Order of the Minister of national economy of the Republic of Kazakhstan "About approval of Rules of implementation of activities by subjects of natural monopolies"

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

of August 13, 2019 No. 73

About approval of Rules of implementation of activities by subjects of natural monopolies

(as amended on 18-10-2023)

According to the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics", the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" and the subitem 6) article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of activities by subjects of natural monopolies.

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 to provide in the procedure established by the legislation of the Republic of Kazakhstan:

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 Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" 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 after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of August 13, 2019 No. 73

Rules of implementation of activities by subjects of natural monopolies

Chapter 1. General provisions

1. These rules of implementation of activities by subjects of natural monopolies (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and the subitem 6) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" (further – the Law) and determine procedure of activities by subjects of natural monopolies, and also rendering the state services "Inclusion and Exception of the State Register of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication", "Issue of consent to transactions with property of the subject of natural monopoly if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for services in the field of air navigation and the airports and communication "and" issue of consent to reorganization and liquidation of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication".

2. These rules determine:

1) procedure for inclusion and exception of the State register of subjects of natural monopolies;

2) procedure for carrying out public hearings;

3) procedure for issue of consent to making of separate actions by the subject of natural monopoly, and also acceptance from the subject of natural monopoly of the notification on implementation of the activities which are not relating to regulated services according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications);

4) procedure for carrying out purchases by subjects of natural monopolies;

5) procedure for providing equal conditions of access to regulated services;

6) procedure for carrying out performance reports of the approved tariff estimates, about execution of the approved investing programs, about observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies before consumers and other interested persons;

7) procedure for placement of information on availability of free and available capacities, reservoirs, places, handling capacities of networks of the subject of natural monopoly, and also schemes of engineering communications of utilities in spheres of natural monopolies, except for the data relating to the state secrets and other secret protected by the law according to the laws of the Republic of Kazakhstan;

8) procedure for approval of payment for acquisition and installation of the metering device;

9) approval procedure of performance indicators of activities of subjects of natural monopolies;

10) procedure of the state control in spheres of natural monopolies;

11) procedure for informing consumers and (or) authorized body about rate, its change;

12) approval procedure of indicators of quality and reliability of regulated services;

13) procedure for carrying out public monitoring and (or) technical expertize of execution of the approved investing program, observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies;

14) forms:

petitions for consent on transactions with the property used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, and reorganization or liquidation of the subject natural monopolies;

reports of the subject of natural monopoly before consumers and other interested persons:

about execution of the approved tariff estimate;

about execution of the approved investing program;

about observance of indicators of quality and reliability of regulated services;

about achievement of performance indicators of activities of subjects of natural monopolies.

3. In these rules the following basic concepts and terms are used:

1) territorial authority - the territorial authority of department of authorized body exercising regulation and control of activities of subjects of the natural monopolies included in the local Section of the State register of subjects of natural monopolies within the competence;

2) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the purchase agreements applying for the conclusion;

3) tender (tender) - the method of procurement providing the competition between potential suppliers and directed to detection of the most advantageous conditions of the agreement of purchases;

4) the tender (tender) committee - the commission which is created of number of persons employed of the subject of natural monopoly, and also employees of its affiliates, in case of performance as the single organizer of purchases, for implementation of purchases of goods, works, services in cases and the methods provided by these rules;

5) the tender documentation - the document package placed by the subject of natural monopoly on information systems of electronic procurement for preparation of the bid, containing conditions and procedure for carrying out tender;

6) the competitive (tender) request - the competitive proposal of the potential supplier constituted according to the tender documentation;

7) warranty providing the bid - pledge of money or the bank guarantee provided by the potential supplier who showed willingness to take part in tender;

8) target measure value - digital measure value which is reached by the subject of natural monopoly on completion of the period of action of the rate approved using the stimulating method of tariff regulation;

9) limited handling capacity of siding - the maximum quantity of railway vehicles which can be passed on specific siding for settlement period of time (days) depending on technical and technological capabilities of siding;

10) competent authority - the state body performing management in the field of power, rail transport, production, transportation (transportation), storage and wholesale of gas, and also retail sale and consumption of the commodity and liquefied oil gas, use and protection of water fund, water supply, water disposal or local executive body of area, city of republican value, the capital;

11) limited handling capacity of the high-level railway system - the maximum quantity of trains and couples of trains which can be passed on the specific railway district for settlement period of time (days) depending on technical and technological capabilities of infrastructure, railway vehicles and methods of the organization of train service taking into account the omission of trains of different categories;

12) property of the subject of natural monopoly, transactions with which provide approval - the personal and real estate which is in property of the subject of natural monopoly used for provision of regulated service, if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year;

13) the list of the main requirements to rendering the state service – the list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service;

14) authorized body by assessment and control of quality of rendering the state services - the central state body performing activities for assessment and control of quality of rendering the state services within the competence;

15) the petition - the written application of the subject of natural monopoly about consent on making of separate actions;

16) the expert (the expert organization) - the physical person or legal entity having special knowledge or experience in the activities subjected to examination and rendering services in conducting technical expertize;

17) purchase - acquisition by the subject of natural monopoly of goods, works, services, costs for which are considered in case of approval of rate using costly method of tariff regulation, according to the procedure, established by these rules;

18) performance indicators of activities of subjects of natural monopolies - the ratio of results of activities of the subject of natural monopoly and its economic, management, production costs considered when forming rate, except for the purchases specified in Item 1 of article 23 of the Law;

19) the State register of subjects of natural monopolies - the list of the individual entrepreneurs and legal entities providing regulated services, created by authorized body according to the subitem 4) of article 8 of the Law (further - the Register);

20) property acquisition of the subject of natural monopoly - transfer by the subject of natural monopoly to property to other person (persons) of the rights on ownership, use and the order of property;

21) the affiliate of the subject of natural monopoly - person (except for the state bodies performing regulation of its activities within the conferred powers) who has opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on the decisions made by the subject of natural monopoly, including owing to the agreement, including the verbal agreement, or other transaction, and also any person concerning whom the subject of natural monopoly has such right;

22) transactions with property of the subject of natural monopoly - the actions of the subject of natural monopoly directed to establishment, change or the termination of the rights and obligations to the personal and real estate used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for transactions with the property which is strategic object according to Article 193-1 of the Civil code of the Republic of Kazakhstan;

23) access to regulated services of subjects of natural monopolies - possibility of consumers to use regulated services of subjects of natural monopolies on conditions is at least favorable, than on what the similar service is provided to other consumers;

24) technical expertize - the analysis of technical condition (technical characteristics) of the involved assets, efficiency of engineering procedure, including compliance of regulations of material, labor costs, production technologies, assessment of execution of investing programs, level of involvement and justification of distribution of fixed assets by types of the provided regulated services;

25) specifications - the technical requirements necessary for connection to networks of the subject of natural monopoly: transfers of electrical, heat energy, water supply and water disposal, and also to trunk gas pipelines and oil pipelines, to gas-distribution systems and group reservoir installations according to the development plan for engineering communications according to the approved draft of the detailed layout (the scheme of building) or on increase in amount of regulated service;

26 payment document - the document (the account, the notification, the receipt, the account prevention constituted based on indications of metering devices) based on which payment for utilities in spheres of natural monopolies is made;

27) authorized body - the state body performing management in spheres of natural monopolies, except for spheres of air navigation, the airports on provision in property employment (lease) or use of the cable sewerage;

28) department of authorized body - the department of state body exercising regulation and control of activities of subjects of natural monopolies, except for subjects of the natural monopolies providing regulated services to air navigation, the airports on provision in property employment (lease) or use of the cable sewerage;

29) the list of the goods which are purchased by the subject of natural monopoly, works, services, costs for which are considered in case of approval of rate (further - the List), - the nomenclature of the goods which are purchased within year by the subject of natural monopoly, works, services, costs for which are considered in case of approval of rate using costly method of tariff regulation, with indication of units of measure, amounts, terms, methods of procurement, and also the maximum sizes of the amounts directed within one year to purchases of each type of goods, works, services;

30) homogeneous goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions;

31) unreliable information - the false data containing in the request of the potential supplier for participation in tender, and which are equally introduced by the corrections distorting the valid content and untrue the provided request of the potential supplier;

32) information system of electronic procurement (further - the portal) - the portal providing single point of access to electronic procurement, the natural monopolies performed by subjects;

33) the purchase agreement - the civil agreement signed by means of information system of electronic procurement between the customer and the supplier, certified by digital signatures, except as specified, stipulated by the legislation the Republic of Kazakhstan;

34) the technical expert - the physical person or the representative of the legal entity having (having) special and (or) technical knowledge, experience and qualification in the field of the carried-out purchases, the confirmable relevant documents (diplomas, certificates, certificates and other documents), attracted by subjects of natural monopolies to participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services.

Chapter 2. Procedure for inclusion and exception of the State register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication

4. The register is created in electronic form in form 1 according to appendix 1 to these rules.

The republican Section of the Register joins the subjects of natural monopolies providing regulated services in the territory of two and more areas, the cities of republican value and the capital.

Local Sections of the Register join the subjects of natural monopolies providing regulated services in the territory of one area or the city of republican value, or the capital.

The subjects of natural monopolies providing regulated services of ports join in the republican Section of the Register.

Action of these rules does not extend to the individual entrepreneurs and legal entities performing activities according to item 4 of article 3 of the Law.

5. The state service "Inclusion and Exception of the State Register of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication" (further - Inclusion and exception of the State register) appears department of authorized body or its territorial authority (further - the service provider) to physical persons and legal entities (further - uslugopoluchatel) in c compliance these rules.

Uslugopoluchatel addresses to the service provider through the web portal of "the electronic government" www.egov.kz (further - the portal) with the statement:

no later than fifteen calendar days from the date of the beginning of provision of regulated service to consumers for inclusion in the State register of the subject of natural monopolies in form 2 according to appendix 1 to these rules.

At the same time the individual entrepreneur or the legal entity providing regulated services of transfer of electrical energy specifies number and date of issue of information of state body on the state energy supervision and control about activities compliance to requirements of Item 6 of article 13-1 of the Law of the Republic of Kazakhstan "About power industry" (further – the Law on power industry).

In case of the termination of provision of regulated service the subject of natural monopoly no later than fifteen calendar days submits in authorized body the application for exception it from the State register of subjects of natural monopolies in form 3 according to appendix 1 to these rules.

6. The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the list of the main requirements to rendering the state service "Inclusion and Exception of the State Register of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication" according to appendix 1-1 to these rules.

7. The term of consideration of documents by the service provider constitutes:

inclusion in the State register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication - 30 minutes;

exception of the State register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication - 2 working days.

Processing of the statement of uslugopoluchatel for inclusion in the State register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication is performed within 30 (thirty) minutes from the moment of receipt in the state information system of permissions and notifications, further following the results of the certificate on inclusion in the state register of subjects of natural monopolies is created, except for services in the field of air navigation and the airports and communication in electronic form signed by the transport signature of the state information system of permissions and notifications and goes to personal account of uslugopoluchatel on the portal.

8. The subject of natural monopoly joins in the Register in the place of its registration as the legal entity or as the individual entrepreneur, except for the foreign legal entity who is subject to inclusion in the Register in the place of provision of regulated service by it.

The subject of natural monopoly included in appropriate section of the Register in case of change of the place of its registration to other area, other city of republican value or the capital, no later than five working days from the date of such change submits the application for exception of the Register in the place of former registration. At the same time the subject of natural monopoly no later than one working day from the date of exception of the Register submits the application for inclusion it to the Register in the place of new registration.

Inclusion of the subject of natural monopoly in the Register in the place of new registration is not the basis for its reference to the newly created subject natural monopolies in the presence of the approved rate according to the legislation on natural monopolies.

9. In case of the address of uslugopoluchatel with the statement on exception of the State register of the subject of natural monopolies, except for services in the field of air navigation and the airports and communication the service provider in day of receipt of documents (in case of receipt after 18:00 hours, the statement is registered the next working day, in days off and holidays according to the Labor code of the Republic of Kazakhstan (further – the Code), reception of applications and issue of results of rendering the state service is performed the next working afternoon) performs their acceptance and registration and transfers to execution to responsible structural division.

In case of the address through the portal in "personal account" in the history of addresses of uslugopoluchatel the status about acceptance of request for rendering the state service, and also the notification with indication of the date of receipt of result of the state service is displayed.

In representation cases uslugopoluchatel of incomplete document package according to the list of documents and (or) documents with the expired effective period the service provider within 1 (one) working day refuses reception of an application.

10. In case of completeness of the submitted documents and the conclusion of structural division of the corresponding industry of the service provider the responsible structural division within 1 (one) working day makes the decision on exception of the State register of subjects of natural monopolies, creates the certificate on exception of the state register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication, or motivated refusal in rendering the state service.

The result of rendering the state service goes electronically the head of the service provider signed by the EDS to personal account of uslugopoluchatel on the portal.

11. The basis for refusal in exception of the State register of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by these rules;

3) the negative reply of authorized state body to request about approval which is required for rendering the state service, and also negative experimental testimony, researches or checks;

4) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;

5) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.

12. The claim to decisions, action (failure to act) of the service provider concerning rendering the state services can be submitted addressed to the head of the service provider, authorized body and to authorized body by assessment and control of quality of rendering the state services according to the legislation of the Republic of Kazakhstan.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

Consideration of the claim in pre-judicial procedure concerning rendering the state services is made by higher administrative authority, authorized body by assessment and control of quality of rendering the state services (further – the body considering the claim) within 15 (fifteen) working days from the date of its registration.

The claim is submitted to the service provider whose decision, action (failure to act) is appealed.

The service provider, whose decision, action (failure to act) is appealed, no later than 3 (three) working days from the date of receipt of the claim sends it and administrative case to the body considering the claim.

At the same time the service provider whose decision, action (failure to act) is appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

If other is not provided by the Law, appeal to the court is allowed after appeal in pre-judicial procedure.

13. The term of consideration of the claim by the service provider, authorized body, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the applicant who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

13-1. In disagreement cases with results of rendering the state service the uslugopoluchatel can take a legal action according to the subitem 6) of Item 1 of article 4 of the Law on the state services.

Chapter 3. Procedure for carrying out public hearings

Paragraph 1. General provisions

14. The purpose of carrying out public hearings is ensuring publicity, knowledge, respect for balance of consumer interests and subjects of natural monopolies, transparency of the procedure of forming of rates.

15. Department of authorized body or its territorial authority carries out public hearings in case of discussion of the project of rate in cases and terms, stipulated in Item the 13th article 15 of the Law.

Local executive bodies of areas, cities of republican value, the capital carry out public hearings in case of discussion of regulations of consumption of utilities in spheres of natural monopolies for the consumers who do not have metering devices a month before their approval.

The report of the subject of natural monopoly before consumers and other interested persons is carried out in the form of public hearing according to the procedure, determined by these rules and in terms, stipulated in Item the 6th article 25 of the Law.

Paragraph 2. Procedure of carrying out public hearings

16. Department of authorized body or its territorial authority not later than thirty calendar days about day of carrying out public hearings on discussion of the project of rate places on the Internet resource and publishes the announcement of carrying out public hearings in the periodic printing edition.

In case of establishment of rates for utilities in spheres of natural monopolies, regulated services in production, transfer, distribution and (or) supply with heat energy department of authorized body or its territorial authority in addition publishes information on date and the venue of public hearings in the periodic printing editions distributed to the territories of the corresponding administrative and territorial unit.

In case of settlement of a tariff by method of indexation and determination of rate based on the signed agreement of public-private partnership, including the agreement of concession, the subject of natural monopoly places on the Internet resource or in the periodic printing editions distributed to the territories of the corresponding administrative and territorial unit, information on date and the venue of public hearings in thirty calendar days prior to their carrying out.

Public hearings are carried out by department of authorized body or its territorial authority in case of approval of rate in time, not later than thirty calendar days before approval of rate.

Public hearings are carried out in time, not later than ten calendar days before approval of rate:

in case of approval of rate in the simplified procedure;

in case of change of the approved investing program in connection with implementation of state programs of the Republic of Kazakhstan;

in case of the change of cost of electrical energy and self-produced water used by nuclear power complex by provision of regulated services in production, transfer, distribution and (or) supply with heat energy and to water supply, connected with the change in price for gas and (or) its transportation;

in case of non-compliance with indicators of quality and reliability of regulated services;

in case of discrepancy of activities of the subject of natural monopoly providing regulated service in transfer of electrical energy, requirements of Item 6 of article 13-1 of the Law on power industry based on information of state body on the state energy supervision and control;

in case of not achievement of performance indicators of activities of subjects of natural monopolies.

The announcement of the forthcoming public hearing includes date and the venue of public hearings.

17. Public hearings on discussion of the project are carried out with the invitation of deputies of Parliament of the Republic of Kazakhstan, maslikhats, representatives of local government bodies, state bodies, the subject of natural monopoly, mass media, public associations, independent experts, consumers and other interested persons.

18. The subject of natural monopoly after publication by authorized body in the periodic printing edition of the announcement of date and the venue of public hearings represents upon the demand of participants of public hearings before carrying out public hearings:

projects of rate and tariff estimate;

information on the reasons of change of rate with economically reasonable calculations.

19. For carrying out public hearings from number of persons employed of department of authorized body or its territorial authority the chairman of public hearings (further - the Chairman) and the secretary who takes the protocol is appointed.

20. In the course of carrying out public hearings on discussion of the project of rate the protocol and the shorthand report is taken.

21. The chairman opens in due time public hearings, announces their purpose, the agenda and regulations.

22. In the performance the subject of natural monopoly makes detailed explanation and reasons for the offered project of rate with appendix of confirmatory photos, video records (in the presence).

23. The chairman asks questions to speakers states the line item on cases in point, requires observance of regulations.

To person breaking procedure during public hearings, the chairman makes the warning. In case of further violation of procedure the specified person leaves from the room.

24. Participants of public hearings express the point of view, opinions on case in point, ask questions to speakers, use auxiliary materials (posters, schedules) in the performance.

The opinion expressed by the participant of public hearing in writing is equated to the appeal of physical person or legal entity to the official and is subject to obligatory entering into the protocol of public hearing, and also further review and acceptance of adequate measures.

25. The chairman sums up the results and closes public hearings.

26. Department of authorized body or its territorial authority places on the Internet resource results of the carried-out public hearings on discussion of the project of rate, including the shorthand report of discussions, protocols of meetings with the made decisions on cases in point within ten calendar days after day of their carrying out.

Chapter 4. Procedure for issue of consent to making of separate actions by the subject of natural monopoly, and also acceptance from the subject of natural monopoly of the notification on implementation of the activities which are not relating to regulated services according to the Law of the Republic of Kazakhstan "About permissions and notifications"

27. This Chapter determines procedure, terms of representation and consideration of the petition and issue of the consent of authorized body by department or its territorial authority to making of separate actions by the subject of natural monopoly, and also acceptance from the subject of natural monopoly of the notification on implementation of the activities which are not relating to regulated services according to the Law on permissions and notifications.

28. The service provider agrees to making of the following actions:

transactions with the property used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year except for of services in the field of air navigation and the airports and communication exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year;

reorganization or liquidation, except for services in the field of air navigation and the airports and communication;

transactions with the property used for provision of regulated service of sidings.

Issue of consent to transactions with property of the subject of natural monopoly if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for services in the field of air navigation and the airports and communication and issue of consent to reorganization and liquidation of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication c rendered by the service provider according to the petition in compliance these rules are the state services.

The documents which are trade secret are represented by the subject of natural monopoly with obligatory mark "trade secret".

29. The subject of natural monopoly submits the petition in the place of inclusion it to the Register.

If the subject of natural monopoly is included at the same time in republican and local Sections of the Register, that petition moves in department of authorized body.

30. The term of consideration of documents by the service provider constitutes:

issue of consent to transactions with property of the subject of natural monopoly if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for services in the field of air navigation and the airports and communication - 10 working days;

issue of consent to reorganization and liquidation of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication - the 5th working day.

31. For receipt of the state service "Issue of Consent to Transactions with Property of the Subject of Natural Monopoly if Book Value of Property concerning Which the Transaction Considered in the Balance Sheet for the Beginning of the Current Year Is Made Exceeds Percent 0,05 from Book Value of Its Assets according to the Balance Sheet for the Beginning of the Current Year, Except for Services in the field of Air Navigation and the Airports and Communication", the uslugopoluchatel through the portal represents to the service provider:

1) the petition for receipt of consent of authorized body in form 1 according to appendix 2 to these rules;

2) the electronic copy of the statement confirmation from the balance sheet for the beginning of the current year signed by the head of the subject of natural monopoly with indication of the name, type, type, accession number, original, residual cost of alienable property by on alienable objects.

32. The list of the main requirements for rendering the state services including the characteristic of process, form, content and result of making of separate actions by the subject of natural monopoly, and also other data taking into account features of rendering the state service are stated in the list of the state service "Issue of Consent to Transactions with Property of the Subject of Natural Monopoly if Book Value of Property concerning Which the Transaction Considered in the Balance Sheet for the Beginning of the Current Year Is Made Exceeds Percent 0,05 from Book Value of Its Assets according to the Balance Sheet for the Beginning of the Current Year, Except for Services in the field of Air Navigation and the Airports and Communication" according to appendix 2-1 to these rules.

33. In case of the address of uslugopoluchatel with the petition for issue of consent to transactions with property of the subject of natural monopoly if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for services in the field of air navigation and the airports and communication in day of receipt of documents the service provider performs their acceptance and registration and transfers to execution to responsible structural division (in case of receipt after 18:00 hours, the statement is registered the next working day, in days off and holidays according to the Code, reception of applications and issue of results of rendering the state service is performed the next working afternoon).

In representation cases uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider within 2 (two) working days sends the notification on refusal in reception of an application to "personal account" of uslugopoluchatel on the portal.

In case of completeness of the submitted documents and based on the carried-out calculations within 7 (seven) working days the structural division of the corresponding industry of the service provider provides the corresponding conclusion, following the results of responsible structural division within 1 (one) working day, makes the decision on issue of consent to transactions with the property used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current calendar year, except for services in the field of air navigation and the airports and communication.

In case of adoption of the provisional solution about refusal in rendering the state service the responsible structural division notifies uslugopoluchatel not later than three working days on time and the place (method) of carrying out hearing, with appendix of the provisional solution about refusal in rendering the state service, for opportunity to express uslugopoluchatel line item according to the provisional solution.

The procedure of hearing is carried out according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The result of rendering the state service goes electronically the head of the service provider signed by the EDS to "personal account" of uslugopoluchatel on the portal.

34. For receipt of the state service "Issue of Consent to Reorganization and Liquidation of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication", uslugopoluchatel through the web portal of "the electronic government" www.egov.kz (further – the portal) represents to the service provider:

1) the petition for receipt of consent of authorized body in form 2 according to appendix to 2 these rules;

2) the electronic copy of the transfer act – in case of merge, accession, transformation;

3) the electronic copy of the separation balance sheet – in case of separation, allocation;

4) the electronic copy of the liquidation balance sheet – in case of liquidation.

The list of the main requirements for rendering the state services including the characteristic of process, form, content and result of making of separate actions by the subject of natural monopoly, and also other data taking into account features of rendering the state service "Issue of Consent to Reorganization and Liquidation of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication" are stated in the list of the main requirements to rendering the state service "Issue of Consent to Reorganization and Liquidation of Subjects of Natural Monopolies, Except for Services in the field of Air Navigation and the Airports and Communication" according to appendix 2-2 to these rules.

35. In case of the address of uslugopoluchatel with the petition to issue of consent to reorganization and liquidation of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication in day of receipt of documents the service provider performs their acceptance and registration and transfers to execution to responsible structural division (in case of receipt after 18:00 hours, the statement is registered the next working day, in days off and holidays according to the Code, reception of applications and issue of results of rendering the state service is performed the next working afternoon).

On the portal in "personal account" in the history of addresses of uslugopoluchatel the status about acceptance of request for rendering the state service, and also the notification with indication of the date of receipt of result of the state service is displayed.

The responsible structural division checks completeness of the submitted documents, and data, in case of not completeness of which within 2 (two) working days sends the notification on refusal in reception of an application to "personal account" of uslugopoluchatel on the portal, in case of completeness of the submitted documents within 3 (three) working days checks for compliance to Item 36 of these rules and makes the decision on issue of consent to reorganization and liquidation of subjects of natural monopolies, except for services in the field of air navigation and the airports and communication.

The procedure of hearing is carried out according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The result of rendering the state service goes electronically the head of the service provider signed by the EDS to "personal account" of uslugopoluchatel on the portal.

36. The basis for refusal in rendering the state services is:

1) increase in rate;

2) agreement breach with consumers;

3) infringement of the rights and legitimate interests of consumers;

4) violation of inseparably linked technology system of provision of regulated service or to decline in quality of regulated service;

5) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

6) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established according to these rules;

7) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;

8) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.

37. The claim to decisions, action (failure to act) of the service provider concerning rendering the state services can be submitted addressed to the head of the service provider, authorized body and to authorized body by assessment and control of quality of rendering the state services according to the legislation of the Republic of Kazakhstan.

The claim is submitted to the service provider whose decision, action (failure to act) is appealed.

If other is not provided by the Law, appeal to the court is allowed after appeal in pre-judicial procedure.

37-1. The term of consideration of the claim by the service provider, authorized body, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within three working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the applicant who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

37-2. In disagreement cases with results of rendering the state service the uslugopoluchatel can take a legal action according to the subitem 6) of Item 1 of article 4 of the Law on the state services.

38. No. 138 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 28.12.2022

39. For receipt of the state service "Issue of Consent to Transactions with the Property Used for Provision of Regulated Service of Sidings", the uslugopoluchatel through the portal represents to the service provider:

1) the petition for receipt of consent of authorized body in form 1 according to appendix 2 to these rules;

39-1. The list of the main requirements for rendering the state services including the characteristic of process, form, content and result of making of separate actions by the subject of natural monopoly, and also other data taking into account features of rendering the state service are stated in the list of the main requirements to rendering the state service "Issue of Consent to Transactions with the Property Used for Provision of Regulated Service of Sidings" according to appendix 2-3 to these rules.

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