Article 224. Decisions of the antimonopoly authority based on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition of the Entrepreneurial Code of the Republic of Kazakhstan

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Article 224. Decisions of the antimonopoly authority based on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition of the Entrepreneurial Code of the Republic of Kazakhstan

1. Based on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, an official of the antimonopoly authority prepares an opinion, on the basis of which the antimonopoly authority makes one of the following decisions on:

1) termination of the investigation into violations of the legislation of the Republic of Kazakhstan in the field of protection of competition on the grounds provided for in Article 223 of this Code;

2) instituting proceedings on an administrative offense and, in the cases established by subitems 1) and 2) of paragraph 1 of Article 226 of this Code, issuing an order;

3) issuing an order to eliminate violations of the legislation of the Republic of Kazakhstan in the field of competition protection;

4) transfer of materials to law enforcement agencies for pre-trial investigation.

1-1. The draft conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition is handed over or sent by letter with notification to the object of investigation at least thirty calendar days before the end of the investigation.

2. If the subject of the investigation is contacted at least twenty calendar days before the completion of the investigation, the official (officials) of the antimonopoly authority, no later than twenty-five calendar days from the date of receipt of such an appeal, shall The draft conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection has been submitted to the conciliation commission for consideration.

The Conciliation Commission shall consider the draft opinion submitted within no more than five calendar days from the date of submission for its completeness and the quality of the evidence provided in it of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, with the invitation to a meeting of persons involved in the investigation.

Based on the results of consideration of the draft opinion, the conciliation commission makes its comments and recommendations, which are drawn up in a protocol and sent to the official(s) for work within five working days from the date of the meeting of the conciliation commission.

In case of disagreement with the comments and recommendations of the conciliation commission, the official(s) shall form (form) within five working days a reasoned opinion, which is subject to consideration by the conciliation commission within no more than five working days from the date of formation of the reasoned opinion by the official (officials).

3. The completion of the investigation is considered to be the day when the official (officials) of the antimonopoly authority signs the conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection.

4. The approval of the conclusion based on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection is issued by the order of the antimonopoly authority within no more than ten working days from the date of completion of the investigation.

5. A copy of the order approving the conclusion based on the results of the investigation, no later than three working days from the date of its signing, shall be handed over or sent by letter notifying the object of the investigation, with the attached conclusion based on the results of the investigation. The applicant is informed about the decision within the same time period.

5-1. If, based on the results of the investigation, a decision has been made to institute an administrative offense case, the order approving the conclusion based on the results of the investigation shall enter into force after ten working days from the date of its adoption.

An appeal against an order approving an opinion based on the results of an investigation suspends the period for its entry into force until the complaint is considered.

6. The date of entry into force of the order approving the conclusion based on the results of the investigation (decision-making) is considered the moment when the fact of committing an administrative offense is discovered.

7. An order approving a conclusion based on the results of an investigation may be appealed by the object of the investigation to a court in accordance with the procedure established by the Administrative Procedural Code of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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