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

of December 18, 2019 No. 94

About approval of Rules of determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low)

According to part one of Item 4-1 of article 175 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low).

2. To provide to committee on protection and development of the competition in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice 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 after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 18, 2019 No. 94

Rules of determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low)

Chapter 1. General provisions

1. These rules of determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low) (further - Rules) are developed according to part one of Item 4-1 of article 175 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determine procedure for determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low).

2. In these rules the following concepts are used:

Exchange goods - the standardized homogeneous goods included in the list of exchange goods and (or) the list of socially important exchange goods which units are identical in every respect similar characteristics have 1) and consist of similar components that allows them to perform the same functions having property of complete interchangeability of batches from different producers;

2) antimonopoly authority - the state body performing management in the field of protection of the competition and restriction of monopolistic activities, control and regulation of the activities referred to the sphere of the state monopoly.

Chapter 2. Procedure for determination of the price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms, not recognized exclusively high (low)

3. The price of exchange goods of the subject of the market holding the dominating or monopoly position, which developed during trading at commodity exchanges and electronic trading platforms is not recognized exclusively high if:

1) the price developed during properly the held auction according to Item 5 of these rules;

2) the price for the considered period does not exceed the price which developed during trading, recognized properly carried out according to Item 5 of these rules;

3) the price is not established as a result of implementation of the monopolistic activities limited to the Code.

4. The price of exchange goods of the subject of the market holding the dominating or monopoly position developed during trading at commodity exchanges and electronic trading platforms, is not recognized exclusively low if:

1) the price developed during properly the held auction according to Item 5 of these rules;

2) the price for the considered period was not established the low price which developed during trading, recognized properly carried out according to Item 5 of these rules;

3) the price is not established as a result of implementation of the monopolistic activities limited to the Code.

5. For the purposes of these rules the biddings at commodity exchanges and electronic trading platforms, are recognized properly carried out, in case of observance in total of the following conditions:

1) availability at antimonopoly authority of remote access to trade or information systems, commodity exchanges and other trading floors of electronic procurement of goods or the biddings on which the realization of the exchange goods which are consideration subject is enabled;

2) the minimum and maximum size of lot of exchange goods does not interfere with access to the corresponding goods market;

3) the bidder makes registration of off-exchange transactions on realization of the exchange goods which are consideration subject;

4) the bidder enables the regular realization of exchange goods at commodity exchanges or electronic trading platforms with uniform distribution of amounts of goods on trading sessions according to the decision of working body;

5) realization of exchange goods at commodity exchange or electronic trading platform is performed in the mode of double counter auction with observance of requirements of the legislation of the Republic of Kazakhstan;

6) the bidder provides to commodity exchange or electronic trading platform the list of affiliates;

7) the bidder makes realization at commodity exchange or electronic trading platform at least the size of amount of the exchange goods established by the legislation of the Republic of Kazakhstan;

8) on the account of clearing center of commodity exchange or electronic trading platform continuously there is at least 1% of the amount of transaction during the period of execution of the concluded stock exchange transaction (on returnable basis);

9) placements of the schedule of the biddings with indication of information on amounts and sales prices of exchange goods.

Chapter 3. Final provisions

6. Observance by subjects of the market of conditions, stipulated in Item 5 these rules, is provided with antimonopoly authority by means of forming of working group which part representatives of antimonopoly authority, state bodies and National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken are.

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