Article 195-1. Antimonopoly compliance of the Business Code of the Republic of Kazakhstan
1. Antimonopoly compliance is a system of measures to prevent violations of the legislation of the Republic of Kazakhstan in the field of competition protection.
2. In order to implement antimonopoly compliance, the market entity(s) has the right to adopt acts of antimonopoly compliance.:
1) an external act providing for the policy and rules of fair competition of the market entity(s) in the relevant commodity market;
2) an internal act providing methods, methods of risk assessment, and the procedure for organizing work by a market entity(s) to manage the risks of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, developed in accordance with methodological recommendations approved by the antimonopoly authority.
3. A market entity(s) has the right to send to the antimonopoly authority a draft external act of antimonopoly compliance to establish its compliance with the norms of the legislation of the Republic of Kazakhstan in the field of competition protection, which is subject to review within one month from the date of receipt of the draft external act of antimonopoly compliance.
4. The draft external act of antimonopoly compliance reviewed by the antimonopoly authority, if it is found to comply with the norms of the legislation of the Republic of Kazakhstan in the field of competition protection, is an act clarifying the legislation of the Republic of Kazakhstan in the field of competition protection in relation to a specific market entity (specific market entities) or in relation to a specific situation.
5. Methodological recommendations for the development and implementation of the internal act of antimonopoly compliance include:
1) stages of development and implementation of the internal act of antimonopoly compliance;
2) the content of measures for the development and implementation of the internal act of antimonopoly compliance;
3) the method(s) of assessing antimonopoly compliance risks associated with the activities of a market entity;
4) building an internal control system for antimonopoly compliance risks;
5) the method(s) of assessing the effectiveness of the internal act of antimonopoly compliance;
6) other provisions on the development and implementation of the internal act of antimonopoly compliance.
6. The presence of an effectively functioning internal act of antimonopoly compliance by a market entity is taken into account when considering cases of violations of the legislation of the Republic of Kazakhstan in the field of competition protection.
The footnote. The Code is supplemented by Article 195-1 in accordance with the Law of the Republic of Kazakhstan dated 12/28/2016 No. 34-VI (effective from 01.01.2017); as amended by the Law of the Republic of Kazakhstan dated 10/28/2019 No. 268-VI (effective after ten calendar days after the date of its first official publication); dated 01/3/2022 No. 101-VII (effective effective sixty calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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