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

of July 8, 2022 No. 190/Tax Code

About approval of Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services

According to the subitem 27) Item 3 of article 39 of the Law of the Republic of Kazakhstan "About public procurements" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services.

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) within ten calendar days after signing of this order the direction it in the Kazakh and Russian languages 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 on protection and development of the competition of the Republic of Kazakhstan.

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

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

Chairman

S. Zhumangarin

 

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of July 8, 2022, No. 190/Tax Code

Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services

Chapter 1. General provisions

1. These rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services (further – Rules) are developed according to the subitem 27) of Item 3 of article 39 of the Law of the Republic of Kazakhstan "About public procurements".

2. In these rules the following concept is used:

the potential supplier – the joint-stock company, limited liability partnership, hundred percent of voting shares (shares in the authorized capital) which belong to the state, and the state company concerning which the state body exercises control according to the legislation of the Republic of Kazakhstan on state-owned property which appropriate authority, including state body, is established by the laws of the Republic of Kazakhstan, presidential decrees of the Republic of Kazakhstan.

Other concepts used in these rules are determined in the Entrepreneurial code of the Republic of Kazakhstan and other regulatory legal acts.

Chapter 2. Procedure for issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services

3. For receipt of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services (further – the conclusion) the state body represents to antimonopoly authority or its territorial subdivision (further – authorized body) the petition in form according to appendix to these rules through the Single system of electronic document management.

4. The authorized body issues the conclusion within thirty calendar days from the moment of receipt of the petition.

5. During consideration of the petition the authorized body has the right to request in terms which cannot be less than five working days, from subjects of the market and (or) state bodies the additional data and (or) documents necessary for issue of the conclusion.

For provision of additional data and (or) documents the term of consideration of the petition stops what the authorized body within three working days from the date of suspension of term informs the state body which submitted the petition on.

6. The authorized body in case of issue of the conclusion can use:

1) own researches;

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

3) the data received from state bodies, physical persons and legal entities;

4) data:

official statistical information;

associations, public associations, National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

7. Issue of the conclusion consists of the following stages:

1) determination of the goods market and its geographical boundaries;

2) determination of number of the subjects of the market acting in the corresponding goods market;

3) issue of the conclusion.

8. By results of consideration of the petition the authorized body issues the conclusion with indication of:

1) names of the purchased goods, works, services;

2) conclusion about lack of the subjects of private entrepreneurship performing production of similar goods, works, services.

9. The conclusion is signed by the supervising deputy manager of authorized body or the head of territorial subdivision of authorized body.

10. In the presence of the subjects of private entrepreneurship performing production of similar goods, works, services authorized body sends to the state body which submitted the petition, motivated refusal in issue of the conclusion.

Appendix

to Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services

Form

IN __________________________

(full name

authorized body)

from __________________________

(full name

state body)

The petition for issue of the conclusion of antimonopoly authority for lack of the subjects of private entrepreneurship performing production of similar goods, works, services

I ask to provide the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services.

Materials according to appendix to this form are applied to this petition.

I confirm completeness and reliability of the enclosed documents.

Signature of the head, deputy of state body

"__" ___________ 20 ___ (signature).

Appendix

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