Comment to article 713. Antimonopoly Authority  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. The Antimonopoly Authority examines cases of administrative offenses provided for in Articles 160 (Part one), 161, 162, 163, 163-1, 201 of this Code.

     2. The head of the antimonopoly authority and his deputies, as well as the heads of territorial divisions of the antimonopoly authority and their deputies, have the right to consider cases of administrative offenses and impose administrative penalties.

     Part 1. The unified system of the antimonopoly authority consists of the central executive body, its department and its subordinate territorial divisions. Territorial divisions carry out their activities within the limits of their powers established by the legislation of the Republic of Kazakhstan and on the basis of regulations approved by the central executive body.

     The tasks of the antimonopoly authority are:

     1) promotion of fair competition;

     2) prevention, detection and investigation, suppression of violations of the legislation of the Republic of Kazakhstan in the field of competition protection;

     3) regulation of economic concentration;

     4) demonopolization of market entities that restrict competition.

     The Business Code of the Republic of Kazakhstan establishes that the antimonopoly authority has the following competence:

     - implements the state policy in the field of protection of competition and restriction of monopolistic activity;

     - carries out intersectoral coordination of government agencies and other organizations in the field of competition protection and restriction of monopolistic activity;

     - carries out international cooperation on issues of protection of competition and restriction of monopolistic activity;

     - carries out state control over compliance with the legislation of the Republic of Kazakhstan in the field of competition protection;

     - suppresses acts, actions (inaction) of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities aimed at limiting and (or) eliminating competition;

     - considers applications for consent to economic concentration;

     - prevents and eliminates abuses of a dominant or monopolistic position in the relevant commodity market, with the exception of violations provided for by the legislation of the Republic of Kazakhstan on natural monopolies;

     - prevents and suppresses anticompetitive agreements and coordinated actions of market participants, unfair competition;

     - coordinates regulatory legal acts in the field of protection of competition, restriction of monopolistic activity and functioning of commodity markets;

     - distributes information on the application of the legislation of the Republic of Kazakhstan in the field of competition protection and promotes fair competition;

     - analyzes the state of competition in the commodity markets;

     - analyzes and monitors the activities of market entities that occupy a dominant or monopolistic position in the relevant commodity market;

     - approves methods for analyzing the state of competition in the commodity market with the definition of criteria for the interchangeability of goods, the availability of their purchase, as well as the boundaries of the commodity market in relation to financial organizations – in coordination with the National Bank of the Republic of Kazakhstan;

     - conducts investigations into violations of the legislation of the Republic of Kazakhstan in the field of protection of competition by market entities, state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, in accordance with the procedure established by the Business Code;

     - considers cases of administrative offenses and imposes administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses, participates in the court to consider cases of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition;

     - exercises other powers stipulated by the Business Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

     The Ministry of National Economy of the Republic of Kazakhstan is the State executive body of the Republic of Kazakhstan responsible for the protection of competition and the restriction of monopolistic activity.

     The Ministry has departments:

     1) Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights of the Ministry of National Economy of the Republic of Kazakhstan;

     2) Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan.

     The Committee for Regulation of Natural Monopolies, Protection of Competition and Consumer Rights of the Ministry of National Economy of the Republic of Kazakhstan is a state body of the Republic of Kazakhstan that provides leadership in the field of competition protection and restriction of monopolistic activity in the relevant commodity markets, in the field of consumer protection, control and regulation of activities related to the sphere of state monopoly, as well as within the limits stipulated by the Legislation of the Republic of Kazakhstan. legislation, inter-industry coordination, regulation and control in the fields of natural monopolies, with the exception of telecommunications and postal services, air navigation and airports, as well as control and regulation of energy-producing and energy-supplying organizations in accordance with the Law of the Republic of Kazakhstan "On Electric Power Industry" and other special executive, licensing and control functions.  

     The consideration of cases of administrative offenses and the imposition of administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses, participation in the court for cases of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, according to the Regulations on the Ministry, is the function of the departments of the Ministry.

     The list of administrative offenses under the jurisdiction of the antimonopoly authority, represented by the Committee for Regulation of Natural Monopolies, Protection of Competition and Consumer Rights of the Ministry of National Economy of the Republic of Kazakhstan, is contained in Part 1 of Article 713 of the Administrative Code.

     Part 2. Officials who have the right to consider cases of administrative offenses and impose administrative penalties are:

     - the head of the antimonopoly authority and his deputies. The management of the Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights of the Ministry of National Economy of the Republic of Kazakhstan is carried out by the Chairman, who is personally responsible for the fulfillment of the tasks assigned to the Committee and the exercise of its functions. The Chairman of the Committee has deputies who are appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan.;

     - heads of territorial divisions of the antimonopoly authority and their deputies. The territorial divisions of the antimonopoly authority are the departments of the Committee for Regulation of Natural Monopolies, Protection of Competition and Consumer Rights by regions, cities of national importance, and the capital.

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

     Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

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