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

of May 4, 2022 No. 125/Tax Code

About approval of the Provision and regulations of conciliation commission

According to the subitem 22) of Item 15 of the Regulations on the Agency on protection and development of the competition of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of October 5, 2020 No. 428, I ORDER:

1. Approve enclosed:

1) Regulations on conciliation commission according to appendix 1 to this order;

2) Regulations of conciliation commission according to appendix 2 to this order.

2. In the procedure established by the legislation to provide to department of investigations of the Agency on protection and development of the competition of the Republic of Kazakhstan (further – the Agency):

1) within ten calendar days after signing of this order the direction it 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 Agency.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

4. This order becomes effective from the date of its signing.

Chairman

S. Zhumangarin

Appendix 1

to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 4, 2022 No. 125/Tax Code

Regulations on conciliation commission

Chapter 1. General provisions

1. The conciliation commission (further – the Commission) is created for the purpose of consideration of drafts of the conclusions by results of investigations of violations of the law of the Republic of Kazakhstan in the field of protection of the competition regarding their completeness and quality of the proofs of the facts of violation of the law of the Republic of Kazakhstan provided in them in the field of protection of the competition to the invitation to meeting of persons who are involved in investigation.

2. The commission is advisory advisory body under antimonopoly authority.

3. The commission in the activities is guided by the Constitution, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, this Provision, and also other regulatory legal acts of the Republic of Kazakhstan.

Chapter 2. Functions of the Commission

4. Functions of the Commission:

1) consideration of drafts of the conclusions following the results of investigations of violations of the law of the Republic of Kazakhstan in the field of protection of the competition regarding their completeness and quality of the proofs of the facts of violations provided in them;

2) introduction of notes and recommendations about results of consideration of the draft of the conclusion following the results of investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition and the direction to the official (officials) making (making) investigation for work;

3) consideration of the motivated conclusion of the official (officials) making (making) investigation;

4) introduction of notes and recommendations to the official (officials) making (making) investigation by results of consideration of the motivated conclusion.

Chapter 3. Rights of the Commission

5. The commission within the competence has the right:

To attract 1) on a grant basis experts, specialists of the corresponding profile from state bodies, public associations, associations (unions) according to questions of competence of the Commission;

2) to perform other rights necessary for implementation of the functions assigned to the Commission.

Chapter 4. Activities of the Commission

6. The head, the deputy manager of antimonopoly authority or the head of the structural unit of antimonopoly authority can be the commission chairman.

7. Commission sessions are considered competent if at them there is at least a half from total number of members of the commission.

8. The structure of the Commission is created by responsible structural division and affirms the decision of the head of antimonopoly authority.

9. The number of members of the commission shall not exceed seven people.

10. The secretary of the Commission is not member of the commission.

11. The decision of the Commission is drawn up by the minutes of the Commission and has advisory nature. The final decision following the results of investigation is made independently official (-and) by person (persons) conducting investigation.

12. The protocol on results of the Commission is signed by the Commission chairman and the secretary of the Commission.

Appendix 2

to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 4, 2022 No. 125/Tax Code

Regulations of conciliation commission

1. The conciliation commission (further – the Commission) performs the activities according to the Entrepreneurial code of the Republic of Kazakhstan of October 25, 2015, Regulations on conciliation commission and these Regulations.

2. The commission chairman fixes time and date of commission session.

3. Addresses of object of investigation which are submitted to antimonopoly authority or its territorial subdivision in time less than in twenty calendar days prior to day of completion of investigation are not considered by the commission.

4. Working body of the Commission is the structural division of antimonopoly authority (further – working body).

5. The reference of the official (officials) making (making) investigation, the copy of the address of object(s) of investigation, the draft of the conclusion following the results of investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition are led up to members of the commission not later than two working days before date of commission session.

6. Commission session is considered open after the opening speech of the Commission chairman.

7. Commission session is considered taken place in the presence of at least a half from total number of members of the commission.

8. On performance of each member of the commission, official and object of investigation (and also their representatives) no more than 5 (five) minutes are allotted. This restriction does not extend to the Commission chairman.

9. The decision of the Commission is made by a simple majority vote.

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