SOME ISSUES OFLEGAL MONITORING OF ENTREPRENEURSHIP CODE OF THE REPUBLIC OF KAZAKHSTAN
Keywords:
Entrepreneurship code, entrepreneurial activity, entrepreneurs, egal analysi, business, governmental control of entrepreneurship, validation, ights ofentrepreneurs, rights ofentrepreneursAbstract
In October, 2017 the staff of the Center of legal monitoring of GU "Institute of the Legislation of the Republic of Kazakhstan" carried out legal monitoring of the Entrepreneurship code of the Republic of Kazakhstan.
The article analyzes the problematic issues of the Business Code of the Republic of Kazakhstan on the basis of studying the practice of applying the Business Code of the Republic of Kazakhstan, scientific research in the field of entrepreneurship, foreign experience, and materials of non-governmental organizations.
In order to improve the process of legal monitoring by employees of the Legal Monitoring Center of the State Institution "Institute of Legislation of the Republic of Kazakhstan", a working meeting was held with the participation of representatives of the authorized state body and public organizations. At the end of the meeting, the participants developed proposals and recommendations for improving the norms of the Business Code, which were analyzed and used in the article.
Thus, as a result of the legal monitoring of the Entrepreneurship Code of the Republic of Kazakhstan, problems in the ratio of the Business Code and the Civil Code, interaction between business entities and the state, state control and supervision, the inconsistency of the concept of an individual entrepreneur have been revealed.
The article proposes the following conclusions and proposals for solving the above-mentioned problems: in order to avoid problems that may arise in case of discrepancy between the norms of the Business Code and the Civil Code, it is necessary to indicate in the Entrepreneurial Code that "in the event of a contradiction between the norms of this Code and the norms of the Civil Code of the RK norms of the Civil Code of the Republic of Kazakhstan ", to consider the allocation of provisions on unfair competition in Article 11 of the Civil Code" The inadmissibility of the abuse of freedom entrepreneurship ", to exclude from the norms of the Business Code the necessity of recognizing the verification as invalid by the authorized state body: nullity is recognized by the court, and the authorized body should make representations about elimination of the revealed violations and others.
The results of the research can be used in lawmaking work to improve the legislation of the Republic of Kazakhstan regulating the business sector, as well as in scientific research in this area.
