ARTICLE
7 November 2024

Amendments To The Rules For The Activities Of Natural Monopolies In Kazakhstan

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Unicase Law Firm

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Unicase is a leading law firm in Central Asia, operating both in the region and globally, including Kazakhstan, Uzbekistan, Kyrgyzstan, and Tajikistan. Unicase boasts one of the most expert teams, renowned for its capabilities in regulation and legislative development, which, combined with extensive transaction experience, enables the firm to win major development projects and remain a preferred adviser on corporate law, M&A transactions, dispute resolution, and legislation. Partners and senior lawyers at Unicase have spent a significant part of their professional careers working with leading international operators, which allows them to understand the expectations of both foreign and local clients regarding the format and content of legal consultations, making Unicase a competitive firm.
On 30 September, 2024, an order was issued by the Deputy Prime Minister – Minister of National Economy to amend the Rules for the Activities of Natural Monopoly Entities.
Kazakhstan Antitrust/Competition Law
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On 30 September, 2024, an order was issued by the Deputy Prime Minister – Minister of National Economy to amend the Rules for the Activities of Natural Monopoly Entities.

Now, the following procedures are subject to regulation:

  • inclusion in and exclusion from the State Register of natural monopoly entities;
  • conducting public hearings;
  • issuing consent for certain actions by a natural monopoly entity, as well as accepting notifications from a natural monopoly entity regarding activities not related to regulated services, in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications";
  • conducting procurements by natural monopoly entities.

A registry is maintained for dishonest procurement participants, against whom there is a court decision confirming the failure to fulfil obligations towards a natural monopoly entity.

The activities of natural monopoly entities must be posted on their own websites.

To conduct technical expertise of investment programs and evaluate the quality of regulated services, experts with higher education in the fields of thermal energy, energy, water supply, oil and gas are involved, as well as those with at least 3 years of experience in these areas. Specialists with diplomas in the corresponding fields and at least 3 years of experience in developing investment programs are also required. Additionally, a certified auditor with experience in the specified areas is needed

Applications for technical conditions to connect to networks or increase the volume of regulated services, as well as the responses to them (except for those from architectural authorities), are accepted and processed by the State Corporation through the 'electronic government' portal, the office of the natural monopoly entity, or the information system of the authorised body.

Mandatory provisions have been introduced for contracts related to the transfer or trust management of assets.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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