THE ORDER OF ANTI-MONOPOLY SERVICE UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 17, 2014 No. 25

About approval of the Procedure for carrying out public discussion of projects of rates for goods (works, services) subjects of natural monopoly

It agrees, article 8 of the Law of the Republic of Tajikistan "About natural monopolies" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" for the purpose of implementation of the procedure of discussion and ensuring participation of representatives of public authorities, consumers and their public associations, mass media and subjects of natural monopoly in consideration of projects of rates for goods (works, services) subjects of natural monopoly, I dispose:

1. Approve the Procedure for carrying out public discussion of projects of rates for goods (works, services) subjects of natural monopoly it (is applied).

2. Declare invalid the paragraph 4 Items 1 of the order of the Head of Anti-monopoly service under the Government of the Republic of Tajikistan of October 5, 2011, for No. 107 "About approval of regulatory legal acts of the antitrust law of the Republic of Tajikistan" which is registered of December 14, 2011, for No. 274 in the Ministry of Justice of the Republic of Tajikistan.

3. Provide this Order to the Ministry of Justice of the Republic of Tajikistan for the state accounting, registration and inclusion in the unified state Register of regulatory legal acts of the Republic of Tajikistan.

4. This Order becomes effective after state registration and official publication.

5. I assign supervision over execution of this order to myself.

Approved by the Order of the Chief of Anti-monopoly service under the Government of the Republic of Tajikistan on March 17, 2014, No. 25

Procedure for carrying out public discussion of projects of rates for goods (works, services) subjects of natural monopoly

I. General provisions

1. This Procedure is developed according to requirements of article 8 of the Law of the Republic of Tajikistan "About natural monopolies" and establishes procedure for carrying out public discussion of projects of rates for goods (works, services) subjects of natural monopoly.

2. Rates for electrical and heat energy on representation of authorized body affirm the Government of the Republic of Tajikistan.

3. The purpose of carrying out public discussion is strengthening of system of consumer protection in the field of tariff policy by ensuring transparency of activities of subjects of the goods occupied with production, works and (or) the consumer service delivery in the conditions of natural monopoly for consumers and authorized body.

4. In this Procedure the following basic concepts are used:

a) public discussions - the procedure of discussion of the project of rates or their limit on regulated goods (works, services) the subject of natural monopoly with the invitation of representatives of public authorities, consumers and their public associations, mass media and subjects of natural monopoly;

b) the subject is more natural than monopoly - the business entity (legal entity) occupied with production (realization) of goods, performance of works and (or) rendering services to consumers in the conditions of natural monopoly;

c) rate, (price) - the monetary value of cost of goods (works, services) of the subject of natural monopoly approved by authorized body;

d) authorized body - the state body exercising control and regulation of activities in spheres of natural monopolies.

5. Principles of carrying out public discussion:

a) publicity;

b) transparency;

c) respect for balance of the consumer interests and subjects providing services.

6. Need of carrying out public hearings by consideration, approval or change of rates (the prices, rates of charges) of subjects of the goods occupied with production, works and (or) the consumer service delivery in the conditions of natural monopoly, is determined by authorized body.

7. In case of carrying out public discussions the authorized body shall publish not later than three days in printing editions information including the following data:

a) name and location of the organizer of hearings;

b) date and venue of hearings;

c) the name of subjects providing services and type of service (goods, works) concerning approval or change of rates (the prices, rates of charges) which will be discussed;

d) contact telephone numbers of authorized body and subject of natural monopoly on which it is possible to receive information.

8. Public discussions are carried out not later than ten days before acceptance of the final decision on approval of rates for goods (works, services) the subject of natural monopoly.

9. The data which are the commercial and protected by the law other secret are not subject to announcement on public discussions without approval of the subject of natural monopoly.

2. Procedure for carrying out public hearings

10. Discussions are carried out in the room determined by authorized body with providing easy access.

11. For carrying out public discussions with the order of the Head from among management of authorized body it is appointed the chairman of public hearings (further - the chairman). The chairman appoints the secretary of public hearings from number of persons employed of authorized body which takes the protocol.

12. The protocol is constituted in writing.

13. The chairman establishes regulations for each public discussions.

14. The chairman opens in due time hearings, announces their purpose and its agenda. The chairman informs participants of regulations of carrying out discussions.

15. In the performance the subject occupied with production of goods of works and (or) the consumer service delivery shall make detailed explanation and reasons to the offered rate level (the prices, rates of charge) on the services (goods, works) provided to them.

16. The chairman asks questions speaking at public hearings, states the line item on cases in point, interrupts performance of the participant of hearings violating regulations of hearings, and also the performances which are not concerning subject of public discussions.

17. Participants of public discussions have the right to state the point of view on cases in point, to ask questions to speakers, to use in the performance auxiliary materials, including posters, schedules and others, also to put written performance to the protocol of public discussions.

18. The chairman sums up the results of discussion and closes public discussions.

19. The opinions expressed by participants of public discussions have advisory nature and are taken into consideration.

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