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

of November 5, 2018 No. 59

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332 "About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332 "About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market" (it is registered in the Register of state registration of regulatory legal acts for No. 14167, it is published on September 9, 2016 in information system of law of Ad_let) the following changes:

1, of 2, 3 to the specified order to be reworded as follows appendices according to appendices 1, of 2, 3 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 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.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 5, 2018 No. 59

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332

Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market

Chapter 1. General provisions

1. These criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market (further - Criteria) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code), the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further - the Law) and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371).

2. In these Criteria the following concepts are used:

1) the subject of control - individual entrepreneurs and legal entities, including the branches and representations of legal entities which are subjects of natural monopoly and (or) the socially significant markets;

2) insignificant violations - inadequate placement, bringing to data and the consumer notification and provision by subjects of natural monopolies and the socially significant markets of information, report, notifications, except for the directions of the prior notice according to article 18-1 of the Law which belongs to considerable violations, the data, non-compliance with standards of rendering services and not carrying out annual audit;

3) considerable violations - non-execution or improper execution by subjects of natural monopolies and the socially significant markets of the obligations and restrictions regulated by the legislation of the Republic of Kazakhstan on natural monopolies, except for the obligations and restrictions providing receipt of the unreasonable income (revenue); provision not of equal conditions to consumers of regulated services (goods, works); availability of one confirmed claim or address on non-compliance with requirements of the legislation of the Republic of Kazakhstan on natural monopolies and the socially significant markets;

4) gross violations - the unreasonable income (revenue) gained by subjects of natural monopolies and the socially significant markets as a result of violation of the law of the Republic of Kazakhstan; not observance by subjects of the requirement about provision of equal conditions to consumers of regulated services (goods, works); availability of two or more confirmed claims or addresses on non-compliance with requirements of the legislation of the Republic of Kazakhstan on natural monopolies and the socially significant markets;

5) risk in the field of provision of services (goods, works) referred to natural monopolies and the socially significant markets - probability of damnification to legitimate interests of physical persons and legal entities;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control;

7) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control;

8) system of risks assessment - complex of the events held by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

9) the checking sheet - the list of requirements including requirements imposed to activities of subjects (objects) of control which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.

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