ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2022 No. 453

About approval of Rules of determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right

According to Item 3 of article 193 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right.

2. This resolution becomes effective since July 1, 2022 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of June 30, 2022 No. 453

Rules of determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right

Chapter 1. General provisions

1. These rules of determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right (further - Rules) are developed according to Item 3 of article 193 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determine procedure for determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right.

2. In these rules the following concepts are used:

1) the special right - exclusive or the privilege of the subject of the market affirmed by the law to production, realization and (or) purchase of any goods in the competitive market;

2) goods - the goods, work, service which are object of civil circulation;

3) authorized state body - the state body performing management of the corresponding industry (sphere) of public administration.

3. The state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) can be the subject of the special right of which directly or indirectly belong to the state, determined according to these rules.

The requirement specified in part one of this Item does not extend to the single operator of marking and traceability of goods and legal entities whose more than fifty percent of voting shares the state directly or indirectly owns, persons which placed shares on the primary security market, and also affiliated with them.

Chapter 2. The procedure for determination of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the subject of the special right

4. The state companies, joint-stock companies, limited liability partnerships, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, are determined by subjects of the special right in case of set of the following conditions:

1) the special right assumes sales of goods to the uncertain circle of consumers and (or) state bodies and the organizations financed by budgetary funds;

2) the special right gives the chance to the subject of the market to control the corresponding or adjacent goods market, including allows to exert considerable impact on general terms of the goods circulation.

Establishment of the conditions specified in subitems 1) and 2) to part one of this Item is confirmed by the conclusion of antimonopoly authority by results of the carried-out analysis of competitive situation in the goods market.

5. Determination of the subject of the special right is performed according to the decision of the Government of the Republic of Kazakhstan, except as specified, directly provided by legal acts of the Republic of Kazakhstan when determination of the subject of the special right is performed according to the decision of authorized state body.

Drafts of the legal acts providing determination of subjects of the special right are subject to obligatory approval of antimonopoly authority.

6. In case of determination by the subject of the special right of the state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, the authorized state body provides adoption of the legal act according to Item 5 of these rules.

7. The state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, determined according to these rules the subject of the special right, is subject to inclusion in the state register of subjects of the state monopoly, the special right.

Chapter 3. Deprivation of the status of the subject of the special right

8. Deprivation of the status of the subject of the special right is performed in case of violation two and more times within one calendar year by this subject of requirements of article 193 of the Code or abuse of it of the monopoly position in the goods market.

9. In the case specified in Item 8 of these rules, the antimonopoly authority sends the offer on deprivation of the status of the subject of the special right to authorized state body.

10. For deprivation of the status of the subject of the special right the authorized state body within two months from the date of receipt of the offer of antimonopoly authority provides adoption of the legal act according to Item 5 of these rules.

11. The state company, joint-stock company, limited liability partnership, hundred percent of shares (share in the authorized capital) which directly or indirectly belong to the state, deprived of the status of the special right, is excluded from the state register of subjects of the state monopoly, the special right.

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