I.O'S ORDER. MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2025 No. 84-HK

About approval of Rules of implementation of activities by subjects of natural monopolies

According to the subitem 6) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies", I ORDER:

1. Approve the enclosed Rules of implementation of activities by subjects of natural monopolies.

2. To provide to department of tariff policy of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Water Resources and Irrigation of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the deputy. The Minister of Water Resources and Irrigation of the Republic of Kazakhstan of April 30, 2025 No. 84-HK

Rules of implementation of activities by subjects of natural monopolies

Chapter 1. General provisions

1. These rules of implementation of activities by subjects of natural monopolies (further – Rules) are developed according to the subitem 6) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" (further – the Law) and determine procedure of activities by subjects of the natural monopolies rendering services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions, and also rendering the state services:

"Inclusion and exception of the State register of subjects of the natural monopolies rendering services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions" (further – Inclusion and exception of the State register);

"Issue of consent to transactions with property of the subject of natural monopoly, rendering services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions if book value of property concerning which the transaction considered in the balance sheet for the beginning of the current year is made exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year" (further – Issue of consent to transactions with property);

"Issue of consent to reorganization and liquidation of subjects of the natural monopolies rendering services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions" (further – Issue of consent to reorganization and liquidation).

2. These rules determine:

1) procedure for inclusion and exception of the State register of subjects of natural monopolies;

2) procedure for carrying out public hearings;

3) procedure for issue of consent to making of separate actions by the subject of natural monopoly, and also acceptance from the subject of natural monopoly of the notification on implementation of the activities which are not relating to regulated services according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications);

4) procedure for carrying out purchases by subjects of natural monopolies;

5) procedure for providing equal conditions of access to regulated services;

6) procedure for carrying out performance reports of the approved tariff estimates, about execution of the approved investing programs, about observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies before consumers and other interested persons;

7) procedure for placement of information on availability of free and available capacities, reservoirs, places, handling capacities of networks of the subject of natural monopoly, except for the data relating to the state secrets and other secret protected by the law according to the laws of the Republic of Kazakhstan;

8) procedure for approval of payment for acquisition and installation of the metering device;

9) procedure of the state control in spheres of natural monopolies;

10) procedure for informing consumers and (or) authorized body about rate, its change;

11) approval procedure of performance indicators of activities of subjects of natural monopolies and indicators of quality and reliability of regulated services;

12) procedure for carrying out public monitoring and (or) technical expertize of execution of the approved investing program, observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies;

13) procedure for submission of the petition for issue of consent to transactions with the property used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current calendar year, and reorganization or liquidation of the subject natural monopolies;

14) report forms of the subject of natural monopoly before consumers and other interested persons:

about execution of the approved tariff estimate;

about execution of the approved investing program;

15) criteria and requirements to authorized persons (to experts, the expert organizations) for conducting technical expertize of execution of the approved investing program, observance of indicators of quality and reliability of regulated services and achievement of performance indicators of activities of subjects of natural monopolies;

16) procedure for approval of credit agreements of subjects of natural monopolies by authorized body for attraction of loans international financial institutions, specialized industry banks, Development bank of Kazakhstan and banks of the second level of the Republic of Kazakhstan;

17) procedure for approval by authorized body on management of state-owned property, local executive body of the agreement of cession of property used in production cycle by provision of regulated services by subjects of natural monopolies and transferred from local executive bodies to the subject of natural monopolies according to the plan of transfer for balance and (or) to trust management of property;

18) procedure for approval by local executive body of the plan of transfer for balance and (or) to trust management of the property used in production cycle by provision of regulated services by subjects of natural monopolies.

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

4-1) competitive price offer – the price offered by the potential supplier, for participation in procurement by tender method, attached to the bid;

5) the tender (tender) committee – the commission which is created of number of persons employed of the subject of natural monopoly, and also employees of its affiliates, in case of performance as the single organizer of purchases, for implementation of purchases of goods, works, services in cases and the methods provided by these rules;

6) tender (tender) documentation – the document package placed by the subject of natural monopoly on information systems of electronic procurement for preparation of the bid, containing conditions and procedure for carrying out tender;

7) the competitive (tender) request – the competitive proposal of the potential supplier constituted according to the tender documentation;

8) warranty providing the bid – pledge of money or the bank guarantee provided by the potential supplier who showed willingness to take part in tender;

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

10) property of the subject of natural monopoly, transactions with which provide approval – the personal and real estate which is in property of the subject of natural monopoly used for provision of regulated service, if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year;

11) authorized body by assessment and control of quality of rendering the state services – the central state body performing activities for assessment and control of quality of rendering the state services within the competence;

12) the Kazakhstan producer – the subject of entrepreneurship which is resident of the Republic of Kazakhstan, included in the register of the Kazakhstan producers;

13) the petition – the written application of the subject of natural monopoly about consent on making of separate actions;

14) the expert (the expert organization) – the physical person or legal entity having special knowledge or experience in the activities subjected to examination and rendering services in conducting technical expertize;

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

16) 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;

17) services of water supply in channels, water supply for irrigation – transportation and distribution of water on conduits (channels, pipelines), and its giving to water users;

18) performance indicators of activities of subjects of natural monopolies – the ratio of results of activities of the subject of natural monopoly and its economic, management, production costs considered when forming rate, except for the purchases specified in Item 1 of article 23 of the Law;

19) the State register of subjects of natural monopolies – the list of the individual entrepreneurs and legal entities providing regulated services, created by authorized body according to the subitem 4) of article 8 of the Law (further – the State register);

20) property acquisition of the subject of natural monopoly – transfer by the subject of natural monopoly to property to other person (persons) of the rights on ownership, use and the order of property;

21) the affiliate of the subject of natural monopoly – person (except for the state bodies performing regulation of its activities within the conferred powers) who has opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on the decisions made by the subject of natural monopoly, including owing to the agreement, including the verbal agreement, or other transaction, and also any person concerning whom the subject of natural monopoly has such right;

22) transactions with property of the subject of natural monopoly – the actions of the subject of natural monopoly directed to establishment, change or the termination of the rights and obligations to the personal and real estate used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for transactions with the property which is strategic object according to Article 193-1 of the Civil code of the Republic of Kazakhstan;

23) access to regulated services of subjects of natural monopolies – possibility of consumers to use regulated services of subjects of natural monopolies on conditions is at least favorable, than on what the similar service is provided to other consumers;

24) technical expertize – the analysis of technical condition (technical characteristics) of the involved assets, efficiency of engineering procedure, including compliance of regulations of material, labor costs, production technologies, assessment of execution of investing programs, level of involvement and justification of distribution of fixed assets by types of the provided regulated services;

25) the technical expert – the physical person or the representative of the legal entity having (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 subjects of natural monopolies 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;

26) specifications – the technical requirements necessary for connection to networks of the subject of natural monopoly, rendering services of water supply in channels, water supply for irrigation and regulation of superficial drain by means of retaining hydraulic engineering constructions according to the development plan for engineering communications according to the approved draft of the detailed layout (the scheme of building) or on increase in amount of regulated service;

27) the payment document – the document (the account, the notice, the receipt, the account prevention constituted based on indications of metering devices or measuring devices and installations) of the Supplier based on which payment for the rendered services is made;

28) authorized body – Ministry of Water Resources and Irrigation of the Republic of Kazakhstan.

29) the list of the goods which are purchased by the subject of natural monopoly, works, services, costs for which are considered in case of approval of rate (further – the List), – the nomenclature of the goods which are purchased within year by the subject of natural monopoly, works, services, costs for which are considered in case of approval of rate using costly method of tariff regulation, with indication of units of measure, amounts, terms, methods of procurement, and also the maximum sizes of the amounts directed within one year to purchases of each type of goods, works, services;

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

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

Chapter 2. Procedure for inclusion and exception of the State register of subjects of natural monopolies

Paragraph 1. Forming of the State register of subjects of natural monopolies

4. The state register is created in electronic form according to appendix 1 to these rules.

The republican Section of the State register joins the subjects of natural monopolies providing regulated services in the territory of two and more areas, the cities of republican value and the capital.

Local Sections of the State register join the subjects of natural monopolies providing regulated services in the territory of one area or the city of republican value, or the capital.

The republican and local Section of the State register creates and conducts authorized body.

Action of these rules does not extend to the individual entrepreneurs and legal entities performing activities according to item 4 of article 3 of the Law.

5. The state service "Inclusion and Exception of the State Register" appears authorized body (further – the service provider) to physical persons and legal entities (further – uslugopoluchatel) in c compliance these rules.

Uslugopoluchatel addresses the service provider through the web portal of "the electronic government" www.egov.kz (further – the web portal) with the statement:

no later than 15 (fifteen) calendar days from the date of the beginning of provision of regulated service to consumers for inclusion in the State register in form 2 according to appendix 1 to these rules;

no later than 15 (fifteen) calendar days from the date of the termination of provision of regulated service for its exception of the State register in form 3 according to appendix 1 to these rules.

6. The list of the main requirements to rendering the state service "Inclusion and Exception of the State Register" are stated in annex 2 to these rules.

7. Terms rendering the state service "Inclusion and Exception of the State Register" are stated in annex 2 to these rules.

Processing of the statement of uslugopoluchatel for inclusion in the State register within 30 (thirty) minutes from the moment of receipt in the state information system of permissions and notifications, further following the results of is created the certificate on inclusion in the state register of subjects of natural monopolies in electronic form, signed by the transport signature of the state information system of permissions and notifications, and goes to personal account of uslugopoluchatel on the web portal.

8. The subject of natural monopoly joins in the State register in the place of its registration as the legal entity or as the individual entrepreneur, except for the foreign legal entity who is subject to inclusion in the State register in the place of provision of regulated service by it.

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