Comment to Article 714. Authorized body responsible for the management of natural monopolies  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. The authorized body, which carries out management in the fields of natural monopolies, examines cases of administrative offenses provided for in articles 164, 165, 166, 167, 168, 250, 464 ( part one) of this Code.

     2. The head of the authorized body responsible for management in the fields of natural monopolies and his deputies, as well as the heads of territorial divisions of the authorized body responsible for management in the fields of natural monopolies, and their deputies have the right to consider cases of administrative offenses and impose administrative penalties.

     Part 1. In the Republic of Kazakhstan, activities in the fields of natural monopolies are regulated by the Law of the Republic of Kazakhstan dated December 27, 2018 No. 204-VI "On Natural Monopolies". The law is aimed at protecting the interests of consumers and subjects of natural monopolies.

     The Law contains the following basic concepts:

     - natural monopoly - a state of the market of services (goods, works) in which the creation of competitive conditions to meet the demand for a certain type of services (goods, works) is impossible or economically impractical due to the technological features of the production and provision of this type of services (goods, works) (art. 3);

     - authorized body - the state body that carries out management in the fields of natural monopolies (clause 29) of Article 3).

     The authorized body has the following functions:

     - carries out control and regulation of the activities of subjects of natural monopolies;

     - develops proposals for the formation of state policy in the field of regulation of natural monopolies;

     - defines a special procedure for regulating the activities of subjects of natural monopolies that attract loans from international financial organizations and are included in the list of subjects of natural monopolies that attract loans from international financial organizations, providing for methods of tariff regulation and the procedure for their application;

     - approves the list of subjects of natural monopolies that attract loans from international financial organizations;

     - forms and maintains the state register of subjects of natural monopolies;

     - develops and approves regulatory legal acts that are binding on government agencies and subjects of natural monopolies;

     - creates an expert council and approves its regulations;

     - develops, approves and applies non-discriminatory methods for calculating tariffs (prices, rates of fees) or their maximum levels for regulated services (goods, works) of subjects of natural monopolies;

     - analyzes information from natural monopoly entities on the implementation of investment programs (projects);

     - develops and approves standards for the provision of services to consumers by subjects of natural monopolies;

     - in coordination with the state body responsible for the management of the relevant branch (sphere) of public administration, develops and approves a methodology for the formation and evaluation of draft investment programs (projects) of subjects of natural monopolies, as well as monitoring and evaluation of performance indicators of their implementation.;

     - performs other functions stipulated by the Law "On Natural Monopolies", 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 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 control and regulation of activities related to the sphere of state monopoly, as well as, within the limits provided for by law, intersectoral coordination, regulation and control in the fields of natural monopolies, with the exception of telecommunications and postal services, in the field of air navigation and airports, as well as control and regulation of the activities 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.

     One of the main tasks of the Committee is to participate in the formation and implementation of state policy in the fields of natural monopolies, with the exception of telecommunications and postal services, airports and air navigation, and in the field of competition protection and restriction of monopolistic activities.

     To solve the tasks set, the Committee is endowed with appropriate functions, among which the Regulations on the Committee mention the initiation and consideration of cases of administrative offenses within its competence, as well as the imposition of administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.

     Within the limits of its competence defined in Part 1 of Article 714 of the Administrative Code, the authorized body responsible for managing natural monopolies, 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, examines cases of administrative offenses provided for in Articles 164, 165, 166, 167, 168, 250, 464 (part one) Administrative Code.

     Part 2. Officials authorized to consider cases of administrative offenses and impose administrative penalties are listed by the legislator in Part 2, art. 714 of the Administrative Code. These include:

     - the head of the authorized body responsible for the management of natural monopolies, 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 authorized body responsible for the management of natural monopolies, and their deputies. The territorial divisions of the authorized body are the departments of the Committee for Regulation of Natural Monopolies, Protection of Competition and Consumer Rights of the Ministry of National Economy of the Republic of Kazakhstan by regions, cities of republican significance, 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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