ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2011 No. 1246

About approval of Rules of carrying out the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons

According to subitem 7-3) of article 7 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 the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons.

2. This resolution becomes effective after ten days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of October 31, 2011 No. 1246

Rules of carrying out the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons

1. General provisions

1. These rules are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" and establish procedure for carrying out subjects of natural monopolies of the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons.

2. The purposes of these rules are strengthening of system of consumer protection, ensuring transparency of activities of subjects of natural monopolies before consumers and other interested persons.

3. The annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons (further – the annual report) is carried out in the form of hearing.

4. The determinations and terms used in these rules are applied in the values established by the legislation on natural monopolies.

5. Principles of carrying out annual reports:

1) publicity;

2) transparency of activities of the subject of natural monopoly;

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

6. The announcement of the forthcoming carrying out hearing according to the annual report is published by the subject of natural monopoly included in the local Section of the state register of subjects of natural monopolies in the periodic printing edition issued at least three weekly, and the subject of natural monopoly included in the republican Section of the State register of subjects of natural monopolies in the periodic printing edition issued at least three weekly and distributed in all territory of the Republic of Kazakhstan not later than fifteen working days before its carrying out and shall include the following data:

1) name and location of the subject of natural monopoly;

2) date and venue of the annual report;

3) type of regulated services (goods, works).

7. A month before carrying out hearing of the annual report the subject of natural monopoly notifies authorized body.

8. After the publication of the announcement of the forthcoming carrying out hearing according to the annual report the subject of natural monopoly before carrying out hearing according to the annual report on written consumer requirement and (or) other interested persons provides information specified in Item 13 of these rules within 3 working days from the moment of receipt of their request.

9. The subject of natural monopoly provides access to the venue of everyone to participate in hearing of the annual report of the subject of natural monopoly. In case of carrying out hearing in the buildings having access and other specialized control, subject natural monopolies shall specify in the announcement of preliminary forming of the list of listeners which term expires in 24 hours prior to carrying out hearings. If the report is carried out the next working day after the day off, then the report shall be carried out in the second half of day, and forming of the list of listeners shall come to the end in the first half of the working day till 12:00 in the afternoon of carrying out hearings.

2. Procedure for carrying out the annual report

10. Hearing of the annual report is carried out by the subject of natural monopoly in the room determined of Hearing by the subject of natural monopoly carried out till May 1 of the year following for reporting.

11. For carrying out the annual report from among heads of the subject of natural monopoly the chairman of hearing is appointed. The chairman of hearing appoints the secretary from number of persons employed of the subject of natural monopoly which takes the protocol.

12. The chairman of hearing shall open in due time hearing, to announce their purpose and the agenda.

13. The performance of the subject of natural monopoly shall contain the following information:

1) about execution of the investing programs and (or) investment projects including approved by authorized body;

2) about the main financial and economic indicators of activities of the subject of natural monopoly for the accounting period;

3) about amounts of the provided regulated services (goods, works) for the accounting period;

4) about the carried-out work with consumers of regulated services (goods, works);

5) about itemized execution by the approved authorized body of the tariff estimate for the accounting period;

6) about activities perspectives (development plans), including possible changes of rates for regulated services (goods, works).

In the performance the subject of natural monopoly shall make detailed explanation on quality of provision of regulated services (goods, works) to consumers.

On behalf of the subject of natural monopoly reporting to consumers and other interested persons the first head or person to who fulfillment of duties of the first head is assigned shall act.

14. Participants of hearing can state the point of view on case in point, ask questions to speakers, use in the performance auxiliary materials (posters, schedules and others) and to put written performance to the protocol.

15. The opinions expressed by participants of hearing have advisory nature.

16. To person breaking procedure during hearing, the chairman of hearing makes the warning.

17. The chairman of hearing sums up the results and closes hearing.

18. In the course of carrying out hearing the protocol is taken. The protocol shall contain information specified in Item 6 of these rules, and also data on time of the beginning and the end of hearing, surname and the initials acting and summary of essence of performances. All protocols are numbered and filed in the separate folder.

19. The copy of the protocol of hearing within three working days after carrying out hearing is submitted in authorized body.

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