Appealing acts, inspection results, and orders to eliminate violations of the law
In accordance with paragraph 1 of Article 30 of the Law, the Authorized Body in the field of regulation of natural monopolies exercises state control in the field of natural monopolies in accordance with the PC.
When exercising state control in the areas of natural monopolies, the authorized body issues an order to eliminate violations of the legislation on natural monopolies. In general, the cassation instance considered 22 disputes in this category of cases. Illustrative cases in this category
Disputes are: according to the claim of JSC (No. 6001-22-00-6ap/2507, No. 6001-22-00-6ap/2652). The local courts, rejecting the claim, concluded that the act on the results of the audit was adopted within the powers of the territorial authority for regulating natural monopolies in accordance with current legislation, and there are no legal grounds for its cancellation. The SCAD of the Supreme Court reasonably canceled and returned the claim due to the fact that the inspection act does not have legal consequences, since according to Article 156 of the Criminal Code, this inspection should have ended with an administrative act. There is no such act in this case.
According to the JSC's claim (No. 6001-23-00-6ap/1624), the local courts, satisfying the requirements for the cancellation of the order, concluded that the plaintiff had complied with the Standard Form of the technical specifications, but at the same time supplemented with the section "Draft to provide", and the territorial authority for the regulation of natural monopolies had not analyzed the technical requirements provided for in Article 81 of the PC, and besides the inspection report, no other document confirming the existence of signs of violation of the law was presented to the court.
The SCAD of the Supreme Court, canceling the decisions, established that the standard form of technical specifications contains an exhaustive list of requirements for connecting consumers to the gas supply sector, established by the developer body.
REGULATORY SOURCES AND ABBREVIATIONS
The main regulatory legal acts that courts should follow when considering cases related to the application of antimonopoly legislation are:
1) The Constitution of the Republic of Kazakhstan dated August 30, 1995;
2) The Business Code of the Republic of Kazakhstan dated October 29, 2015 (PC);
3) Administrative Procedural Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI (APPK);
4) The Code of the Republic of Kazakhstan "On Administrative Offenses" dated July 5, 2014 No. 235-V SAM (Administrative Code);
5) The Law of the Republic of Kazakhstan "On Natural Monopolies" dated December 27, 2018 No. 204-VI SAM (Law);
6) Judicial Board for Administrative Cases of the Supreme Court of the Republic of Kazakhstan (SCAD VS);
7) The Agency for Protection and Development of Competition of the Republic of Kazakhstan and its territorial bodies (antimonopoly authority);
8) The Committee for Regulation of Natural Monopolies of the Ministry of National Economy of the Republic of Kazakhstan and its territorial bodies (authorized body for regulation of natural monopolies).
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