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The document ceased to be valid since  March 13, 2017 according to Item 1 of the Order of the Minister of national economy of the Republic of Kazakhstan of February 24, 2017 No. 78

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

of November 30, 2015 No. 740

About approval of Rules of inclusion and exception of subjects of the market of the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets

According to the subitem 9) article 88 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Rules of inclusion and exception of subjects of the market of the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets.

2. Recognize invalid:

1) the order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 262 "About approval of Rules of inclusion and exception of subjects of the market of the State register of the subjects of the market holding the dominating or monopoly position" (it is registered in the Register of state registration of regulatory legal acts for No. 10816, it is published in information system of law of Ad_let on May 12, 2015);

2) the order of the Minister of national economy of the Republic of Kazakhstan of July 21, 2015 No. 552 "About modification of the order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 262 "About approval of Rules of inclusion and exception of subjects of the market of the state register of the subjects of the market holding the dominating or monopoly position" (it is registered in the Register of state registration of regulatory legal acts for No. 11908, it is published in information system of law of Ad_let on September 29, 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:

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 since January 1, 2016 and is subject to official publication.

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 740

Rules of inclusion and exception of subjects of the market of the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets

1. These rules are developed according to the subitem 9) of article 88 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and determine procedure for inclusion and exception of subjects of the market of the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets (further - Rules) the determined legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

2. Forming and maintaining the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets (further - the Register) performs department of state body, performing management in the field of protection of the competition and restriction of monopolistic activities, control and regulation of the activities referred to the sphere of the state monopoly (further - department of antimonopoly authority).

The state register of the subjects of the market holding the dominating or monopoly position in the controlled markets is kept in form according to appendix to these rules.

3. The approved Register, and also entering of changes into it are published on official Internet resource of department of antimonopoly authority.

4. Forming and maintaining the Register are performed by inclusion in it, exception of it, and also modification of the information about the subject of the market containing in the Register.

5. Forming of the Register is performed based on analysis results of the goods markets, the antimonopoly authority which is carried out by department according to the Methods of carrying out the analysis and assessment of condition of competitive environment in the goods market approved according to the subitem 15) of article 88 of the Code.

By results of the carried-out analysis and assessment of condition of competitive environment in the goods market department of antimonopoly authority within seven working days issues the order according to the decision of the head of department of antimonopoly authority, in case of its absence - person fulfilling its duties:

about inclusion (exception) of the Register;

about modification and (or) amendments in the Register.

In case of change of the name of service on which the subject of the market consists in the Register at the same time engineering procedure of rendering service did not undergo to change, modification of the Register is brought without carrying out the new (additional) analysis.

6. Department of antimonopoly authority within ten working days from the moment of decision making about inclusion of the subject of the market or modification and (or) amendment in the Register sends it the statement from the Register, in case of exception of the subject of the market of the Register in the same time in writing notifies him on exception of the Register.

7. Department of antimonopoly authority in case of inclusion in the Register of the subject of the market performing activities in the spheres carried according to article 7-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" to regulated within ten working days from the date of entering of corresponding changes into the Register sends the statement from the Register to regulating authorities.

In case of exception of the subject of the controlled market of the Register department of antimonopoly authority in the same time in writing notifies regulating authorities.

8. The group of persons joins in the Register as single subject of the market with indication of all physical and (or) legal entities entering group of persons, performing activities in the corresponding goods market.

Inclusion in the Register of the subjects of the market constituting group of persons does not depend on their total quantity and specific share of each of them.

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