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

of July 24, 2015 No. 566

About approval of Rules of placement of the performance report of the tariff estimate on regulated services of subjects of natural monopolies, Rules of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services and about modification and amendments in some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies

(as amended on 01-02-2017)

I ORDER:

1. Approve:

1) Rules of placement of the performance report of the tariff estimate on regulated services (goods, works) of subjects of natural monopolies, according to appendix 1 to this order;

2) Rules of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services (goods, works), according to appendix 2 to this order;

3) the list of some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies to which changes and additions according to appendix 3 to this order are made.

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 it the copy 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 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.

Acting minister of national economy of the Republic of Kazakhstan

T. Zhaksylykov

Appendix 1

to the Order of the acting minister of national economy of the Republic of Kazakhstan of July 24, 2015 No. 566

Rules of placement of the performance report of the tariff estimate on regulated services (goods, works) of subjects of natural monopolies

1. General provisions

1. These rules of placement of the performance report of the tariff estimate 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".

2. Rules determine procedure for placement of the performance report of the tariff estimate on regulated services (goods, works) of the subject of natural monopoly on Internet resource of the subject of natural monopoly or on Internet resource of department of authorized body.

3. In these rules the following main terms and concepts are used.

1) the subject of natural monopoly - the individual entrepreneur or the legal entity occupied with production of goods, performance of works and (or) the consumer service delivery in the conditions of natural monopoly;

2) the tariff estimate - the indicators approved by authorized body by regulated services (goods, works) about income and expense items, about amounts of the rendered regulated services (goods, works) and other economic indicators of activities of the subject of natural monopoly in the form approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 19, 2013 No. 215-OD registered in the Register of state registration of regulatory legal acts for No. 8642;

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

4) 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.

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.

2. Procedure for placement of the performance report of the tariff estimate on regulated services (goods, works) of subjects of natural monopolies

4. The subject of natural monopoly, till May 1 of the current year, submits in department of authorized body the performance report of the approved tariff estimate for the previous calendar year by each type of regulated services (goods, works) in form, according to appendix 1 to the 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 No. 213-OD) 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 registered in the Register of state registration of regulatory legal acts for No. 8625 and to appendix to 2 Rules of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies the approved order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 19, 2013 No. 215-OD (further - Rules No. 215-OD) registered in the Register of state registration of regulatory legal acts for No. 8642 and at the same time places it on the Internet resource, or sends the appeal to department of authorized body about need of placement of the performance report of the tariff estimate on Internet resource of department of authorized body.

5. The subject applies the following materials for the previous calendar year to the performance report of the tariff estimate:

1) the explanatory note about execution of the tariff estimate with explanation of the reasons of its non-execution with appendix of the table specified in appendix 1 to Rules No. 213-OD and in appendix 2 to Rules No. 215-OD;

2) balance sheet;

3) profit and loss statement;

4) disaggregation of receivables and payables;

5) statement of changes in equity;

6) data on realization of the cost budgets directed to the current, capital repairs and other rescue and recovery operations;

7) copies of decisions of the tender (tender) committees on purchases of goods (works, services);

8) paper and electronic information on the provided decreasing coefficients to rates (the prices, rates of charges);

9) other materials confirming actual costs within competence of authorized body.

6. The materials attached to the performance report of the tariff estimate are stitched, numbered and certified by seal and the signature of the head of the subject of natural monopoly, or person replacing it, or the deputy manager of the subject of natural monopoly whose competence questions of financial accounting and finance enter. Financial records are signed by the head and the chief accountant of the subject of natural monopoly or persons replacing them and certified by seal the subject of natural monopoly.

7. Department of authorized body according to statements, claims of consumers, materials of mass media, appeals of state bodies and on own initiative, having revealed violations of the law about natural monopolies and the controlled markets, regarding non-execution of the approved tariff estimate, and equally in non-presentation of the project and (or) the performance report of the tariff estimate considers the possibility of acceptance of one of the following actions:

1) initiation of changes of the existing tariff estimate;

2) application to the subject of natural monopoly of response measures according to the current legislation of the Republic of Kazakhstan;

3) establishment of the temporary compensating rate.

8. Information on execution of the tariff estimate is placed the subject of natural monopoly:

on the Internet resource - within 5 (five) calendar days from the moment of the direction of the performance report of the tariff estimate to department of authorized body. In this case the subject of natural monopoly directs the adequate notice to department of authorized body about placement of such information within 10 (ten) calendar days from the moment of its placement, or on Internet resource of department of authorized body. In this case the subject of natural monopoly, along with the performance report of the tariff estimate, directs the notification to department of authorized body on need of placement of the performance report of the tariff estimate on Internet resource of department of authorized body.

Department of authorized body places the performance report of the tariff estimate submitted by the subject of natural monopoly on the Internet resource within 10 (ten) calendar days from the moment of receipt of the performance report of the tariff estimate in department of authorized body.

Appendix 2

to the Order of the acting minister of national economy of the Republic of Kazakhstan of July 24, 2015 No. 566

Rules of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services (goods, works)

1. General provisions

1. These rules of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services (goods, works) (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets".

2. Rules determine procedure for placement of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services (goods, works) through Internet resource of the subject of natural monopoly or Internet resource of authorized body.

3. In these rules the following main terms and concepts are used:

1) the subject of natural monopoly - the individual entrepreneur or the legal entity occupied with production of goods, performance of works and (or) the consumer service delivery in the conditions of natural monopoly;

2) the tariff estimate - the indicators approved by authorized body by regulated services (goods, works) about income and expense items, about amounts of the rendered regulated services (goods, works) and other economic indicators of activities of the subject of natural monopoly in the form approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 19, 2013 No. 215-OD registered in the Register of state registration of regulatory legal acts for No. 8642;

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

4) 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.

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.

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