of July 29, 2019 No. 189
About approval of the Regulations on Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan
According to the order of the Government of the Republic of Kazakhstan of September 24, 2014 No. 1011 "Questions of the Ministry of national economy of the Republic of Kazakhstan" of PRIKAZYVAYU:
1. Approve the enclosed Regulations on Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan.
2. To provide to committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) within ten calendar days from the date of signing of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;
3) within ten working days after signing of this order 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) and 2) 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 from the date of its signing.
Minister
R. Dalenov
Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of July 29, 2019 No. 189
1. The committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) - is the state executive body of the Republic of Kazakhstan performing management in the field of protection of the competition and restriction of monopolistic activities in the corresponding goods markets, control and regulation of the activities referred to the sphere of the state monopoly.
2. The committee performs the activities according to the Constitution, 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 regulatory legal acts, and also this Provision.
3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
4. The committee enters the civil relations from own name.
5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.
6. The committee on questions of the competence, in the procedure established by the legislation of the Republic of Kazakhstan, makes the decisions which are drawn up by orders of the Chairman of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Committee affirm according to the current legislation.
8. Legal address of Committee: 010000, Nour-Sultan's city, area of Esil, Prospekt Mang_l_k El, house No. 8, office building "House of the ministries", entrance 7.
9. Full name of state body: republican public institution "Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan".
10. This Provision is the constituent document of Committee.
11. Financing of activities of Committee is performed from the republican budget.
12. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.
If the Committee by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.
13. Tasks:
participation in forming and realization of state policy in the field of protection of the competition and restriction of monopolistic activities:
1) assistance to development of fair competition;
2) the prevention, identification and investigation, suppression of violations of the law of the Republic of Kazakhstan in the field of protection of the competition;
3) regulation of economic concentration;
4) demonopolization of the subjects of the market limiting the competition.
14. Functions:
1) implementation:
the state control of compliance with law of the Republic of Kazakhstan in the field of protection of the competition;
control of respect of the state monopoly by subjects of the restrictions set by the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code);
2) submission of the claim in court for termination, change of agreements and (or) recognition invalid the transactions contradicting the Code;
3) coordination of regulatory legal acts in the field of protection of the competition, restriction of monopolistic activities and functioning of the goods markets;
4) the prevention and elimination of abuse of the dominating or monopoly position in the corresponding goods market, except for violations, stipulated by the legislation the Republic of Kazakhstan about natural monopolies;
5) price regulation on the goods, works, services made and realized by subjects of the state monopoly;
6) implementation within the competence of international cooperation and cross-industry coordination of state bodies and other organizations;
7) excitement and consideration within the competence of cases on administrative offenses, imposing of administrative punishment according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses, and also participation in court;
8) development of offers on realization of state policy in the field of protection of the competition and restriction of monopolistic activities;
9) consideration of the petition for receipt of consent to economic concentration;
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