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

of February 27, 2017 No. 86

About approval of Rules of action of conciliation commission and its structure

According to Item 8 of article 194 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of action of conciliation commission and its structure.

2. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation to provide:

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 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;

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.

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 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 February 27, 2017 No. 86

Rules of action of conciliation commission and its structure

Chapter 1. General provisions

1. These rules of action of conciliation commission (further – Conciliation commission) and its structure (further – Rules) are developed according to Item 8 of article 194 of the Entrepreneurial code of the Republic of Kazakhstan and determine mode of operation of conciliation commission on consideration of the draft of the conclusion by results of investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition concerning National Bank of the Republic of Kazakhstan and its structure.

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

1) Conciliation commission - the commission which is created for the purpose of consideration of drafts of the conclusions by results of investigations of violations of the law of the Republic of Kazakhstan in the field of protection of the competition concerning National Bank of the Republic of Kazakhstan regarding their completeness and quality of the proofs of the facts of violation of the law of the Republic of Kazakhstan provided in them in the field of protection of the competition to the invitation to meeting of persons who are involved in investigation;

2) working body – structural division of antimonopoly authority.

3. The conciliation commission is advisory advisory body.

Chapter 2. Mode of operation of Conciliation commission

4. Conciliation commission within the competence:

1) considers 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 concerning National Bank of the Republic of Kazakhstan no more than five calendar days from the date of introduction regarding their completeness and quality of the proofs of the facts of violation provided in them in time;

Brings 2) to the official (officials) making (making) investigation, the notes and recommendations about results of consideration of the draft of the conclusion;

3) is considered by the motivated conclusion of the official (officials) making (making) investigation;

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

5) involves on a grant basis experts, specialists of the corresponding profile from state bodies, public associations, associations (unions) according to questions of competence of Conciliation commission, including to participation in meetings of Conciliation commission;

6) performs other rights necessary for implementation of the functions assigned to Conciliation commission.

5. The conciliation commission is headed by the Chairman.

6. Meetings of Conciliation commission are considered competent if at them there is at least a half from representatives of each state body.

7. The number of members of Conciliation commission constitutes eight people.

8. The secretary of Conciliation commission is not member of Conciliation commission.

9. No. 63 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 11.09.2020

10. No. 63 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 11.09.2020

11. The working body not later than two working days before date of meeting of Conciliation commission, submits for consideration of Conciliation commission the copy of the appeal of National Bank of the Republic of Kazakhstan, 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 concerning National Bank of the Republic of Kazakhstan.

12. No. 63 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 11.09.2020

13. By consideration of objections and arguments of National Bank of the Republic of Kazakhstan according to the draft of the conclusion members of Conciliation commission express the motivated opinion. If necessary members of Conciliation commission request orally and (or) in writing line item of National Bank of the Republic of Kazakhstan according to the draft of the conclusion, and also on objections and arguments of National Bank of the Republic of Kazakhstan.

14. In case of adoption of notes to the draft of the conclusion by the official (officials) making (making) investigation performs its completion and in time no later than five calendar days from the moment of receipt of notes and offers is repeatedly submited Conciliation commission.

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