of August 15, 2019 No. 1-OD
About approval of provisions of territorial subdivisions of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan
According to the subitem 6) Item 1 of article 35 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" and the orders of the Government of the Republic of Kazakhstan of July 10, 2019 No. 497 "About measures for implementation of Presidential decrees of the Republic of Kazakhstan of June 17, 2019 No. 17 and of July 1, 2019 No. 46 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan", of September 24, 2014 No. 1011 "Questions of the Ministry of national economy of the Republic of Kazakhstan", the Provision of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan approved by the order of the Minister of national economy of the Republic of Kazakhstan of July 29, 2019 No. 189 of PRIKAZYVAYU:
1. Approve:
Regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Nour-Sultan's city according to appendix 1 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the city of Almaty according to appendix 2 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the city of Shymkent according to appendix 3 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Akmola area according to appendix 4 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the Aktyubinsk region according to appendix 5 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Almaty region according to appendix 6 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Atyrau area according to appendix 7 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the East Kazakhstan region according to appendix 8 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Jambyl area according to appendix 9 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the West Kazakhstan region according to appendix 10 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the Karaganda region according to appendix 11 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the Kostanay region according to appendix 12 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Kyzylorda area according to appendix 13 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Mangystau Region according to appendix 14 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the Pavlodar region according to appendix 15 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the North Kazakhstan area according to appendix 16 to this order;
regulations on Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the Turkestan region according to appendix 17 to this order.
2. To provide to service of personnel management (personnel service) of 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 and Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan;
4. To territorial subdivisions of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan to take the adequate measures following from this order.
5. This order becomes effective from the date of its signing.
Acting as chairman of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan
R. Akhmetov
Appendix 1
to the Order of the acting as the chairman of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan
1. The department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Nour-Sultan's city (further - Department) is the territorial subdivision of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) performing management in the sphere 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 department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department 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.
4. The department enters the civil relations from own name.
5. The department 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 department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 010000, Republic of Kazakhstan, Nour-Sultan's city, Ulitsa Petrova, 5.
9. Full name of state body: republican public institution "Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of Nour-Sultan's city".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.
13. Tasks:
participation in forming and realization of state policy in the sphere 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 sphere of protection of the competition;
3) demonopolization of the subjects of the market limiting the competition.
14. Functions:
1) implementation of the state control of compliance with law of the Republic of Kazakhstan in the field of protection of the competition;
2) submission of the claim in court for termination, change of agreements and (or) recognition invalid the transactions contradicting the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code);
3) 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;
4) 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;
5) development of offers on realization of state policy in the field of protection of the competition and restriction of monopolistic activities;
6) the suppression of acts, actions (failure to act) of the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market directed to restriction and (or) elimination of the competition;
7) the prevention and suppression of anti-competitive agreements and coordinated actions of subjects of the market, unfair competition, coordination of economic activity of subjects of the market, and also coordination of activities of suppliers of purchases and bidders by organizers of purchases of goods, operators of purchases and biddings forbidden by the Code;
8) distribution of information on application of regulations of the legislation of the Republic of Kazakhstan in the field of protection of the competition and promotion of fair competition;
9) implementation of the analysis of competitive situation in the goods markets;
10) identification exclusively high (low), monopsonichesk of the low price established by the subject of the market holding the dominating or monopoly position;
11) conducting investigations on the facts of violation of the law of the Republic of Kazakhstan in the field of protection of the competition by subjects of the market, the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market, according to the procedure, established by the Code;
12) interaction with law enforcement agencies, within the competence, and also according to the procedure, established by the legislation of the Republic of Kazakhstan, the appeal to law enforcement agencies about conducting investigation and search operations;
13) participation in preparation of the annual statement about competitive situation in the separate goods markets and the taken measures for restriction of monopolistic activities, and also in placement it on Internet resource of Committee;
14) ensuring information openness of the pursued state policy in the field of protection of the competition and restriction of monopolistic activities, including quarterly, no later than the fifteenth following for reporting, placement of data on the activities on Internet resource of Committee;
15) removal to subjects of the market of instructions, obligatory for execution;
16) introduction to the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market, instructions, obligatory for execution;
17) the direction in law enforcement agencies of materials for conducting pre-judicial investigation on signs of the criminal offenses connected with violation of the law of the Republic of Kazakhstan in the field of protection of the competition;
18) representation to law enforcement agencies of analytical information and these monitorings about competitive situation in the goods markets in the cases established by the legislation in the field of protection of the competition;
19) under resolutions and requests of law enforcement agencies, their territorial subdivisions the direction as experts of the workers for participation in legal proceedings and actions for investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition;
20) the direction to the official of the subject of the market, the state, local executive body, the organization equipped with the state functions of regulation of activities of subjects of the market, caution in writing about inadmissibility of making of action (failure to act) which can lead to violation of the law of the Republic of Kazakhstan in the field of protection of the competition;
21) the direction to subjects of the market, to the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market, the notification on availability in actions (failure to act) of the subject of the market, the state, local executive body, the organization equipped with the state functions of regulation of activities of subjects of the market, signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition;
22) participation in development of rules of consideration of draft agreements of subjects of the market regarding compliance or discrepancy to requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition;
23) consideration of draft agreements of subjects of the market regarding compliance or discrepancy to requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition;
24) participation in development for subjects of the market of standard external acts of anti-monopoly komplayens;
25) establishment of compliance of the external act of the anti-monopoly komplayens directed by the subject of the market (subjects of the market), to the standard external act of anti-monopoly komplayens;
26) provision of consent to creation of the state companies, legal entities whose more than fifty percent of shares (shares) belong to the state, and persons, affiliirovanny with them, except as specified, when such creation is directly provided by the laws of the Republic of Kazakhstan;
27) provision of consent to expansion and (or) change of the performed types of activity by the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons, affiliirovanny with them, who will perform the activities in the territory of the Republic of Kazakhstan;
28) participation in placement on Internet resource of Committee of the analysis of competitive situation in the goods markets, except for information containing the state secrets and other secret protected by the law;
29) participation in placement on Internet resource of Committee of information on results of investigations of violations of the law of the Republic of Kazakhstan in the field of protection of the competition, decisions of antimonopoly authority;
30) request and receipt of information necessary for implementation of the powers;
31) participation in implementation of regulating, realizable and control and supervising functions and participation in accomplishment of strategic functions of the central executive body within competence of Committee;
32) adoption of acts of the established violations of requirements of the legislation of the Republic of Kazakhstan;
33) participation in the organization and holding republican and regional seminars, scientific and practical conferences on questions in the regulated sphere, planning and budget implementation, financial accounting and public procurements;
34) control of activities of physical persons and legal entities within competence;
35) implementation of monitoring of carrying out purchases of goods and the biddings on trade or information systems, commodity exchanges and other trading floors of electronic procurement of goods or the biddings;
36) consideration within the competence of appeals of physical persons and legal entities;
37) implementation of other powers provided by the Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
15. Rights and obligations:
1) to publish legal acts within the competence;
2) to request and receive necessary information and materials from state bodies, subjects of the market, and also official and other physical persons and legal entities;
3) to make offers on development of regulatory legal acts within the competence;
4) to hold meetings, seminars, conferences, round tables, tenders and other actions for the questions entering competence of Department;
5) to appeal within the competence to court;
6) to perform other rights and obligations provided by legal acts of the Republic of Kazakhstan.
16. Management of Department is performed of the head who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.
17. The head of Department is appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.
18. The head of Department has the deputy who is appointed to position and is dismissed according to the legislation of the Republic of Kazakhstan.
19. Powers of the head:
1) issues orders, introduces instructions, directs notifications, cautions, issues decrees;
2) approves provisions of structural divisions;
3) determines obligations of heads of structural divisions of Department;
4) appoints to positions and dismisses employees of Department, except for the deputy manager of Department;
5) is represented by Department in state bodies and other organizations according to the current legislation;
6) imposes authority punishments on employees of Department, except for the deputy manager of Department;
7) approves job descriptions of staff of Department;
8) makes decisions on other questions entering competence of Department.
Execution of powers of the head in the period of its absence is performed by person replacing it according to the current legislation.
20. The head determines powers of the deputy according to the current legislation.
21. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation.
The property of Department is created at the expense of the property transferred to it by the state and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.
22. The property assigned to Department belongs to republican property.
23. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation.
24. Reorganization and abolition of Department is made according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the acting as the chairman of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan
1. The department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the city of Almaty (further - Department) is the territorial subdivision of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) performing management in the sphere 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 department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department 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.
4. The department enters the civil relations from own name.
5. The department 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 department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 050000, Republic of Kazakhstan, city of Almaty, Prospekt Abylay of the khan 74 A.
9. Full name of state body: republican public institution "Department of Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan of the city of Almaty".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.
13. Tasks:
participation in forming and realization of state policy in the sphere 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 sphere of protection of the competition;
3) demonopolization of the subjects of the market limiting the competition.
14. Functions:
1) implementation of the state control of compliance with law of the Republic of Kazakhstan in the field of protection of the competition;
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