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

of June 16, 2016 No. 262

About approval of Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market"

(as amended on 08-09-2022)

According to the subitem 9) Item 3 of Article 116 and article 119 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market.

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) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan and on the Internet portal of state bodies;

4) within ten working days after state registration of this order submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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 from the date of its first official publication.

Minister of national economy of the Republic of Kazakhstan 

K. Bishimbayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of June 16, 2016 No. 262

Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market

Chapter 1. General provisions

1. These rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market (further – Rules) are developed according to the subitem 9) of Item 3 of Article 116 and article 119 of the Entrepreneurial code of the Republic of Kazakhstan and determine procedure for introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market.

2. Temporary state price regulation is entered in the goods markets which are not in condition of natural monopoly in case of protection of national interests of the Republic of Kazakhstan, including emergency situation, natural disaster, ensuring national security provided that the arisen problems cannot be solved by the method having smaller negative effects for competitive situation.

3. No. 18 is excluded according to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of 08.09.2022

4. Temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market is entered by the decision of antimonopoly authority based on orders of the President of the Republic of Kazakhstan or the Prime Minister of the Republic of Kazakhstan, and also on own initiative antimonopoly authority based on addresses of physical and (or) legal entities.

5. The compulsory provision of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market is publication of the relevant decision of antimonopoly authority in mass media.

6. The decision of antimonopoly authority on introduction of temporary state price regulation becomes effective:

1) in the separate goods markets from the date of its official publication if other term is not provided in the decision of antimonopoly authority;

2) on goods, works, services of certain subjects of the market from the date of its official publication.

7. The current of term of temporary state price regulation begins on:

1) the separate goods markets - in day of official publication of the decision of antimonopoly authority if other term is not provided in the decision of antimonopoly authority;

2) goods, works, services of certain subjects of the market – in day of decision making by antimonopoly authority about price marginal establishment.

8. The term of temporary state price regulation is estimated in calendar days.

9. Before introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market in action or during action of temporary state price regulation, the antimonopoly authority cancels earlier made decision on introduction based on the order of the President of the Republic of Kazakhstan or the Prime Minister of the Republic of Kazakhstan, and also on own initiative antimonopoly authority based on addresses of physical and (or) legal entities.

Chapter 2. Introduction of temporary state price regulation in the separate goods markets

10. In the separate goods markets are established by the decision of antimonopoly authority on introduction of temporary state price regulation:

1) goods market (description of goods, geographical boundaries of the goods market);

Marginal 2) price of the goods, works, services made (sold) by subjects of the market in certain goods market;

3) effective period of temporary state price regulation.

11. Marginal price of the goods, works, services made (sold) by subjects of the market in certain goods market is determined by antimonopoly authority:

1) on the basis of official statistical information of authorized body in the field of the state statistics about goods prices, works, services of the corresponding goods market;

2) in the absence of official statistical information of authorized body in the field of the state statistics - by results of information request about goods prices, works, the service and (or) subject structure of the corresponding goods market received from the representative(s) of state bodies, local executive bodies, subjects of the market, their associations, and the analysis of the specified information.

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