Article 14. Presumption of good faith of business entities and mutual responsibility of the State and business entities of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 14. Presumption of good faith of business entities and mutual responsibility of the State and business entities of the Entrepreneurial Code of the Republic of Kazakhstan

1. By issuing a permit, the state confirms that the licensee, the owner of the permit of the second category, has provided a minimum level of security in accordance with the objectives of state regulation.

2. In the process of state regulation of entrepreneurship, state bodies and their officials should not create obstacles to the legitimate activities of business entities.

3. In the process of state regulation of entrepreneurship, when business entities perform their duties or exercise the rights granted to them by law, their actions are assumed to be in good faith.

A business entity is also considered to be in good faith if, in exercising his rights, legitimate interests and (or) performing his duties, he was guided by the official explanation of the state body given within its competence, fixed in accordance with the legislation of the Republic of Kazakhstan, including if such explanation was subsequently withdrawn, found erroneous or given a new, different meaning. an explanation of the same regulatory legal act, the content of which has not changed.

Losses caused to a business entity as a result of the issuance of an act of a state body that does not comply with the legislation of the Republic of Kazakhstan, as well as the actions (inaction) of officials of these bodies, are subject to compensation in accordance with the procedure provided for by the civil legislation of the Republic of Kazakhstan.

4. The violation of the legislation of the Republic of Kazakhstan committed by a business entity must be described during the inspections. The substantiation of arguments and disclosure of circumstances indicating a violation of the legislation of the Republic of Kazakhstan are the responsibility of government agencies.

The factual information provided by business entities on the circumstances considered by the state body is considered reliable until the court or the state body establishes the opposite in accordance with the legislation of the Republic of Kazakhstan.

All the uncertainties of the legislation of the Republic of Kazakhstan are interpreted in favor of the business entity.

5. It is prohibited to use the rights granted by this Code and other normative legal acts in contradiction with their purpose in order to infringe on the rights and legitimate interests of other business entities or to evade existing duties or legal responsibility for actually committed offenses.

6. The provisions of this article establishing the obligations of state bodies shall apply to the authorized organization in the field of civil aviation.

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Republic of Kazakhstan

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