ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2003 No. 376

About approval of Rules of carrying out public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies

According to article 17 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" the Government of the Republic of Kazakhstan decides:

1. Approve the enclosed Rules of carrying out public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies.

2. This resolution becomes effective from the date of publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 21, 2003 No. 376

Rules of carrying out public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies

1. General provisions

1. These rules of carrying out public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (further - the Law) and determine procedure for carrying out by the state body performing management in spheres of natural monopolies and in the controlled markets (further - authorized body) public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies.

2. The purpose of carrying out public hearings is strengthening of system of consumer protection in the field of tariff policy by ensuring transparency of activities of subjects of natural monopolies for consumers and authorized body.

3. Public hearings - the procedure of discussion of the project of rate (the price, rate of charge) or its limit on regulated services (goods, works) of the subject of natural monopoly with the invitation of representatives of state bodies, consumers and their public associations, mass media, independent experts and subjects of natural monopolies.

Other determinations and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

4. Principles of carrying out public hearings:

1) publicity;

2) respect for balance of consumer interests and subjects of natural monopolies.

5. The authorized body before carrying out public hearing places on the Internet resource and publishes in the printing editions distributed in the corresponding territory of administrative and territorial unit in which the subject of natural monopoly performs the activities, the announcement of carrying out public hearings with release at least two weekly:

1) in case of approval of rates (the prices, rates of charge) or their limits on regulated services (goods, works) of the subject of natural monopoly in general procedure not later than fifteen calendar days;

2) in case of approval of rates (the prices, rates of charge) on regulated services (goods, works) of the subject of natural monopoly according to Item 5 of article 18 of the Law not later than seven calendar days.

Requirements about publication in periodic printing editions of the announcement of the forthcoming public hearing do not extend to subjects of natural monopolies of low power in case of approval of rates (the prices, rates of charge) on regulated services (goods, works).

6. The announcement of the forthcoming public hearing includes the following data:

1) name and location of the organizer of hearings;

2) date, place and time of carrying out hearings;

3) the name of the subject of natural monopoly and type of service (goods, works) on approval of rates (the prices, rates of charges) or their limits for which the application is submitted;

4) contact telephone numbers of authorized body and subject of natural monopoly on which receipt of information is possible;

5) address of Internet resource of authorized body and subject of natural monopoly (in the presence).

7. When carrying out public hearings on discussion of projects of rates (the prices, rates of charges) or their limits invites relevant organs of local public administration with indication of data to regulated services (goods, works) of subjects of the natural monopolies included in the local Section of the State register of subjects of natural monopolies, authorized body, stipulated in Item 6 these rules.

8. The subject of natural monopoly of low power before carrying out public hearings informs consumers and interested persons on date, the place and time of carrying out public hearings.

9. Public hearings are carried out:

1) in case of approval of limits of rates (the prices, rates of charges) on regulated services (goods, works) of the subject of natural monopoly not later than thirty calendar days before decision making about approval;

2) in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of the subject of natural monopoly not later than fifteen calendar days before decision making about approval;

3) in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of the subject of natural monopoly according to Item 5 of article 18 of the Law not later than seven calendar days before decision making about approval;

4) in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of the subject of natural monopoly of low power not later than one calendar day before decision making about approval.

10. The subject of natural monopoly after publication of information on date of public hearings represents upon the demand of participants of public hearings:

drafts of tariff estimates, rates (the prices, rates of charges) on regulated services (goods, works) or their limits;

information on the reasons of increase in rates (the prices, rates of charges) on regulated services (goods, works) or their limits with economically reasonable calculations.

2. Procedure for carrying out public hearings

11. Hearings are carried out in the room determined by authorized body with providing easy access.

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