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The document ceased to be valid since August 16, 2015 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of June 27, 2015 No. 462

THE JOINT ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF REGIONAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2013 No. 200-OD, 5 of July, 2013 No. 126/ODES

About approval of criteria for evaluation of risk degree in the field of private entrepreneurship in spheres of natural monopolies

According to subitem 3-1) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" and Items 3 and 4 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", PRIKAZYVAYEM:

1. Approve the enclosed criteria for evaluation of risk degree in the field of private entrepreneurship in spheres of natural monopolies.

3. To inspection department and claim work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Alaman A. T.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) publication of this order on official Internet resource of the Agency of the Republic of Kazakhstan on regulation of natural monopolies.

4. To department of administrative work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Bazarbayev S. P.) after state registration of this order:

1) to provide official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan with the subsequent submission to Legal department of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of data on publication;

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

5. 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 Alpysbayev A. A.

6. This order becomes effective after ten calendar days after day of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies

"___" _________ 2013 First deputy

_________________ M. Ospanov

Prime Minister of the Republic of Kazakhstan Minister of Regional Development of the Republic of Kazakhstan

"___" _________ 2013

 

_________________ B. Sagintayev

Approved by the Joint order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and the First deputy Premier-Ministra of the Republic of Kazakhstan Minister of Regional Development of the Republic of Kazakhstan of July 1, 2013 No. 200-OD, 5 of July, 2013 No. 126/ODES

Criteria for evaluation of risk degree in the field of private entrepreneurship in spheres of natural monopolies

1. These criteria for evaluation of degree of risks in the field of private entrepreneurship in spheres of natural monopolies (further - Criteria) are developed according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan".

2. These Criteria determine set of quantitative and qualitative indexes of risks based on which assessment and reference of subjects of natural monopolies is performed (further - Subjects) to different risk degrees.

3. Concerning Subjects the being small business entities scheduled inspections can is carried out after three years from the date of their state registration (except the created legal entities according to the procedure of reorganization and legal successors of the reorganized legal entities).

4. Under risk these Criteria the probability of damnification as a result of activities of the checked Subjects of life or to health of the person, the environment, valuable interests of the state, legitimate interests of physical persons and legal entities by unreasonable increase in rates, refusal is recognized provision of regulated services, discrimination of consumers of regulated services, and also other actions (bezdeystviye) taking into account severity of its effects.

5. The risks assessment for the purpose of distribution of Subjects on degrees of risks is performed based on Qualitative indexes of assessment of degree of risks (further - Qualitative indexes), according to appendix to these Criteria.

6. On each fact of the violations (including revealed as a result of unscheduled inspections) specified in Qualitative indexes from the moment of the last check in case of its availability the corresponding point which in subsequent is summed up and considered in case of assessment of degree of risks is appropriated.

If action or failure to act of the Subject falls under action of several Qualitative indexes, points are summed up.

7. Points on Qualitative indexes are summed up for determination of general total result.

8. Total results of result are used for differentiation of Subjects on degrees of risks.

9. Differentiation of Subjects on degrees of risks is performed as follows:

the Subjects which gained from 30 and more points concern group of high risk;

to group of average risk degree - 20 points;

to group of insignificant risk degree - 10 points inclusive.

10. If any violations of the law about natural monopolies and the controlled markets entailed receipt of the income (revenue) by the Subject, such Subject irrespective of the amount of the appropriated points treats high risk.

11. The subjects which underwent to scheduled inspection are subject to repeated risks assessment taking into account the allowed violations based on Qualitative indexes for the purpose of their distribution on degrees of risks the next calendar year.

12. The number of the planned checks is determined proceeding from results of the carried-out risks assessment of Subjects and the number of the officials of the authorized body performing management in spheres of natural monopolies and in the controlled markets participating in checks.

13. Selection of Subjects in one risk group is performed by authorized body by the following principles:

1) the plan of checks joins the Subject having the greatest unchecked period (in case of determination of the unchecked period unscheduled thematic inspections are not taken into account);

2) the plan of checks joins the Subjects which gained the largest scores.

Appendix

to Criteria for evaluation of risk degree in the field of private entrepreneurship in spheres of natural monopolies

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