ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2014 No. 34

About approval of the Regulations on Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan

According to the subitem 6) Item 1 of article 29 of the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts" and the order of the Government of the Republic of Kazakhstan of August 14, 2014 No. 933 "About departments of the central executive bodies of the Republic of Kazakhstan" and the order of the Government of the Republic of Kazakhstan of September 24, 2014 No. 1011 "Questions of the Ministry of national economy of the Republic of Kazakhstan" of PRIKAZYVAYU:

1. Approve the enclosed Regulations on Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan.

2. (Zhumangarin S. M.) in the procedure established by the legislation to provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan:

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

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. This order becomes effective from the date of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of September 30, 2014 No. 34

Regulations on Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan

1. General provisions

1. The committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan (further - Committee) is the state body of the Republic of Kazakhstan performing management in spheres of protection of the competition and restriction of monopolistic activities in the corresponding goods markets, control and regulation of the activities referred to the sphere of the state monopoly and also in limits, stipulated by the legislation, cross-industry coordination, regulation and control in spheres of natural monopolies and in the controlled markets, except for spheres in the field of telecommunications and the mail service, according to the legislation of the Republic of Kazakhstan, and also control and regulation of activities which are power making and the power supplying organizations according to the Law of the Republic of Kazakhstan "About power industry" and other special executive, allowing and control functions;

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The committee on questions of the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the Chairman of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and the number of staff of Committee affirm according to the current legislation.

8. Legal address of Committee: 010000, city of Astana, area of Esil, Ulitsa Orynbor, house No. 8, entrance 4, office building "House of the ministries".

9. Full name of state body - republican public institution "Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

2. Main objectives, functions, rights and obligations of Committee

13. Task:

1) participation in forming of state policy in the sphere of natural monopolies and in the controlled markets;

2) participation in forming of state policy in the sphere of protection of the competition and restriction of monopolistic activities.

14. Functions:

1) implementation of international cooperation according to questions of competence of antimonopoly authority;

2) implementation of cross-industry coordination of state bodies and other organizations in the sphere of protection of the competition and restriction of monopolistic activities;

3) development and approval within the competence of regulatory legal acts;

4) carrying out the analysis of spheres of natural monopolies regarding reference of the natural monopolies provided by subjects of services (goods, works) within these spheres to regulated;

5) generalization of practice of application of the legislation of the Republic of Kazakhstan on natural monopolies and controlled markets;

6) monitoring of efficiency of realization of investing programs and investment projects of subjects of natural monopolies;

7) carrying out information analysis of subjects of natural monopolies about execution of investing programs (projects);

8) approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies;

9) forming and maintaining the State register of subjects of natural monopolies;

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