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

of July 26, 2016 No. 332

About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market

(as amended on 05-11-2018)

According to articles 141 and 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYU:

1. Approve:

1) criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market, according to appendix 1 to this order.

2) checking leaf in spheres of natural monopolies, according to appendix 2 to this order.

3) checking leaf behind observance of procedure for pricing and obligations of the subject of the socially significant market, according to appendix 3 to this order.

2. Recognize invalid:

1) the order of the Minister of national economy of the Republic of Kazakhstan of June 27, 2015 No. 462 "About approval of criteria for evaluation of risk degree in spheres of natural monopolies and the controlled markets" (registered in the Register of state registration of regulatory legal acts for No. 11768, published in information system of law of Ad_let of August 5, 2015);

2) the order of the Minister of national economy of the Republic of Kazakhstan of June 27, 2015 No. 463 "About approval of forms of checking sheets in spheres of natural monopolies and the controlled markets" (registered in the Register of state registration of regulatory legal acts for No. 11782, published in information system of law of Ad_let of August 5, 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) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and 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 intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan 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.

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.

Minister of national economy of the Republic of Kazakhstan

K. Bishimbayev

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 July "26", 2016

 

_____________________ S. Aytpayeva

 

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332

Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market (further - Criteria) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code), the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further - the Law) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371).

2. In these Criteria the following concepts are used:

1) the subject of control - individual entrepreneurs and legal entities, including the branches and representations of legal entities which are subjects of natural monopoly and (or) the socially significant markets;

2) insignificant violations - inadequate placement, bringing to data and the consumer notification and provision by subjects of natural monopolies and the socially significant markets of information, report, notifications, except for the directions of the prior notice according to article 18-1 of the Law which belongs to considerable violations, the data, non-compliance with standards of rendering services and not carrying out annual audit;

3) considerable violations - non-execution or improper execution by subjects of natural monopolies and the socially significant markets of the obligations and restrictions regulated by the legislation of the Republic of Kazakhstan on natural monopolies, except for the obligations and restrictions providing receipt of the unreasonable income (revenue); provision not of equal conditions to consumers of regulated services (goods, works); availability of one confirmed claim or address on non-compliance with requirements of the legislation of the Republic of Kazakhstan on natural monopolies and the socially significant markets;

4) gross violations - the unreasonable income (revenue) gained by subjects of natural monopolies and the socially significant markets as a result of violation of the law of the Republic of Kazakhstan; not observance by subjects of the requirement about provision of equal conditions to consumers of regulated services (goods, works); availability of two or more confirmed claims or addresses on non-compliance with requirements of the legislation of the Republic of Kazakhstan on natural monopolies and the socially significant markets;

5) risk in the sphere of provision of services (goods, works) referred to natural monopolies and the socially significant markets - probability of damnification to legitimate interests of physical persons and legal entities;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control;

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