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

of July 17, 2018 No. 252

About modification of the 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"

I ORDER:

1. Bring in the 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" (it is registered in the Register of state registration of regulatory legal acts for No. 14778, it is published on February 20, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

The rules of pricing in the socially significant markets approved by the specified order to state in edition according to appendix to this order.

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 of the Republic of Kazakhstan 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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in paper 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 after ten calendar days after day of its first official publication.

It is approved Minister of investments and development of the Republic of Kazakhstan July 17, 2018

________________ Zh. Kasymbek

It is approved Minister of Energy of the Republic of Kazakhstan July 18, 2018

_____________ K. Bozumbayev

Appendix

to the Order of the Minister of national economy of the Republic of Kazakhstan of July 17, 2018 No. 252

Approved by 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 of October 29, 2015 (further - the Code) for the purpose of non-admission of unreasonable increase in prices and determine procedure for pricing in the socially significant markets.

2. In Rules the following concepts are applied:

1) territorial authorized body - the territorial subdivision of departments of authorized body performing management in spheres of natural monopolies;

2) pricing - process of forming and consideration of goods prices (work, service);

3) 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 outside borders of settlements;

4) public hearings - the procedure of discussion of the project of goods price (work, service) the subject of the socially significant markets, with the invitation of deputies of Parliament of the Republic of Kazakhstan, maslikhats, representatives of local government bodies, state bodies, consumers and their public associations, independent experts, mass media and subjects of the socially significant markets;

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

6) 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;

7) the socially significant markets - goods, works, services of 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) 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;

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

10) department of authorized body - the department of state body performing management in spheres 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 in the socially significant markets;

Marginal 11) price - the goods price (works, services) established by the Subject based on the costs and profit necessary for their production and (or) realization according to these rules, and approved by department of authorized body. Marginal price is also the price to which till January 1, 2017 state regulation of the prices was applied.

Chapter 2. Procedure for provision of information for conducting examination of the price and consideration of the notification on marginal forthcoming increase in price

3. The notification on marginal forthcoming increase in price (further - the Notification) with appendix to it of the proving materials confirming the reasons of marginal increase in price are provided by the Subject in writing or in electronic form through electronic document management system in department of authorized body or territorial authorized body at least in thirty calendar days prior to ceiling forthcoming increase in price for goods (works, services).

The notification is submitted in form, according to appendix 1 to these rules.

For the purpose of control of observance of procedure for pricing in the socially significant markets, and also in the cases provided by the subitem 1) of article 124-8 of the Code, department of authorized body performs monitoring of the prices of Subjects.

By results of carrying out marginal monitoring of 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 carries out expertize of the price according to these rules.

The documents submitted within examination of the price or the Notification with the proving materials attached to it, are represented by Subjekt on paper or in electronic form through electronic document management system numbered, certified by seal (in the presence) and the signature of the head Subjekt or person replacing it, or the deputy manager whose competence questions of financial accounting and finance enter. Financial records are signed by the first head and the chief accountant Subjekta, or persons replacing them and certified by seal (in the presence) Subjekt.

In case of rendering services by the Subject in the territory of two and more areas, the cities of republican value, the capital, and also rendering services of the airports on internal flights to the territories of the cities of republican value, the capital, the documents submitted within examination of the price, or the Notification move in department of authorized body.

In case of rendering services by the Subject in the territory of one area, the cities of republican value, the capital, in the territory of the cities of regional value, the documents submitted within examination of the price or the Notification move in the relevant territorial authorized body in place of registration of the Subject.

4. The subject provides in department of authorized body documents and the information, within examination of the price, or the Notification 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 the financial organizations)" (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 (code 251112139, 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 November 14, 2017 No. 171 "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. 16052);

4) the report on financial and economic activities of the company (code 271112130, index 1-PF, frequency annual) 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 November 10, 2017 No. 165 "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. 16038);

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 amount 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) limiting structure of rate 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 marginal increase in price, with application of documents, confirming the increase reasons (copies of the relevant agreements (prisoners) confirming value increase of raw materials, materials, services), in case of submission of the Notification by the Subject;

17) the project of the planned marginal price on each type of activity, in case of submission of the Notification by the Subject.

5. As the proving materials the Subject provides actual data about costs in four quarters preceding provision of documents within examination of the price or submission of the Notification, and for the previous calendar year.

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

The subject provides upon the demand of department of authorized body information and documents necessary for conducting examination of the price according to subitem 10 of article 124-6 of the Code. Information and documents are provided by the Subject within fifteen calendar days.

6. Department of authorized body carries out expertize of the price or considers the Notification no more than thirty calendar days from the date of their obtaining.

In case of request department of authorized body of the additional information, terms of conducting examination of the price or consideration of the Notification stop before provision by the Subject of the relevant information. At the same time, date of marginal input of price is transferred to the term of provision by the Subject of the relevant information.

7. Ceiling forming of price for goods (works, services) the Subject following the results of conducting examination or consideration of the Notification is made according to Chapter 3 of Rules.

8. According to the subitem 6) of article 124-6 of the Code by consideration of the Notification department of authorized body carries out public hearings.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info