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

of November 30, 2015 No. 746

About approval of the Provision and regulations of conciliation commission

According to article 224 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations on conciliation commission, according to appendix 1 to this order;

2) Regulations of conciliation commission, according to appendix 2 to this order.

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:

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 its direction for publication in periodic printing editions and information system of law of Ad_let, and also in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official 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 since January 1, 2016 and is subject to official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 746

Regulations on conciliation commission

1. General provisions

1. The conciliation commission (further - the Commission) departments of antimonopoly authority (further - department) is created for the purpose of consideration of drafts of the conclusions by results of investigations of antitrust violations of the Republic of Kazakhstan of October 29, 2015 regarding their completeness and quality of the proofs of the facts of violation of the law of the Republic of Kazakhstan provided in it in the field of protection of the competition to the invitation to meeting of persons who are involved in investigation.

2. The commission is advisory advisory body under department.

3. The commission in the activities is guided by the Constitution, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, this Provision, and also other regulatory legal acts of the Republic of Kazakhstan.

2. Functions of the Commission

4. Functions of the Commission:

1) consideration of drafts of the conclusions following the results of investigations of violations of the law of the Republic of Kazakhstan in the field of protection of the competition regarding their completeness and quality of the proofs of the facts of violations provided in it;

2) introduction of notes and recommendations about results of consideration of the draft of the conclusion following the results of investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition and the direction to the official (officials) making (making) investigation for work;

3) consideration of the motivated conclusion of the official (officials) making (making) investigation;

4) introduction of notes and recommendations to the official (officials) making (making) investigation by results of consideration of the motivated conclusion.

3. Rights of the Commission

5. The commission within the competence has the right:

1)  No. 149 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 11.04.2017;

To attract 2) on a grant basis experts, specialists of the corresponding profile from state bodies, public associations, associations (unions) according to questions of competence of the Commission;

3) to perform other rights necessary for implementation of the functions assigned to the Commission.

4. Activities of the Commission

6. The commission is headed by the head of department of antimonopoly authority.

7. During absence of the head of department of antimonopoly authority, its functions are performed by person fulfilling its duties.

8. Commission sessions are considered competent if at them there is at least a half from total number of members of the commission.

9. The structure of the Commission is created according to each address of object of investigation by the decision of the head of department of antimonopoly authority.

10. The number of members of the commission shall not exceed seven people.

11. The secretary of the Commission is not member of the commission.

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 746

Regulations of conciliation commission

1. The conciliation commission (further - the Commission) performs the activities according to the Entrepreneurial code of the Republic of Kazakhstan of October 25, 2015 and regulations on conciliation commission and these Regulations.

2. The commission chairman from the date of receipt of the appeal of object of investigation to department of antimonopoly authority (further - department) fixes time of meeting of the Commissions.

3. Addresses of object of investigation which are submitted to department in time less than in twenty calendar days prior to day of completion of investigation are not considered by the commission.

4. Working body of the Commission is the structural division of department of antimonopoly authority (further - working body).

5. The reference of working body, the copy of the address of object of investigation, the draft of the conclusion following the results of investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition are led up to members of the commission not later than two working days before commission session setting a date.

6. Commission session is considered open after the opening speech of the head of department of antimonopoly authority.

7. Commission session is considered taken place in the presence of at least a half from total number of members of the commission.

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