ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2017 No. 435

About approval of the Technique of forming of standards and quality evaluations of regulated services of subjects of natural monopolies in the corresponding industry (sphere)

According to subitem 4-8) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics", PRIKAZYVAYU:

1. Approve the enclosed Technique of forming of standards and quality evaluations of regulated services of subjects of natural monopolies in the corresponding industry (sphere).

2. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in paper and electronic type in the Kazakh and Russian languages on official publication in periodic printing editions, and also in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2018 and is subject to official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 28, 2017 No. 435

Technique of forming of standards and quality evaluation of regulated services of subjects of natural monopolies in the corresponding industry (sphere)

Chapter 1. General provisions

1. This Technique of forming of standards and quality evaluation of regulated services of subjects of natural monopolies in the corresponding industry (sphere) (further - the Technique) regulates forming of standards and quality evaluation of regulated services of subjects of natural monopolies in the corresponding industry (sphere) (further - services).

2. The technique is applied in case of:

1) development and approval of the quality standards of services;

2) to quality evaluation of services.

The technique does not extend to subjects of low power, except for subjects of low power for whom it is approved or which submit the application for approval of rate taking into account the stimulating tariff setting methods.

3. Forming of standards and quality evaluation of services by spheres are based on the following principles:

1) law enforcement through observance of basic provisions of the Law of the Republic of Kazakhstan "About natural monopolies", other regulatory legal acts of the Republic of Kazakhstan concerning the sphere of regulation of activities of subjects of natural monopolies;

2) ensuring equivalence of opinions of consumers of services and subjects of natural monopolies by accounting in case of assessment of the quality standards of service, opinions of consumers of services and suppliers (subjects of natural monopolies) of services;

3) ensuring objective approach of department and/or its territorial subdivision when making actions for forming and assessment of the quality standards of services of subjects of natural monopolies, ensuring transparency of access to results of forming of standards and quality evaluation of services, both to subjects of natural monopolies, and consumers of services, by publication on Internet resource of department of authorized body of information on the approved quality standards of services, observance of these standards by subjects of natural monopolies and results of quality evaluation of services;

4. In the Technique the following concepts are used:

1) the newly created subject - the individual entrepreneur or the legal entity who began or planning to begin implementation of activities for production of goods, works and (or) to the consumer service delivery in the conditions of natural monopoly;

2) target measure value - the digital measure value approved by Committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan (further - department) and/or its territorial subdivision which is reached by the subject on completion of the period of action of the quality standard of service;

3) competent authority - the state body performing management of the corresponding industry (sphere) of public administration;

4) the quality standard of services - the minimum requirements to procedure for provision by the subject of service including characteristics of process, content, results of rendering service, indicators and their target values;

5) service quality standard indicator (further - indicator) - quantitatively measured characteristic of service quality of the subject;

6) the subject of natural monopoly (further - the subject) - the individual entrepreneur or the legal entity occupied with production of goods, performance of works and/or the consumer service delivery in the conditions of natural monopoly;

7) authorized body - the state body performing management in spheres of natural monopolies;

Other concepts and terms used in the Technique are applied according to the legislation of the Republic of Kazakhstan on natural monopolies.

Chapter 2. Development and approval of the quality standard of services

Paragraph 1. Forming of the quality standards of services by spheres of natural monopolies

5. Forming of the quality standard of service consists of the following stages:

forming of the list of indicators of service quality;

development of target measure values and acceptable deviations from target measure values by the subjects rendering this service;

approval of the quality standard of services.

6. Development, approval and implementation of standards and quality evaluation of services by spheres is performed by department separately for each service according to the List of regulated services (goods, works) of subjects of natural monopolies approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 30, 2014 No. 186 (it is registered in the Register of state registration of regulatory legal acts for No. 10469).

7. When forming standards and quality evaluations of services by spheres of natural monopolies are used the following sources of information:

1) survey results of the consumers who are carried out by department and/or its territorial subdivision when forming the quality standards of services;

2) data of monitoring on observance by subjects of the quality standards of services;

3) the departments this own researches;

4) the data received from competent authorities;

5) the data received from the state body performing management in the sphere of the state statistical activities.

8. Department develops the draft standard of service quality in form, according to appendix 1 to the Technique.

9. Before work on the draft standard of service quality department determines the name of service in cases if:

the draft standard of service quality is developed for the first time;

the period of action of the quality standard for service comes to an end less than in 200 (two hundred) calendar days.

10. Department publishes on the Internet - resource the press release about the beginning of work on project development of the quality standard of service (further - the press release).

11. After the publication of the press release, for development of agreed decisions by the head of department within 15 (fifteen) calendar days the working group on forming of the draft standard and quality evaluation of certain service (further - the Working group) as a part of at least 9 (nine) people is created.

Enter into the Working group: representatives of department, authorized and competent bodies of the respective sphere of natural monopoly, independent experts, representatives of associations of subjects, in case of lack of consolidation of subjects - representatives of subjects, consumer spokesmen of services of subjects.

Paragraph 2. Forming of the list of indicators of service quality

12. Department within 10 (ten) calendar days from the date of publication of the press release develops the draft of the list of indicators of service quality (further - the list) which includes indicators from the minimum list of indicators provided for the corresponding service in appendix 2 to the Technique.

13. Indicators are created proceeding from importance for consumers of service, measurement of consumer satisfaction by service quality and availability of services to consumers.

14. Department and/or its territorial subdivision within 20 (twenty) calendar days from the date of publication of the press release, according to the State register of subjects of natural monopolies creates the draft of the list of the subjects rendering service for which the draft standard of service quality is developed.

15. Within 30 (thirty) calendar days from the date of publication of the press release the list goes to the subjects providing service according to draft standards of service quality.

16. The subject within 30 (thirty) calendar days from the moment of receipt of the list provides in department and/or its territorial subdivision information on the actual and planned measure values of the quality standard of service according to appendix 3 to the Technique.

The subject represents to department and/or its territorial subdivision of the offer on exception and/or amendment of any indicators of the draft of the list.

17. The subject in case of determination of annual average planned and actual measure values uses the following sources of information:

1) regulations of work of the subject;

2) the internal orders and other documents of the subject regulating quality requirements of service;

3) the list of consumers with appendix of standard agreements;

4) data of emergency services on claims/addresses of consumers on the services rendered by the subject;

5) magazines of registration of requests of consumers of service of the subject (in the presence);

6) magazines of registration of addresses of consumers of service of the subject (in the presence);

7) registers of visits by representatives of the subject of consumers according to their requests and/or the statements which are drawn up in case of visit by representatives of the subject of consumers according to their requests;

8) registers of accidents.

The subject sends to department and/or its territorial subdivision any information which according to the subject, is important for determination of annual average planned and actual measure values.

18. The offers on exception and/or amendment of the list received from subjects new indicators are submitted by department and/or its territorial subdivision for discussion of the Working group and, in case of their approval by the Working group, department and/or its territorial subdivision will organize the additional charge at all subjects rendering the corresponding service, annual average values actual and planned (in the presence) on the offered indicators.

19. Department creates the specified draft of the list which includes:

1) indicators from the draft of the list, except for indicators which exception is offered more than a half of subjects;

2) the indicators offered by subjects (in the presence).

At the same time, the quantity of the indicators included in the draft of the list cannot exceed 10 (ten).

20. According to the draft of the list department and/or its territorial subdivision will organize poll of consumers of service by subjects (further - poll of consumers).

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