Trade development program in the Republic of Kazakhstan for 2010 - 2014 years (стр. 6 )

Analysis of the current policy of state regulation of trade.

The policy of state regulation in developed countries is based on the following principles:

regulation of relations in the field of trade by adopting regulations, stimulating its development;

establishing prohibitions and restrictions only in cases where the alleged negative facts can not be prevented by other means;

conduct monitoring to identify the effectiveness and appropriateness of government regulation or the need to introduce state regulation.

Regulation of internal trade.

General regulation. Trade has a low degree of state intervention in the process of interaction between producers and trade organizations, in particular expressed in the absence of regulation of wholesale and distribution companies, the absence of price controls on most commodities.

The basic legislation in the sphere of commercial activity is the Law of the Republic of Kazakhstan "On the regulation of commercial activities", which sets out the principles and organizational basis for its regulation. Also currently 27 trade is regulated by legislative acts (including five codes) and 105 of the regulations governing the issues of internal trade (77 Government resolutions, orders of 28 ministries). In this legal regulation of trade by its type is as follows: on the auction trade - 20 commission - 16, trade order - 16, cross-border trade - 17, exit trade - 17, Exhibition and Fair Trade - 14 e (retail Item on samples) - 16 exchange - 18 normative legal acts.

Analysis of the Law of the Republic of Kazakhstan dated 12 April 2004 "On regulation of commercial activities" conducted by entrepreneurs showed that it has a plurality of reference rules of law relating to:

implementation rules of internal trade;

state regulation of prices;

requirements for the organization of wholesale trade;

order retail sale not trade places;

imposing customs duties on imported and exported goods;

a ban on the import (export) of certain goods;

establishment of tariff quotas;

state monopoly on certain types of goods;

establishing protective measures;

the order of the auction commission, and cross-border electronic exchange trading;

specific requirements for entities trading activities;

resolution of disputes;

determining responsibility for breaking the law.

Moreover, state regulation of trade in currently of particular importance in matters of pricing for socially important food products and ensure the quality and safety of goods. The need for government regulation arises because it is the state guarantees the protection of competition in commerce, takes over the protection of life and health of citizens to purchase goods, provision of other legal interests of society.

Modern terminology. The current law is mainly aimed at regulating commercial activity and stimulates the development of the industry is not enough. In addition, legislation on domestic trade, does not reflect the features of the regulation of all types of internal trade, modern terminology, contains no uniform and unambiguous requirements for the organization of the activities of both retail and wholesale businesses. For example, there is no clear definition of modern retail formats, retail chain, e-commerce.

Requirements for the organization in stores. There are no requirements for the organization of shopping and trade regulations retail space. As a result, during the implementation of urban plans placement of retail trade is uneven, not provided with equal conditions in territorial availability of goods and services.

Further training. At the legislative level is not generated incentives for the organization and development of the system of retraining and advanced training of specialists in the sphere of trade. Most of the subjects of trade mark low level of training and motivation for sales organizations, with the deficit and the lack of qualifications of personnel celebrated at all levels. Systematic training today occupies only large retail chains, usually foreign.

Regulation of foreign trade.

States to pursue a certain foreign policy, foreign trade policy instruments used, the choice of which depends on its specific objectives. To achieve the same purpose may be employed various tools, so each situation concrete state selects a particular combination thereof.

These tools include:

customs tariff - those based on the use of the customs tariff (import and export duties)

nontariff - all other methods (prohibitions or restrictions, including quantitative, quotas, the state monopoly on the export and (or) import of goods, licensing, technical regulations);

protection of the domestic market for imports of goods (anti-dumping, countervailing and safeguard measures).

Often used as tools of bilateral and multilateral agreements.

Customs and tariff policy. Customs and tariff policy in Kazakhstan is based on the 5 following international instruments:

- Agreement on a common customs tariff regulation lays the foundations of the single customs tariff policy - Common Customs Tariff, as well as the mechanism of its functioning - ratified by the Law of the Republic of Kazakhstan dated 18 November 2008.

- Protocol concerning the conditions and procedure for use in exceptional cases of import duties different from the rates of the Common Customs Tariff - ratified the Law of the Republic of Kazakhstan dated 24 November 2009.

- Protocol to grant tariff preferences - ratified the Law of the Republic of Kazakhstan dated 24 November 2009.

- Agreement on the terms and application of tariff quotas - ratified by the Law of the Republic of Kazakhstan dated 24 November 2009.

- Protocol on the common system of tariff preferences customs union - ratified the Law of the Republic of Kazakhstan dated 24 November 2009.

All of the above contract in accordance with the decision of the Supreme Body of the Customs Union (EurAsEC Interstate Council) November 27, 2009 № 18, entered into force on 1 January 2010. Also in this Decision have been approved:

Common Customs Tariff of the Customs Union, which is a set of uniform import duties applicable to imports from third countries and not covered by export duties.

At present, it is assumed that the parties themselves determine the lists of goods to be subject to export duties and inform the Commission of the Customs Union and each other.

List of developing countries - users of the system of tariff preferences of the Customs Union;

The list of least developed countries - the users of the system of tariff preferences of the Customs Union;

List of goods originating in and imported from developing and least developed countries, the import of which tariff preferences;

List of goods and rates in respect of which, during the transitional period, one of the states - members of the customs union, the rates of import duties different from the rates of the Common Customs Tariff of the Customs Union;

A list of sensitive products for which the decision to change the import duty Customs Union Commission adopts by consensus.

Non-tariff measures. These measures in the framework of the Customs Union are governed by:

Agreement on common non-tariff regulatory measures in relation to third countries of 25 January 2009 defining the basic provisions of the measures of non-tariff regulation;

Agreement on the introduction and application of measures affecting foreign trade in goods, the common customs territory of third countries from June 9, 2009, defining the order of application of non-tariff measures;

Agreement on the licensing rules in the field of foreign trade of 9 June 2009 determining the procedure for issuing licenses and permits for export and (or) import of goods.

Measures to protect the domestic market for imported goods. An important element is the formation of a uniform policy governing the relations associated with the use of special protective, antidumping and countervailing measures.

The basic document of the Customs Union in the field of application of trade measures is the Agreement on the application of special protective, antidumping and countervailing measures against third countries from 25 January 2008.

In general, much of the opportunity to fully independent foreign policy is limited. However, there are some positive aspects related to improving the status of Kazakhstan as a member of the Customs Union, as the Kazakh market is now part of the market of the Customs Union, which increases its attractiveness for access of foreign goods. Furthermore, the use of Russian-Belarusian experience in the application of trade measures will create favorable conditions for the support of domestic producers. Participation in international negotiations as a single customs union will strengthen the position in the global market and have a positive impact on the image of our country as a trade and investment partner.

Participation in the international rankings.

An important criterion for the development of the state's economy, improve its competitiveness is the World Economic Forum (hereinafter - WEF). With regard to trade, the WEF ranking forms of involvement in the world trading system. According to this indicator in 2010, Kazakhstan occupies 88 th position.

It should be noted that the index comprises nine fields.

The first area - access to the domestic or foreign market goods. For 2010, Kazakhstan is located in this area on 53 place. At the same time improving the policy of state regulation of the title figure depends on the cooperation in the framework of the Customs Union, rather than from the action at the national level.

The second direction - the efficiency of customs administration. Kazakhstan is on 103 place, improving the situation compared with 2009 by 3 positions. The index takes into account the process of carrying out customs procedures, as well as the volume of services provided by the customs authorities and other stakeholders. The adoption of measures to improve the named index is less dependent on the interaction within the Customs Union. Kazakhstan has significant potential to simplify customs administration in the framework of national legislation.