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The document ceased to be valid according to the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of 14.03.2013 No. 82-OD

THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of September 11, 2002 No. 185-OD

About approval of Rules of rendering paid services by the public institutions which are not state bodies

For the purpose of establishment of procedure for rendering paid services by the public institutions which are not state bodies, price regulations on the services rendered by them I order:

1. Approve the enclosed Rules of rendering paid services by the public institutions which are not state bodies.

2. To development department of the competition (Zhumabayeva N. H.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent publication in official mass media.

3. To department of administrative work (Dosan B. B.) to bring this order to the attention of territorial Departments of the Agency.

4. To impose control of execution of this order on the vice-chairman of the Agency Oynarov A. R.

5. This order becomes effective from the date of its publication.

 

Chairman E. Dosayev

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against September 11, 2002 No. 185-OD

Rules of rendering paid services by the public institutions which are not state bodies

1. General provisions

1. These rules of rendering paid services by the public institutions which are not state bodies (further - Rules), are entered for the purpose of establishment of single procedure for rendering paid services of the public institutions which are not state bodies and also forming, consideration and price approval on the paid services rendered by them.

2. Rules extend to the public institutions which are not state bodies which list is created and affirms according to the legislation.

3. The public institutions which are not state bodies, it is allowed to enlist to which receipts from rendering paid services on the current account of "Means from Paid Services" organization are determined by the Law of the Republic of Kazakhstan on the republican budget for the corresponding year.

4. In Rules the following concepts are used:

authorized bodies - state bodies under which authority the public institutions which are not state bodies are;

consumers - the legal entities and citizens receiving services from the public institutions which are not state bodies.

2. Procedure for provision of paid services

5. The public institutions which are not state bodies in places of rendering paid services to consumers shall have visually provided following information:

1) the these rules stated in full (without reducings);

2) the list of the paid services rendered by these public institutions which are not state bodies with indication of terms of consideration of the applications;

3) the price list of the prices of the provided services approved by Authorized body.

6. The public institutions which are not state bodies render paid services based on the oral or written address of the consumer.

7. Collection of the payment which is not provided by the price list is forbidden.

3. The rights and obligations of the public institutions which are not state bodies and consumers when rendering (obtaining) paid services

8. The public institutions which are not state bodies shall:

1) in evident and available form to provide to consumers necessary and reliable information;

2) to give exhaustive free consultations to consumers on the questions relating to the rendered paid services;

3) to provide services in full, on the price and in the terms provided by the price list.

9. Consumers shall:

1) to make payment for the services rendered by the public institutions which are not state bodies;

To report 2) to organizations the details:

legal entities - the name of the organization, the location, payment details, RNN;

physical persons - surname, name, middle name, the place of residence, birth date and birth place, RNN.

10. The public institutions which are not state bodies by provision of paid services have the right to require advance payment of services.

11. In case of failure to provide or inadequate provision of paid service the consumer has the right to appeal actions of the public institution which is not state body, according to the procedure, established by the legislation.

4. Procedure for representation and consideration of the prices of paid services of the public institutions which are not state bodies

12. The prices of paid services of the public institutions which are not state bodies are created by them independently according to these rules and affirm Authorized bodies under which authority data of organization are.

13. The price approval on paid services or their change is made not more often than once a quarter.

The approved prices are entered from 1 number of the beginning of the forthcoming quarter.

14. Authorized bodies have the right to request additional materials which organizations shall submit within three-day term from the moment of receipt of request.

The price approval is performed in the following procedure:

1) the public institutions which are not state bodies represent projects of the prices to Authorized bodies in 45 calendar days prior to the beginning of quarter;

2) authorized bodies in 20-day time from the date of receipt of all materials, necessary for price approval, consider introduced drafts and make relevant decisions.

15. Projects of the prices are represented in the form of drafts of the price lists containing the title page, the Section "General Instructions", the table of the prices.

16. Are applied to drafts of price lists:

1) the explanatory note in which need of approval or price review, reasons for collection of payment for the rendered services is proved;

2) the specifications and technical documentation on rendering services;

3) the approved funding plan for previous period (year, quarter);

4) aggregated data for calculation of the project of the prices for form 1 (appendix 1);

5) calculations of structure of costs on each type of service in form 2 (appendix 2);

6) disaggregations according to cost items (appendices 3, 4);

7) time regulations approved by Authorized bodies according to the procedure, established by the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan.

17. Each sheet of the settlement and proving materials is signed by the head and the chief accountant of the public institution which is not state body.

5. Procedure for pricing on paid services of the public institutions which are not state bodies

18. When pricing on the paid services rendered by the public institutions which are not state bodies the costs conforming to Accounting standards, the tax legislation taking into account the restrictions provided by these rules are considered.

Reporting data in the represented materials are filled in based on indicators of the corresponding forms of Accounting standards.

19. When pricing as a part of costs the expenses connected with rendering services which can be directly are considered and are directly included in cost of the rendered services:

1) material costs (raw materials and materials, purchased products and semifinished products, auxiliary materials).

The material costs included in the prices are determined proceeding from consumption rates of raw materials, materials, the electric power on release of unit of production approved or which passed expert evaluation of Authorized body if the legislation does not provide other procedure for their approval.

The cost of material costs is considered in price calculation without the value added tax;

2) the compensation of employees of organizations applied according to wages system of the employees of public institutions who are not government employees, according to the procedure, established by the legislation;

3) other costs involved directly when rendering paid services.

20. When calculating expenses on compensation the actual number of workers, but not exceeding normative is considered.

The normative number of workers and standard rates of time for paid services of organizations, affirm Authorized body according to the procedure, established by the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan.

21. When pricing on paid services of the public institutions which are not state bodies the expenses which are not connected directly with rendering paid services (total and administrative expenses) and profit margin are not considered.

22. The prices of paid services of organizations are established in tenge.

6. Control of procedure for rendering paid services by the public institutions which are not state bodies

23. Authorized bodies shall perform annually checks of activities of the public institutions which are not state bodies regarding rendering and calculation of cost of paid services. By results of checks in case of identification of variations of the data provided to reasons for the prices from actual, Authorized bodies have the right to cancel the decision or to make changes to the price list.

24. Control of execution of these rules is exercised by authorized body on protection of the competition and restriction of monopolistic activities - antimonopoly authority of the Republic of Kazakhstan.

7. Responsibility for non-compliance with requirements of these rules

25. For non-execution and improper execution of requirements of these rules, and also officials of the public institutions which are not state bodies bear responsibility for provision of obviously false and false information according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

Appendix 1

to Rules of rendering paid services by the public institutions which are not state bodies, the approved order of the Agency on regulation of natural monopolies and protection of the competition of September 11, 2002 No. 185-OD

 

Address (fax, ph.)

Name of ________ organization

Founder _____________________

Aggregated data for calculation of the project of the prices

as of ____________ 200 __.

 

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