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

of February 26, 2003 No. 57-OD

About approval of Rules of inclusion and exception of the State register of subjects of natural monopolies

According to Item 3 of Article 4 and the subitem 1) article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets", PRIKAZYVAYU:

1. Approve the enclosed Rules of inclusion and exception of the State register of subjects of natural monopolies.

2. Declare invalid the order of Committee of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against August 19, 1998 No. 03-5 of OD "About Approval of Rules of Forming and Maintaining the State Register of Subjects of Natural Monopoly" (No. 645 is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on November 16, 1998; changes by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies, protection of the competition and support of small business of February 12, 2001 No. 20-OD are made; the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against September 11, 2002 No. 186-OD).

3. To department of administrative work (Shabdarbayev A. T.) after state registration of this order:

To provide 1) in accordance with the established procedure its publication in official mass media;

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

4. To impose control of execution of this order on the First Deputy Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition Sagintayev B. A.

5. This order becomes effective from the date of state registration.

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 February 26, 2003 No. 57-OD

Rules of inclusion and exception of the State register of subjects of natural monopolies

1. General provisions

1. These rules are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and determine procedure for inclusion and exception of subjects of natural monopolies of the State Register of subjects of natural monopolies.

2. For the purposes of these rules the following concepts are used:

The state register of subjects of natural monopolies (further - the Register) is the inundated list of subjects of natural monopolies consisting from republican and local Sections;

the subject of natural monopoly - the individual entrepreneur or the legal entity occupied with production of goods, works and (or) the consumer service delivery in the conditions of natural monopoly;

the natural monopoly is market situation of services (goods, works) in case of which creation of competitive conditions for satisfaction of demand for certain type of service (goods, works) is impossible or economically inexpedient owing to technology features of production and provision of this type of service (goods, works);

the sphere of natural monopoly - area of the public relations arising in the markets of services (goods, works) in which the individual entrepreneur or the legal entity can be recognized as the subject of natural monopoly;

authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

the central authorized body - the central executive body performing management in spheres of natural monopolies and in the controlled markets;

territorial authorized body - the territorial subdivision of the central authorized body performing management in spheres of natural monopolies and in the controlled markets.

3. The register creates and conducts authorized body.

4. It is excluded

5. Action of these rules does not extend to the individual entrepreneurs and legal entities performing the activities referred to the sphere of natural monopoly, but connected with construction and operation of the objects intended only for own needs.

2. Procedure for forming and maintaining Register

6. The individual entrepreneurs and legal entities performing the activities referred to the sphere of natural monopoly file in authorized body petition for inclusion in the Register of subjects of natural monopolies within 15 days from the date of the beginning of implementation of these activities.

7. In case of non-execution by the subject of natural monopoly of Item 6 of these rules, the authorized body makes the decision on accountability and its inclusion in the Register. At the same time the authorized body requests necessary documents, from the list of documents, stipulated in Item 11 these rules.

8. The republican Section of the Register creates and conducts the central authorized body.

The central authorized body can delegate to territorial authorized bodies of function of implementation of the state control and regulation of activities of subjects of natural monopolies.

The republican Section of the Register includes subjects of the natural monopolies performing:

1) services in spheres of natural monopolies in the territory of two and more areas (the city of republican value, the capital);

2) services of the international airport;

3) services of the seaport having the status of seaport of the international value.

The services provided by the subitem 2) of this Item of Rules are regulated by territorial authorized bodies of the cities of Astana and Almaty.

The services provided by the subitem 3) of this Item of Rules are regulated by territorial authorized body of Mangystau Region.

9. Local Sections of the Register are created and kept by territorial authorized bodies within the competence.

10. Inclusion and exception of the republican Section of the Register is made by the central authorized body based on the conclusion of the relevant industry structural division of the central authorized body about market situation of services (goods, works) regarding reference of the natural monopolies provided by subjects of services (goods, works) to the list of regulated.

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