THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of June 11, 2008 No. 177-OD

About approval of Rules of provision of equal conditions of access to regulated services (goods, works) in the field of the high-level railway system

According to the subitem 3) of article 7 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" I ORDER:

1. Approve the enclosed Rules of provision of equal conditions of access to regulated services (goods, works) in the field of the high-level railway system.

2. On regulation in the field of rail transport, civil aviation and ports of the Agency of the Republic of Kazakhstan for regulation of natural monopolies (Zhamanov N. R.) to provide to department in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To department of administrative work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Esirkepov E. O.) after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan:

To provide 1) in the procedure established by the legislation its official publication in mass media;

2) to bring it to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies, the Ministries of Transport and Communications of the Republic of Kazakhstan.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies Ospanov M. M.

5. This order becomes effective after ten calendar days after its first official publication.

Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of June 11, 2008 No. 177-OD

Rules of provision of equal conditions of access to regulated services (goods, works) in the field of the high-level railway system

1. General provisions

1. These rules of provision of equal conditions of access to regulated services (goods, works) in the field of the high-level railway system (further - Rules) are developed according to the Laws of the Republic of Kazakhstan "About natural monopolies and the controlled markets", "About rail transport" and determine the general principles and procedure for ensuring equal access for consumers to regulated services (goods, works) of subjects of the natural monopolies (further - Subjects) rendering regulated services (goods, works) in the field of the high-level railway system (further - services of the high-level railway system).

2. Equal access to services of the high-level railway system provides availability of equal conditions of provision to consumers of services of the high-level railway system.

3. In these rules the following concepts are applied:

1) limited handling capacity of the high-level railway system - the maximum quantity of trains (vapor of trains), the established weights and length which can be passed on the specific railway district on stages in unit of time (days, hour) depending on its technical equipment and the accepted method of the organization of train service;

2) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets.

Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan about natural monopolies and the controlled markets.

4. These rules do not extend to cases of provision of services of the high-level railway system taking into account the privileges and benefits established by the legislation of the Republic of Kazakhstan, introduction of the modes of extraordinary and military provisions.

5. Providing equal conditions of access for consumers to services of the high-level railway system is performed proceeding from the following principles:

1) fairness of services of the high-level railway system for all consumers;

2) carrying out single tariff policy on services of the high-level railway system for all consumers;

3) information openness of the list of services of the high-level railway system, rates (the prices, rates of charges) on services of the high-level railway system.

2. Procedure for the organization of equal access to services of the high-level railway system

6. For receipt of right of access to services of the high-level railway system the consumer directs to the Subject the application on rendering services of the high-level railway system (further - the statement).

7. The applications received from consumers are registered the Subject in the magazine of registration of statements of consumers of services of the high-level railway system in day of receipt with indication of date and time of receipt, and also the assigned registration number. The magazine shall be numbered and strung together.

Refusal in registration, misstatement of date and time of receipt of statements, and also their registration numbers are not allowed.

8. The subject considers applications within 15 calendar days from registration date in the sequence, the corresponding priority of their receipt.

9. In the absence of possibility of provision to consumers in use of the high-level railway system on the specific direction of train service in connection with its limited handling capacity, provision of services of the high-level railway system is performed according to the priority observed when scheduling train service, according to the procedure, by the provided Instructions for use the high-level railway system approved by the order of the Government of the Republic of Kazakhstan of April 16, 2004 No. 424 "About approval of Instructions for use the high-level railway system".

10. The subject signs contracts with consumers of services of the high-level railway system according to the standard agreement on rendering services of the high-level railway system approved by the order of the Government of the Republic of Kazakhstan of November 28, 2003 No. 1194 "About approval of standard agreements on the provided services (goods, works) relating to the sphere of natural monopoly".

11. Fee of the high-level railway system is made according to rates (the prices, rates of charges) approved by authorized body.

12. Services of the high-level railway system are provided to all consumers according to the requirements to their quality established by the legislation of the Republic of Kazakhstan.

3. Provision of information on the rendered services of the high-level railway system

13. In case of submission of the statement by the consumer the Subject informs him on the rendered services of the high-level railway system, on their cost, on receipt of right of access to services of the high-level railway system, possible restrictions of handling capacity of the high-level railway system on the directions of train service.

The subject in the place of reception of applications on rendering services of the high-level railway system places information on possibility of implementation of transportations on other routes in case of exceeding in the planned period of the declared amounts of transportations of handling capacity of the high-level railway system on the specific direction of train service.

14. The subject provides the publication of information on the rendered services of the high-level railway system, about their cost, about procedure for access to the high-level railway system, and also about availability according to the train schedule of handling capacity, technical and technological capabilities of rendering services of the high-level railway system in mass media.

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