I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2025 No. 63

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of November 19, 2019 No. 90 "About approval of Rules of forming of rates"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of November 19, 2019 No. 90 "About approval of Rules of forming of rates" (it is registered in the Register of state registration of regulatory legal acts for No. 19617) the following changes:

in Rules of forming of the rates approved by the specified order:

in Item 1:

6) to state the subitem in the following edition:

"6) rules of determination of rate based on the signed agreement of public-private partnership;";

in Item 3:

57) to state the subitem in the following edition:

"57) the loan capital – the capital formed at the expense of loans (receipt of the credits, release and sale of bonds, receipt of means by other types of monetary commitments) for creation or reconstruction of object of public-private partnership;";

80) and 81) to state subitems in the following edition:

"80) the declared freight cars turnover – the planned freight cars turnover specified in the request of the consumer and (or) subject of public-private partnership for approval of temporary decreasing coefficient;

81) the declared cargo turnover (passenger turnover) – the planned cargo turnover (passenger turnover) specified in the request of the consumer and (or) subject of public-private partnership for approval of temporary decreasing coefficient;";

85) to state the subitem in the following edition:

"85) own means – money (the share (authorized) capital, retained earnings (net income) or the depreciation charges) of the subject of public-private partnership used in creation and reconstruction of object of public-private partnership;";

113) to state the subitem in the following edition:

"113) regulated services of the subject – the services provided by the subject of public-private partnership in the field of natural monopoly and which are subject to state regulation of authorized body by department including cases of provision of services in the form of transfer of certain goods to the consumer;";

4) of Item 7 to state the subitem in the following edition:

"4) determination of rate based on the signed agreement of public-private partnership.";

state Item 12 in the following edition:

"12. Determination of rate based on the signed agreement of public-private partnership of the approved investing program is performed according to these rules.";

3) of Item 13 to state the subitem in the following edition:

"3) the determination of rate based on the signed agreement of public-private partnership performed by department of authorized body on its initiative or based on the statement of the subject of public-private partnership in the field of natural monopoly.";

to state the paragraph of the sixth of Item 48 in the following edition:

"calculation of rate taking into account application of method determination of rate based on the signed agreement of public-private partnership.";

to state heading of the paragraph 5 of subsection 3 of Section 8 in the following edition:

"Paragraph 5. Calculation of rate taking into account application of method determination of rate based on the signed agreement of public-private partnership";

state Item 217 in the following edition:

"217. Return of the invested capital is calculated by formula:

BKi = BKPi + BKBI, where:

VKI – return of i invested the capital in year;

VKRI – return of the invested loan capital;

VKBI – return of the invested own means.

BKPi = PIKI - IIKI,

RIKI – the amount of annual payment of the invested loan capital accepted according to the repayment schedule of the loan agreement for year of i.

IIKI – the amount of the depreciation charges which in coordination with department of authorized body in case of need goes also for repayment of loan and is considered in costly part of rate in the same period of year of i;

 

PIKI-the initial amount of the invested own means;

RII – the amount of reinvested equity, in use object of public-private partnership;

NTsKI – the equity amount used not for purpose;

SVKI – the residual duration of the agreement of public-private partnership, advanced in years;

BKpi – the equity returned in previous periods.";

to state heading of Chapter 7 in the following edition:

"Chapter 7. Rules of determination of rate based on the signed agreement of public-private partnership";

375, 376 and 377 to state Items in the following edition:

"375. In case of determination of rate based on the signed agreement of public-private partnership the procedure of payments of rate of the subjects performing the activities based on the signed agreement of public-private partnership is applied.

376. By consideration of the draft agreement of public-private partnership rate not lower than the cost of the costs necessary for provision of regulated service, taking into account ensuring return of the enclosed investments of the state and private partner and level of profitability on the enclosed investments according to the feasibility statement on the draft agreement of public-private partnership is calculated if other is not provided by the agreement of public-private partnership.

377. After the termination of the duration of the agreement of public-private partnership rates are created without return of the invested capital with profit earning possibility for effective functioning of the subject.";

state Item 380 in the following edition:

"380. When forming rate the expenses connected with financing of objects of the social sphere entering property complex of object of public-private partnership, confirmed with the corresponding proving materials are considered.";

382, of 383, 384 and 385 to state Items in the following edition:

"382. The general size of the invested capital is determined as the amount of own and loan invested capital.

The forecast extreme size and precedent conditions of attraction (structure, rate of remuneration of the loan capital and rate of profit of own means, target use, the schedule of development, terms of return) of the initial amount of the invested capital are determined based on supporting documents of the subject (the financial reporting of the subject, memorandums of financing of the project of public-private partnership, the statement from accounts of banks).

After attraction of the invested capital corresponding changes by the conclusion of the supplementary agreement in which the amount and conditions of attraction of the invested capital (structure, rate of remuneration of the loan capital and rate of profit of own means, target use, the schedule of development and terms of return) according to the signed loan agreements are provided are made to the agreement of public-private partnership.

383. Inappropriate use of the invested capital is not allowed.

Return of the invested capital (own and loan) as a part of rate is made only on the capital used for the purpose provided in the agreement of public-private partnership both investing program of the subject and supported by the relevant documents.

The amount and terms of reinvestment of own means of the subject during operation of object of public-private partnership are determined by the agreement of public-private partnership and investing program of the subject, and are subject to confirmation by the relevant documents of target use.

The annual amount of return of the loan capital considered in rate is determined based on the schedule of return (repayment) of the loan capital established by the loan agreement. When calculating the amount of return of the loan capital the free money of depreciation fund which is not used by the subject in the forthcoming period for reinvestment (updating and repair of fixed assets) according to investing program and terms of the contract of public-private partnership is considered.

Return of the invested own means of the subject considered in rate is made by uniform annual payments throughout the duration of the agreement of public-private partnership from the date of the beginning of operation of object of public-private partnership. In case of reinvestment of own means by the subject return of own means is performed taking into account the reinvested amount of own means.

Annually during the period of regulation by department of authorized body adjustment of size of return of the invested capital established for the next settlement year of the period of regulation taking into account actual data about the objects put into operation, adjustments of the approved plan of inputs and remaining balance of not returned invested capital is made.

384. The annual amount arrived to the invested and (or) reinvested own means of the subject, considered in rate, is calculated as the work of rate arrived to residual amount of own investments of the subject made in the project of public-private partnership.

The profit rate on the invested equity is at least the cost of remuneration on borrowed funds or passive rates of money (deposits) banks of the second level of the Republic of Kazakhstan determined at the time of agreement signature of public-private partnership.

After complete return of the invested and reinvested own means of the subject the annual amount of profit is considered in rate.

385. The sources of cost recovery and receipt of the income allocated to subjects from means of the government budget, stipulated by the legislation in the field of public-private partnership, are considered in case of reduction of rate, except for the payments directed to covering of expenses and providing the income which is not considered in costly and revenues of rate.

The size and payment procedure of sources of cost recovery and receipt of the income from means of the government budget are provided in the agreement of public-private partnership and are performed according to the budget legislation of the Republic of Kazakhstan.";

state Item 391 in the following edition:

"391. The documents specified in Item 302 of these rules are attached to the request for approval of rate for subjects in the simplified procedure and also:

1) the copy of the signed agreement of public-private partnership;

2) information on use of net income (profit) on regulated services according to the agreement of public-private partnership;

3) data on return of the invested capital (loan and own) for previous periods;

4) schedule of return of borrowed funds and payments of remunerations for borrowed funds;

5) the actions plan on energy saving and increase in energy efficiency developed following the results of energy audit or express energy audit.";

1) of Item 393 to state the subitem in the following edition:

"1) the copy of the signed agreement of public-private partnership;";

state Item 395 in the following edition:

"395. The calculations and the proving materials enclosed to the application are constituted according to the following requirements:

1) the enclosed materials are signed by the head of the subject or person replacing him or the deputy manager of the subject. This requirement does not extend to submission of the request electronically.

2) as the proving materials actual data about costs in four quarters preceding application and for the previous calendar year are represented;

3) the subject of public-private partnership within fifteen calendar days after adoption of the request to consideration upon the demand of department of authorized body represents to department of authorized body the specified actual data about costs in four quarters preceding application;

4) for the purpose of exception of influence of seasonal fluctuations of amounts on rates, in reasons data per year are accepted;

5) when calculating projects of rates, for base the actual amounts of regulated services are accepted in four quarters preceding application or for the previous calendar year;

6) in case of decrease in amounts of regulated services the materials proving and confirming decrease are represented;

7) prepared separately on each type of activity, performed by the subject of public-private partnership.";

state Item 405 in the following edition:

"405. Effective period of rate is established for the period which is not exceeding the term of realization by the subject of public-private partnership of the approved investing program and the agreement of public-private partnership.";

to state heading of paragraph 4 of Section 2 of Chapter 8 in the following edition:

"Paragraph 4. Features of approval of temporary decreasing coefficient to rates for regulated services of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership";

state Item 439 in the following edition:

"439. Criteria of feasibility of approval of temporary decreasing coefficient to rates for regulated services of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership are:

1) the declared cargo turnover exceeds the actual cargo turnover for the corresponding period of previous year;

The declared freight cars turnover exceeds 2) (keeps) the actual freight cars turnover for the corresponding period of previous year.

In case of preserving freight cars turnover the conclusion of competent authority about impossibility of further increase in freight cars turnover is submitted;

3) possibility of use of the uninvolved, poorly involved sites of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership or reorientation of cargo flows to alternative routes of transportation.

Not the involvement or weak involvement of sites of the high-level railway system is confirmed by the conclusion of competent authority.

The possibility of reorientation of cargo flows to alternative routes of transportation is confirmed by the National operator of infrastructure or the subject of public-private partnership;

4) ecological danger of collateral products of industrial production.

Ecological danger of collateral products of industrial production is confirmed by the conclusion of authorized state body in the field of environmental protection of the Republic of Kazakhstan.

In case of compliance to the criterion specified in this subitem, approval of temporary decreasing coefficient is made only in case of respect for the criterion provided by the subitem 1) of Item 439 of these rules;

5) implementation of passenger traffic.

The competent authority confirms that the carrier transports in the conclusion about feasibility with provision of documents (information) according to Item 454 of these rules;

For the trailer and through-cars, dining-cars and luggage cars included in trains, department of authorized body establishes temporary decreasing coefficient according to the procedure, stipulated in Item 454 these rules;

6) possibility of reorientation of cargo flows from alternative modes of transport on rail transport.

In that case the National operator of infrastructure confirms feasibility or possibility of such reorientation in the conclusion;

7) preserving (reduction) amounts of transportations of products (the raw materials necessary for production) made by the consumer for the purpose of prevention connected with it stops or decrease in the production volumes caused by reduction of prices in the international markets on condition of availability of obligations of the consumer in return, including on activities stabilization, preserving quantity of workplaces, cost optimization.";

to state heading of Section 1 of paragraph 4 of Chapter 8 in the following edition:

"Section 1. Approval of temporary decreasing coefficient to rates for regulated services of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership.";

state Item 441 in the following edition:

"441. Approval of temporary decreasing coefficient is made by department of authorized body according to the request of the consumer, and also according to the request of the National operator of infrastructure in the cases specified in the subitem 1) of Item 439 of these rules.

The request for approval of temporary decreasing coefficient to rates for regulated services of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership (further – the application) is submitted in form according to appendix 19 to these rules with application of documents and information submitted by the consumer for approval of temporary decreasing coefficients to rates for regulated services of the high-level railway system and railway tracks with objects of rail transport under agreements of public-private partnership, and also indicators of transportation of goods by railway transport and transportations of cars by rail according to appendices 20, 21 and 22 to these rules with observance of the following requirements:

1) each leaf of the request is initialed by the first head of the consumer and (or) the subject of public-private partnership, or person fulfilling its duties with appendix of supporting documents, financial records by the chief accountant;

2) actual data by results of financial and economic activities for preceding period, and also the expected results from use of temporary decreasing coefficient for the required period of their approval are represented.

In case of application of infrastructure by the National operator, documents and information provided by subitems 1), 2), 3), 5) of 10), 11), 12) and 13) of appendix 20 to these rules are provided.";

444, of 445, of 446, 447 and 448 to state Items in the following edition:

"444. Department of authorized body no later than five working days from the date of receipt of the letter request notifies the consumer, the National operator of infrastructure, to the subject of public-private partnership (in case of submission of the request by it) on adoption of the request to consideration (at the same time directing request copies to the National operator of infrastructure (in case of application on approval of temporary decreasing coefficient to regulated services of the subject of public-private partnership) to competent authority), or on motivated refusal in its acceptance.

445. If by consideration of the request the additional information is necessary, department of authorized body requests it in writing with establishment of term, but at least five working days.

At the same time consideration of the request stops before receipt of necessary information with the notice on it of the consumer, National operator of infrastructure (in case of submission of the request by it).

In case of non-presentation by the consumer, National operator of infrastructure (in case of submission of the request by it) required information after ten working days from the date of receipt of request, department of authorized body refuses approval of temporary decreasing coefficient with the written notice of it of the National operator of infrastructure, the subject of public-private partnership, competent authority and the consumer.

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