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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of December 25, 2001 No. 201

About approval of the Procedure for consideration of addresses for receipt of consent by subjects of natural monopolies in connection with the actions which are under the state control and submissions of the relevant documents and data connected with it

(as amended on 13-05-2016)

In pursuance of part 1 of the paragraph of the 2nd Presidential decree of the Azerbaijan Republic "About the additional measures providing application of the Law of the Azerbaijan Republic "About natural monopolies" of March 2, 2001 to the No. 446 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for consideration of addresses for receipt of consent by subjects of natural monopolies in connection with the actions which are under the state control and submissions of the relevant documents and data connected with it" it (is applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 25, 2001 No. 201

Procedure for consideration of addresses for receipt of consent by subjects of natural monopolies in connection with the actions which are under the state control and submissions of the relevant documents and data connected with it

I. General provisions

1.1. The procedure for consideration of addresses for receipt of addresses by subjects of natural monopolies in connection with the actions which are under the state control (further - the Procedure) is prepared according to the Law of the Azerbaijan Republic "About natural monopolies", the Presidential decree of the Azerbaijan Republic "About additional measures for ensuring application of the Law of the Azerbaijan Republic "About natural monopolies" of March 2, 2001 No. 446 and other legal acts of the Azerbaijan Republic.

1.2. This Procedure determines need of the address subjects of natural monopolies in the Ministry of Economics of the Azerbaijan Republic (further - the Ministry of Economics) for receipt of consent to the actions which are under the state control, submissions of the proper documents and data connected with it, the sequence of consideration of addresses in the Ministry of Economics.

1.3. The purpose of application of the Procedure is ensuring prevention of the actions able to cause damage to consumer interests or interfering the transition motivated economically from condition of natural monopoly to condition of free competition, equilibration of interests of subjects of natural monopolies and consumers.

II. The actions of subjects of natural monopolies performed with receipt of consent of the Ministry of Economics

2.1. Subjects of natural monopolies shall receive the consent of the Ministry of Economics to the following actions:

2.1.1. acquisition of property right or uses to fixed assets for receipt (realization) of goods to which according to the Law of the Azerbaijan Republic "About natural monopolies" state regulation is not applied;

2.1.2. transfer of fixed assets of consumers on the basis of leasing;

2.1.3. allocation by subjects of natural monopolies of investments on the sites of activities which are not regulated by the Law of the Azerbaijan Republic "About natural monopolies".

2.2. Realization, leasing or other actions for production of goods to which according to the Law of the Azerbaijan Republic "About natural monopolies" state regulation is applied are performed according to the current legislation.

III. The materials represented to the Ministry of Economics for receipt of consent by subjects of natural monopolies in connection with the actions which are under the state control

3.1. For receipt of consent by subjects of natural monopolies in connection with the actions specified in the Section 2 presents of the Procedure, subjects of natural monopolies shall submit the following documents to the Ministry of Economics:

3.1.1. letter to the Ministry of Economics;

3.1.2. the economic agreements connected with production (realization) of goods to which regulation is not applied;

3.1.3. the economic agreements connected with acquisition of property right or uses on fixed assets;

3.1.4. the economic agreements connected with transition of the property right or use to other business entities owing to realization, lease of fixed assets;

3.1.5. lease agreements of the property which is in state-owned property;

3.1.6. investment protests.

IV. Consideration of addresses of subjects of natural monopolies in connection with the actions which are under the state control

4.1. The arrived documents go the Minister of Economic Affairs (to its absence - the deputy minister) Public service on the antimonopoly policy and consumer protection under the Ministry of Economics (further - Service).

4.2. By consideration of the arrived documents for receipt of consent in the Ministry of Economics  the following questions are considered:

4.2.1. movement of the fixed assets of the authorized capital belonging to the company in the last two years;

4.2.2. condition of the available production capacities and production sites necessary for establishment of the minimum limit of providing in case of impossibility of complete requirements satisfaction of customer group which are subject to obligatory servicing;

4.2.3. motivation of the investment projects intended for sites of activities, regulated by the legislation on natural monopolies;

4.2.4. influence of actions of subjects of the natural monopolies which are under the state control on the prices, on products (works, services) made by this business entity.

4.3. Consent to the actions of subjects of natural monopolies specified in the 2nd Section of this Procedure does not stop in the following cases:

4.3.1. when the actions specified in the address bring damage to interests of producers;

4.3.2. when the actions specified in the address are in conflict with regulations of antitrust and other law;

4.3.3. when addressed did not submit necessary documents;

4.3.4. when the data specified in these documents I do not correspond to the truth.

4.4. The service within 10 days about provision and not provision of consent to the addresses connected with the actions which are under the state control also represents it to the Minister of Economic Affairs (deputy minister).

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