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

of April 20, 2022 No. 9

About approval of Rules of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition

According to the subitem 2) Item 2 of Article 41 of the Budget code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition.

2. In the procedure established by the legislation of the Republic of Kazakhstan 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. To impose control of execution of this order on the supervising vice-chairman of the Agency.

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

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

S. Zhumangarin

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of April 20, 2022 No. 9

Rules of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition

Chapter 1. General provisions

1. These rules of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan are developed according to the subitem 2) of Item 2 of Article 41 of the Budget code of the Republic (further – the Code) and determine procedure for issue of the conclusion regarding its compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition.

2. In these rules the following concepts are used:

1) the contractor of the state task – the subject of the market, the actionee of the state task;

2) 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.

Chapter 2. Procedure for issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition

3. For issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition the antimonopoly authority considers the proposal of the administrator of budget programs on rendering the state services or implementation of budget investment projects in the form of the state task (further – the offer) in form according to appendix 1 to the Rules of development and accomplishment of the state task approved by the order of the Minister of Finance of the Republic of Kazakhstan of March 30, 2015 No. 236 (it is registered in the Register of state registration of regulatory legal acts for No. 10839), and also the additional proving materials in the cases provided by part two of Item 8 of these rules.

4. The antimonopoly authority issues the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition within thirty working days from the moment of receipt of the proposal of the administrator of budget programs.

5. For the purpose of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition the antimonopoly authority requests at least five working days from subjects of the market and (or) state bodies the additional proving materials necessary for decision making in time.

Before submission of data and (or) documents, the term of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition stops for ten working days what it is reported to the administrator of budget programs within three working days from the date of suspension of term of consideration about.

The antimonopoly authority resumes the term of issue of the conclusion after representation of the additional proving materials of subjects of the market and (or) state bodies.

6. In case of issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan are used:

1) this to official statistical information;

2) data of own researches of antimonopoly authority and its territorial subdivisions;

3) data of associations, public associations, National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken;

4) data of marketing, social researches, selective polls and questioning of subjects of the market, citizens, public organizations;

5) the data received from the central state bodies, physical, legal entities, local executive and representative bodies.

7. Issue of the conclusion regarding compliance to the legislation of the Republic of Kazakhstan in the field of protection of the competition includes the following stages:

1) determination of subject of the state task for compliance to requirements of the legislation of the Republic of Kazakhstan;

2) assessment of feasibility of realization of the state task;

3) preparation of the conclusion.

8. Determination of subject of the state task for compliance to requirements of the legislation of the Republic of Kazakhstan includes:

1) comparison to the list of the orders specified in Item 4-1 of article 41 of the Code;

2) establishment of compliance to one of the criteria specified in Item 4-2 of article 41 of the Code.

Lack of other possibility of ensuring national security, defense capability of the state or protection of interests of society, exclusiveness and (or) uniqueness of goods, work, service is established taking into account the additional proving materials of the authorized state body performing management of the corresponding industry (sphere) of the public administration confirming reference of the state task to the above-stated criteria.

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