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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of October 5, 2020 No. 428

About some questions of the Agency on protection and development of the competition of the Republic of Kazakhstan

(as amended on 01-03-2023)

According to the subitem 1) Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan "About the President of the Republic of Kazakhstan" and the Presidential decree of the Republic of Kazakhstan of September 8, 2020 No. 407 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Approve enclosed:

1) Regulations on the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency);

2) structure of the Agency;

3) changes and additions which are made to some acts of the President of the Republic of Kazakhstan.

2. Transfer to the Agency functions and powers of the Ministry of Trade and integration of the Republic of Kazakhstan on implementation of the state control and licensing of activities in the sphere of commodity exchanges.

3. To the government of the Republic of Kazakhstan to take other measures following from this Decree.

4. To impose control of execution of this Decree on Administration of the President of the Republic of Kazakhstan.

5. This Decree becomes effective from the date of signing and is subject to official publication.

President of the Republic of Kazakhstan

K. Tokayev

Approved by the Presidential decree of the Republic of Kazakhstan of October 5, 2020 No. 427

Regulations on the Agency on protection and development of the competition of the Republic of Kazakhstan

Chapter 1. General provisions

1. The agency on protection and development of the competition of the Republic of Kazakhstan (further – the Agency) is state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, performing management in the sphere of protection of the competition and restriction of monopolistic activities, control and regulation of the activities referred to the sphere of the state monopoly and also the state control and licensing of activities in the sphere of commodity exchanges.

2. The agency has territorial subdivisions in areas, the cities of republican value, the capital.

3. The agency 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.

4. The agency is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The agency enters the civil relations from own name.

6. The agency 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.

7. The agency 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 Chairman of the Agency and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Agency affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: Republic of Kazakhstan, 010000, city of Astana, area of Esil, Prospekt Mang_l_k El, 8, office building "House of the ministries", 1 entrance.

10. This Provision is the constituent document of the Agency.

11. Financing of activities of the Agency is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The agency is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Agency.

If the Agency by legal acts of the Republic of Kazakhstan is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Agency

13. Tasks:

1) increase in cost efficiency and competitiveness of subjects of the market;

2) assistance to development of fair competition;

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