ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 19, 2012 No. 107

About approval of Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies

According to the subitem 3) of article 7 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of January 19, 2012 No. 107

Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies

1. General provisions

These rules of provision of equal conditions of access to regulated services (further - Rules) are developed according to the Water Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About natural monopolies and the controlled markets", "About power industry", "About rail transport", "About use of airspace of the Republic of Kazakhstan and activities of aircraft", "About merchant shipping" and determine procedure and the general principles of ensuring equal access for consumers to regulated services (goods, works) of subjects of the natural monopolies (dalee-Subjekty) rendering regulated services in the field of transfer and (or) distributions of electrical energy, production of heat energy, transfer and (or) distribution of heat energy and technical scheduling of leave in network and consumption of electrical energy, the high-level railway system, sidings, the airports, ports and air navigation oil transportations and (or) oil products on bulk distribution lines, storages, gas transportation or gas condensate on the bulk and (or) distribution pipelines, operation of gas-distributing installations and the related gas-distributing gas pipelines and water supply and water disposal of systems (further - services).

1. These rules do not extend to cases of provision of services taking into account the privileges and benefits established by the legislation of the Republic of Kazakhstan.

2. In Rules the following concepts are applied:

1) the air operator certificate of civil aircrafts - the document issued by authorized body in the field of civil aviation, certifying the operator's compliance to Rules of certification of operators of civil aircrafts and to certified requirements;

2) the certificate on state registration of the civil aircraft - the document of the established sample issued by authorized body in the field of civil aviation and confirming entering of the civil aircraft into the State register of civil aircrafts of the Republic of Kazakhstan;

3) the certificate of the flight validity of the civil aircraft - the document issued by authorized body in the field of civil aviation, certifying compliance of the civil aircraft to airworthiness standards;

4) the telecom operator - the physical person or legal entity which obtained the license for communication provision of services according to the procedure, the established legal act of the Republic of Kazakhstan for licensing;

5) bare-boat charter - agreement type of chartering on which the freighter shall for the caused payment (freight) to provide to the freighter in ownership and use for certain term the vessels or several vessels which are not equipped and not staffed by crew for transportation of passengers, baggage and loads and other purposes of merchant shipping;

6) the metering device - the technical device intended for accounting of amount of consumption of regulated utilities (goods, works), allowed for use in the procedure established by the legislation;

7) limited handling capacity of siding - the maximum quantity of cars which can be passed on specific siding in unit of time (days, hour) depending on its technical equipment;

8) competent authority - the state body performing management of the corresponding industry (sphere) of public administration;

9) limited handling capacity to the main railway setimaksimalnoa the number 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;

10) the operator - the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

11) regulated services - the services (goods, works) provided by subjects of natural monopolies in the field of natural monopoly and which are subject to state regulation by authorized body according to the legislation on natural monopolies, including cases of provision of services (goods, works) in the form of transfer of certain goods to the consumer;

12) the slot - time allocated at the airport for accomplishment of transactions of arrival or departure of the aircraft of airline in certain date or the period;

13) access to services of subjects of natural monopolies - possibility of consumers of subjects of natural monopolies to use regulated services (goods, works) of subjects of natural monopoly on conditions is at least favorable, than those on which the similar service is provided to other consumers;

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

16) Aeronautical Information Publication - The collection of Aeronautical Information - the collection of aeronautical information of the Republic of Kazakhstan (further - AIP);

17) Aeronautical Information Circular - The bulletin of aeronautical information - the circular letter of aeronautical information (further - AIC);

18) NOtice To AirMen (further - NOTAM) - the notice containing information on introduction in system or to change of any aeronautical equipment (or, regulations of its work), servicing and rules of flights; or, information on danger, the timely prevention which is important for safety of flights;

19) the Representative - the organizations making payment for aeronautical servicing of aircrafts of foreign Operators;

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

3. For receipt of access to regulated services the consumer sends to the subject the written appeal (the request, the statement).

4. The written address (the request, the statement) consumers on receipt of access to regulated services is adopted by subjects on equal terms, irrespective of the declared amounts or other conditions of consumption of services.

5. The written address (the request, the application) the consumer is considered within 10 working days from the moment of receipt of documents. The subject of natural monopolies sends to the specified time to the consumer the answer about provision of access to regulated services, or refusal in provision of access to regulated services with appendix of the motivated conclusion.

6. Observance by consumers of the conditions determined by these rules is the basis for the conclusion between subjects and consumers of the service provision agreements developed based on the standard agreements approved by the order of the Government of the Republic of Kazakhstan of November 28, 2003 No. 1194.

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