legal status of self-regulatory organizations is determined by their position as non-profit organizations and additionally includes provided by a specialized legislative act the power to develop industry rules and professional standards, exercise supervisory authority of their compliance and apply penalties. In addition, the organizational structure of self-regulatory organizations includes specific subject composition and specialized bodies.

Despite the differences in legislation and the existence of some legal gaps, the current self-regulation mechanism allows the creation of self-regulatory organizations in various sectors and professional activities. However, the slow dynamics of the formation of these organizations leaves additional questions that require further study.

Published

30.06.2020

How to Cite

KIYAZOVA . А. Ж. (2020). РЕSELF-REGULATION INSTITUTE AS A TYPE OF REGULATION OF ENTREPRENEURIAL ACTIVITIES IN THE REPUBLIC OF KAZAKHSTAN . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(60). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/192