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

of March 27, 2015 No. 274

About modification of the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 17, 2013 No. 213-OD "About approval of Rules of approval of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies"

In compliance the subitem 5) of Item 1 of article 14-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" I ORDER:

1. Bring in the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 17, 2013 No. 213-OD "About approval of Rules of approval of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies" (registered in the Register of state registration of regulatory legal acts for No. 8625, No. 319 published in the Kazakhstanskaya Pravda newspaper of November 20, 2013 (27593), the following change:

And tariff estimates on regulated services (goods, works) of subjects of natural monopolies approved by the specified order to be reworded as follows rules of approval of limit of rates (the prices, rates of charges) according to appendix to this order.

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 the 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.

Appendix

to the Order of the Acting Minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 274

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 17, 2013 No. 213-OD

Rules of approval of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies

1. General provisions

1. Rules of approval of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies (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 other regulatory legal acts in the field of natural monopolies and the controlled markets.

2. These rules determine approval procedure of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies (further - the Subject).

3. The project of limit of rate (the prices, rates of charges) and tariff estimates on regulated services (goods, works) is created by Subjects taking into account parameters (indicators) provided in the project of investing programs (projects) of subjects of natural monopolies.

4. In these rules the following concepts are used:

1) the basic tariff estimate - the tariff estimate for the first year of introduction of limit of rates (the prices, rates of charges) of the Subject created according to requirements of the Special procedure for forming of costs, applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies (further - the Special procedure), the Chairman of the Agency of the Republic of Kazakhstan approved by the order on regulation of natural monopolies of April 25, 2013 No. 130-OD, (registered in the Register of state registration of regulatory legal acts for No. 8480);

2) the predicted tariff estimate - the tariff estimate the next years the medium-term or long-term period created taking into account indicators of social and economic development of the Republic of Kazakhstan (inflation);

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

4) the tariff income - the income of the Subject from rendering regulated services (goods, works) on the limit of rates (the prices, rates of charges) approved by department of authorized body;

5) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

6) department of authorized body - Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan;

7) adjustment of the tariff estimate and (or) limit of rate - adjustment of indicators of the tariff estimate and (or) limit of rate without increase in the approved limit of rate.

Other concepts and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

5. Forming of limit of rates (the prices, rates of charges) is performed based on separate accounting of the income, costs and the involved assets by each type of regulated services (goods, works) and in general on other activities of the Subject.

6. The costs considered when forming of the predicted tariff estimate on regulated services (goods, works) shall correspond to the legislation of the Republic of Kazakhstan on financial accounting, tax and other legislation of the Republic of Kazakhstan taking into account indicators of the forecast of social and economic development of the Republic of Kazakhstan (inflation).

7. The predicted indicators of the tariff estimate are based on determination of the tariff income of the Subject for the medium-term or long-term period.

The tariff income is estimated separately for the every year entering the medium-term or long-term period. On the basis of the tariff income for the entire period the weighted average rate (the price, rate of charge) is calculated.

The tariff income is determined proceeding from the predicted amounts of costs for rendering regulated services (goods, works), period expenses, and also admissible profit level.

8. In case of decision making of authorized body by department in the form of the emergency regulating measures of the requirement of Items 22, of 23, of 26, 29 these rules do not expatiate on approval of limits of rates (the prices, rates of charges).

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