Resolution of the Government of Kazakhstan dated 31 December 2013 #1525 approved rules to set a veto upon decisions of the Congress of the National Chamber of Entrepreneurs. The Resolution was published in the official media, as the IA Zakon.kz informed. Source: IA Zakon.kz. Source: [url]http://www.zakon.kz/4599791-v-rk-utverzhdeny-pravila-nalozhenija.html[/url].
The document states that according to paragraph 2 of Article 19 of the Law of the Republic of Kazakhstan dated 4 July 2013 “On National Chamber of entrepreneurs of the Republic of Kazakhstan, Kazakhstan Government has decided: 1. To approve the attached Rules to set a veto upon decisions of the Congress of the National Chamber of entrepreneurs by the Government of the Republic of Kazakhstan and its overcoming through conciliation.
The Rules determine a procedure to set a veto upon decisions of the Congress of the National Chamber of entrepreneurs by the Government of the Republic of Kazakhstan and its overcoming through conciliation.
1. Order of veto setting
1. Representatives of the Government of the Republic of Kazakhstan (hereinafter – the representatives of the Government) participating in the work of the Congress of the National Chamber, during the Congress of the National Chamber in the event of disagreement with the decision of the National Chamber shall express their opinion, and reflect it in the minutes of the decisions of the Congress of the National Chamber.
2. The decision of the Congress of the National Chamber with the special opinion of representatives of the Government shall be sent by the National Chamber to the Government of the Republic of Kazakhstan within one working day from the date of its signing.
3. The decision of the Congress of the National Chamber with the special opinion of representatives of the Government shall be sent to the competent authority of the relevant industry, as well as to other interested government agencies for consideration.
4. A resolution on issues under consideration, on which there is an objection, shall be taken at a meeting of the Government of the Republic of Kazakhstan in accordance with the procedure of preparation of the meetings of the Government of the Republic of Kazakhstan provided for by the Rules of the Government of the Republic of Kazakhstan # 1300 approved by the Government of the Republic of Kazakhstan dated 10 December 2002.
2. Order to overcome veto
5. In case of disagreement with the decision of the Government of the Republic of Kazakhstan, the National Chamber shall send a letter of intent to the Government of the Republic of Kazakhstan to overcome the veto of the Government of the Republic of Kazakhstan.
6. The resolution of the Government of the Republic of Kazakhstan to set a veto upon decisions shall be prolonged by creation of the conciliation commission to overcome the veto of the Government of the Republic of Kazakhstan (hereinafter – the Conciliation Commission) through conciliation procedures.
7. The conciliation commission shall be created based on the order of the Prime Minister of the Republic of Kazakhstan within 10 working days upon receipt of the letter of the National Chamber referred to in paragraph 5 of this Rules.
8. The conciliation commission shall be created on a parity basis of equal numbers of representatives of the Government of the Republic of Kazakhstan and the National Chamber.
9. The Conciliation Commission is created on principles of parity by the Government of the Republic of Kazakhstan and may include representatives of public authorities, which are competent to address issues on which there is a dissenting opinion.
10. A Chairman of the Conciliation Commission shall be elected from the list of the representatives of the Government of the Republic of Kazakhstan.
11. A decision of the Conciliation Commission shall be taken by open ballot, by a simple majority of members of the Conciliation Commission. In case of equality of votes, the vote of the chairman of the commission shall be decisive.
12. Recommendations shall be prepared based on results of the work performed by the Conciliation Commission. The recommendations shall be sent to the Government of the Republic of Kazakhstan and shall further be presented at the meeting of the Government of the Republic of Kazakhstan for final decision.
13. Overcoming the veto set upon by the Kazakhstan Government shall be supported by the relevant decision of the Government of the Republic of Kazakhstan in accordance with paragraph 4 of these Rules.
The decisions of the Congress of the National Chamber under which the veto was not overcome shall not be entered into effect.
The Resolution shall come into force after ten calendar days after its first official publication (“Kazakhstanskaya Pravda” # 20 (27641) on 30 January 2014), i.e. from 10 February.
