Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since  June 13, 2020 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of May 22, 2020 No. 42

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

of January 20, 2015 No. 18

About approval of Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services,

According to Item 3 of article 18-4 of the Law of the Republic of Kazakhstan from 9 July, 1998 "About natural monopolies and the controlled markets" PRIKAZYVAYU:

1. Approve the enclosed Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services.

2. 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 in the procedure established by the legislation:

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) finishing it to data of structural divisions and territorial authorities of the Ministry of national economy of the Republic of Kazakhstan;

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

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Minister

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of January 20, 2015 No. 18

Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services,

1. General provisions

1. These rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (further - the Law) and establish procedure for carrying out purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services.

2. The requirements provided by these rules do not extend to cases of carrying out purchases:

1) subjects of the natural monopolies conducting procurement according to the legislation of the Republic of Kazakhstan on public procurements;

2) subjects of natural monopolies, fifty and more percent of shares (shares) of which directly or indirectly belong to national managing holding;

3) electrical and (or) heat energy at the qualified power making organization according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources;

4) the balancing electrical energy, electrical energy at the centralized biddings, the spot market according to the legislation of the Republic of Kazakhstan on power industry, and also on subjects of natural monopolies of low power and the regional electric grid companies.

3. In these rules the following concepts are used:

1) the potential supplier - the legal entity, physical person or the individual entrepreneur applying for the conclusion of the purchase agreement;

2) the affiliate of the potential supplier - any physical person or legal entity which has the right directly and (or) to indirectly determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the agreement or other transaction, and also any physical person or legal entity concerning which this potential supplier has such right;

3) homogeneous goods, works, services - goods, works and services which without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

4) competent authority - the state body performing management of the corresponding industry (sphere) of public administration;

5) the list of the goods which are purchased by the subject of natural monopoly, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services (further - the List) - the nomenclature of the goods which are purchased within year by the subject of natural monopoly, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services, with indication of units of measure, amounts, terms, methods of procurement, and also the maximum sizes of the amounts directed within one year to purchases of each type of goods, works and services;

6) purchase - acquisition by the customer of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services, according to the procedure, established by these rules;

7) strategic goods - the coal, gas, fuel oil, diesel fuel used in fuel quality for production of heat energy by subjects of natural monopolies, electrical energy - for subjects of natural monopolies in spheres of transfer and distribution of electrical energy, water supply and (or) water disposal, heat energy - for subjects of natural monopolies in the field of heat supply and for normative losses in the field of transfer and (or) distribution of heat energy, gas - for own needs and losses for subjects of natural monopolies in the field of gas transportation or gas condensate on the bulk and (or) distribution pipelines, purchased water - for subjects of natural monopolies in spheres of water supply, production of heat energy;

8) producers of strategic goods - the physical persons and legal entities making strategic goods or being owners of raw materials for production (conversion) of strategic goods or it is direct on behalf of the foreign producer realizing them in the territory of the Republic of Kazakhstan;

9) the customer - the subject of natural monopoly conducting procurement according to these rules;

10) affiliirovanny face of the customer - person (except for the state bodies performing regulation of its activities within the conferred powers) who has opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on the decisions made by the subject of natural monopoly, including owing to the agreement, including the verbal agreement, or other transaction, and also any person concerning whom the subject of natural monopoly has such right;

11) the tender - the purchase method providing the competition between potential suppliers and directed to detection of the most advantageous conditions of the agreement of purchase;

12) the tender commission - the commission which is created of number of persons employed of the customer for implementation of purchase of goods, works and services in cases and the methods established by these rules;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.