THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of March 28, 2014 No. 64-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 2) Item 1 of Article 13 and the subitem 2) Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" PRIKAZYVAYU:

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

2. Recognize invalid some regulatory legal acts of the Agency of the Republic of Kazakhstan on regulation of natural monopolies according to appendix to this order.

3. To department of strategic planning, summary analysis and international cooperation of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Martynenko A. V.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) publication of this order on Internet resource of the Agency of the Republic of Kazakhstan on regulation of natural monopolies, after official publication in mass media.

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 in the Ministry of Justice of the Republic of Kazakhstan:

To provide 1) in the procedure established by the legislation its publication in official mass media 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 it 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 Duysebayev A. Zh.

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

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of March 28, 2014 No. 64-OD

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

1. General provisions

1. These rules of inclusion and exception of the State register of subjects of natural monopolies are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further – the Law) 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:

territorial authorized body – territorial subdivision of the authorized body performing management in spheres of natural monopolies;

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, with indication of specific types of the provided regulated services (goods, works), according to the List of regulated services (goods, works) of subjects of natural monopolies approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 30, 2014 No. 186, registered in the Register of state registration of regulatory legal acts for No. 10469 (further – the List of regulated services);

the applicant – the individual entrepreneur or the legal entity who submitted the request for inclusion in the Register;

authorized body – the state body performing management in spheres of natural monopolies;

authorized body in separate industries – the state body exercising control and regulation in spheres of natural monopolies in separate industries.

3. The authorized body conducts and creates the Register in electronic and paper type in form according to appendix 1 to these rules.

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

The republican Section of the Register includes subjects of the natural monopolies performing activities for rendering the following services:

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 airport;

3) services of seaport.

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

The local Section of the Register includes subjects of the natural monopolies performing the activities referred to spheres of natural monopolies according to the legislation on natural monopolies, except for the types of service specified in item 4 of these rules.

6. Action of these rules does not extend to individual entrepreneurs and legal entities, according to the subitem 1) of Item 3 of article 2 of the Law.

2. Procedure for inclusion and exception of the Register

7. 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 the natural monopolies in form according to appendix 2 to these rules with application of documents specified in Item 9 of Rules within 15 (fifteen) calendar days from the date of rendering regulated services to consumers.

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