LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2015 No. 312-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning natural monopolies and the controlled markets

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; The Law of the Republic of Kazakhstan of April 6, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 8, 2015):

In paragraph one of the note of Article 159 of the word "it can be exempted by the judge from confiscation of the exclusive income" shall be replaced with words 1) "it is exempted from the administrative responsibility";

"The government of the Republic of Kazakhstan" shall be replaced with words 2) in Article 167 of the word "the authorized body performing management in spheres of natural monopolies and in the controlled markets";

Article 597 to add 3) with parts 4-1 and 4-2 of the following content:

"4-1. Evasion from payment for the parking in the places equipped with the special certified devices intended for collection of payment for the parking and time management of the parking of the vehicles determined by local executive bodies of areas, cities of republican value and the capital

attracts penalty in the amount of three monthly settlement indicators.

4-2. The action provided by part of 4-1 this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of five monthly settlement indicators.";

Article 622 to state 4) in the following edition:

"Article 622. Abuse of regulations of use of public urban and suburban transport

1. The abuse of regulations of use of tram, trolleybus, bus of the city and suburban message or taxi made in the form of journey on footboards and other speakers parts of the vehicle, entrance and exit during movement, preventing to opening and closing of doors, transportations of the cutting objects without the corresponding packaging, and also the objects and things contaminating salon and clothes of passengers

attracts penalty in the amount of one monthly settlement indicator.

2. Evasion from payment for journey on public transport

- attracts penalty in the amount of two monthly settlement indicators.";

5) the subitem 1) of article 804 part three after figures "622" to add with words "(part one)".

2. In the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 16, Art. 214; 1999, No. 19, Art. 646; 2000, No. 3-4, of Art. 66; 2001, No. 23, Art. 309; 2002, No. 23-24, of Art. 193; 2004, No. 14, Art. 82; No. 23, Art. 138, 142; 2006, No. 2, Art. 17; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 13, Art. 87; 2007, No. 3, Art. 20; No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 11-12, of Art. 54; No. 13-14, of Art. 62; No. 18, Art. 84; 2010, No. 5, Art. 20, 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 112; No. 16, Art. 129; 2012, No. 2, Art. 9, 15; No. 3, Art. 21; No. 4, Art. 30; No. 11, Art. 80; No. 12, Art. 85; No. 15, Art. 97; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 64; No. 14, Art. 87; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 23, Art. 143):

1) in Article 3:

3) and 4) to state subitems in the following edition:

"3) public hearings - the procedure of discussion of the project of rate (the price, rate of charge) or its limit on regulated services (goods, works) of the subject of natural monopoly, and also the project of goods price (work, service) the subject of the controlled market in the field of power industry with the invitation of deputies of Parliament of the Republic of Kazakhstan, maslikhats, representatives of local government bodies, state bodies, consumers and their public associations, independent experts, mass media and subjects of natural monopolies;

4) investing program - the program of investment and return of the funds allocated for expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets, creation of new assets of the subject of natural monopoly, the controlled market, for the short-term, medium-term or long-term periods for the purpose of receipt of technical and economic effect, including one or several investment projects;";

7) to exclude the subitem;

8) to state the subitem in the following edition:

"8) the subject of natural monopoly of low power - the subject of natural monopoly enabling rendering of services:

on production, transfer, distribution and (or) supply with heat energy from heating boiler rooms with general installed capacity to twenty Gcal/hour inclusive;

water supply and (or) water disposal in amount to five hundred thousand cubic meters a year;

on water supply for irrigation in amount to thirty million cubic meters a year;

in the field of sidings in amount to fifty thousand the car/km, car/hour;

on transfer and (or) distribution of electrical energy in amount to twenty five million kW · hour a year.

The subject of natural monopoly on regulated service, the income from which does not exceed five percent of the income from all regulated services of the subject of natural monopoly in one calendar year, also concerns the subject of natural monopoly of low power. At the same time on the remained regulated services the subject of natural monopoly does not concern the subject of natural monopoly of low power;";

exclude subitem 12-1);

add with subitem 12-3) of the following content:

"12-3) advisory council - the body created for the purpose of carrying out the analysis and examination of projects of rates (the prices, rates of charges) and tariff estimates of subjects of natural monopolies which part independent experts are;";

13) and 22) to state subitems in the following edition:

"13) strategic goods - the coal, gas, fuel oil, diesel fuel used in fuel quality for production of heat energy by subjects of natural monopolies, electrical energy - for subjects of natural monopolies in spheres of transfer and distribution of electrical energy, water supply and (or) water disposal, heat energy - for subjects of natural monopolies in the field of heat supply and for normative losses in the field of transfer and (or) distribution of heat energy, gas - for own needs and losses for subjects of natural monopolies in the field of gas transportation or gas condensate on the bulk and (or) distribution pipelines, purchased water - for subjects of natural monopolies in spheres of water supply, production of heat energy;";

"22) limit of rate (the price, rate of charge) - the maximum size of rate (the price, rate of charge) on regulated service (goods, work) of the subject of natural monopoly approved for the long-term period, if necessary with breakdown by years;";

23) to exclude the subitem;

24) to state the subitem in the following edition:

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