Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since  June 13, 2020 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of May 22, 2020 No. 42

THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of March 19, 2003 No. 80-OD

About approval of Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure

(as amended on 05-05-2016)

According to Item 5 of article 18 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and the subitem 254) of Item 17 of the Regulations on the Ministry of national economy of the Republic of Kazakhstan No. approved by the order of the Government of the Republic of Kazakhstan of September 24, 2014 1011, I ORDER:

1. Approve the enclosed Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure.

2. To department of administrative work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Shabdarbayev A. T.) after state registration of this order:

To provide 1) in the procedure established by the legislation its publication in official mass media;

2) to bring it to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition.

3. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition Amrin A. K.

4. This order becomes effective from the date of its state registration.

Chairman

Dosayev E. A.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against March 19, 2003 No. 80-OD

Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure

1. General provisions

1. Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets".

2. Rules determine the simplified approval procedure of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies (further - the simplified procedure).

3. Approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) in the simplified procedure is made on:

1) regulated services (goods, works) of the newly created subject of natural monopoly irrespective of patterns of ownership;

2) the included based on the analysis of spheres of natural monopolies regarding reference of the natural monopolies provided by subjects of services (goods, works) within these spheres to regulated, new types of regulated services (goods, works);

3) the new types of regulated services (goods, works) rendered by the subject of natural monopoly which is already included in the State register of subjects of natural monopolies by other types of regulated services (goods, works);

4) new objects and (or) sites if applicable fares on regulated services (goods, works) the subject of natural monopoly are approved separately on objects and (or) sites.

4. The newly created subject of natural monopoly - the individual entrepreneur or the legal entity who began or going to begin implementation of activities for production of goods, works and (or) to the consumer service delivery in the conditions of natural monopoly.

5. In case of application and decision making about approval of projects of rates (the prices, rates of charges) and tariff estimates department of authorized body and subjects of natural monopolies are guided by the Special procedure for forming of costs (further - the Special procedure) approved by the order of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 No. 130-OD registered in the Register of state registration of regulatory legal acts at No. 8480, other regulatory legal acts including the regulatory legal acts establishing accounting standards, the tax legislation and also the industry method of calculation of rates (the prices, rates of charges) and tariff estimates on services (goods, works) of subjects of natural monopolies approved according to the subitem 4) of Item 1 of article 13 of the Law (further - industry techniques).

5-1. The subject of natural monopoly which assets arrived in its property as a result of the concluded bargain or realization of competitive mass of the debtor - the subject of natural monopoly declared bankrupt provides to consumers regulated services (goods, works) on earlier approved department of authorized body for owners of these assets or property on which collection in the course of bankruptcy proceedings, to rates (the prices, rates of charges) to tariff estimates or their limits and tariff estimates before submission of the request for approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works), but no more than for six months is turned.

2. Procedure for representation and adoption of the request for approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure

6. The subjects of natural monopolies specified in Item 3 of these rules within ten calendar days from the moment of receipt of the notification of department of authorized body on inclusion it in the State register of subjects of natural monopolies submits to department of authorized body the request for approval of rate (the price, rate of charge) and the tariff estimate.

7. (The prices, rates of charge) and the tariff estimate in the simplified procedure are applied to the request for approval of rate:

1) the project of rate (the price, rate of charge) and the tariff estimate in the form of the price list;

2) data on design capacity;

3) data on availability or absence creditor and receivables with disaggregation appendix;

4) calculation of standard rates of number;

5) calculation of industry technical and technology regulations, and also normative technical losses;

6) calculation of the depreciation charges with indication of useful lives of fixed assets;

7) project of cost budget, fixed business assets, necessary for maintenance, in working order;

8) the draft of the tariff estimate for calculation of the project of rate (the price, rate of charge) and the tariff estimate, according to appendices 1-23 to these rules;

9) the decision of body for management of state-owned property or the state company on establishment of the salary fund and official pay rates of heads (for the state companies or the companies with the prevailing share of the state);

10) the documents confirming the planned amount of regulated services (goods, works) proceeding from obligation of general servicing according to the quality requirements of the provided regulated services (goods, works) established by state bodies within their competence and opportunities of the subject of natural monopoly (protocols of intentions, agreements, calculations of production volumes of goods).

The requirements provided by this Item do not extend to subjects of the natural monopolies specified in Item 7-1 of these rules.

7-1. To the request for approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies in the field of telecommunications on condition of absence of the competitive telecom operator because of technology impossibility or economic inexpediency of provision of these types of service, except for universal services of telecommunications, in cases of calculation of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) using industry techniques on regulated services of the telecommunications which are not providing use of costs for provision of regulated services (goods, works) in calculations are applied:

1) the explanatory note about need of approval of rates (the prices, rates of charges) and tariff estimates in connection with acceptance of authorized body of new methodology of calculation of rates by department (the prices, rates of charges) and tariff estimates or modification of the operating techniques, the costs of the subject of natural monopoly which are not providing use in calculations;

2) projects of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works);

3) number of phone lines;

4) the number of subscribers on categories of users;

5) applicable fares on the main services of telecommunications in categories of subscribers and in the directions of connections;

6) the operating discount rates for the omission of internetwork traffic;

7) the operating discount rates of the international telecom operators;

8) the operating discount rates for the omission of the entering international traffic;

9) the operating discount rates of mobile operators;

10) applicable fares for accession at the local, intra-zone, long-distance and international levels for legal entities and telecom operators by types of internetwork traffic;

11) the operating privileges on categories of subscribers and in the directions of connections;

12) the operating discounts for the main services of telecommunications;

13) weighted average rates for the main services of telecommunications;

14) calculation of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works);

15) other data and materials confirming and proving calculation of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works).

8. The calculations and the proving materials attached to the request meet the following requirements:

1) materials of the request are stitched, numbered, certified by seal, and the signature of the head of the subject natural monopolies. At the same time, the submitted financial records are signed by the first head and the chief accountant of the subject of natural monopoly or persons replacing them and certified by seal the subject of natural monopoly;

2) the proving materials are represented per the forthcoming planned year (four quarters);

3) as the proving materials data on the planned costs, the income are represented;

4) the proving materials by each type of regulated services (goods, works) are represented separately.

3. Procedure for consideration of the request and approval of rates (prices, rates of charges) and tariff estimates

9. The project of rate (the price, rate of charge) and the tariff estimate on provision of regulated services (goods, works) of the subject of natural monopoly is considered by department of authorized body no more than thirty calendar days.

The term of consideration of the project of rate (the price, rate of charge) and the tariff estimate is estimated from the date of receipt of the request in department of authorized body.

10. Department of authorized body if necessary carries out project appraisal of rate (the price, rate of charge) and the tariff estimate with involvement for this purpose of independent experts, state bodies, consumers and their public associations on the basis of the analysis of the proving documents and calculations, and also comparative analysis of indicators of activities of subjects of the natural monopolies which are engaged in similar type of activity submitted by the subject of natural monopoly with the request.

11.  No. 15-OD is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of 22.01.2014

12. The decision on approval of rate (the price, rate of charge) and the tariff estimate is drawn up in the form of the order of department of authorized body and goes to the subject of natural monopoly not later than fifteen calendar days before introduction of the approved rate (the price, rate of charge) and the tariff estimate.

4. Procedure for enforcement of rates (prices, rates of charges) and tariff estimates

13. Introduction of the approved rates (the prices, rates of charges) and tariff estimates is performed from the date determined by department of authorized body.

14. (The prices, rates of charge) and the tariff estimate in the simplified procedure the subject of natural monopoly notifies consumers through official mass media not later than ten calendar days before introduction on introduction of rate it in action.

15.  No. 15-OD is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of 22.01.2014

16. The subjects of natural monopolies specified in part one of Item 3 of Rules shall no later than nine months from the date of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) to address to department of authorized body with the request for their review.

17. In case of overestimate of rate (the price, rate of charge) and the tariff estimate, approved in the simplified procedure, department of authorized body along with introduction of new rate (the prices, rates of charge) and the tariff estimate makes the decision on compensation to consumers of the caused losses.

Appendix 1

to Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure

Name of the subject ________________________

The tariff estimate on services in transfer of oil in system of the bulk distribution line

№ of payment order

Name of indicators *

Unit of measure

Project of the subject of natural monopoly

1

2

3

4

I

Production costs of goods and provision of services, all

one thousand tenges

 

 

including:

 

 

1

Material costs, all

-//-

 

 

including:

 

 

1.1

raw materials and materials

-//-

 

1.2

purchased products

-//-

 

1.3

FUEL AND LUBRICANTS

-//-

 

1.4

fuel

-//-

 

1.5

energy

-//-

 

2

Labor costs, all

-//-

 

 

including:

 

 

2.1

salary

-//-

 

2.2

social tax

-//-

 

3

Depreciation

-//-

 

4

Repair, all

-//-

 

 

including:

 

 

4.1

the capital repairs which are not leading to value addition of fixed assets

-//-

 

5

Other costs, all

-//-

 

 

including:

 

 

5.1

communication services

-//-

 

5.2

traveling expenses

-//-

 

5.3

clerical expenses

-//-

 

5.4

content of atm. buildings

-//-

 

5.5

training

-//-

 

5.6

safe engineering

-//-

 

5.7

payments in fund of conservation

-//-

 

5.8

insurance

-//-

 

5.9

private and fire security

-//-

 

5.10

legal and consulting services

-//-

 

5.11

expenses on Research and Development and the specifications and technical documentation

-//-

 

5.12

licensing of motor transport

-//-

 

5.13

disinfection

-//-

 

5.14

other costs, all

-//-

 

 

including:

 

 

5.14.1

aviaservices

-//-

 

5.14.2

cargo transportation

-//-

 

5.14.3

metrology

-//-

 

5.14.4

balancing and commissioning

-//-

 

5.14.5

diagnostic works

-//-

 

5.14.6

assignments on geological exploration

 

 

5.14.7

payment for use of natural raw materials

-//-

 

II

Period expenses, all

-//-

 

6

Total and administrative expenses, all

-//-

 

 

including:

 

 

6.1

salary of administrative personnel

-//-

 

6.2

social tax

-//-

 

6.3

services of bank

-//-

 

6.4

depreciation

-//-

 

6.5

utilities

-//-

 

6.6

services of third parties

-//-

 

6.7

traveling services

-//-

 

6.8

entertainment expenses, communication, periodicals

-//-

 

6.9

labor protection and safe engineering

-//-

 

6.10

taxes

-//-

 

6.11

other expenses (it is necessary to decipher)

-//-

 

7

Expenses on payment of remunerations

-//-

 

III

In total costs

-//-

 

IV

Profit

-//-

 

V

In total income

-//-

 

VI

Amount of the rendered services

one thousand tons

 

one thousand tenges

 

VII

Cargo turnover

one million tkm

 

VIII

Normative losses

%

 

one thousand tons

 

IX

Specific rate (excluding VAT)

tenge / for 1 ton on 1000 km

 

 

For information only:

 

 

8

Average number of workers, all

person

 

 

including:

 

 

8.1

production personnel

-//-

 

8.2

administrative personnel

-//-

 

9

Average monthly salary, all

tenge

 

 

including:

 

 

9.1

production personnel

-//-

 

9.2

administrative personnel

-//-

 

10

The capital repairs leading to value addition of fixed assets

one thousand tenges

 

11

The costs performed by profit (it is necessary to decipher)

-//-

 

12

The running (scheduled preventive) repair which is carried out by economic method, all

-//-

 

 

including:

 

 

12.1

materials on repair

-//-

 

12.2

salary

-//-

 

12.3

social tax

-//-

 

 

* - costs if necessary can be expanded or

 

Signature _________________________________________________

              (Head of the subject of natural monopoly)

 

M.P.

Appendix 2

to Rules of approval of rates (the prices, rates of charges) and tariff estimates in the simplified procedure

Name of the subject ________________________

The tariff estimate on services in plum/filling oil with/in railway tanks

№ of payment order

Name of indicators *

Unit of measure

Project of the subject of natural monopoly

1

2

3

4

I

Production costs of goods and provision of services, all

one thousand tenges

 

 

including:

 

 

1

Material costs, all

-//-

 

 

including:

 

 

1.1

raw materials and materials

-//-

 

1.2

purchased products

-//-

 

1.3

FUEL AND LUBRICANTS

-//-

 

1.4

fuel

-//-

 

1.5

energy

-//-

 

2

Labor costs, all

-//-

 

 

including:

 

 

2.1

salary

-//-

 

2.2

social tax

-//-

 

3

Depreciation

-//-

 

4

Repair, all

-//-

 

 

including:

 

 

4.1

the capital repairs which are not leading to value addition of fixed assets

-//-

 

5

Other costs (it is necessary to decipher)

-//-

 

II

Period expenses, all

-//-

 

6

Total and administrative expenses, all

-//-

 

 

including:

 

 

6.1

salary of administrative personnel

-//-

 

6.2

social tax

-//-

 

6.3

depreciation

-//-

 

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.