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

of May 28, 2025 No. 113/ODES

About approval of Rules of issue of the conclusion of antimonopoly authority on the planned state tasks

According to Item 3 of Article 16 of the Budget code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the conclusion of antimonopoly authority on the planned state tasks.

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 five working 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 supervising vice-chairman of the Agency.

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

Approved by the Order of the acting as the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May "28", 2025 No. 113/ODES

Rules of issue of the conclusion of antimonopoly authority on the planned state tasks

Chapter 1. General provisions

1. These rules of issue of the conclusion of antimonopoly authority on the planned state tasks are developed according to Item 3 of Article 16 of the Budget code of the Republic of Kazakhstan (further – the Code) and determine procedure for issue of the conclusion regarding compliance to the criteria provided by part one of Item 2 of article 16 of the Code.

2. In these rules the following concepts are used:

1) the contractor of the state task – the legal entity responsible for accomplishment of the state task;

2) antimonopoly authority – the state body performing management in the sphere 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 of antimonopoly authority on the planned state tasks

3. For issue of the conclusion of antimonopoly authority on the planned state tasks, antimonopoly authority considers the proposal of the administrator of the budget programs on rendering the state services and accomplishment of other tasks in the form of the state task (further – the offer) in form according to appendix to these rules.

The materials confirming compliance of the state task to one or several criteria specified in Item 8 of these rules are applied to the proposal of the administrator of the budget programs including:

1) reasons (data, documents) confirming need of receipt of the state order on rendering separate state services and accomplishment of other tasks in any form;

2) the copy of the approved charter of the contractor of the state task;

3) the analysis of the authorized state body performing management of the corresponding industry (sphere) of public administration, confirming reference of the state task to the criteria specified in Item 8 of these rules and feasibility of realization of the state task.

4. The antimonopoly authority issues the conclusion on the planned state tasks regarding compliance to criteria within thirty working days from the moment of receipt of the proposal of the administrator of the budget programs.

5. For the purpose of issue of the conclusion of antimonopoly authority on the planned state tasks the antimonopoly authority has the right to request at the scheduled time which cannot be less than five working days, from subjects of the market and (or) state bodies the additional proving materials necessary for decision making.

Before submission of data and (or) documents, the term of issue of the conclusion of antimonopoly authority on the planned state tasks stops for ten working days what it is reported to the administrator of the 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 of antimonopoly authority on the planned state tasks 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;

6) earlier issued conclusions of antimonopoly authority.

7. Issue of the conclusion of antimonopoly authority on the planned state tasks includes the following stages:

1) determination of subject of the state task for compliance to criteria;

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

3) preparation of the conclusion.

8. Determination of subject of the state task regarding compliance to one or several of the following criteria:

1) lack of other possibility of ensuring national security, defense capability of the state or protection of interests of society;

2) use, operation and content of strategic objects, crucial objects, including the objects of information and communication infrastructure which are in state-owned property owing to providing public concerns and homeland security;

3) lack of the competition on the corresponding commodity market, works and services;

4) exclusiveness and uniqueness of goods, work, service, intellectual property items.

9. Assessment of feasibility of realization of the state task is performed by studying of possibility of acquisition (order) on competitive basis, within the legislation of the Republic of Kazakhstan on public procurements.

In case of assessment of feasibility of realization of the state task, including are considered:

1) the data on acquisition on competitive basis of similar or interchangeable goods, works of services received in analysis result of the web portal of public procurements;

2) official statistical information on the number of the subjects of entrepreneurship performing similar type of activity;

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