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

of February 28, 2017 No. 96

About approval of the Technique of forming and project evaluation of investing programs (projects) of subjects of natural monopolies, and also monitoring and assessment of performance indicators of their realization

According to subitem 4-7) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" I ORDER:

1. Approve the enclosed Technique of forming and project evaluation of investing programs (projects) of subjects of natural monopolies, and also monitoring and assessment of performance indicators of their realization.

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) 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) 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 on the expiration of ten calendar days after day of its official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 96

Technique of forming and project evaluation of investing programs (projects) of subjects of natural monopolies, and also monitoring and assessment of performance indicators of their realization

Chapter 1. General provisions

1. This Technique of forming and project evaluation of investing programs (projects) of subjects of natural monopolies, and also monitoring and assessment of performance indicators of their realization (further - the Technique) is developed according to subitem 4-7) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and determines the mechanism of forming of project evaluation of investing programs (projects) of subjects of natural monopolies, and also monitoring and assessment of performance indicators of their realization.

2. In the Technique the following concepts are used:

1) project evaluation of investing program (project) - establishment of the authorized body by department, state body performing management of the corresponding industry (sphere) of public administration (further - state body) and local executive body of efficiency of the project of investing program of the subject of natural monopoly;

2) efficiency of the project of investing program - achievement of the target indicators characterizing main objectives for which achievement at least 95% of investment costs for the assets which are directly relating to production of regulated services are directed;

3) the conclusion by results of project evaluation of investing program (project) - the conclusion of department of authorized body, local executive body and state body regarding efficiency of the project of investing program (project) of the subject of natural monopoly (further - the Subject);

4) performance indicators of realization of investing program (project) - target indicators of the actions directed to achievement of main objectives of investing program;

5) target indicators - values of the measurable quantitative indices characterizing the purposes to which achievement realization of investing program (project) of the Subject is directed;

6) monitoring of performance indicators of investing program (project) of the Subject - collection and information analysis about performance indicators of realization of investing program (project) of the Subject;

7) assessment of performance indicators of realization of investing program (project) of the Subject - establishment of authorized body by department, local executive body with state body, extents of achievement of target indicators;

8) the subject of natural monopoly (further - the Subject) - the individual entrepreneur or the legal entity occupied with production of goods, performance of works and (or) the consumer service delivery in the conditions of natural monopoly;

9) department of authorized body - department of the state body performing management in spheres of natural monopolies;

Other concepts used in the Technique are applied according to the legislation of the Republic of Kazakhstan on natural monopolies.

Chapter 2. Forming of projects of investing programs (projects) of Subjects

3. Forming of projects of investing programs (projects) is performed by the Subject according to the requirements of Rules of approval of investing programs (projects) of the subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 30, 2014 No. 194 (registered in the Register of state registration of regulatory legal acts for No. 10459) (further - Rules), taking into account features of the Technique.

4. When forming projects of investing programs (projects) by the Subject each action for target indicators of actions of investing program (project), according to appendix 1 to this Technique is estimated.

Chapter 3. Project evaluation of investing programs (projects) of Subjects

5. Assessment consists of the following stages:

1) Calculation of scales for each target performance indicator of investing program according to Technique Item 6;

2) Consideration of priority of actions of the investing program determined by the subject of natural monopoly according to Technique Item 6;

6. The subject determines priority of actions of the project of investing program, proceeding from the sizes of scales of target indicators. The most priority actions those actions which realization is directed to achievement of the greatest target indicators on weight are recognized.

The weight of indicator is determined for each target indicator by the following formula:

i - the identifier of actions which are directed to achievement of target indicator;

П - quantity of target indicators to which i action is directed.

n - the identifier of all actions which are directed to achievement of all target indicators.

7. Department of authorized body, state body, local executive body adjusts the project of investing program taking into account results of consideration of priority of actions of investing program.

8. Department of authorized body, state body, local executive body takes out the conclusion by results of project evaluation of investing program providing information of achievement of target performance indicators of realization of investing program according to appendix 2 to this Technique.

9. The efficiency evaluation of the project of investing program (project) of the Subject is carried out by department of authorized body, local executive body and state body according to the following criteria:

achievement of target indicators of the actions characterizing ensuring (increase) quality and (or) reliability and safety of the services estimated by state body;

the direction at least 95% of investment costs and (or) actions in every year of the period on which the investing program, on achievement of target indicators of investing program (project) affirms that is estimated by department of authorized body.

Chapter 4. Carrying out monitoring and assessment of performance indicators of realization of investing programs (projects) of Subjects

10. Monitoring of efficiency of realization of investing program (project) of the Subject provides information analysis about achievement of performance indicators of investing program (project) of the Subject.

11. Assessment of performance indicators of realization of investing program (project) of the Subject is carried out by department of authorized body, local executive body, state body by comparison of the actual values of data, with their target indicators accepted by authorized body for the accounting period to measure calculation of efficiency of realization of investing program (project), according to appendix 3 to this Technique:

1) Calculation of absolute variation of the actual measure values of investing program from them accepted by authorized body, target values is made on formula:

Absolute variation = Pf-Pp,

Where Pf - the actual measure value of investing program;

Software - the target indicator of investing program (project) of the Subject accepted by authorized body;

Assessment calculated according to the subitem 1) of Item 11 of the Technique of the absolute actual measure values reached by the Subject from the target indicators of investing program (project) accepted by authorized body is recognized not reached if:

absolute variations, respectively:

it is less than zero if realization of investing program is directed to increase in target indicator;

it is more than zero if realization of investing program is directed to reduction of target indicator;

2) Calculation of coefficient of achievement of target indicators of investing program of Ki for the following formula:

KI = 100% - The amount of scales of not reached target indicators;

KI - coefficient of achievement of target indicators of investing program.

The efficiency evaluation of realization of investing program is performed according to the following criteria:

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