Article 25. Publicity of the process of state regulation of the activities of subjects of natural monopolies of the Law on Natural Monopolies

Home / RLA / Article 25. Publicity of the process of state regulation of the activities of subjects of natural monopolies of the Law on Natural Monopolies

1. The publicity of the process of state regulation of the activities of subjects of natural monopolies is ensured:

1) posting information related to the state regulation of the activities of natural monopoly entities in the mass media and on the Internet resource of the authorized body;

2) conducting public hearings;

3) conducting reports by subjects of natural monopolies to consumers and other interested parties;

4) informing consumers and the authorized body about the tariff implementation;

5) conducting public monitoring and technical expertise of the implementation of the approved investment program, compliance with quality and reliability indicators of regulated services and achievement of performance indicators of natural monopoly entities.

2. A natural monopoly entity, within the time limits established by paragraph 6 of this article, shall post reports to consumers and other interested parties on the implementation of the approved tariff estimates, on the implementation of the approved investment program, on compliance with quality indicators and on its Internet resource in the mass media distributed on the territory of the relevant administrative-territorial unit and (or) on its Internet resource. reliability of regulated services and achievement of performance indicators of natural monopoly entities with justifications, including financial statements.

3. The authorized body shall post on its Internet resource:

1) The State Register of subjects of natural monopolies;

2) legal acts of the authorized body;

3) applications with attached documents submitted on electronic media, subject to the requirements established by paragraph 7 of this Article;

4) approved, established and defined tariffs;

5) approved tariff estimates and investment programs;

6) reports of subjects of natural monopolies on the execution of approved tariff estimates, on the execution of approved investment programs, on compliance with quality and reliability indicators of regulated services and achievement of performance indicators of subjects of natural monopolies;

7) a register of consents granted to perform certain actions by a natural monopoly entity, as well as notifications received from a natural monopoly entity on activities not related to regulated services, in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications";

8) resolutions on bringing subjects of natural monopolies to administrative responsibility;

9) court decisions based on the results of proceedings involving the authorized body;

10) indicators of the quality and reliability of regulated services;

11) performance indicators of subjects of natural monopolies;

12) other information related to the implementation of state regulation of the activities of subjects of natural monopolies.

4. Public hearings to discuss the draft tariff are held with the invitation of deputies of the Parliament of the Republic of Kazakhstan, maslikhats, representatives of local governments, government agencies, natural monopoly entities, mass media, public associations, independent experts, consumers and other interested persons.

5. The authorized body shall publish in a periodical information on the date and place of public hearings on the discussion of the draft tariff thirty calendar days before the date of their holding, and on its Internet resource - the results of public hearings on the discussion of the draft tariff, including transcripts of discussions, minutes of meetings with decisions on the issues under consideration, in within ten calendar days after the date of their holding.

If public hearings are held when considering an application for setting utility tariffs in the fields of natural monopolies, regulated services for the production, transmission, distribution and (or) supply of thermal energy, the authorized body additionally publishes information on the date and place of public hearings in periodicals distributed in the territory of the relevant administrative-territorial unit.territorial unit.

When setting a tariff by indexing and determining the tariff based on a concluded public-private partnership agreement, a natural monopoly entity shall post information on the date and place of public hearings thirty calendar days prior to their holding on its Internet resource or in periodicals distributed in the territory of the relevant administrative-territorial unit.

6. A natural monopoly entity shall, no later than August 1 of the current calendar year and May 1 of the following calendar year, conduct reports on the results of the half-year and year on the implementation of the approved tariff estimates, on the implementation of the approved investment program, on compliance with quality and reliability indicators of regulated services and the achievement of performance indicators of natural monopoly entities to consumers and other interested parties.

6-1. Natural monopoly entities provide information to the National Chamber of Entrepreneurs of the Republic of Kazakhstan for the creation, maintenance and use of the register of business partners in accordance with the procedure determined by the authorized body.

6-2. Subjects of natural monopolies place and (or) update in the automated information system of the state urban planning cadastre in machine-readable form according to the forms approved by the authorized body for architecture, urban planning and construction:

1) information about (about):

reserve;

installed capacity and (or) capacity;

availability of available and available capacities and (or) capacities;

network bandwidth;

location (indicating the street names of the locality);

extent;

the number of reserved capacities and (or) capacities and their booking dates;

the number of occupied capacities and (or) containers used in the technological process to provide services to end users;

2) schemes for the placement of networks or other property used in the provision of regulated services, with the exception of information related to state secrets and other legally protected secrets in accordance with the laws of the Republic of Kazakhstan.

7. Any information provided by a natural monopoly entity for the approval of a tariff and in the performance of duties provided for by this Law shall not be considered commercial.

8. The report to consumers and other interested parties is conducted in the form of a public hearing.

9. The announcement of the upcoming report is published by a natural monopoly entity included in the local section of the State Register of Natural Monopoly Entities in a periodical published at least once a week and distributed in the territory of the relevant administrative-territorial unit, and by a natural monopoly entity included in the republican section of the State Register of Natural Monopoly Entities., - in a periodical published at least once a week and distributed throughout the territory of the Republic of Kazakhstan, and (or) on its Internet resource no later than fifteen working days before the event and includes the following information:

1) the name and location of the natural monopoly entity;

2) date and place of the report;

3) the type of regulated services provided.

10. One month before the report is conducted, the natural monopoly entity informs the authorized body.

11. After the publication of the announcement of the upcoming report, the natural monopoly entity shall post the information provided for in paragraph 13 of this article on its Internet resource five working days before the report is held, and in the event of its absence, provide the authorized body with the information provided for in paragraph 13 of this article for posting on its Internet resource.

12. The natural monopoly entity provides access to the venue for all those who wish to participate in the report.

Public hearings and reports of natural monopoly entities to consumers and other interested parties are conducted, including with the organization of online broadcasting, to ensure unhindered access to participants in public hearings.

When a state of emergency or restrictive measures are introduced in the country, including quarantine, the authorized body or its territorial divisions, subjects of natural monopolies conduct public hearings, reports to consumers and other interested parties through online broadcasts.

When conducting public hearings via online broadcasts, the department of the authorized body or its territorial subdivision, no later than ten calendar days before the date of the public hearing, places an announcement about the upcoming public hearing in the media and on an Internet resource indicating the date, time and a link to the online broadcast of the public hearing.

If the financial statements of a natural monopoly entity are subject to mandatory audit in accordance with the laws of the Republic of Kazakhstan, their publication in the mass media provided for in paragraph 2 of this article shall be carried out within ten calendar days after the audit is completed.

13. The speech of a natural monopoly entity must contain information with justification in accordance with the rules of the conduct of activities by natural monopoly entities.

14. In his speech to consumers and other interested parties, the natural monopoly entity provides a detailed explanation of the quality of the regulated service provided.

15. The requirements provided for in paragraph 2, parts two and three of paragraph 5 and paragraphs 6, 8, 9, 10, 11, 12, 13 and 14 of this article do not apply to subjects of low-capacity natural monopolies and newly created subjects of natural monopolies.

The footnote. Article 25 as amended by the Laws of the Republic of Kazakhstan dated 01.01.2021 No. 399-VI (effective from 07/01/2021); dated 12/30/2022 No. 177-VII (effective after ten calendar days after the date of its first official publication); dated 04/05/2023 No. 221-VII (effective from 07/01/2023); from 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication); dated 10/22/2023 No. 31-VIII (effective six months after the date of its first official publication); dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

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