ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 16, 2016 No. 262

About approval of Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market"

According to the subitem 9) of Item 3 of Article 116 and article 119 of the Entrepreneurial code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market.

2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan and on the Internet portal of state bodies;

4) within ten working days after state registration of this order submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of June 16, 2016 No. 262

Rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market

Chapter 1. General provisions

1. These rules of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market (further – Rules) are developed according to the subitem 9) of Item 3 of Article 116 and article 119 of the Entrepreneurial code of the Republic of Kazakhstan and determine procedure for introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market.

2. Temporary state price regulation is entered in the goods markets which are not in condition of natural monopoly in case of protection of national interests of the Republic of Kazakhstan, including emergency situation, natural disaster, ensuring national security provided that the arisen problems cannot be solved by the method having smaller negative effects for competitive situation.

3. No. 18 is excluded according to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of 08.09.2022

4. Temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market is entered by the decision of antimonopoly authority based on orders of the President of the Republic of Kazakhstan or the Prime Minister of the Republic of Kazakhstan, and also on own initiative antimonopoly authority based on addresses of physical and (or) legal entities.

5. The compulsory provision of introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market is publication of the relevant decision of antimonopoly authority in mass media.

6. The decision of antimonopoly authority on introduction of temporary state price regulation becomes effective:

1) in the separate goods markets from the date of its official publication if other term is not provided in the decision of antimonopoly authority;

2) on goods, works, services of certain subjects of the market from the date of its official publication.

7. The current of term of temporary state price regulation begins on:

1) the separate goods markets - in day of official publication of the decision of antimonopoly authority if other term is not provided in the decision of antimonopoly authority;

2) goods, works, services of certain subjects of the market – in day of decision making by antimonopoly authority about price marginal establishment.

8. The term of temporary state price regulation is estimated in calendar days.

9. Before introduction of temporary state price regulation in the separate goods markets and (or) on goods, works, services of certain subjects of the market in action or during action of temporary state price regulation, the antimonopoly authority cancels earlier made decision on introduction based on the order of the President of the Republic of Kazakhstan or the Prime Minister of the Republic of Kazakhstan, and also on own initiative antimonopoly authority based on addresses of physical and (or) legal entities.

Chapter 2. Introduction of temporary state price regulation in the separate goods markets

10. In the separate goods markets are established by the decision of antimonopoly authority on introduction of temporary state price regulation:

1) goods market (description of goods, geographical boundaries of the goods market);

Marginal 2) price of the goods, works, services made (implemented) by subjects of the market in certain goods market;

3) effective period of temporary state price regulation.

11. Marginal price of the goods, works, services made (implemented) by subjects of the market in certain goods market is determined by antimonopoly authority:

1) on the basis of official statistical information of authorized body in the field of the state statistics about goods prices, works, services of the corresponding goods market;

2) in the absence of official statistical information of authorized body in the field of the state statistics - by results of information request about goods prices, works, the service and (or) subject structure of the corresponding goods market received from the representative(s) of state bodies, local executive bodies, subjects of the market, their associations, and the analysis of the specified information.

12. On information analysis results the arithmetic-mean price value on goods, works, services of the corresponding goods market for the last three calendar years, and also socio-economic factors of development of the region, country and (or) the corresponding goods market undertakes basis of ceiling determination of price for goods, works, services of the corresponding goods market.

Chapter 3. Introduction of temporary state price regulation on goods, works, services of certain subjects of the market

13. Are established by the decision of antimonopoly authority on introduction of temporary state price regulation on goods, works, services of certain subjects of the market:

1) subjects of the market, on goods, works concerning which services temporary state price regulation is entered;

2) the term of provision of documents for ceiling establishment of price for goods, works, services;

3) effective period of temporary state price regulation.

14. The decision of antimonopoly authority on introduction of temporary state price regulation in one-day time goes to goods, works, services of certain subjects of the market to appropriate subjects of the market.

15. The term of submission of documents for ceiling approval of price for goods, works, services of certain subjects of the market, cannot be more than ten calendar days from the date of enforcement of the decision of antimonopoly authority.

16. For ceiling establishment of price for goods, works, subjects of the market provide at the scheduled time services to antimonopoly authority the following documents:

1) the documents proving the expenses considered in cost of goods, work, service according to Item 17 of these rules;

2) the balance sheet in the form approved by the order of the Minister of Finance of the Republic of Kazakhstan of June 28, 2017 No. 404 (registered in the Register of state registration of regulatory legal acts for No. 15384);

3) the profit and loss statement in the form approved by the order of the Minister of Finance of the Republic of Kazakhstan of June 28, 2017 No. 404 (registered in the Register of state registration of regulatory legal acts for No. 15384);

4) the report on work on the form approved by the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of September 7, 2020 No. 34 (it is registered in the Register of state registration of regulatory legal acts No. 21183);

5) the report on financial and economic activities for the form approved by the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of February 4, 2020 No. 14 (registered in the Register of state registration of regulatory legal acts за№20008);

6) the cash flow statement according to the form approved by the order of the Minister of Finance of the Republic of Kazakhstan of June 28, 2017 No. 404 (registered in the Register of state registration of regulatory legal acts for No. 15384);

7) free data on the income and expenses, the selling prices agreed for calculation, with disaggregations according to cost items in general on the company and separately by each type;

8) data on the applied consumption rates of raw materials and materials;

9) investing programs (in the presence);

10) annual cost budget, directed to the current and capital repairs and other rescue and recovery operations;

11) calculation of the depreciation charges with indication of useful lives of fixed assets;

12) the documents confirming the actual and planned sales amount of goods, works, services;

13) the approved staff list.

At the same time, as the proving materials actual data in four quarters preceding submission of documents and for the previous calendar year are represented.

17. In case of ceiling forming of price for goods, works, services of the subject of the market in cost the expenses which are directly relating to production (realization) of goods, works, services confirmed with the proving materials are considered:

1) the material expenses determined proceeding from the prices provided in supporting documents (agreements, invoices) and physical amount of material resources proceeding from the applied consumption rates of raw materials, materials, fuel, energy of material resources on release of unit of production, goods of works, services and (or) annual regulations of material resources;

2) on compensation of personnel, including payments of surcharges and allowances for the working conditions provided by wages system according to the labor law. At the same time in case of expense determination on compensation, the actual number of personnel and the average monthly salary is taken into consideration.

Expenses on compensation of administrative personnel of subjects of the market, are limited proceeding from ratio between the maximum and minimum level of official pay rates of workers of the subject of the market which is not exceeding ten times;

3) the depreciation charges of fixed assets and intangible assets calculated on rectilinear (uniform) accrual method;

4) the funds allocated by the subject of the market for the current and capital repairs and other rescue and recovery operations which are not leading to growth of cost of fixed assets which join in costly part of the price based on supporting documents about need of such work (documentary technical confirmation of need of carrying out such works, summary estimate calculations, object, local and resource estimates (separately on each object), etc.);

5) the other production (implementable) expenses which are directly relating to the made (implementable) goods, work, service which join in marginal costly part of price based on supporting documents;

6) renumeration expenses for borrowed funds on realization of investing program (in case of its availability), the existing assets directed to expansion, recovery, updating, support, reconstruction, modernization of fixed assets, creation and acquisition of the new assets which are directly involved in rendering service on which temporary state price regulation on goods, works, services is entered;

7) on payment for issue to the environment;

8) on the obligatory types of insurance, taxes, charges and other obligatory payments in the budget considered in period expenses.

18. In case of marginal forming of price in cost the expenses which are not relating directly to production (realization) of goods, works, services, and also are not confirmed with the proving materials are not considered.

19. Ceiling forming of price for goods, works, services is performed based on the separate cost accounting by each type of goods, works, services.

20. In case of absence at the subject of the market of the separate cost accounting by types of goods, works, services, costs of the subject of the market are divided by types of implementable goods, works, services on the basis of the indirect methods providing cost determination, relating to certain type of activity of the subject of the market, realizing goods, works, services in specific weight of the income (amounts, labor costs of production personnel) in total costs of the subject of the market.

21. The profit level included in marginal price is determined by antimonopoly authority, taking into account obligations of the company for the current loans (in case of availability) attracted on expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets, creation and acquisition of the new assets which are directly involved in rendering service on which temporary state price regulation on goods, works, services is entered.

22. The antimonopoly authority by consideration of documents has the right to request the additional information from subjects of the market, necessary for decision making. In this case the term of consideration of documents stops before receipt of the additional information.

23. The term of consideration of documents of the subject of the market by antimonopoly authority for ceiling approval of price for goods, works, services shall not exceed twenty calendar days.

24. In case of non-presentation by the subject of the market at the scheduled time of the request for marginal approval of price the antimonopoly authority approves marginal price on the basis of official statistical information of authorized body in the field of the state statistics, industry state and local executive bodies about the prices of the subjects of the market performing production of similar goods, works, services in the corresponding or similar goods market.

25. In case, stipulated in Item 24 these rules, ceiling price for goods, works, services of subjects of the market undertakes from arithmetic-mean price values on goods, works, services of the corresponding goods market for the last three calendar years, and also socio-economic factors of development of the region, country and (or) the corresponding goods market.

26. The antimonopoly authority in the time of consideration of documents established by these rules makes the decision on ceiling establishment of price for goods, works, services of subjects of the market.

27. The decision on ceiling establishment of price for goods, works, services goes to one-day time to the interested subjects of the market, and also is published on Internet resource of antimonopoly authority.

 

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