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

of November 23, 2016 No. 484

About approval of Rules according to the temporary compensating rate

According to the subitem 5) Item 1 of article 14-1 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" PRIKAZYVAYU:

1. Approve the enclosed Rules according to the temporary compensating rates.

2. Recognize invalid:

1) the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 16, 2013 No. 115-OD "About approval of Rules according to the temporary compensating rate" (registered in the Register of state registration of regulatory legal acts for No. 8472);

2) the subitem 5) the list of some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies to which changes and additions are made, the acting minister of national economy of the Republic of Kazakhstan approved by the order of July 24, 2015 No. 566 "About approval of Rules of placement of the performance report of the tariff estimate on regulated services of subjects of natural monopolies, Rules of the consumer notification about course of execution by the subject of natural monopoly of the tariff estimate on regulated services and about modification and amendments in some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts for No. 11972, published in the Information system of law of Ad_let on September 25, 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 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 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 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.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 23, 2016 No. 484

Rules according to the temporary compensating rate

Chapter 1. General provisions

1. These rules of approval of the temporary compensating rate (further – Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further – the Law).

2. The purpose of these rules is determination of approval procedure and calculation of the size of the temporary compensating rate for regulated services (goods, works) rendered by the subject of natural monopoly.

3. Provision of these rules extend to all subjects of natural monopoly, irrespective of patterns of ownership.

4. In Rules the following concepts are used:

1) competent authority – the state body performing management of the corresponding industry (sphere) of public administration;

2) the unreasonable income – the additional income gained by the subject of natural monopoly as a result of collection of payment at the cost exceeding the level of the authorized body of rate approved by department (the prices, rates of charge) or its limit and (or) inappropriate use of means of the depreciation charges provided by the tariff estimate, non-executions of cost items of the tariff estimate more than for five percent from the sizes approved by department of authorized body, non-execution or inappropriate use of the means provided in the tariff estimate on accomplishment of investing programs (projects), except for creations of the reserve account for the purpose of accumulation of the means intended for realization of the approved investing programs (projects), including for servicing of the obtained loans and their return.

3) authorized body – the state body performing management in spheres of natural monopolies or the state bodies exercising regulation and control in areas:

provisions in property hiring (lease) or use of the cable sewerage;

services of air navigation and airports;

4) department of authorized body – department of the state body performing management in spheres of natural monopolies or department of state bodies, the exercising regulation and control in areas:

provisions in property hiring (lease) or use of the cable sewerage;

services of air navigation and airports.

Other concepts and terms used in Rules are applied according to the legislation on natural monopolies.

5. The basis for approval of the temporary compensating rate is making by the subject of natural monopoly of the actions which caused losses to consumers of regulated services (goods, works).

6. The actions of the subject of natural monopoly which caused losses to consumers are recognized:

1) illegal overestimate of rate (price, rate of charge) or its limit;

2) inappropriate use of means of the depreciation charges (further – it is not whole);

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