of February 28, 2017 No. 88
About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332 "About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and the controlled markets"
I ORDER:
1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332 "About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and the controlled markets" (registered in the Register of state registration of regulatory legal acts for No. 14167, published in information system of law of Ad_let on September 9, 2016) the following changes:
state heading in the following edition:
"About approval of criteria for evaluation of risk degree and checking sheets in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market";
state Item 1 in the following edition:
"1. Approve:
1) criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market, according to appendix 1 to this order.
2) checking leaf in spheres of natural monopolies, according to appendix 2 to this order.
3) checking leaf behind observance of procedure for pricing and obligations of the subject of the socially significant market, according to appendix 3 to this order.";
in Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and the obligations of the subject of the socially significant market approved by the specified order:
state the name in the following edition:
"Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market";
state Item 1 in the following edition:
"1. These criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market (further – Criteria) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further – the Law) and the Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of the risk assessment approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 722 (the state registration of regulatory legal acts registered in the Register for No. 12389).";
state Item 2 in the following edition:
"2. In these Criteria the following concepts are used:
1) the subject of control – individual entrepreneurs and legal entities, including the branches and representations of legal entities which are subjects of natural monopoly and (or) the socially significant markets;
2) risk in the field of provision of services (goods, works) referred to natural monopolies and the socially significant markets – probability of damnification to legitimate interests of physical persons and legal entities;
3) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on results of activities of the specific checked subject (object);
4) system of risks assessment – the complex of actions held by control facility and supervision for the purpose of purpose of checks;
5) gross violation is the unreasonable income (revenue) gained by subjects of natural monopolies and the socially significant markets as a result of violation of the law of the Republic of Kazakhstan about natural monopolies;
6) considerable violations – non-execution or improper execution by subjects of natural monopolies and the socially significant markets of the obligations and restrictions regulated by the legislation of the Republic of Kazakhstan on natural monopolies, except for the obligations and restrictions providing receipt of the unreasonable income (revenue);
7) insignificant violations – inadequate placement, bringing to data and the consumer notification and provision by subjects of natural monopolies and the socially significant markets of information, report, notifications, except for the directions of the prior notice according to article 18-1 of the Law which belongs to considerable violations, the data, non-compliance with standards of rendering services and not carrying out annual audit;
8) the checking sheet – the list of requirements including only those requirements to activities of the checked subjects which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.";
state Item 6 in the following edition:
"6. Based on the available information sources subjective criteria are subdivided into three extents of violation: rough, considerable, insignificant.
Subjective criteria are determined for subjects of natural monopolies according to appendix 1 and behind observance of procedure for pricing and obligations of the subject of the socially significant market according to appendix 2 to these Criteria.";
state appendices 1 and 2 in edition, according to appendices 1 and 2 to this order;
to state the checking leaf in the field of natural monopolies approved by the specified order in edition according to appendix 3 to this order;
to state the checking leaf in the field of the controlled markets approved by the specified order in edition according to appendix 4 to this order.
2. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan to provide 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) within ten calendar days from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and 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;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan 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 after ten calendar days after day of its first official publication.
Minister of national economy of the Republic of Kazakhstan
T. Suleymenov
|
It is approved Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan February 28, 2017 |
_____________________ B. Musin |
to the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 88
Appendix 1
to Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market
Subjective criteria for subjects of natural monopolies
|
№ |
Subjective criteria |
Extent of violation |
|
By results of the previous checks | ||
|
1 |
Bringing to data of information user on change of rates (the prices, rates of charges) or their limits not later than thirty calendar days before their introduction in action, and subject of natural monopoly of low power – not later than fifteen calendar days before their introduction in action |
Insignificant |
|
2 |
Availability of provision of credit information in credit bureau with the state participation, in case of rendering utilities by the subject of natural monopoly |
Insignificant |
|
3 |
The direction of the notification on rendering the service which is technologically connected with regulated services (goods, works) in authorized body, at least in fifteen calendar days prior to its implementation |
Rough |
|
4 |
Observance of prohibition on transfer belonging on the property right or other legal cause of the property used in production cycle in case of production and (or) provision of regulated services (goods, works) in trust management, property hiring (lease), including leasing |
Considerable |
|
5 |
Observance of prohibition on concession of the right to claim connected with the provided regulated services (goods, works) |
Considerable |
|
6 |
Observance of prohibition about inclusion in rates (the prices, rates of charges) or their limits on regulated services (goods, works) of the costs which are not connected with their provision |
Rough |
|
7 |
Observance of prohibition on assumption of inappropriate use of the means provided in investing programs (projects) |
Rough |
|
8 |
Observance of prohibition about recognition by trade secret of information: containing in the tariff estimate, about purchase costs and installation of metering devices of regulated utilities and the mechanism of collection of payment, acquisition and installation of metering devices of regulated utilities, about the provided regulated utilities (goods, works) |
Considerable |
|
9 |
Availability of documentation on the direction on ensuring energy saving and increase in energy efficiency, creation new, expansion, recovery, updating, support, reconstruction and modernization of production assets at least fifty percent of the underused part of the costs pledged in the tariff estimate which resulted from economy of costs in connection with application of more effective methods and technologies, holding actions for decrease in normative technical losses or reducing amounts of the rendered regulated services in the reasons which are not depending on the subject of natural monopolies or by results of holding competitive (tender) procedures |
Considerable |
|
10 |
Implementation of purchases of services (goods, works), costs for which are considered in case of approval of rate (the price, rate of charge) or its limit and tariff estimates on regulated services (goods, works) of the subject according to the procedure, established by the Law or other legal acts of the Republic of Kazakhstan |
Rough |
|
11 |
Conducting separate accounting of the income, costs and the involved assets by each type of regulated services (goods, works) and in general on other activities according to the procedure, approved by authorized body |
Considerable |
|
12 |
Execution of the tariff estimate, except for the independent order of the underused part of the costs pledged in the tariff estimate which resulted from economy of costs in connection with application of more effective methods and technologies, implementation of the actions plan on energy saving and increase in energy efficiency developed following the results of energy audit, holding actions for decrease in normative technical losses or reducing amounts of the rendered regulated services in the reasons which are not depending on the subject of natural monopoly or to results of holding competitive (tender) procedures, except for the means used according to subitem 4-1) of part one of article 7 of the Law |
Considerable |
|
13 |
The conclusion according to the standard agreements approved by authorized body of individual contracts with consumers for each type of the provided regulated utilities (goods, works) and also on each type and (or) set of other provided regulated services (goods, works) |
Considerable |
|
14 |
The conclusion according to the standard agreements of cooperation approved by the order of the Government of the Republic of Kazakhstan, contracts of cooperation with governing body of object of condominium for each type of the regulated utilities (goods, works) provided to them |
Considerable |
|
15 |
Decrease according to the procedure, established by authorized body, rates (the prices, rates of charges) or their limits on the provided regulated services (goods, works) for all consumers in case of corresponding change of the tax legislation of the Republic of Kazakhstan as a result of which the cost of costs of the subject of natural monopolies decreases, from the date of enforcement of the specified changes |
Considerable |
|
16 |
Availability of documentation on property acquisition, intended for production and provision of regulated services (goods, works), at the biddings in the form of the tender, except as specified cessions of property in property of the state |
Considerable |
|
17 |
Availability of the approved technique of conducting separate accounting of the income, costs and the involved assets by types of regulated services of subjects of natural monopolies |
Considerable |
|
18 |
Execution of the investing programs (projects) approved in accordance with the established procedure and the priority direction of the funds provided by investing program (project), for recovery, updating, expansion, support of the existing assets, reconstruction, modernization of fixed assets of the subject of natural monopolies |
Considerable |
|
19 |
Not assumption of availability of above-standard losses |
Considerable |
|
20 |
Decrease in level of normative technical losses at size and in the terms determined by authorized body |
Considerable |
|
21 |
Submission to authorized body of the prior notice or petition for consent on implementation of actions, the stipulated in Article 18-1 Law |
Considerable |
|
22 |
Availability of documentation on return of means from recalculation of cost of services in heat supply taking into account the actual temperature of outside air directly to consumers or in case of impossibility of establishment of the location of the consumer by decrease in rate (the price, rate of charge) in case of payment for services of heat supply |
Considerable |
|
23 |
Provision by the created subject no later than nine months from the date of approval of rates (the prices, rates) and tariff estimates on regulated services (goods, works) of the request for their review |
Rough |
|
24 |
Provision of regulated services (goods, works) on rates (the prices, rates of charges) approved by authorized body, except as specified, provided by subitem 2-3) of part one of article 7 of the Law |
Rough |
|
25 |
Observance of prohibition on collection for regulated services (goods, works) of the payment exceeding the size established by authorized body |
Rough |
|
26 |
Observance of prohibition on collection of the additional fare which is not provided by the Law or other imposing of additional obligations which on the content do not concern subject of the rendered regulated services (transfer of financial resources and other property, property rights and others) |
Rough |
|
27 |
Observance of prohibition on imposing of conditions of access to regulated services (goods, works) of Subjects of natural monopolies or making of other actions leading to discrimination of consumers |
Rough |
|
28 |
Observance of prohibition on refusal in provision of regulated services (goods, works) to fair consumers in connection with non-payment unfair consumers of the used amount of regulated services (goods, works) |
Considerable |
|
29 |
Observance of prohibition upon the demand of payment of the provided regulated services (goods, works) which are not conforming to quality requirements of regulated services (goods, works) established by state bodies within their competence |
Considerable |
|
30 |
Ensuring general consumer service of regulated services (goods, works) according to quality requirements of the provided regulated services (goods, works) |
Considerable |
|
31 |
Ensuring acceptance of payments from consumers for the regulated utilities (goods, works) provided by the subject of natural monopolies through own cash desks, and also the banks and the organizations performing separate types of banking activities Internet resources and (or) terminals. This requirement does not extend to subjects of the natural monopolies specified in Item 3 of article 15 of the Law |
Considerable |
|
32 |
Provision of equal conditions to consumers of regulated services (goods, works), except cases of provision of regulated services (goods, works) taking into account the privileges and benefits established by the legislation of the Republic of Kazakhstan, including equal conditions of access to regulated services (goods, works) according to the procedure, approved by authorized body, except for access to products transportation services on bulk distribution lines which procedure is established by the Law of the Republic of Kazakhstan "About the bulk distribution line" |
Considerable |
|
33 |
Provision, in case of approval of limit of rate (the price, rate of charge) for all consumers of regulated services (goods, works) on the single price levels (the prices, rates of charges) which are not exceeding limit of rate (the price, rate of charge) |
Rough |
|
34 |
Acquisition and installation to consumers of metering devices of regulated utilities (goods, works) according to the agreements signed with consumers |
Considerable |
|
35 |
Collection of payment, for the provided regulated utilities (goods, works) on average monthly indications of metering devices, in case of metering device exit out of operation |
Considerable |
|
36 |
Non-admission of violation of the rights of consumers in case of the conclusion of contracts for provision of regulated services (goods, works) |
Considerable |
|
37 |
Provision of regulated services in limits of rate (the prices, rates of charges) approved by authorized body taking into account the case provided by subitem 3-1) of part one of article 7 of the Law |
Rough |
|
38 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of transfer and (or) distribution of electrical energy |
Insignificant |
|
39 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of production, transfer, distribution and (or) supply with heat energy, except for the heat energy developed with use of heat of soil, ground waters, the rivers, reservoirs, exhaust water of industrial enterprises and power plants, sewer treatment facilities |
Insignificant |
|
40 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of water supply and (or) water disposal |
Insignificant |
|
41 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of the high-level railway system |
Insignificant |
|
42 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of sidings in the absence of competitive siding |
Insignificant |
|
43 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of provision in property hiring (lease) or use of the cable sewerage |
Insignificant |
|
44 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of storage, transportation of commodity gas on connecting, trunk gas pipelines and (or) gas-distribution systems, operation of group reservoir installations, and also transportation of sour gas through connecting gas pipelines, except for transportations of commodity gas for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan |
Insignificant |
|
45 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of the airports |
Insignificant |
|
46 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of seaports |
Insignificant |
|
47 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of air navigation |
Insignificant |
|
48 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan |
Insignificant |
|
By results of the monitoring of the reporting and data represented by the checked subject (severity is established in case of non-compliance with following requirements) | ||
|
49 |
Provision upon the demand of authorized body of the financial reporting and necessary information |
Insignificant |
|
50 |
Provision during realization of investing program (project), the performance report of investing program (project) till May 1 of the year following the accounting period |
Insignificant |
|
51 |
Provision of the annual performance report of the tariff estimate till May 1 of the year following the accounting period |
Insignificant |
|
52 |
Placement in mass media, and also on the Internet resource or Internet resource of authorized body of the performance report of investing program (project) no later than July 1 of the year following the accounting period |
Insignificant |
|
53 |
The notification of authorized body and consumers about reduction of tariffs (the prices, rates of charges) not later than ten days before their introduction in action |
Insignificant |
|
54 |
Provision in a month from the date of receipt of the relevant requirement of economically reasonable calculations by the subject of natural monopolies and information in the same amount, as in case of application for approval of new rate (the price, rate of charge), in case of review of rates (the prices, rates of charges) or their limits and tariff estimates at the initiative of authorized body |
Insignificant |
|
On analysis results of official Internet resources and mass media (severity is established in case of non-compliance with following requirements) | ||
|
55 |
Carrying out statutory annual audit by auditing organizations for subjects of natural monopolies which are joint-stock companies, with placement on Internet resource of the subject of natural monopolies its publication in periodic printing editions |
Insignificant |
|
56 |
Placement on the Internet resource or Internet resource of authorized body of the performance report of the tariff estimate |
Insignificant |
|
57 |
Placement on the Internet resource of quarterly information on availability of free and available capacities, reservoir, places, handling capacities of networks of regulated utilities (goods, works), and also the scheme of engineering communications |
Insignificant |
|
58 |
Ensuring submission of data on engineering communications on requests, including on the Internet resource |
Insignificant |
|
59 |
Carrying out the annual activities report on provision of regulated services (goods, works) before consumers and other interested persons with reasons and placement them in mass media, and also on the Internet resource or Internet resource of authorized body, no later than five calendar days from the moment of carrying out the report |
Considerable |
|
60 |
The consumer notification of times a half-year about course of execution of investing programs (projects), tariff estimates through the Internet resource or Internet resource of authorized body |
Insignificant |
to the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 88
Appendix 2
to Criteria for evaluation of risk degree in spheres of natural monopolies and behind observance of procedure for pricing and obligations of the subject of the socially significant market
Subjective criteria behind observance of procedure for pricing and obligations of the subject of the socially significant market
|
№ |
Subjective criteria |
Extent of violation |
|
By results of the previous checks (severity is established in case of non-compliance with following requirements) | ||
|
1 |
The notification of authorized body, performing management in spheres of natural monopolies, in writing, at least in thirty calendar days about the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with provision of the proving materials confirming the increase reasons |
Insignificant |
|
2 |
Observance of procedure for pricing in the public significant market |
Rough |
|
3 |
Return of the income gained and which is not used on realization of investing programs (projects) considered in marginal prices, directly to consumers or in case of impossibility of establishment of the complete list of consumers by decrease in ceiling level of price for the forthcoming period according to procedure for pricing on the socially significant markets |
Rough |
|
4 |
Return of income gained as a result of price marginal unreasonable exceeding, directly to consumers no later than thirty calendar days from the moment of establishment of such fact by the authorized body performing management in spheres of natural monopolies or by decrease in ceiling level of price for the forthcoming period according to procedure for pricing in the socially significant markets in case of impossibility of establishment of the complete list of consumers |
Rough |
|
By results of the monitoring of the reporting and data represented by the checked subject (severity is established in case of non-compliance with following requirements) | ||
|
5 |
Timely provision in authorized body of the quarterly financial reporting according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting |
Insignificant |
|
6 |
Timely provision in authorized body of monthly information on production volumes (realization), level of profitability and selling prices of the made (implementable) goods (works, services) in the form approved by authorized body |
Insignificant |
|
7 |
Execution of actions of investing program (project), pricing in the socially significant markets |
Rough |
|
8 |
Timely provision in authorized body according to its requirement of information necessary for conducting examination of the price, on paper and (or) electronic carriers |
Insignificant |
|
9 |
Timely provision of semi-annual information on execution or non-execution of the investing program (project) considered in marginal price in the form approved by authorized body and placement in mass media |
Considerable |
to the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 88
Appendix 3
to the Order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332
Checking leaf in the field of natural monopolies
in the relation ____________________________________________________________________
The state body which appointed check ______________________________________
________________________________________________________________________________
Act of purpose of check ________________________________________________________
(No., date)
The name of the checked subject ______________________________________________
________________________________________________________________________________
IIN, BIN of the checked subject __________________________________________________
________________________________________________________________________________
Location address __________________________________________________________
________________________________________________________________________________
|
№ |
List of requirements |
It is required |
It is not required |
Conforms to requirements |
Does not conform to requirements |
|
1 |
Bringing to data of information user on change of rates (the prices, rates of charges) or their limits not later than thirty calendar days before their introduction in action, and subject of natural monopoly of low power – not later than fifteen calendar days before their introduction in action |
|
|
|
|
|
2 |
Availability of provision of credit information in credit bureau with the state participation in case of rendering utilities by the subject of natural monopoly |
|
|
|
|
|
3 |
The direction of the notification on rendering the service which is technologically connected with regulated services (goods, works) in authorized body, at least in fifteen calendar days prior to its implementation |
|
|
|
|
|
4 |
Observance of prohibition on transfer belonging on the property right or other legal cause of the property used in production cycle in case of production and (or) provision of regulated services (goods, works) in trust management, property hiring (lease), including leasing |
|
|
|
|
|
5 |
Observance of prohibition on concession of the right to claim connected with the provided regulated services (goods, works) |
|
|
|
|
|
6 |
Observance of prohibition about inclusion in rates (the prices, rates of charges) or their limits on regulated services (goods, works) of the costs which are not connected with their provision |
|
|
|
|
|
7 |
Observance of prohibition on assumption of inappropriate use of the means provided in investing programs (projects) |
|
|
|
|
|
8 |
Observance of prohibition about recognition by trade secret of information: containing in the tariff estimate, about purchase costs and installation of metering devices of regulated utilities and the mechanism of collection of payment, acquisition and installation of metering devices of regulated utilities, about the provided regulated utilities (goods, works) |
|
|
|
|
|
9 |
Availability of documentation on the direction on ensuring energy saving and increase in energy efficiency, creation new, expansion, recovery, updating, support, reconstruction and modernization of production assets at least fifty percent of the underused part of the costs pledged in the tariff estimate which resulted from economy of costs in connection with application of more effective methods and technologies, holding actions for decrease in normative technical losses or reducing amounts of the rendered regulated services in the reasons which are not depending on the subject of natural monopolies or by results of holding competitive (tender) procedures |
|
|
|
|
|
10 |
Implementation of purchases of services (goods, works), costs for which are considered in case of approval of rate (the price, rate of charge) or its limit and tariff estimates on regulated services (goods, works) of the subject according to the procedure, established by the Law or other legal acts of the Republic of Kazakhstan |
|
|
|
|
|
11 |
Conducting separate accounting of the income, costs and the involved assets by each type of regulated services (goods, works) and in general on other activities according to the procedure, approved by authorized body |
|
|
|
|
|
12 |
Execution of the tariff estimate, except for the independent order of the underused part of the costs pledged in the tariff estimate which resulted from economy of costs in connection with application of more effective methods and technologies, implementation of the actions plan on energy saving and increase in energy efficiency developed following the results of energy audit, holding actions for decrease in normative technical losses or reducing amounts of the rendered regulated services in the reasons which are not depending on the subject of natural monopoly or to results of holding competitive (tender) procedures, except for the means used according to subitem 4-1) of part one of article 7 of the Law |
|
|
|
|
|
13 |
The conclusion according to the standard agreements approved by authorized body of individual contracts with consumers for each type of the provided regulated utilities (goods, works) and also on each type and (or) set of other provided regulated services (goods, works) |
|
|
|
|
|
14 |
The conclusion according to the standard agreements of cooperation approved by the order of the Government of the Republic of Kazakhstan, contracts of cooperation with governing body of object of condominium for each type of the regulated utilities (goods, works) provided to them |
|
|
|
|
|
15 |
Decrease according to the procedure, established by authorized body, rates (the prices, rates of charges) or their limits on the provided regulated services (goods, works) for all consumers in case of corresponding change of the tax legislation of the Republic of Kazakhstan as a result of which the cost of costs of the subject of natural monopolies decreases, from the date of enforcement of the specified changes |
|
|
|
|
|
16 |
Availability of documentation on property acquisition, intended for production and provision of regulated services (goods, works), at the biddings in the form of the tender, except as specified cessions of property in property of the state |
|
|
|
|
|
17 |
Availability of the approved technique of conducting separate accounting of the income, costs and the involved assets by types of regulated services of subjects of natural monopolies |
|
|
|
|
|
18 |
Execution of the investing programs (projects) approved in accordance with the established procedure and the priority direction of the funds provided by investing program (project), for recovery, updating, expansion, support of the existing assets, reconstruction, modernization of fixed assets of the subject of natural monopolies |
|
|
|
|
|
19 |
Not assumption of availability of above-standard losses |
|
|
|
|
|
20 |
Decrease in level of normative technical losses at size and in the terms determined by authorized body |
|
|
|
|
|
21 |
Submission to authorized body of the prior notice or petition for consent on implementation of actions, the stipulated in Article 18-1 Law |
|
|
|
|
|
22 |
Availability of documentation on return of means from recalculation of cost of services in heat supply taking into account the actual temperature of outside air directly to consumers or in case of impossibility of establishment of the location of the consumer by decrease in rate (the price, rate of charge) in case of payment for services of heat supply |
|
|
|
|
|
23 |
Provision by the created subject no later than nine months from the date of approval of rates (the prices, rates) and tariff estimates on regulated services (goods, works) of the request for their review |
|
|
|
|
|
24 |
Provision of regulated services (goods, works) on rates (the prices, rates of charges) approved by authorized body, except as specified, provided by subitem 2-3) of part one of article 7 of the Law |
|
|
|
|
|
25 |
Observance of prohibition on collection for regulated services (goods, works) of the payment exceeding the size established by authorized body |
|
|
|
|
|
26 |
Observance of prohibition on collection of the additional fare which is not provided by the Law or other imposing of additional obligations which on the content do not concern subject of the rendered regulated services (transfer of financial resources and other property, property rights and others) |
|
|
|
|
|
27 |
Observance of prohibition on imposing of conditions of access to regulated services (goods, works) of Subjects of natural monopolies or making of other actions leading to discrimination of consumers |
|
|
|
|
|
28 |
Observance of prohibition on refusal in provision of regulated services (goods, works) to fair consumers in connection with non-payment unfair consumers of the used amount of regulated services (goods, works) |
|
|
|
|
|
29 |
Observance of prohibition upon the demand of payment of the provided regulated services (goods, works) which are not conforming to quality requirements of regulated services (goods, works) |
|
|
|
|
|
30 |
Ensuring general consumer service of regulated services (goods, works) according to the quality requirements of the provided regulated services (goods, works) established by state bodies within their competence |
|
|
|
|
|
31 |
Ensuring acceptance of payments from consumers for the regulated utilities (goods, works) provided by the subject of natural monopolies through own cash desks, and also the banks and the organizations performing separate types of banking activities Internet resources and (or) terminals. This requirement does not extend to subjects of the natural monopolies specified in Item 3 of article 15 of the Law |
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32 |
Provision of equal conditions to consumers of regulated services (goods, works), except cases of provision of regulated services (goods, works) taking into account the privileges and benefits established by the legislation of the Republic of Kazakhstan, including equal conditions of access to regulated services (goods, works) according to the procedure, approved by authorized body, except for access to products transportation services on bulk distribution lines which procedure is established by the Law of the Republic of Kazakhstan "About the bulk distribution line" |
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33 |
Provision, in case of approval of limit of rate (the price, rate of charge) for all consumers of regulated services (goods, works) on the single price levels (the prices, rates of charges) which are not exceeding limit of rate (the price, rate of charge) |
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34 |
Acquisition and installation to consumers of metering devices of regulated utilities (goods, works) according to the agreements signed with consumers |
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35 |
Collection of payment, for the provided regulated utilities (goods, works) on average monthly indications of metering devices, in case of metering device exit out of operation |
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36 |
Non-admission of violation of the rights of consumers in case of the conclusion of contracts for provision of regulated services (goods, works) |
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37 |
Provision of regulated services in limits of rate (the prices, rates of charges) approved by authorized body taking into account the case provided by subitem 3-1) of part one of article 7 of the Law |
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38 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of transfer and (or) distribution of electrical energy |
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39 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of production, transfer, distribution and (or) supply with heat energy, except for the heat energy developed with use of heat of soil, ground waters, the rivers, reservoirs, exhaust water of industrial enterprises and power plants, sewer treatment facilities |
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40 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of water supply and (or) water disposal |
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41 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of the high-level railway system |
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42 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of sidings in the absence of competitive siding |
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43 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of provision in property hiring (lease) or use of the cable sewerage |
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44 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of storage, transportation of commodity gas on connecting, trunk gas pipelines and (or) gas-distribution systems, operation of group reservoir installations, and also transportation of sour gas through connecting gas pipelines, except for transportations of commodity gas for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan |
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45 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of the airports |
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46 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of seaports |
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47 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of air navigation |
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48 |
Observance of the standard of rendering services to consumers by subjects natural monopolies in the field of oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan |
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Official person(s): _____________________ ____________________
(position) (signature)
______________________________________________________________
(Surname, name, middle name (in case of its availability)
_____________________ ____________________
(position) (signature)
_______________________________________________________________
(Surname, name, middle name (in case of its availability)
The head of the checked субъекта:____________________________________ ____________________
(Surname, name, middle name (in case of its availability) position) (signature)
to the Order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2017 No. 88
Appendix 4
to the Order of the Minister of national economy of the Republic of Kazakhstan of July 26, 2016 No. 332
Checking leaf in the field of behind observance of procedure for pricing and obligations of the subject of the socially significant market
in the relation ____________________________________________________________________
The state body which appointed check ______________________________________
________________________________________________________________________________
Act of purpose of check ________________________________________________________
(No., date)
The name of the checked subject ______________________________________________
________________________________________________________________________________
IIN, BIN of the checked subject __________________________________________________
________________________________________________________________________________
Location address __________________________________________________________
________________________________________________________________________________
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№ |
List of requirements |
It is required |
It is not required |
Conforms to requirements |
Does not conform to requirements |
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1 |
The notification of authorized body, performing management in spheres of natural monopolies, in writing, at least in thirty calendar days about the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with provision of the proving materials confirming the increase reasons |
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2 |
Observance of procedure for pricing in the public significant market |
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3 |
Return of the income gained and which is not used on realization of investing programs (projects) considered in marginal prices, directly to consumers or in case of impossibility of establishment of the complete list of consumers by decrease in ceiling level of price for the forthcoming period according to procedure for pricing on the socially significant markets |
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4 |
Return of income gained as a result of price marginal unreasonable exceeding, directly to consumers no later than thirty calendar days from the moment of establishment of such fact by the authorized body performing management in spheres of natural monopolies or by decrease in ceiling level of price for the forthcoming period according to procedure for pricing in the socially significant markets in case of impossibility of establishment of the complete list of consumers |
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Official person(s): _____________________ ____________________
(position) (signature)
______________________________________________________________
(Surname, name, middle name (in case of its availability)
_____________________ ____________________
(position) (signature)
_______________________________________________________________
(Surname, name, middle name (in case of its availability)
The head of the checked субъекта:____________________________________ ____________________
(Surname, name, middle name (in case of its availability) position) (signature)
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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