ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2015 No. 743

About approval of Rules of forming and approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of the natural monopolies performing the activities for the agreement of public-private partnership, including for the agreement of concession

According to Item 2-1 of article 15-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" PRIKAZYVAYU:

1. Approve the enclosed Rules of forming and approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of the natural monopolies performing the activities for the agreement of public-private partnership, including for the agreement of concession.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of December 29, 2014 No. 177 "About approval of Rules of forming and approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of the natural monopolies performing the activities for agreements of concession" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 10561, published in information system of law of Ad_let on April 13, 2015).

3. 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.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015, No. 743

Rules of forming and approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of the natural monopolies performing the activities for the agreement of public-private partnership, including for the agreement of concession

1. General provisions

1. These rules of forming and approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of the natural monopolies performing the activities for the agreement of public-private partnership, including the agreement of concession (further - Rules), are developed according to Item 2-1 of article 15-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (further - the Law), the Laws of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" and of July 7, 2006 "About concessions", for the purpose of determination of procedure for forming and approval of rates (the prices, rates of charges) on regulated services (goods, works), and also ensuring return of the invested capital of subjects of the natural monopolies performing the activities within the project of public-private partnership for the agreement of public-private partnership including under the agreement of concession (further - the subject of public-private partnership, including the subject of concession).

2. In Rules the following concepts are used:

1) the invested capital - the amount of own means and the loan capital of the subject of public-private partnership, including the subject of concession for creation or reconstruction of object of public-private partnership, including subject to concession;

2) regulated services (goods, works) of the subject of public-private partnership, including the subject of concession - the services (goods, works) provided by the subject of public-private partnership, including the subject of concession in the sphere of natural monopoly and which are subject to state regulation of authorized body by department including cases of provision of services (goods, works) in the form of transfer of certain goods to the consumer;

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