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

of February 1, 2017 No. 36

About approval of Rules of pricing in the socially significant markets

According to the subitem 3) article 124-6 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve Rules of pricing in the socially significant markets according to appendix 1 to this order.

2. Recognize invalid some orders of the authorized body performing management in spheres of natural monopolies according to appendix 2 to this order.

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 in printing and electronic type on official publication in periodic printing editions, and also in the Republican center of legal information for entering into 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;

4) within ten working days after state registration in the Ministry of Justice of the Republic of Kazakhstan 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 Item 3 of this order.

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 from the date of its first official publication.

It is approved Minister of investments and development of the Republic of Kazakhstan "___" ___________ 2017

________________ Zh. Kasymbek

It is approved Minister of Energy of the Republic of Kazakhstan "___" _________ 2017

_____________ K. Bozumbayev

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of February 1, 2017 No. 36

Rules of pricing in the socially significant markets

Chapter 1. General provisions

1. These rules of pricing in the socially significant markets (further – Rules) are developed according to the subitem 3) of article 124-6 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for pricing in the socially significant markets.

2. In these rules the following basic concepts are used:

1) inappropriate use of means of the depreciation charges – the direction of the means provided in ceiling price due to the depreciation charges for the purposes which are not connected with realization of investing programs (projects) and (or) carrying out the capital repair work leading to value addition of fixed assets and (or) acquisition of fixed assets and (or) intangible assets and (or) return of principal debt on the raised borrowed funds for investment realization;

2) territorial subdivisions – the territorial subdivisions of department of authorized body exercising within the competence regulation and control of activities of subjects of the natural monopolies included in the local Section of the state register of subjects of natural monopolies, price regulations and the state control of observance of procedure for pricing of obligations of the subject socially significant the market;

3) pricing – process of forming and consideration of goods prices (work, service);

4) authorized body in the field of gas supply – the central executive body performing state regulation of production, transportation (transportation), storage and wholesale of gas, and also retail sale and consumption of the commodity and liquefied oil gas;

5) public hearings – the procedure of discussion of the project of goods price (work, service) the subject of the socially significant market, with the invitation of deputies of Parliament of the Republic of Kazakhstan, maslikhats, representatives of state bodies, local government bodies, mass media, public associations, independent experts, consumers and other interested persons;

6) investing program (project) – the program directed to creation of new assets, expansion, updating, reconstruction and modernization of the existing assets;

7) the socially significant markets – goods (works, services) subjects of entrepreneurship on which the state regulates the prices and rates according to the subitem 14) of Item 3 of article 116 of the Code;

8) the subject of the socially significant market (further – the Subject) – the physical person or legal entity making (implementing) goods (works, services) in the socially significant markets;

9) reasonable price – the price determined based on reasonable costs and profit of the subject of the socially significant market according to the documents submitted by the subject of the market confirming justification of such costs and profit and also based on the expertize of the price which is carried out by department of authorized body;

10) cost – set of the costs considered by department of authorized body in marginal price of goods (work, service);

11) authorized body – the state body performing management in the respective spheres of natural monopolies;

12) department of authorized body – department of the state body performing management in the field of the socially significant markets and also the department of state body in the field of civil aviation performing state regulation of the prices and the state control of observance of procedure for pricing and obligations of the subject of the socially significant market;

Marginal 13) price – the goods price (works, services) established by the Subject based on the costs and profit necessary for its production and (or) realization according to these rules, and approved by department of authorized body or its territorial subdivision. Marginal price is also the price to which till January 1, 2017 state regulation of the prices was applied;

14) the single purchaser of electrical energy – the legal entity about hundred percentage state participation determined by authorized body, performing centralized purchase and centralized sale of planned amounts of electrical energy according to the procedure, provided by the Law of the Republic of Kazakhstan "About power industry";

15) sources of electrical energy – the single purchaser of electrical energy and (or) the power making organizations and (or) renewable sources and net - consumers of electrical energy.

Chapter 2. Information electronic submission for conducting examination of the price and information on the forthcoming increase in prices for goods (works, services) is higher than marginal price and the reasons of their increase

3. Information necessary for conducting examination of the price is provided by the Subject in department of authorized body or its territorial subdivision electronically in terms which cannot be less than five working days from the date of receipt of the relevant requirement by the subject of the socially significant market.

Information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with representation of the proving materials confirming the increase reasons is provided by the Subject in department of authorized body or its territorial subdivision in form, according to appendix 1 to these rules electronically at least in thirty calendar days.

For the purpose of the state control of observance of procedure for pricing and obligations of the subject of the socially significant market, and also in the cases provided by the subitem 1) of article 124-8 of the Code, department of authorized body or its territorial subdivision performs monitoring of the prices of Subjects.

By results of carrying out monitoring of the prices, and also in cases of failure to carry out by the Subject of the obligations established by subitems 3) and 4) of article 124-8 of the Code, department of authorized body or its territorial subdivision carries out expertize of the price according to these rules.

In case of rendering services by the Subject in the territory of two and more areas, the cities of republican value and the capital, and also rendering services of the airports on internal flights to the territories of the cities of republican value and the capital, information for conducting examination of the price or information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase is provided in department of authorized body.

In case of rendering services by the Subject in the territory of one area or the city of republican value, or the capital information for conducting examination of the price or information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase is provided in the relevant territorial subdivision in place of registration of the Subject.

4. The subject provides in department of authorized body or its territorial subdivision information for conducting examination of the price or information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with appendix to it of the proving materials confirming the reasons of marginal increase in price including:

1) the balance sheet in the form approved by the order of the Minister of Finance of the Republic of Kazakhstan on June 28, 2017 No. 404 "About approval of the list and forms of the annual financial reporting for the publication by the organizations of public interest (except financial institutions)" (it is registered in the Register of state registration of regulatory legal acts for No. 15384) (further - the Order No. 404);

2) the profit and loss statement in the form approved by the Order No. 404;

3) the report on work (index 1-T, frequency annual, quarter) in statistical form, according to appendices 1 and 3 to the order of the chairman of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan of September 7, 2020 No. 34 "About approval of statistical forms of nation-wide statistical observations according to the statistics work and employment and instructions for their filling" (it is registered in the Register of state registration of regulatory legal acts No. 21183);

4) the report on financial and economic activities of the company (code 271112130, index 1-PF, frequency annual) in form, according to appendix 1 to the order of the Chairman of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan of February 4, 2020 No. 14 "About approval of statistical forms of nation-wide statistical observations on structural statistics and instructions for their filling" (it is registered in the Register of state registration of regulatory legal acts for No. 20008);

5) the cash flow statement in form, according to appendix 3 and 4 to the Order No. 404;

6) the aggregated data about the income and expenses applied to calculation of the price with disaggregations according to cost items in general, on the company and separately by each type;

7) data on the applied wages system;

8) data on the applied consumption rates of raw materials and materials, the normative number of workers;

9) accounting policy (in the presence);

10) investing programs (projects) (in the presence);

11) annual cost budget, directed to the current and capital repairs and other rescue and recovery operations which are not leading to growth of cost of fixed assets;

12) annual cost budget, the capital repair work directed to carrying out leading to value addition of fixed assets (in the presence);

13) calculation of the depreciation charges, with indication of useful lives of fixed assets;

14) the documents confirming the planned and (or) actual sales amounts of goods (works, services) - protocols of intentions, agreements, calculations of production volumes (delivery), data on design capacity and its actual use, and also in case of decrease in production volumes (delivery) by Subjects reasons are provided;

15) ceiling structure of price for electrical energy (for the subject in the field of power industry) in form, according to appendix 2 to these rules;

16) the explanatory note with reasons for feasibility of increase in prices for goods (works, services) above marginal price (the copy of the signed agreements confirming value increase of raw materials, materials, services);

17) the project of the planned marginal price on each type of activity;

18) on expenses on ensuring readiness of electric power for execution of loading as the proving materials the planned costs proved by protocols intentions and (or) calculations of the Subject in the field of retail sale of electrical energy are provided;

19) actual data about costs in four quarters preceding provision of information for conducting examination of the price or submission of information on the forthcoming increase in prices for goods (works, services) above marginal price and for the previous calendar year.

In case of implementation of activities by the Subject less than one year, data for the actual period of implementation of activities are provided.

5. The subject provides at the request of department of authorized body or its territorial subdivision information for conducting examination of the price according to the subitem 10) of article 124-6 of the Code. Information and documents are submitted within terms which cannot be less than five working days from the date of receipt of the relevant requirement by the subject of the socially significant market.

In case of the termination of subsidizing of expenses on service of locomotive draft in passenger movements for the income account from regulated services of locomotive draft in cargo movement, the Subject at the request of department of authorized body provides the documents and the information provided in item 4 of Rules for conducting marginal examination of price.

6. Department of authorized body or its territorial subdivision carries out expertize of the price based on provided information or considers information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with appendix to it of the proving materials confirming the reasons of marginal increase in price within thirty calendar days from the date of their obtaining.

In case of request department of authorized body or its territorial subdivision of additional materials, terms of conducting examination of the price or consideration of information on the forthcoming increase in prices for goods (works, services) above marginal price stop before provision by the Subject of the corresponding materials. At the same time, date of marginal input of price is transferred to term taking into account the number of the days suspended before provision by the Subject of the relevant information.

7. Ceiling forming of price for goods (work, service) the Subject following the results of conducting examination or consideration of information on the forthcoming increase in prices for goods (works, services) is higher than marginal price and the reasons of their increase is made according to Chapter 3 of these rules.

8. According to the subitem 6) of article 124-6 of the Code department of authorized body or its territorial subdivision carries out public hearings.

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