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The document ceased to be valid since  January 1, 2016 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 740

I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 262

About approval of Rules of inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position

(as amended of the Order of the Minister of national economy of the Republic of Kazakhstan of 21.07.2015 No. 552)

According to the subitem 9) article 39 of the Law of the Republic of Kazakhstan of December 25, 2008 "About the competition" PRIKAZYVAYU:

1. Approve the enclosed Rules of inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position.

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 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. To impose control of execution of this order on the first 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.

Acting minister

M. Kusainov

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 262

Rules of inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position

1. These rules of inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position (further - Rules) are developed according to the Law of the Republic of Kazakhstan of December 25, 2008 "About the competition" (further - the Law) and determine procedure for inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position (further - the Register).

2. Forming and maintaining the register performs department of state body, performing management in the field of protection of the competition and restriction of monopolistic activities, control and regulation of the activities referred to the sphere of the state monopoly (further - department of antimonopoly authority).

The register is kept in form, according to appendix to these rules.

3. The approved Register, and also entering of changes into it are published on official Internet resource of antimonopoly authority.

4. Forming and maintaining the Register are performed by inclusion in it, exception of it, and also modification of the information about the subject of the market containing in the Register.

5. Forming of the Register is performed based on analysis results of the goods markets, the antimonopoly authority which is carried out by department according to Methods of carrying out the analysis and assessment of condition of competitive environment in the goods market, approved according to the subitem 14) of Article 39 the Law.

By results of the carried-out analysis and assessment of condition of competitive environment in the goods market department of antimonopoly authority within ten calendar days issues the order on inclusion or exception of the Register or modification and (or) amendment in it according to the decision of the Chairman of department of antimonopoly authority, in case of its absence of person fulfilling its duties.

If the name of service on which the subject of the market consists in the Register will change based on the corresponding regulatory legal act, but at the same time engineering procedure of rendering service did not undergo to change, change is brought in the name of service of the subject of the market consisting in the Register without carrying out the new (additional) analysis.

6. Department of antimonopoly authority within ten working days from the moment of decision making about inclusion of the subject of the market or modification of the Register sends it the statement from the Register, in case of exception of the subject of the market of the Register in the same time in writing notifies him on exception of the Register.

7. Department of antimonopoly authority in case of inclusion in the register of the subject of the market performing activities in the spheres carried according to article 7-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" to regulated sends the statement from the register to authorized bodies.

In case of exception of the subject of the controlled market of the Register department of antimonopoly authority in writing notifies state bodies of the corresponding field of activity.

8. The subjects of the market holding the dominating or monopoly position in the corresponding goods market according to the Law are subject to inclusion in the Register.

9. The group of persons joins in the Register as single subject of the market with indication of all physical and (or) legal entities entering group of persons, performing activities in the corresponding goods market.

Inclusion in the Register of the subjects of the market constituting group of persons does not depend on their total quantity and specific share of each of them.

10. In case of exit to the corresponding goods market of new subjects of the market which form group of persons with the subjects of the market which are already consisting in the Register and realizing similar (interchangeable) goods (works, services) such subjects of the market join in the Register as a part of group of persons without carrying out the new (additional) analysis.

11. In case of creation in group of persons of the new subjects of the market who are engaged in types of activity on which the group of persons is included in the Register these subjects of the market join in the register upon their identification.

12. The bases for exception of the subject of the market of the Register are:

1) the termination of activities of the legal entity, physical person as the individual entrepreneur (according to the statement of subjects of the market);

2) the judgment which took legal effect about exception of the subject of the market of the register;

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