of February 28, 2017 No. 97
About approval of Rules of consideration of draft agreements of subjects of the market regarding compliance or discrepancy to requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition
According to the subitem 35) article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:
1. Approve the enclosed Rules of consideration of draft agreements of subjects of the market regarding compliance or discrepancy to requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition.
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 to provide 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 from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;
4) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;
5) 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), 3) and 4) 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.
Minister of national economy of the Republic of Kazakhstan
T. Suleymenov
Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 97
1. These rules of consideration of draft agreements of subjects of the market regarding compliance or discrepancy to requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition (further - Rules) are developed according to the subitem 35) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and determine procedure for consideration by department of antimonopoly authority and its territorial subdivisions of draft agreements of the subjects of the market having intention to reach the agreement in writing (further - the agreement) regarding their compliance or discrepancy to requirements of article 169 of the Code.
2. In these rules the following basic concepts are used:
1) the agreement - the agreement between two or several subjects of the market which is drawn up in the form of the official written instrument establishing conditions, relations, the rights and obligations of the Parties;
2) department of antimonopoly authority - Committee on regulation of natural monopolies, protection of the competition and rights of consumers of the Ministry of national economy of the Republic of Kazakhstan.
Other concepts used in these rules are applied according to the Code and the current legislation of the Republic of Kazakhstan.
3. Rules extend to all subjects of the market having intention to reach the agreement in writing, regarding their compliance or discrepancy to requirements of article 169 of the Code.
4. The subjects of the market having intention to reach the agreement which can be acknowledged admissible according to article 169 of the Code (further - subjects of the market) can address to department of antimonopoly authority or its territorial subdivisions with the statement for check of compliance of the draft agreement to requirements of article 169 of the Code with application of documents electronically (further - the statement).
The application is signed by all subjects of the market having intention to reach the agreement.
5. If agreement parties are located in the territory of two and more areas (the cities of republican value, the capital) and also if the agreement infringes on interests of the third parties located in the territory of two and more areas (the cities of republican value, the capital) the application is submitted by subjects of the market to department of antimonopoly authority.
If agreement parties are located in the territory of one area (the cities of republican value, the capital) and also if the agreement infringes on interests of the third parties located in the territory of one area (the cities of republican value, the capital) the application is submitted by subjects of the market to the relevant territorial subdivision of department of antimonopoly authority.
6. The subjects of the market having intention to sign the agreement provide in department of antimonopoly authority or its territorial subdivisions:
1) draft agreement;
2) the data proving agreement compliance stipulated in Clause 169 Codes to criteria of admissibility of agreements:
about share of the subject (subjects) of the market on each of the considered goods markets in case of vertical agreements;
that the agreement is the agreement of public-private partnership, including the agreement of concession, the complex entrepreneurial license (franchizing);
about group of persons of the subjects of the market having intention to reach the agreement, with indication of control, stipulated in Item the 6th article 169 of the Code;
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