Aruna Abeugalieva Ergaliqyzy

ITE-2101, the first course, IT-Entrepreneurship

Astana IT University

a_aruna_e@mail.ru

Activities of the Commissioner for the Protection of the Rights of

Entrepreneurs and the Investment Ombudsman in the Republic of
Kazakhstan
Investment Ombudsman – an individual appointed by the Government of
the Republic of Kazakhstan to help in the protection of investors' rights and
legitimate interests.
The Investment Ombudsman in its activity should be ruled by the
Constitution of the Republic of Kazakhstan, the laws of the Republic of
Kazakhstan, acts of the President of the Republic of Kazakhstan and the
Government of the Republic of Kazakhstan, other normative legal acts of the
Republic of Kazakhstan, as well as this Regulation.
Thus, the Investment Ombudsman's major responsibilities are to
investigate investor complaints about issues that arise during investment
activities in Kazakhstan and to provide recommendations for their resolution,
which may include interacting with government officials. The Investment
Ombudsman also supports investors in addressing concerns that arise during
out-of-court and pre-trial proceedings. It also develops and provides
recommendations to the government in order to improve the Republic of
Kazakhstan's legislation.
The Ombudsman also helps to the improvement of legislation by
participating in the work of the President of Kazakhstan's Council for Legal
Policy. The institution contributes to the work of interdepartmental commissions
under the Government that work on legislative activities, international
humanitarian law and human rights treaties, human trafficking prevention, and
other consultative and advisory institutions.
The institution of the Human Rights Ombudsman is a state body, it has a
number of crucial characteristics. First, the Ombudsman is independent. This
entail an specific normative-legal banning on intervention in his activities by
state authorities, political parties, public organizations, mass media, which calls
him to one of a kind arbitrator between the individual and the authorities. On the
other hand, the ombudsman cannot be a member of any political party or
participate in the political process. He is not subordinate to other state bodies
and persons, nor is he a member of any division of government.
The second is the Ombudsman's documents' recommendatory nature.
Although the Ombudsman has essential powers and cannot enact generally
binding normative acts, the implementation of his recommendations, as well as
the response to his reports, complaints, and appeals, serve as crucial indicators
of how governmental agencies regard human rights.
Third, the ombudsman's primary responsibility is to investigate
accusations of human rights abuses by other governmental agencies and
officials. He has the right to seek any information from any state entity and to
consider complaints about state institutions' activities in this fashion.
Let's see how it really happens. The Ombudsman's operations are
supported by the National Center for Human Rights, which also supports him in
executing his powers. One of the main functions of the National Center, which
is a working entity of the Ombudsman, is to analyze complaints received by the
Ombudsman about abuses of human and civil rights and freedom. The issues
raised in the complaints span a wide range of topics. They include labor,
housing, and pension rights, children's, women's, and disabled people's rights,
questions of administration in central and local executive authorities, the
enforcement of court decisions, and questions about law enforcement agencies'
actions and omissions, as well as prison administration. It's worth noting that, in
addition to assessing complaints, the Ombudsman has the authority to conduct
independent investigations into other matters of public concern related to human
rights breaches.
The production of an annual report on the work done by the Ombudsman,
which comprises pertinent statistical data and a complete analysis of the
Ombudsman's activities during this period, is the last and most important
consequence of the Ombudsman's work. This report is first delivered to the
Head of State, and then to the wider public, which includes academics,
international organizations, civil society, and the media.
Given that the Ombudsman's only response mechanism is
recommendations, maintaining continual connection with other governmental
organizations, officials, and media representatives has become increasingly
important. Despite the fact that the Ombudsman has no authority to review
complaints against the courts, the bilateral memorandum of cooperation
between the Ombudsman and the Chairman of the Supreme Court allows the
latter to receive an official letter on citizen complaints about violations of their
rights in the administration of justice as a generalization of judicial practice.
 The Institute of Investment Ombudsman was constituted in Kazakhstan to
help achieve these goals.
The Investment Ombudsman also establishes a conversation platform for
investors, where their suggestions for improving investment conditions can be
considered. The Investment Ombudsman Institution was established to assist in
the protection of the rights and legitimate interests of investors doing business
in Kazakhstan.
Investor complaints are investigated by the investment ombudsman, who
then suggests administrative fixes or legislative suggestions if the problem is
widespread. Although the conclusions of the ombudsman are not legally
enforceable, they are typically considered on a voluntary basis. The examination
of complaints by the investment ombudsman is a technique of pre-trial and
extrajudicial dispute resolution aimed at preventing the emergence of a conflict
situation.
Thus, it can be understood that the investment ombudsman is very
important and plays a big role for entrepreneurs in the business sector. It helps
entrepreneurs to deal with important issues in this field.

Literature

https://online.zakon.kz/Document/?doc_id=38259854&pos=5280;-54#pos=5280;-54

http://repository.kazguu.kz/bitstream/handle/123456789/199/2.%20%D0%A8%D0%B0%
D0%BA%D0%B8%D1%80%D0%BE%D0%B2%20%D0%90.%D0%9E.%20%D0%A1.%
2013-18%281%29.pdf?sequence=1&isAllowed=y

https://online.zakon.kz/Document/?doc_id=31897266&pos=4;-98#pos=4;-98

https://online.zakon.kz/Document/?doc_id=31596083&pos=4;-113#pos=4;-113