of June 2, 2012 No. 365
About approval of Rules of hearing of cases about antitrust violations of the Kyrgyz Republic
According to the laws of the Kyrgyz Republic "About the competition", "About natural monopolies in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Rules of hearing of cases about antitrust violations of the Kyrgyz Republic according to appendix.
Approved by the Order of the Government of the Kyrgyz Republic of June 2, 2012 No. 365
These rules determine the organizational and legal basis by hearing of cases by protection and development of the competition and are directed to the prevention, restriction, suppression of monopolistic activities and unfair competition, and also providing conditions for creation and effective functioning of the markets of the Kyrgyz Republic.
1. The basis for hearing of cases about antitrust violation are:
1) the materials arriving from state bodies, local government bodies specifying availability of signs of antitrust violation (further - materials);
2) the statements arriving from legal entities and physical persons specifying availability of signs of antitrust violation (further - the statement);
3) the messages of mass media specifying availability of signs of antitrust violation;
4) detection by the state antimonopoly authority, its territorial authorities (further - antimonopoly authority), including as a result of performed by them, signs of antitrust violation.
2. Territorial authorities in case of identification of antitrust violations which influence extends to all territory of the Kyrgyz Republic or two and more regions, transfer the statement, materials for consideration to central office of antimonopoly authority, having notified on it the applicant, within 3 days from the date of receipt of the statement, materials, or from the date of establishment of the circumstances indicating transfers of the statement, materials the need.
3. The statement, materials are drawn up in writing in any form and shall be signed by the applicant or his representative. The statement shall contain the information about the applicant and about person concerning which the application, the description of antitrust violation is submitted with reference to regulatory legal acts, being of requirements with which the applicant addresses, and also the list of the enclosed documents.
Information about the applicant and about person concerning which the application is submitted (in the presence) shall contain the following data:
- for legal entities - the name of the legal entity and his location, First Name, Middle Initial, Last Name, phone number and the head's fax;
- for physical persons - First name, middle initial, last name, the residence, phone number. The copy of the identity document is attached;
- for person, the representative to act and represent the interests of the applicant, - First name, middle initial, last name, the residence, phone number, the written proof of powers of the representative which is drawn up in the procedure established by the legislation to the Kyrgyz Republic. The copy of the identity document is attached.
The documents testimonial of the facts of antitrust violation are attached to the statement, materials (further - documents). In case of impossibility of submission of such documents the reason of impossibility of their representation, and also expected person or body at which these documents can be received is specified.
4. The trade secret, official secret or other secret protected by the law containing in documents cannot form the basis for refusal in their provision to antimonopoly authority. At the same time the applicant shall specify the exhaustive list of the documents and data which are trade secret, except for documents and data which cannot be trade secret according to the legislation of the Kyrgyz Republic.
5. The documents and data specified in the statement, materials shall be reliable. The enclosed documents shall represent the originals or copies of originals (which are properly drawn up and certified).
6. The statement, materials, and also the enclosed documents and data shall be provided in the state or official language. In case of the appeal to antimonopoly authority of the applicant who is the foreign person, documents shall be submitted in foreign language with the translation into the state or official language certified in accordance with the established procedure.
7. The statement, materials together with documents go to antimonopoly authority by the following methods:
2) delivery by the applicant personally;
3) delivery by the courier on receipt;
4) transfer by territorial authorities.
The statement, materials are considered provided from the date of their registration in antimonopoly authority.
8. The applicant in case of filing of application, materials or during the term of consideration of the application, materials in addition to the submitted documents and data has the right to provide in antimonopoly authority any information which, according to the applicant, is important for decision making.
9. The antimonopoly authority considers the application, materials in ten-day time from the date of obtaining.
If consideration of the application requires conducting special check, reclamation of additional materials, terms of consideration of the application can be extended by the head or the deputy manager of antimonopoly authority, but no more than for one month, with the message on it to person who submitted the application.
10. By preparation for consideration of the application, materials and studying of data and documents antimonopoly authority:
Determines 1) whether this case is within the competence of antimonopoly authority;
Determines 2) whether there are circumstances excluding possibility of consideration of this case by antimonopoly authority;
Finds out 3) whether the protocol on administrative offense is correctly constituted, and also other materials are drawn up;
Determines 4) whether there are circumstances excluding proceeedings;
5) is determined by sufficiency of materials for consideration of the case:
- materials are given according to Item 3 of these rules;
- the documents confirming the fact of antitrust violation are submitted;
- authenticity of the provided information about applicants and person concerning whom the application is submitted;
6) is established by availability of signs of antitrust violation and determines regulation of the antitrust law which is subject to application;
7) is determined by the group of people, subject to attraction to participation in case;
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