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The document ceased to be valid since February 2, 2014 according to Item 2 of the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 19, 2013 No. 216-OD

It is registered

in the Register of state registration

regulatory legal acts

On March 28, 2005 at No. 3516

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

of March 4, 2005 No. 70-OD

About approval of Rules of representation and consideration of petitions for consent on implementation by subjects of natural monopolies of other activities

(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 for consent on implementation by subjects of natural monopolies of other activities.

2. Declare invalid the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition "About approval of the Instruction in coordination with authorized body of implementation by the subject of natural monopoly of other activities which are technology connected with the main activities and (or) carried to the sphere of natural monopoly, and also implementation of the activities established by the legislation of the Republic of Kazakhstan on mail" of May 4, 2003 No. 121-OD (it is registered No. 24 is published in the Register of state registration of regulatory legal acts for No. 2325, in "Official newspaper" on 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 monopoly (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. 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. 70-OD

Rules of representation and consideration of petitions for consent on implementation by subjects of natural monopoly of other activities

1. General provisions

1. These rules of representation and consideration of petitions for consent on implementation by subjects of natural monopolies of other activities (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 and information, procedure for their representation and consideration in case of approval of authorized body of implementation by the subject of natural monopoly (further - the Subject) other activities.

3. The authorized body agrees to implementation by the Subject of other activities:

technology connected with regulated services (goods, works);

the Republic of Kazakhstan established by the legislation on mail;

in case the income from rendering regulated services (goods, works) relating to the sphere of natural monopoly does not exceed one percent of the income from all activities of the subject of the market in one calendar year;

in case the income from other activities does not exceed five percent from all activities of the subject of natural monopoly in one calendar year;

in case of impossibility of organizational and territorial isolation of the structural division rendering services (goods, works) in the field of natural monopoly.

4. Action of these rules extends to Subjects.

5. The concepts and terms applied in these rules:

1) geographical boundaries - the territory within which the Subject provides services (makes goods, works);

2) other activities which are technology connected with regulated services (goods, works) of the subject natural monopoliideyatelnost without which implementation by the subject of natural monopoly of regulated services technically is impossible (goods, works), or being component of engineering procedure of activities of the Subject;

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

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

5) the petition - the written application of the Subject about consent on implementation of other activities.

2. Procedure for submission of petitions on implementation by the Subject of other activities

6. For receipt of consent to implementation of other activities the Subject with the petition submits the following documents and information (data) to authorized body:

1) the reference - reasons to the petition in which the reasons of implementation of this type of activity shall be specified;

2) the analysis of financial and economic activities of the Subject for previous year, including the balance sheet with the explanatory note to it, the income and expenditure statement, the report on movement of money, the copy of the audit report, data on financial condition of the Subject for the current year, including data on the income and the Subject's expenses by on types of activity, data on the predicted income and expenses from the planned other activities and results of financial and economic activities of the Subject (if other activities will be performed for the first time);

3) calculation of the income of the Subject from the rendered services (the made goods), including from other activities, by types of the rendered services (the made goods) for previous and current calendar years;

4) about availability of fixed assets for implementation of other activities specified in the petition;

5) conclusion of competent authority about effects of implementation of other activities;

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