The Law of the Republic of Kazakhstan of 27 December, 2018 № 204-VІ «On natural monopolies»

The Law of the Republic of Kazakhstan of 27 December, 2018 № 204-VІ
«On natural monopolies»

Unofficial translation

Chapter 1. GENERAL PROVISIONS

Article 1. Objectives of this Law

The objectives of this Law shall be:

1) achievement of a balance of interests of consumers and subjects of natural monopolies;

2) definition of the legal basis of the state regulation of activities in the spheres of natural monopolies;

3) ensuring the availability of regulated services for consumers;

4) ensuring the protection of the interests of consumers and subjects of natural monopolies;

5) ensuring the publicity and transparency of the procedures for the state regulation of activities in the spheres of natural monopolies;

6) stimulation of improving the quality of the regulated services and meeting the demand for them.

Article 2. Legislation of the Republic of Kazakhstan on natural monopolies

1. The legislation of the Republic of Kazakhstan on natural monopolies shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Effect of this Law

1. This Law shall apply to the relations arising in the market of services of the Republic of Kazakhstan rendered by the subjects of natural monopolies.

2. Relationships not covered by this Law shall be governed by the legislation of the Republic of Kazakhstan in the field of entrepreneurship and other laws of the Republic of Kazakhstan.

3. The state regulation of activity and state control shall apply to the subject of natural monopoly, rendering the regulated services, referred by this Law to the spheres of natural monopolies, only in relation to the provision of regulated services.

4. This Law shall not apply to individual entrepreneurs and legal entities carrying out activities related to the spheres of natural monopolies in one of the following cases when:

1) the activity is associated with the construction and operation of facilities intended solely for their own needs;

2) the activities stipulated in subparagraph 2) of paragraph 1 of Article 5 of this Law are carried out, in compliance with the following conditions:

revenues from such activity should not exceed 1 percent of revenues from all activities per one calendar year;

preservation of the tariff level that was in effect on January 1, 2012.

Article 4. Basic concepts used in this Law

The following basic concepts shall be used in this Law: