I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 18, 2022 No. 455

About modification and amendments in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 30, 2019 No. 256 "About approval of Rules of implementation of activities by subjects of natural monopolies"

I ORDER:

1. Bring in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 30, 2019 No. 256 "About approval of Rules of implementation of activities by subjects of natural monopolies" (it is registered in the Register of state registration of regulatory legal acts at No. 18608) the following changes and amendments:

in Rules of implementation of activities by subjects of the natural monopolies approved by the specified order:

state Item 3 in the following edition:

"3. In these rules the following basic concepts and terms are used:

1) unreliable information – the false data containing in the request of the potential supplier for participation in tender (auction), and which are equally introduced by the corrections distorting the valid content and untrue the provided request of the potential supplier;

2) the potential supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium) applying for the conclusion with the subject of natural monopoly of the purchase agreement;

3) homogeneous goods, works, services – goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions;

4) tender – the purchase method providing the competition between potential suppliers and directed to detection of the most advantageous conditions of the agreement of purchase;

5) the participant of tender – the potential supplier conforming to requirements of the tender documentation and allowed to participation in tender;

6) tender committee – the collegiate organ created by the subject of natural monopoly for accomplishment of the procedure of carrying out purchases by tender method, the provided these rules;

7) the tender documentation – documentation placed by the subject of natural monopoly on information systems of electronic procurement for preparation of the bid which contains requirements to the bid, conditions and procurement procedure by tender method;

8) target measure value – the digital measure value approved by authorized body which is reached by the subject of natural monopoly on completion of the period of action of rate using the stimulating method of tariff regulation;

9) property of the subject of natural monopoly, transactions with which provide receipt of consent of authorized body – the real and personal estate which is in property of the subject of natural monopoly used for provision of regulated services and considered in the balance sheet for the beginning of the current year which cost exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for money, including foreign currency;

10) the supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), acting as the customer's partner in the purchase agreement signed with it;

11) the expert – the physical person having special and (or) technical knowledge, experience and qualification in the field of the carried-out purchases, the confirmable relevant documents (diplomas, certificates, certificates and other documents), attracted by the subject of natural monopoly (customer) to participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services;

12) purchase – acquisition by the subject of natural monopoly of goods, works and services, costs for which are considered in case of approval of rate using costly method of tariff regulation;

13) the purchase agreement – the civil agreement signed by means of information system of electronic procurement between the customer and the supplier, certified by digital signatures, except as specified, stipulated by the legislation the Republic of Kazakhstan;

14) the slot – time allocated at the airport for accomplishment of transactions of arrival or departure of the aircraft of airline in certain date or the period;

15) the affiliate of the subject of natural monopoly – any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

16) the technical expert (the expert organization) – the physical person or legal entity rendering services in conducting technical expertize;

17) technical expertize – the analysis of technical condition (technical characteristics) of the involved assets, efficiency of engineering procedure of production, assessment of execution of investing programs, level of involvement and justification of distribution of fixed assets by types of the provided regulated services;

18) information system of electronic procurement (further – the portal) – the portal providing single point of access to electronic procurement, the natural monopolies performed by subjects;

19) aeronautical information circular – the bulletin of aeronautical information – the circular letter of aeronautical information (further – AIC);

20) aeronautical information publication – the collection of aeronautical information – the collection of aeronautical information of the Republic of Kazakhstan (further – AIP);

21) notice to airmen (further – NOTAM) – the notice containing information on introduction in system or to change of any aeronautical equipment (or, regulations of its work), servicing and rules of flights; or, information on danger, the timely prevention which is important for safety of flights.

Other determinations and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.";

state Item 8 in the following edition:

"8. For inclusion in the Register, the applicant provides the following documents in authorized body:

1) the list which is on balance of the applicant, or being in lease or in trust management of the engineering networks and constructions necessary for provision of regulated services for consumers in the conditions of natural monopoly, and also the schematic map (the specified documents are signed by the first head or replacement his face);

2) calculations of the planned provision amounts to consumers of regulated services in the field of natural monopolies;

3) documents the containing data on implementation of the activities which are not relating to regulated services and (or) referred to the sphere of natural monopoly.

The statement and documents provided by this Item move the applicant in electronic or paper type. Documents in paper form proshnurovyvatsya and numbered, the last leaf is fastened with the signature of the first head of the subject of natural monopoly or person fulfilling its duties.

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