OECD Reviews of Regulatory Reform

1990-0481 (online)
1563-4973 (print)
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This series presents the results of country peer reviews of regulatory reform in OECD countries. They present an integrated assessment of regulatory reform in framework areas such as the quality of the public sector, competition policy and enforcement, and market openness. They also contain chapters on sectors such as telecommunications, electricity, road and rail freight, and an assessment of the macroeconomic context for reform. The policy recommendations present a balanced plan of action for both short and longer term based on best international regulatory practices.

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Regulatory Policy in Kazakhstan

Regulatory Policy in Kazakhstan

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30 June 2014
9789264214255 (PDF) ;9789264214248(print)

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This review assesses regulatory management in Kazakhstan. It provides concrete recommendations on strategies, institutions and tools to improve the quality of the regulatory environment in Kazakhstan.

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  • Foreword and Acknowledgements

    The OECD Review of Regulatory Policy in Kazakhstan is a country report carried out under the programme of work of the Regulatory Policy Committee of the OECD. This work was conducted within the OECD Kazakhstan Regulations for Competitiveness Project, which is co-financed by the European Union and the Government of Kazakhstan, as part of the OECD Eurasia Competitiveness Programme (Global Relations Secretariat).

  • Acronyms and abbreviations
  • Executive summary

    The Regulatory Policy Review of Kazakhstan is part of OECD’s broader project "Regulations for Competitiveness", which aims at enhancing Kazakhstan’s competitiveness through better regulations and institutions. The specific objective of RPR is to assess regulatory management capacities in Kazakhstan, including policies, tools and institutions for ensuring regulatory quality.

  • Assessment and recommendations

    The Kazakh government has put in place many elements of regulatory policy. These efforts have gone along with a large wave of reforms in the wake of independence. A number of tools and processes have been established to foster the development of high quality regulations. This has included setting formal requirements on procedures for making regulations, establishing advisory councils to conduct public consultation, developing an online database of legislation, introducing a requirement to conduct a "scientific expertise" of draft regulations, conducting reviews of existing legislation. The need to make progress in regulatory management is largely recognised across the administration, in particular with respect to the legal quality of normative texts, reduction of corruption and simplification of the administrative framework. Attention is also given to international best practices.

  • Assessing regulatory management in Kazakhstan

    This chapter provides the context for the review and summarises the structure of the report and the methodology used to review regulatory policy in Kazakhstan.

  • Macroeconomic context, public governance and business environment in Kazakhstan

    This chapter sets out the macroeconomic context for the review. It describes the main macroeconomic trends that have marked the life of Kazakhstan after its independence in 1991, analyses the main challenges for the development of the competitiveness of Kazakhstan, points out the efforts required in order to address those specific concerns, and scrutinises the main indicators concerning the quality of the institutions and the business environment.

  • A strategy and policies for Better Regulation in Kazakhstan

    This chapter considers the drivers of regulatory quality policies and seeks to provide a "helicopter view" of regulatory reform strategies and policies in Kazakhstan. It outlines the general approach to regulatory management policy and the main initiatives undertaken in that policy area, highlighting key developments, results and challenges. There is a need to set out a clear overall strategy for regulatory improvement in Kazakhstan that links and further develops different initiatives. The recent Concept of State Regulation of Business Activities by 2020 signals positive developments towards a broader approach.

  • Kazakhstan's institutions for regulatory management

    This chapter seeks to map and understand the roles of the entities involved in regulatory management and the promotion and implementation of regulatory quality policies. It also examines training and capacity building within government. There is no established single body responsible for promoting regulatory quality principles and tools. Capacity needs to be built within ministries through improved training and guidance. The institutional setting needs to be strengthened to engage all government bodies in regulatory policy.

  • Making regulation in Kazakhstan transparent and accessible

    This chapter examines how the country secures transparency in the regulatory environment, both through public consultation in the rule-making process and public communication on regulatory requirements. Kazakhstan has made considerable efforts to improve its public consultation processes but it is still necessary to improve it, including through the extension of the consultation period, cancelling the necessity to reapply for the advisory council membership and better use of impact assessment. Consultations with the wider public should be less formal and more pro-active.

  • Tools and processes for new regulations in Kazakhstan

    This chapter considers the processes for the development of new regulations: forward planning; administrative procedures for drafting new regulations, legal quality control, and the ex ante impact assessment of new regulations. Some elements of an ex ante impact assessment have been established, however, it is usually conducted late in the process and separately from regulatory decisions. Much training, capacity building and awareness raising need to be done for impact assessment to play a supportive role in the law-making process.

  • Management and rationalisation of existing regulations in Kazakhstan

    This chapter looks at regulatory policies focused on the management of the "stock" of regulations including initiatives to simplify the existing stock of regulations and to reduce burdens which administrative requirements impose on businesses, citizens and the administration itself. A solid legal basis for a review of the existing regulations is in place in Kazakhstan. A significant progress has been achieved in reducing the number of licences. Implementation of e-government tools is fairly impressive. Problems however persist with the amount of excessive red tape. No remarkable efforts exist to measure regulatory or administrative burdens stemming from the existing regulations.

  • Regulatory compliance and enforcement in Kazakhstan

    This chapter considers the processes for ensuring compliance and enforcement of regulations, including inspection systems and the use of tools such as risk-based approaches, and assessment of compliance. A sound risk management system for inspections has been established in Kazakhstan since 2009; however significant problems persist with its implementation. In addition, discrepancies in implementation and interpretation of laws represent a significant issue, especially at the local level. No formal requirement exists for reviewing enforcement prospects when preparing new regulations and data on compliance with regulations are not collected on an aggregate basis.

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