ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2022 No. 4

About approval of Rules of carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received

According to subitem 20-1) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received.

2. In the procedure established by the legislation to provide to department of economic concentration and control of the state companies of the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency):

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 Agency after its official publication.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of March 28, 2022 No. 4

Rules of carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received

Chapter 1. General provisions

1. These rules of carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received (further - Rules) is developed according to subitem 20-1) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determines procedure for carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received.

2. In these rules the following basic concepts are used:

1) the schedule - the document containing list of objects of monitoring and the periods of carrying out monitoring;

2) the official - person who according to the laws of the Republic of Kazakhstan is given authority on adoption of the administrative act, making of administrative action (failure to act);

3) objects of monitoring - the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them;

4) monitoring - the complex of actions directed to identification of the facts of creation, expansion and (or) change of the performed types of activity of objects of monitoring without receipt of consent of antimonopoly authority, and also the facts of implementation of types of activity on which the consent of antimonopoly authority was not received;

5) 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.

3. Monitoring is carried out by antimonopoly authority and its territorial subdivisions.

4. Monitoring is carried out according to the scheduled plans which are annually approved by the order of the head of antimonopoly authority (concerning the objects of monitoring which are in republican property) and orders of heads of territorial subdivisions of antimonopoly authority (concerning the objects of monitoring which are in utility property) in form according to appendix to these rules.

The term of carrying out monitoring constitutes no more than two months. In case of identification of affiliates of object of monitoring, the term of carrying out monitoring is prolonged by the order of the head of antimonopoly authority and orders of heads of territorial subdivisions of antimonopoly authority for three months.

5. The main criteria for inclusion in the schedule is date of creation of object of monitoring.

6. The annual schedule is published on official Internet resource of antimonopoly authority no later than December 20 of the current year.

Chapter 2. Procedure for carrying out monitoring of activities of the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them regarding receipt of consent of antimonopoly authority during creation, expansion and (or) change of the performed types of activity, and also implementation of only those types of activity on which the consent of antimonopoly authority is received

7. Carrying out monitoring includes the following stages:

1) data collection and processing from the central state and local executive bodies, and also objects of monitoring;

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