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Registered by

in the Ministry of Justice

Republic of Tajikistan

of December 24, 2002 No. 81

Approved by the Order of the Director of the State agency on the antimonopoly policy and support of entrepreneurship under the Government of the Republic of Tajikistan of December 13, 2002 No. 55/p

Regulations on the Register of subjects of natural monopolies

I. General provisions

1. This regulations on the Register of subjects of natural monopolies (further the Provision) are developed according to article 7 of the Law of the Republic of Tajikistan "About natural monopolies".

The provision establishes rules of forming and maintaining the Register of subjects of natural monopolies (further the Register).

2. The Register joins the subjects of natural monopolies (legal entities, irrespective of legal form and patterns of ownership) who are engaged in implementation of activities in the field of provision of services of subjects natural monopolies, activities (in particular rates (prices) which are regulated (are established) by the State antimonopoly authority according to the Law of the Republic of Tajikistan "About natural monopolies" (further the Law) and other regulatory legal acts of the Republic of Tajikistan.

3. The register is the list of subjects of natural monopolies containing information on them, fixed on paper and magnetic carriers.

4. Forming and maintaining the Register performs the State antimonopoly authority.

II. Procedure for inclusion of subjects of natural monopolies in the Register

5. Necessary conditions for decision making about inclusion of the subject natural monopolies in the Register are:

- availability of the license for the provided services according to the current legislation;

- data of the analysis of activities by the subject in the corresponding goods markets.

6. In case of decision making about inclusion in the Register information obtained from local executive bodies of territorial authorities of the State antimonopoly authority, tax, customs and statistical authorities, commercial and non-profit organizations (the unions or associations), business entities, consumers, other sources is considered.

The specified information gathers and analyzed by the State antimonopoly authority directly or its territorial authority in the place of rendering services or state registration of the subject of natural monopoly.

Information of limited distribution is transferred through the corresponding closed channels.

7. For the purpose of identification specified in Item 5 of this provision of condition with use of information specified in Item 6 of this provision the State antimonopoly authority and its territorial authorities send to the address of subjects of natural monopolies the questionnaire of the established form for filling. The form of the questionnaire is given in appendix No. 1 of this provision.

The completed questionnaire is signed by the head of business entity (replacement his face), is sealed and goes within ten working days from the moment of its obtaining to the State antimonopoly authority or its territorial authority.

8. The decision on inclusion of the subject of natural monopolies in the Register is drawn up by the decision of the State antimonopoly authority which affirms the order of the State antimonopoly authority.

9. Representatives of the subject of natural monopoly have the right to be present at meeting of the State antimonopoly authority by consideration of question of inclusion of this subject natural monopolies in the Register. The subject of natural monopoly shall be notified on date of consideration in advance. In case, disagreements of the subject of natural monopolies, he has the right to appeal the decision judicially.

10. After decision making about inclusion in the Register of the information about the subject of natural monopoly are brought in appropriate section of the Register, within ten working days to it the notification (the form of the notification on inclusion in the Register is given in appendix No. 2 to this Provision), copies of the Order and the Decision of the State antimonopoly authority goes.

11. The copy of the order and the decision of the State antimonopoly authority on inclusion of business entity in the Register within ten working days goes also:

- to republican governing body of business entity;

- to statistical body;

- to territorial authority of the State antimonopoly authority in the place of rendering services or state registration of the subject of natural monopoly entered in the Register.

III. Procedure for exception of subjects of natural monopolies of the Register

12. The question of exception of subjects of natural monopoly and the Register is submitted for meeting of the State antimonopoly authority on the basis:

- the written application (appeal) to the State antimonopoly authority of the subject of natural monopoly, I vklyuchennoit in the Register, and the materials provided to reasons for the statement;

- information on activities of this subject of the natural monopoly provided by territorial authority of the State antimonopoly authority and also other interested persons, this subject of natural monopoly, testimonial of need of exception, of the Register.

13. The decision on exception of subjects of natural monopolies of the Register is made by the State antimonopoly authority in the presence of one or several conditions:

- loss by the subject of natural monopoly included in the Register, the status of the legal entity;

- documentary confirmed termination of rendering services in the conditions of natural monopoly;

- the analysis results of the corresponding goods market confirming lack of conditions of natural monopoly on it.

14. You will provide the subject of the natural monopoly having the right to be present at meeting of the State antimonopoly authority by consideration of question of exception of this subject of natural monopoly of the Register. The subject of natural monopoly shall be notified on date of consideration in advance.

15. Exceptions of the subject of natural monopoly of the Register it is drawn up by the decision of the State antimonopoly authority which affirms the order of the State antimonopoly authority.

16. After adoption by the State antimonopoly authority of the decision on exception of the subject of natural monopoly of the Register within ten working days to it the notification (the form of the notification on exception of the Register is given in appendix No. 3 to this Provision) and the copy of the order of the State antimonopoly authority goes.

17. The copy of the order and the decision of the State antimonopoly authority on exception of the subject of natural monopoly goes also:

- to republican governing body of business entity;

- to statistical body;

- to territorial authority of the State antimonopoly authority in the place of rendering services or state registration of the subject of natural monopoly entered in the Register.

IV. Procedure for forming and maintaining Register.

18. The register is created and kept according to the following Sections:

- services in production and transfer of electrical and heat energy;

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