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THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of March 4, 2005 No. 71-OD

About approval of Rules of representation and consideration of petitions on transactions by the subject of natural monopoly

(as amended on 09-12-2011)

According to article 18-1 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets", the subitem 6) of Item 21 of the Regulations on the Agency of the Republic of Kazakhstan on regulation of natural monopolies approved by the order of the Government of the Republic of Kazakhstan of October 12, 2007 No. 943, I ORDER:

1. Approve the enclosed Rules of representation and consideration of petitions on transactions by the subject of natural monopoly.

2. Declare invalid the order of the Acting Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against May 5, 2003 No. 125-OD "About approval of the Instruction in coordination with authorized body of alienation and making of other transactions with property of subjects of natural monopoly" (it is registered No. 24 is published in the Register of state registration of regulatory legal acts for No. 2324, "Official newspaper" of June 14, 2003 (129)).

3. To legal department of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Dzholdybayeva G. T.) provide in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

4. To department of administrative work and analysis of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Dosmagambet E. M.) after state registration of this order:

To provide 1) in the procedure established by the legislation its publication in official mass media;

2) to bring it to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies.

5. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies Orumbayev A. S.

6. This order becomes effective from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.

 

Chairman B. A. Sagintayev

Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of March 4, 2005 No. 71-OD

Rules of representation and consideration of petitions on transactions by the subject of natural monopoly

1. General provisions

1. These rules of representation and consideration of petitions on transactions by the subject of natural monopoly (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets".

2. The purpose of these rules is determination of the list of documents, information (data) represented to authorized body by subjects of natural monopolies for transactions, procedure and terms of consideration of petitions, procedure for submission of petitions for receipt of consent of authorized body to property acquisition of the subject of natural monopoly, on making of other transactions with property of the subject of natural monopolies, acquisitions by the subject of natural monopoly not for own consumption of goods (works, services) transported or transferred to them, transactions on acquisition by the subject of natural monopoly of shares (shares), and also other forms of its participation in the commercial organizations performing the activities permitted for it and hiring by the subject of natural monopoly of the property used for provision of regulated services (goods, works).

3. Action of these rules extends to subjects of natural monopolies (further - the Subject).

4. The concepts and terms applied in these rules:

1) property of the Subject, transactions with which provide approval (further - property of the Subject), - the real and personal estate which is in property of the Subject, except for money, including foreign currency;

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

3) property acquisition of the Subject - transfer by the Subject to property to other person (persons) of the rights on ownership, use and the order of property;

4) transactions with property of the Subject - the actions directed to establishment, change or the termination of the rights and obligations to property of the Subject, except for transactions with the property which is strategic object according to Article 193-1 of the Civil code of the Republic of Kazakhstan;

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

6) the petition - the written application of the Subject about receipt of consent to transaction.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

5. The authorized body agrees to implementation of the following transactions:

1) property acquisition of the Subject if the book value of alienable property considered in the balance sheet for the beginning of the current year exceeds 0,05 of percent from book value of its assets according to the balance sheet for the beginning of the current year;

2) making of other transactions with property of the Subject if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds 0,05 of percent from book value of its assets according to the balance sheet for the beginning of the current year;

3) acquisition by the Subject not for the own consumption of oil, oil products, gas, gas condensate transported by it, or transferred to electrical and heat energy;

4) hiring by the Subject of the property used for provision of regulated services (goods, works) which book value considered in the balance sheet exceeds 0,05 of percent from book value of its assets according to the balance sheet for the beginning of the current year;

5) acquisition by the Subject of shares (shares), and also other forms of its participation in the commercial organizations performing the activities permitted for it.

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