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

of August 10, 2023 No. 198/Tax Code

About approval of Rules of evaluating impact on the competition

According to part four of Item 1 of article 83 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of evaluating impact on the competition.

2. In the procedure established by the legislation to provide to department of legal regulation of the competition 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.

3. To impose control of execution of this order on the chief of staff of the Agency on protection and development of the competition of the Republic of Kazakhstan.

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

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of August 10, 2023 No. 198/Tax Code

Rules of evaluating impact on the competition

Chapter 1. General provisions

1. These rules of evaluating impact on the competition (further – Rules) are developed according to part four of Item 1 of article 83 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for evaluating impact on the competition concerning the introduced regulatory tools and (or) requirements.

2. In these rules the following concepts are used:

1) body developer – the state body developing regulatory legal act according to its competence;

2) interested persons – physical persons or legal entities, whose rights and legitimate interests are infringed in connection with carrying out the analysis of regulatory impact of the entered or operating regulatory tools and (or) requirements;

3) the regulatory tool – utilities obligatory for execution by subjects of entrepreneurship of requirements, the stipulated in Article 81 Code;

4) subjects of regulation are subjects to whom action of the regulatory legal acts providing regulatory tools and (or) requirements or toughening regulation, including subjects of entrepreneurship and other persons extends;

5) requirements – the quantitative and high-quality standard rates and indicators obligatory for execution by subjects of entrepreneurship;

6) goods – the goods, work, service which are object of civil circulation.

Other concepts and terms used in Rules are determined by the Code.

3. Assessment of impact of the introduced regulatory tool and (or) the requirement, toughenings of regulation concerning subjects of entrepreneurship on condition of competitive environment is carried out when carrying out the analysis of regulatory impact.

For evaluating impact the body developer directs to the competition to antimonopoly authority the project of the corresponding regulatory legal act with appendix of general information in form according to appendix 1 to these rules.

4. The term of evaluating impact on the competition constitutes fifteen working days.

In case of need carrying out profound assessment of impact the specified term can be extended for the competition, no more once and for the term of fifteen working days.

5. The impact assessment purposes on the competition are:

1) non-admission of restriction or elimination of the competition;

2) increase in efficiency of functioning of the goods markets;

3) restriction of participation of the state in business activity;

4) reducing excessive state regulation.

6. The procedure of evaluating impact on the competition by antimonopoly authority includes the following stages:

1) carrying out primary assessment of impact on the competition;

2) carrying out profound assessment of impact on the competition;

3) filling of analytical form of assessment of impact on the competition;

4) the direction of analytical form of assessment of impact on the competition to body developer.

Chapter 2. Procedure for evaluating impact on the competition

7. Prior to evaluating impact it is necessary to determine the purpose of the offered regulatory tool and (or) the requirement, regulation toughening.

As soon as the purpose of the offered regulatory tool and (or) the requirement, toughenings of regulation concerning subjects of entrepreneurship is determined it is required to establish whether it will render the offered regulatory instrument and (or) the requirement, toughening of regulation concerning subjects of entrepreneurship impact on condition of competitive environment in the goods market.

8. For establishment of impact of the offered regulatory tool and (or) the requirement, toughening of regulation on condition of competitive environment in the goods market it is necessary to answer 4 (four) questions, question in appendix 2.

In case of lack of the questions affecting the competition, the antimonopoly authority sends body developer the letter that the draft of the regulation does not require evaluating impact on the competition.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info