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

of February 11, 2010 No. 44-OD and of February 15, 2010 No. 53

About approval of criteria for evaluation of degree of risks in spheres of natural monopolies

For the purpose of realization of Items 1 and 2 of article 38 of the Law of the Republic of Kazakhstan "About private entrepreneurship" we ORDER:

1. Approve the enclosed Criteria for evaluation of degree of risks in spheres of natural monopolies.

2. And claim work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Urinbayev M. D.) to provide to inspection department 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:

To provide 1) in the procedure established by the legislation its official publication and placement on the official site of the Agency of the Republic of Kazakhstan on regulation of natural monopolies;

2) to bring this order to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies.

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 Kudaybergenov E. K.

5. This order becomes effective from the date of state registration and becomes effective after ten calendar days after its first official publication.

Approved by the joint order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and the Minister of Economy and Budget Planning of the Republic of Kazakhstan of February 11, 2010 No. 44-OD and of February 15, 2010 No. 53

Criteria for evaluation of degree of risks in spheres of natural monopolies

1. These Criteria for evaluation of degree of risks in spheres of natural monopolies (further - Criteria) are developed according to the Law of the Republic of Kazakhstan "About private entrepreneurship" and determine set of quantitative and qualitative indexes of risks based on which assessment and reference of subjects of natural monopolies is performed (further - Subjects) to different risk degrees.

2. These Criteria do not extend to the Subjects who are individual entrepreneurs without formation of legal entity with the annual average number of workers no more than fifty people and legal entities performing private entrepreneurship with annual average number of workers no more than fifty people and annual average asset cost in year not over the sixty-thousandfold monthly settlement indicator established by the law on the republican budget for the corresponding financial year.

3. The risk in these Criteria is understood as probability of damnification as a result of activities of Subjects to valuable interests of consumers, and also infringements of the rights of consumers to use of regulated services (goods, works) Subjects established by legal acts of the Republic of Kazakhstan taking into account severity of their effects.

4. The risks assessment for the purpose of distribution of Subjects on degrees of risks is performed based on Qualitative indexes of assessment of degree of risks (further - Qualitative indexes), according to appendix to these Criteria.

5. On each violation specified in Qualitative indexes in case of its availability the corresponding point is appropriated.

If action or failure to act of the Subject falls under action of several Qualitative indexes, points are summed up.

6. Points on Qualitative indexes are summed up for determination of general total result.

7. Total results of result are used for differentiation of Subjects on degrees of risks.

8. Differentiation of Subjects on degrees of risks is performed as follows:

the Subjects which gained from 31 and more points concern group of high risk;

to group of average risk degree - from 11 to 30 points;

to group of insignificant risk degree - from 0 to 10 points.

9. If any violations of the law about natural monopolies and the controlled markets entailed receipt of the income (revenue) by the Subject, such Subject irrespective of the amount of the appropriated points treats high risk.

10. The subjects which underwent to check are subject to repeated risks assessment based on Qualitative indexes for the purpose of their distribution on degrees of risks.

11. The number of the planned checks is determined proceeding from results of the carried-out risks assessment of Subjects and the number of the officials of authorized body performing checks.

12. Selection of Subjects in one risk group is performed by authorized body by the following principles:

1) the plan of checks joins the Subject having the greatest unchecked period (in case of determination of the unchecked period unscheduled thematic inspections are not taken into account);

2) the plan of checks joins the Subject which gained the largest score;

3) if the considered Subjects in the listed parameters will be on an equal footing, the plan of checks joins the Subject having the largest size of gross annual income from rendering regulated types of activity.

Appendix

to Criteria for evaluation of degree of risks in spheres of natural monopolies

See Appendix (11Kb In original language)

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