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

of January 16, 2019 No. 6

About approval of Rules of rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities

According to subitem 7-1) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities.

2. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers 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 the direction it in the Kazakh and Russian languages 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 after its official publication;

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 after ten calendar days from the date of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of January 16, 2019 No. 6

Rules of rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities

Chapter 1. General provisions

1. These rules of rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities (further – Rules) are developed according to subitem 7-1) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities.

2. These rules are directed to simplification of the procedure of receipt of the services which are obligatory for physical persons and legal entities according to article 163-1 of the Code and the obligatory services provided by the List, rendered by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities.

3. In Rules the following basic concepts are used:

1) the obligatory services rendered by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities (further - Obligatory services) - the activities (actions, processes) performed by subjects of natural monopolies and (or) the quasi-public sector which receipt for physical persons and legal entities is obligatory according to the legislation of the Republic of Kazakhstan and also confirm their right to implementation of the activities or actions (transactions) by them, and non receipt of such services attracts administrative or civil responsibility;

2) subjects of the quasi-public sector - the state companies, limited liability partnerships, joint-stock companies, including national managing holdings, national holdings, the national companies, founder, the participant or the shareholder of which is the state, and also the affiliated, dependent and other legal entities who are affiliirovanny with them according to legal acts of the Republic of Kazakhstan;

3) the subject of natural monopoly - 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;

4) uslugopoluchatel are consumers (physical persons and legal entity) consuming the services provided by subjects of natural monopolies and the quasi-public sector for the purpose of implementation of the tasks connected with their activities;

5) authorized body - the state body performing management in this or that sphere.

Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

4. Form of rendering obligatory services: electronic or paper.

4-1. When rendering obligatory services to physical persons and legal entities subjects of natural monopolies and the quasi-public sector use objects of informatization, and also present data in the machine-readable form in objects of informatization "the electronic government.

Chapter 2. Procedure for rendering obligatory services by subjects of natural monopolies and the quasi-public sector within protection of the competition and restriction of monopolistic activities

5. The basis for rendering obligatory services is receipt by subjects of natural monopolies and the quasi-public sector (further - Subjects) statements and/or petitions from uslugopoluchatel for receipt of the corresponding service.

6. Procedures (action) which are part of process of rendering obligatory services by Subjects:

1) registration of a statement and/or petitions for rendering obligatory service;

2) consideration of completeness of the submitted documents;

3) in case of completeness of the submitted documents uslugopoluchatel, registration of result of rendering obligatory service according to terms and requirements stipulated by the legislation the Republic of Kazakhstan in the respective sphere;

4) direction of result of rendering obligatory services to uslugopoluchatel.

7. Reception of applications and/or petitions on rendering obligatory service and issue of results of its consideration is performed through the State corporation, the web portal of "the electronic government" or office of Subjects.

8. Terms of rendering obligatory service are established by Subjects according to the legislation of the Republic of Kazakhstan in the respective sphere, but cannot exceed 30 (thirty) calendar days from the moment of filing of application or the petition on rendering obligatory service by uslugopoluchatel.

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