On some issues of the Agency for Protection and Development of Competition of the Republic of Kazakhstan
Decree of the President of the Republic of Kazakhstan dated October 5, 2020 No. 428.
In accordance with subparagraph 1) Paragraph 2 of Article 20 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan" and Decree of the President of the Republic of Kazakhstan dated September 8, 2020 No. 407 "on measures to further improve the public administration system of the Republic of Kazakhstan" I HEREBY DECREE:
The footnote. The preamble as amended by Decrees of the President of the Republic of Kazakhstan dated 03/01/2023 No. 134; dated 07/01/2026 No. 1337.
1. Attached:
1)Regulations on the Agency for Protection and Development of Competition of the Republic of Kazakhstan (hereinafter – the Agency);
2) agency structure;
3) amendments and additions to certain acts of the President of the Republic of Kazakhstan.
2. Transfer to the Agency the functions and powers of the Ministry of Trade and Integration of the Republic of Kazakhstan for the implementation of state control and licensing of activities in the field of commodity exchanges.
3. The Government of the Republic of Kazakhstan shall take other measures arising from this Decree.
4. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
5. This Decree comes into effect from the date of signing and is subject to official publication.
The Presidential Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on October 5, 2020 No. 428
Regulations on the Agency for Protection and Development of Competition of the Republic of Kazakhstan
The footnote. The Regulation is amended by Decree of the President of the Republic of Kazakhstan dated 03/17/2022 No. 841. The footnote. Throughout the text, the words "legislative acts" have been replaced by the word "laws" in accordance with the Decree of the President of the Republic of Kazakhstan dated 07/01/2026 No. 1337.
Chapter 1. General provisions
1. The Agency for the Protection and Development of Competition of the Republic of Kazakhstan (hereinafter referred to as the Agency) is a state body directly subordinate and accountable to the President of the Republic of Kazakhstan, which provides leadership in the field of competition protection and restriction of monopolistic activities, control and regulation of activities related to the sphere of state monopoly, as well as state control and licensing of activities in the field of commodity exchanges
2. The Agency has territorial divisions in the capital, regions, and cities of national importance.
The footnote. Paragraph 2 is amended by Decree of the President of the Republic of Kazakhstan dated 07/01/2026 No. 1337.
3. The Agency carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as these Regulations.
4. The Agency is a legal entity in the organizational and legal form of a state institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with its name in Kazakh and Russian, letterheads of the established sample, accounts with treasury authorities in accordance with the legislation of the Republic of Kazakhstan.
5. The Agency enters into civil law relations on its own behalf.
6. The Agency has the right to act as a party to civil law relations on behalf of the state if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.
7. The Agency, in matters of its competence, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, makes decisions drawn up by orders of the Chairman of the Agency and other acts provided for by the legislation of the Republic of Kazakhstan.
8. The Agency's structure and staffing limit are approved in accordance with the legislation of the Republic of Kazakhstan.
9. Location of the legal entity: Republic of Kazakhstan, 010000, Astana, "Yesil" district, mangilik El Avenue, 8, administrative building "Ministry House", 1 entrance.
The footnote. Paragraph 9 as amended by Decree of the President of the Republic of Kazakhstan dated 03/01/2023 No. 134.
10. This Regulation is the Agency's founding document.
11. The Agency's activities are financed from the national budget in accordance with the legislation of the Republic of Kazakhstan.
12. The Agency is prohibited from entering into contractual relations with business entities in order to fulfill obligations that are the authority of the Agency.
If the Agency is granted the right by the laws of the Republic of Kazakhstan to carry out income-generating activities, the income received is sent to the state budget, unless otherwise established by the legislation of the Republic of Kazakhstan.
Chapter 2. Tasks And powers of The Agency
13. Task:
1) improving the economic efficiency and competitiveness of market entities;
2) promotion of fair competition;
3) prevention, detection and investigation, suppression of violations of the legislation of the Republic of Kazakhstan in the field of competition protection;
4) regulation of economic concentration;
5) demonopolization of market entities that restrict competition.
14. Authorization:
1) the right:
to make proposals to the President of the Republic of Kazakhstan on the development of competition in the relevant commodity markets;
adopt binding regulatory legal acts within its competence;
prohibit and receive necessary information and materials from government agencies, organizations, and their officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;
Based on the analysis of the relevant commodity markets, higher asset values and sales volumes are established for these markets, in which consent to transactions is required.;
participate in procedural actions and measures to investigate violations of the legislation of the Republic of Kazakhstan in the field of competition protection;
to request and receive from government agencies, officials of other organizations and individuals information necessary to perform the functions assigned to the Agency, in compliance with the requirements established by the laws of the Republic of Kazakhstan for the disclosure of information constituting commercial and other legally protected secrets.;
going to court;
to submit, within the limits of their competence, proposals to state bodies on the cancellation or amendment of acts adopted by them that violate the legislation of the Republic of Kazakhstan in the field of competition protection;
to send materials and regulatory legal acts to the prosecutor's office that contradict the legislation of the Republic of Kazakhstan in the field of competition protection;
delegate some of their powers and functions to the Agency's territorial divisions;
to exercise other powers stipulated by the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan;
2) responsibilities:
not to disclose information constituting commercial, official, or other legally protected secrets obtained in the exercise of their powers, except in cases established by the laws of the Republic of Kazakhstan;
accept and consider applications from individuals and legal entities in the manner and within the time limits established by the legislation of the Republic of Kazakhstan.;
post it on your Internet resource:
annual report on the state of competition in selected commodity markets and measures taken to limit monopolistic activity;
analyses of the state of competition in commodity markets, with the exception of information containing state secrets and other legally protected secrets;
information on the results of investigations into violations of the legislation of the Republic of Kazakhstan in the field of competition protection, Agency decisions;
the state register of subjects of the state monopoly, special law;
consider petitions for the establishment of state-owned enterprises, legal entities, more than fifty percent of shares (stakes) which belong to the state, and persons affiliated with them who carry out their activities on the territory of the Republic of Kazakhstan.
15. Function:
1) implementation of the state policy in the field of protection of competition and restriction of monopolistic activity;
1-1) elaboration of proposals on the formation of state policy in the field of protection of competition and restriction of monopolistic activity;
2) implementation of intersectoral coordination of state bodies and other organizations in the field of competition protection and restriction of monopolistic activity;
3) international cooperation on protection of competition and restriction of monopolistic activity;
3-1) interaction with the antimonopoly authorities of the member states of the Eurasian Economic Union in accordance with international treaties, including by sending notifications, requests for information, consultations, informing about investigations in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
4) implementation of state control over compliance with the legislation of the Republic of Kazakhstan in the field of competition protection;
5) suppression of acts, actions (inaction) of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities aimed at limiting and (or) establishing competition;
5-1) conducting an analysis of legal acts for the presence of provisions in them that have led or may lead to restriction or emergence of competition;
6) consideration of applications for consent to economic concentration;
7) prevention and suppression of abuse of a dominant or monopolistic position in the relevant commodity market, with the exception of violations provided for by the legislation of the Republic of Kazakhstan on natural monopolies;
8) development and approval of rules for the provision of compulsory services by subjects of natural monopolies and the quasi-public sector in the framework of competition protection and restriction of monopolistic activities;
8-1) approval of the list of mandatory services provided by subjects of natural monopolies and the quasi-public sector in the framework of protection of competition and restriction of monopolistic activity;
9) prevention and suppression of anticompetitive agreements and coordinated actions of market participants, unfair competition;
10) coordination of regulatory legal acts in the field of protection of competition, restriction of monopolistic activity and functioning of commodity markets;
10-1) coordination of the procurement procedure by the National Welfare Fund (hereinafter referred to as the Fund) and the Fund's organizations, approved by the decision of the Board of Directors of the Fund;
10-2) coordination of the methodology for calculating infrastructure charges approved by the authorized body in the field of civil aviation;
11) dissemination of information on the application of the norms of the legislation of the Republic of Kazakhstan in the field of competition protection and promotion of fair competition;
12) analysis of the state of competition in the commodity markets;
13) analysis and monitoring of conglomerate activities;
13-1) approval of the rules for analyzing and monitoring the activities of conglomerates;
14) approval of methods for analyzing the state of competition:
in the commodity markets;
in the financial services markets – in coordination with the authorized body for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan;
15) development and approval of a methodology for analyzing socially significant markets;
16) development and approval of a methodology for conducting research on commodity markets in which state-owned enterprises and legal entities will be established, more than fifty percent of which are owned by the state and legal entities affiliated with them and (or) they carry out additional activities in relation to state-owned enterprises and legal entities, more than fifty percent of the shares (stakes in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan, and legal entities affiliated with them – in coordination with the National Bank of the Republic of Kazakhstan;
17) development and approval of a methodology for assessing economic concentration in commodity markets;
18) development and approval of a methodology for assessing economic concentration in financial markets in coordination with the authorized body for regulation, control and supervision of the financial market and financial organizations;
19) identification of monopolistically high (low), monopsonically low prices set by a market entity in a dominant or monopolistic position;
20) development and approval of methods for identifying monopolistically high (low) prices and monopsonally low;
21) conducting investigations into violations of the legislation of the Republic of Kazakhstan in the field of protection of competition by market entities, state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, in accordance with the procedure established by the Entrepreneurial Code of the Republic of Kazakhstan;
22) approval of the regulations and regulations of the conciliation commission;
23) prohibition and receipt, in accordance with the procedure established by the laws of the Republic of Kazakhstan, from state bodies, including the authorized body in the field of state statistics, state revenue bodies, market entities, as well as officials and other individuals and legal entities, of information necessary for the exercise of powers provided for by the laws of the Republic of Kazakhstan, including information, which constitute commercial and other legally protected Secrets, with the exception of banking secrets, insurance secrets, and commercial secrets on the securities market;
24) issuing mandatory requirements to market entities on:
termination of violation of the norms of the Entrepreneurial Code of the Republic of Kazakhstan and (or) establishment of its consequences;
restoration of the original position;
termination or amendment of contracts that contradict the Business Code of the Republic of Kazakhstan;
the need to cancel transactions by terminating or invalidating them when regulating economic concentration;
conclusion of a contract with another market entity in the event that the violation is an unjustified refusal or evasion from concluding a contract with certain sellers (suppliers) or buyers.;
25) submitting mandatory instructions to state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities on the cancellation or amendment of acts adopted by them, elimination of violations, as well as termination, cancellation or amendment of agreements and transactions concluded by them that contradict the business code of the Republic of Kazakhstan, and actions aimed at ensuring competition;
26) consideration of cases of administrative offenses and imposition of administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses, participation in the court for consideration of cases of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition;
27) sending materials to law enforcement agencies for conducting a pre-trial investigation on the grounds of criminal offenses related to violations of the legislation of the Republic of Kazakhstan in the field of competition protection;
28) in accordance with the procedure established by the Entrepreneurial Code of the Republic of Kazakhstan, send to the President of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan an annual report on the state of competition in certain commodity markets and the measures taken to limit monopolistic activity.;
29) in accordance with the procedure established by the Entrepreneurial Code of the Republic of Kazakhstan, sending proposals to the Government of the Republic of Kazakhstan on the transfer to a competitive environment of state-owned enterprises, legal entities with more than fifty percent of shares (stakes in the authorized capital) owned by the state, and legal entities affiliated with them, and proposals to update the list of activities carried out by state enterprises and Legal entities with more than fifty percent of their Shares (shares in the authorized capital) owned by the state, legal entities affiliated with them;
30) ensuring the information transparency of the state policy in the field of competition protection and restriction of monopolistic activities, including the publication of information about its activities in the media, including on its Internet resource;
31) contacting law enforcement agencies in accordance with the procedure established by the legislation of the Republic of Kazakhstan on conducting operational search activities;
32) sending a written warning to an official of a market entity, a state, local executive body, or an organization endowed by the state with the functions of regulating the activities of market entities about the inadmissibility of actions (inaction) that may lead to a violation of the legislation of the Republic of Kazakhstan in the field of competition protection;
33) sending notifications to market entities, state, local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities on the presence of signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection in the actions (inaction) of a market entity, state, local executive body, organization endowed by the state with the functions of regulating the activities of market entities;
34) official explanation of regulatory legal acts in the field of competition protection adopted by the antimonopoly authority;
35) development and approval of rules for reviewing draft agreements of market entities for compliance or non-compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection;
36) development and approval of standard external acts of antimonopoly compliance for market entities;
37) approval of methodological recommendations for the development and implementation of the internal act of antimonopoly compliance;
38) establishing the compliance of an external act of antimonopoly compliance sent by a market entity (market entities) with the norms of the legislation of the Republic of Kazakhstan in the field of competition protection;
39) filing lawsuits in court for termination, amendment of contracts and (or) invalidation of transactions that contradict the Business Code of the Republic of Kazakhstan;
40) implementation of control and regulation of activities related to the sphere of state monopoly, special law;
41) conducting an expert examination of prices for goods produced and (or) sold by a state monopoly entity with a special right;
42) formation and maintenance of the state register of subjects of the state monopoly, special law;
43) exercising control over compliance by subjects of the state monopoly and special law with the restrictions established by the Entrepreneurial Code of the Republic of Kazakhstan;
44) coordination of prices for goods (works, services) produced and (or) sold by a subject of a state monopoly, a special right;
44-1) coordination of the list of activities technologically related to the production of goods, works, and services, approved by the state body responsible for the management of the relevant branch (sphere) of public administration;
44-2) coordination of the list and volumes of goods, works, services, as well as the list of state enterprises of institutions of the penal (penitentiary) system from which such goods, works, services are purchased, approved by the central executive body responsible for the management of the system of internal affairs bodies of the Republic of Kazakhstan;
44-3) approval of the list of certain types of goods, works, and services purchased from public associations of persons with disabilities of the Republic of Kazakhstan and (or) organizations established by public associations of persons with disabilities of the Republic of Kazakhstan that produce and (or) supply goods, perform work, and provide services, as determined by the authorized body in the field of social protection of the population;
44-4) approval of the proposed (extended) tax benefit;
45) approval of pricing rules for goods, works, and services produced and sold by a state monopoly entity or a special right;
46) carrying out an analysis of the activities of individual subjects of the state monopoly, special rights according to the approved schedule and sending to the Government of the Republic of Kazakhstan a proposal for the transfer to a competitive environment of activities related to the sphere of the state monopoly, special rights;
47) development and approval of the procedure for monitoring prices on commodity markets in order to identify signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection;
48) approval of the procedure for issuing notifications on the presence of signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection in the actions (inaction) of a market entity, state, local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities;
49) development and approval of the procedure for the conciliation commission to review the draft opinion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection in relation to the National Bank of the Republic of Kazakhstan and its composition in coordination with the National Bank of the Republic of Kazakhstan;
50) monitoring of prices on commodity markets in order to identify signs of violation of the legislation of the Republic of Kazakhstan in the field of protection of competition;
51) monitoring of the procurement of goods and auctions;
52) approval of information forms on purchases made;
52-1) issuing conclusions of the antimonopoly authority on the alienation of private business entities engaged in the production of similar goods, works, and services in the course of public procurement using a single source method by directly concluding a contract in the following cases::
acquisition of goods and services that are objects of intellectual property from a person who has exclusive rights in respect of the purchased goods and services;
purchases by a state body of goods, works, and services from joint-stock companies, limited liability companies, one hundred percent of voting shares (stakes in the authorized capital) of which belong to the state, and state-owned enterprises in respect of which it manages in accordance with the legislation of the Republic of Kazakhstan on state property, the relevant powers of which, including the state established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan, except in cases of purchase of goods, work and services provided by organizations that ensure the activities of national security agencies and election commissions;
52-2) issuing conclusions of the antimonopoly authority on the elimination of any other possibility of purchasing relevant goods, works, and services on a competitive basis when conducting public procurement using a single source method by directly concluding a contract in cases of purchasing materials from exhibitions, seminars, conferences, meetings, forums, symposiums, trainings, as well as payment for participation in these events.;
52-3) development and approval of rules for issuing conclusions of the antimonopoly authority on the absence of private business entities engaged in the production of similar goods, works, and services and on the elimination of other opportunities to purchase the relevant goods, works, and services on a competitive basis;
53) the introduction of state price regulation in individual commodity markets and (or) for goods (works, services) of individual market entities;
54) approval of the rules for the introduction of temporary state price regulation in individual commodity markets and (or) for goods, works, and services of individual market entities;
55) conducting expert examinations and giving opinions on the issues of the legislation of the Republic of Kazakhstan in the field of competition protection within its competence at the request of law enforcement agencies;
56) providing analytical information on the state of competition in commodity markets at the request of law enforcement agencies;
57) establishment and definition of forms:
petitions for economic concentration;
petitions for the establishment of a state-owned enterprise, a legal entity, more than fifty percent of shares (stakes) which belong to the state, and persons affiliated with them;
notifications on the presence of signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection in actions (inaction);
58) revision of assumptions (of its own or territorial division), as well as verification of assumptions made by territorial divisions of the antimonopoly authority;
59) in cases established by the legislation of the Republic of Kazakhstan in the field of protection of competition, filing a lawsuit with a court for the forced division of a market entity or the separation of one or more legal entities from its composition on the basis of its structural divisions.;
60) providing market entities with a preliminary agreement on transactions (actions) in cases stipulated by the legislation of the Republic of Kazakhstan in the field of competition protection;
60-1) granting consent to state registration, re-registration of market entities, as well as rights to immovable property in cases provided for by the legislation of the Republic of Kazakhstan in the field of competition protection;
61) granting consent to the establishment of state-owned enterprises, legal entities, more than fifty percent of shares (stakes) which belong to the state, and persons affiliated with them;
62) granting consent to the expansion and (or) modification of the types of activities carried out by state-owned enterprises, legal entities with more than fifty percent of shares (participation shares in the authorized capital) owned by the state, and persons affiliated with them who will carry out their activities in the territory of the Republic of Kazakhstan;
63) participation in the formation and implementation of state policy in the field of commodity exchanges;
64) coordination of regulatory legal acts in the field of regulating the activities of commodity exchanges;
65) implementation of state control over compliance with the legislation of the Republic of Kazakhstan on commodity exchanges;
66) conducting analysis and monitoring of the activities of commodity exchanges;
67) publication of information on the activities of commodity exchanges and exchange trading, with the exception of information constituting a commercial or other legally protected secret;
68) development of proposals for the development and improvement of exchange trading;
69) licensing of activities in the field of commodity exchanges in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications;
69-1) making a decision on termination of the license of a commodity exchange, stock broker, commodity exchange clearing center in cases stipulated by the legislation of the Republic of Kazakhstan on commodity exchanges, as well as publishing information on the revocation (revocation) of the license on its Internet resource;
70) monitoring compliance by commodity exchanges, stock brokers operating on the commodity exchange and making transactions with commodities, and commodity exchange clearing centers with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime, financing of terrorism, and financing the proliferation of weapons of mass destruction;
70-1) approval, in coordination with the authorized financial monitoring body, of the requirements to the rules of internal control in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction for commodity exchanges, stock brokers operating on the commodity exchange and making transactions with commodities, and clearing centers commodity exchanges;
71) maintaining the state electronic register of licenses in the field of commodity exchanges;
72) Excluded by Decree of the President of the Republic of Kazakhstan dated 03/01/2023 No. 134.
73) initiation and consideration of cases of administrative offenses, as well as the imposition of administrative penalties in the field of commodity exchanges in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses;
74) approval of the rules for reporting to the antimonopoly authority by the commodity exchange;
74-1) approval of the rules for the formation and maintenance of the register of unscrupulous participants in exchange trading;
75) approval of the rules for determining the price of exchange-traded goods that have developed during the course of trading on commodity exchanges and electronic trading platforms that are not recognized as monopolistically high (low);
76) issuing an opinion on compliance with the legislation of the Republic of Kazakhstan in the field of competition protection;
77) approval of the rules for issuing an opinion on compliance with the legislation of the Republic of Kazakhstan in the field of competition protection;
78) approval of the rules for assessing the impact on competition;
79) approval of the rule of equal access to key capacity;
80) development and approval of rules for monitoring the activities of state-owned enterprises, legal entities with more than fifty percent of shares (stakes in the authorized capital) owned by the state, and persons affiliated with them in order to obtain the consent of the antimonopoly authority when creating, expanding and (or) changing the types of activities carried out, as well as the implementation of exclusively those types activities for which the antimonopoly authority's consent has been obtained;
81) monitoring the activities of state-owned enterprises, legal entities with more than fifty percent of shares (stakes in the authorized capital) owned by the state, and persons affiliated with them in order to obtain the consent of the antimonopoly authority when creating, expanding and (or) changing the types of activities carried out, as well as carrying out exclusively those types of activities for which the consent of the antimonopoly authority has been obtained;
82) monitoring the activities of persons providing state support measures for compliance with the requirements provided for in Article 194 of the Entrepreneurial Code of the Republic of Kazakhstan, with the exception of the activities of government agencies and legal entities to implement a set of anti-crisis measures to support the economy, stimulate business activity and employment, initiated on behalf of the President of the Republic of Kazakhstan;
82-1) approval, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of the business plan for the republican public-private partnership project, the investment proposal of the republican state investment project, the tender (auction) documentation of the republican public-private partnership project, including when amendments and (or) additions are made to them in the part related to the field protection of competition And restriction of monopolistic activity, On projects, providing for the provision of public functions by private partners;
82-2) development and approval of rules for monitoring the activities of persons providing state support measures for compliance with the requirements provided for in Article 194 of the Entrepreneurial Code of the Republic of Kazakhstan, with the exception of the activities of government agencies and legal entities to implement a set of anti-crisis measures to support the economy, stimulate business activity and employment, initiated on behalf of the President of the Republic of Kazakhstan;
83) maintaining the register of authorized persons;
83-1) maintaining the state register of conglomerates;
84) approval of the rules for maintaining the register of authorized persons;
84-1) analysis and identification of systemic issues raised by applicants;
84-2) conducting a functional analysis of activities in accordance with the methodology for conducting sectoral (departmental) functional reviews of the activities of government agencies, approved by the authorized body in the field of public administration system development;
84-3) implementation of digital transformation;
84-4) participation in shaping public policy and taking measures to counteract the shadow economy;
84-5) organization and holding of events in the field of mobilization training and mobilization in accordance with the legislation of the Republic of Kazakhstan;
84-6) ensuring compliance with uniform requirements in the field of information and communication technologies and information security, data management requirements;
84-7) ensuring the protection of developed state secrets in accordance with the legislation of the Republic of Kazakhstan, including in organizations subordinate to it;
84-8) development and approval of subordinate regulatory legal acts defining the procedure for the provision of public services in the regulated area;
85) performing other functions stipulated by the legislation of the Republic of Kazakhstan.
The footnote. Paragraph 15, as amended by Decrees of the President of the Republic of Kazakhstan dated 03/01/2023 No. 134; dated 06/29/2023 No. 272 (effective from the date of its first official publication); dated 05/30/2024 No. 562 (see the procedure for entry into force in accordance with paragraph 2); dated 03/07/2025 No. 809 (see the procedure for entry into force in accordance with paragraph 2); dated 08/18/2025 No. 965 (see the procedure for entry into force in accordance with paragraph 2); dated 01/26/2026 No. 1159 (effective from the date of its first official publication).
Chapter 3. Status and powers of the Chairman of the Agency, the Agency's Board
16. The management of the Agency is carried out by the Chairman, who is personally responsible for the fulfillment of the tasks assigned to the Agency and the exercise of his powers.
17. The Chairman of the Agency is appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan.
18. The Agency's Chairman has three deputies, including one first deputy, who are appointed and relieved of their duties in accordance with the legislation of the Republic of Kazakhstan.
19. Powers of the Agency's Chairman:
1) organizes and manages the work of the Agency;
2) signs the legal acts of the Agency, gives instructions and instructions to employees subordinate to it, takes other organizational and administrative measures for the implementation of state functions assigned to the Agency's competence;
3) approves the regulations on the Agency's structural and territorial divisions;
4) approves the structure of the Agency's territorial divisions within the total staffing approved by the President of the Republic of Kazakhstan;
5) submits proposals to the President of the Republic of Kazakhstan on awarding state awards to employees of the Agency and its territorial divisions;
6) represents the Agency in relations with government agencies and other organizations in accordance with the legislation of the Republic of Kazakhstan;
7) makes decisions on other issues within its competence.
The powers of the first head of the Agency during his absence are performed by the person replacing him, in accordance with the current legislation of the Republic of Kazakhstan.
20. The Chairman of the Agency determines the powers of his deputies in accordance with the current legislation of the Republic of Kazakhstan.
21. The Agency's staff is headed by the Head of the Agency's staff, who is appointed and dismissed in accordance with the current legislation of the Republic of Kazakhstan.
22. The Agency's collegial governing body is the Management Board, which is created by the Agency's Chairman.
The regulations on the Agency's Management Board and its composition are approved by the Agency's Chairman.
Powers of the Agency's Management Board:
1) identification of priorities in the field of formation and development of competition policy;
2) making decisions based on the results of consideration of conclusions Based on the results of investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition, conclusions based on the results of consideration of an application for consent to economic concentration;
3) approval of the annual annual report on the state of competition in certain commodity markets and measures taken to limit monopolistic activities;
4) approval of the rules of procedure of the Management Board;
5) consideration and decision-making on other issues within the competence of the Agency, in accordance with the regulations on the Management Board.
Chapter 4. Property Agency
23. The Agency may have separate property on the right of operational management in cases stipulated by the legislation of the Republic of Kazakhstan.
The Property Agency is formed at the expense of property transferred to it by the owner, as well as property (including monetary income) acquired as a result of its own activities, and other sources not prohibited by the legislation of the Republic of Kazakhstan.
24. The property assigned to the Agency belongs to republican ownership.
25. The Agency has no right to independently alienate or otherwise dispose of the property assigned to it and the property acquired at the expense of funds allocated to it under the financing plan, unless otherwise established by the legislation of the Republic of Kazakhstan.
Chapter 5. Reorganization And Management of The Agency
26. The Agency is reorganized and abolished in accordance with the legislation of the Republic of Kazakhstan.
The footnote. Paragraph 26-as amended by Decree of the President of the Republic of Kazakhstan dated 08/15/2022 No. 979 (effective from the date of its first official publication); as amended by Decree of the President of the Republic of Kazakhstan dated 03/01/2023 No. 134.
List of territorial divisions of the Agency
1. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the Abai region".
2. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the Akmola region".
3. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in Aktobe region".
4. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the Almaty region".
5. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in Atyrau region".
6. Republican State Institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the West Kazakhstan region".
7. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in Zhambyl region".
8. Republican State Institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the field of Housing and Communal Services".
9. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the Karaganda region".
10. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in Kostanay region".
11. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the Kyzylorda region".
12. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the Mangystau region".
13. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in Pavlodar region".
14. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the North Kazakhstan region".
15. Republican State institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the Turkestan region".
16. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the Ulytau region".
17. Republican State Institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the East Kazakhstan region".
18. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the city of Astana".
19. Republican state institution "Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan in the city of Almaty".
20. Republican State institution"Department of the Agency for Protection and Development of Competition of the Republic of Kazakhstan for the city of Shymkent".
List of government agencies under the Agency's jurisdiction
The footnote. The Regulation has been supplemented with a section in accordance with the Decree of the President of the Republic of Kazakhstan dated 05/30/2024 No. 562 (effective after the day of its first official publication).
Republican State Institution "Analytical Research Center for Competition Development " Agency for Protection and Development of Competition of the Republic of Kazakhstan.
Approved by Decree of the President of the Republic of Kazakhstan on October 5, 2020 No. 428
Structure of the Agency for Protection and Development of Competition of the Republic of Kazakhstan
The footnote. The structure as amended by Decrees of the President of the Republic of Kazakhstan dated 03/17/2022 No. 841; dated 03/01/2023 No. 134; dated 08/27/2024 No. 632.
Guide
Chairman's Secretariat (Department)
Department of Strategic Development of Competition
Department of Fuel and Energy Complex
Department of Agro-industrial Complex
Department of Transport and Communications
Department of Financial Markets
Exchange Control Department
Department of Economic Concentration and Control of State-owned Enterprises
Department of Investigations
Department of International Cooperation
Administrative and Financial Department
Department of Personnel Management
Department of Legal Regulation of Competition
Department of State Secrets, Mobilization Training and Information Security
Internal Audit Service
Department of Industry, Government Support and Procurement
Department of Social Sphere
Department of Digitalization
Ethics Commissioner
Approved by Decree of the President of the Republic of Kazakhstan on October 5, 2020 No. 428
AMENDMENTS AND ADDITIONS to some acts of the President of the Republic of Kazakhstan
1. In the Decree of the President of the Republic of Kazakhstan dated January 22, 1999 No. 29 "on measures for further optimization of the system of state bodies of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1999, No. 1, art. 2):
in appendix 1 to the above-mentioned Decree:
add the following line:
"
Getting dirty
The Agency for Protection and Development of Competition of the Republic of Kazakhstan, including its territorial divisions
267
".
2. Abrogated by Decree of the President of the Republic of Kazakhstan dated 07/31/2023 No. 290.
3. In the Decree of the President of the Republic of Kazakhstan dated March 19, 2010 No. 954 "on the System of annual assessment of the effectiveness of central state and local executive bodies of regions, cities of republican significance, capitals" (SAPP of the Republic of Kazakhstan, 2010, No. 24, art. 173):
The list of central government agencies for which the effectiveness of their activities is assessed:
add the following line:
"Agency for Protection and Development of Competition of the Republic of Kazakhstan".
4. In the Decree of the President of the Republic of Kazakhstan dated September 30, 2011 No. 155 "On issues of state symbols and heraldry of departmental and other awards equivalent to them of certain State bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, law enforcement agencies, courts, Armed Forces, other troops and military Formations" (Sapp of the Republic of Kazakhstan, 2011)., No. 55, Article 783):
in the List and descriptions of departmental and other equivalent awards of some state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, law enforcement agencies, courts, Armed Forces, other troops and military formations approved by the above-mentioned Decree:
in section 1. "List of departmental and other equivalent awards of certain state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, law enforcement agencies, courts, Armed Forces, other troops and military formations":
section "Badges:"
add paragraph 1-4 as follows:
"1-4. Agency for the Protection and Development of Competition of the Republic of Kazakhstan: Monopoliyaga karsy kyzmettin uzdigi.";
in section 2. "Descriptions of departmental and other equivalent awards of certain state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, law enforcement agencies, courts, Armed Forces, other troops and military formations (hereinafter – Descriptions)":
add the following subsection:
"Badge of the Agency for Protection and Development of Competition of the Republic of Kazakhstan"
"Monopolyaga karsi kyzmettin uzdigi" (appendix 127)
The breastplate "Monopolyaga karsy kyzmettin uzdigi" has an octagonal shape with a diameter of 35 mm and is made of yellow metal (brass).
There is a shanyrak and a soaring eagle on the front of the badge and the inscription "Monopoliyaga karsi kyzmettin uzdigi" around the circumference. The emblem and the inscription are shiny and protruding.
On the reverse side of the badge in the center is the inscription "KAZAKHSTAN REPUBLICS" with the image of the borders of the Republic of Kazakhstan, above and below – the national ornament. The reverse side of the badge is matte. The text and ornament are convex and shiny.
The badge is connected to a rectangular shoe covered with a blue moire ribbon using an eyelet and a ring.
The badge is attached to the clothes with a pin with a visor lock.";
add Appendix 127 to the Descriptions according to the appendix to these amendments and additions;
the Rules for awarding departmental and Other Equivalent Awards (depriving departmental and other equivalent awards) to certain state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan, law enforcement agencies, courts, Armed Forces, other troops and military formations approved by the above-mentioned decree:
in the section "3. Grounds for awarding departmental awards":
add the following subsection:
"Breastplate"Monopoliyaga karsy kyzmettin uzdigi"
90. The badge "Monopoliyaga karsy kyzmettin uzdigi" is awarded to citizens of the Republic of Kazakhstan who have headed the antimonopoly authority, employees of the antimonopoly authority who have worked in the antimonopoly authority for at least 5 years, who have made a great contribution to the development of antimonopoly activities in the republic, for exemplary performance of official duties, impeccable public service, performance of duties of particular importance and complexity, fruitful work and other achievements in work, as well as foreign persons, He has made a significant contribution to the development of the Antimonopoly Service of the Republic of Kazakhstan.".
5. In the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 150 "on approval of the Register of positions of political and administrative civil servants" (SAPP of the Republic of Kazakhstan, 2015), No. 70-71, art. 520):
in the Register of positions of Political and Administrative Civil Servants, approved by the above-mentioned Decree:
in the chapter "2. Administrative government positions":
in category 1 of the "Housing" sectionAh":
line "Heads of the offices of the Constitutional Council, the Office of the President of the Republic of Kazakhstan, the Central Election Commission of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget, the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan, the head of the Department for Ensuring the Activities of Courts under the Supreme Court of the Republic of Kazakhstan (the Office of the Supreme Court Of the Republic of Kazakhstan)" to state in the following Wording:
"Heads of the offices of the Constitutional Council, the Office of the President of the Republic of Kazakhstan, the Central Election Commission of the Republic of Kazakhstan, the Accounts Committee for Control over the Execution of the Republican Budget, the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan, the Agency for the Protection and Development of Competition of the Republic of Kazakhstan, the Head of the Department for Ensuring the Activities of Courts in The Supreme Court of the Republic of Kazakhstan (Office of the Supreme Court of the Republic of Kazakhstan)";
in the "Building " B" section:
in category group B:
The title should be worded as follows:
"The Office of the Chamber of the Parliament of the Republic of Kazakhstan, the Office of the Prime Minister of the Republic of Kazakhstan, the Department for Ensuring the Activities of Courts under the Supreme Court of the Republic of Kazakhstan (the Office of the Supreme Court of the Republic of Kazakhstan), the Office of the Constitutional Council of the Republic of Kazakhstan, the Office of the Supreme Judicial Council of the Republic of Kazakhstan, the Office of the President of the Republic of Kazakhstan, the Office of the Central Election Commission of the Republic of Kazakhstan, the Accounts Committee control over the execution of the Republican budget, Agency of the Republic of Kazakhstan for Civil Service Affairs, Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service), Agency for Strategic Planning and Reforms of the Republic of Kazakhstan, Agency for Protection and Development of Competition of the Republic of Kazakhstan ";
in category B-3:
the line "Head of the Department (service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service)" should be worded as follows:
"Head of the Department (service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service), the Agency for Protection and Development of Competition of the Republic of Kazakhstan";
after the line " Head of the Department (service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service) " add the following line:
"Press Secretary of the Agency for Protection and Development of Competition of the Republic of Kazakhstan";
in category B-4:
the line "Assistant, Adviser to the Managing Director of the President of the Republic of Kazakhstan, the Chairmen of the Accounts Committee for Control over the Execution of the Republican Budget, the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service)" should be worded as follows:
"Assistant, Adviser to the Managing Director of the President of the Republic of Kazakhstan, the chairmen of the Accounts Committee for Control over the Execution of the Republican Budget, the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service), the Agency for Protection and Development of Competition of the Republic of Kazakhstan."
6. In the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 151 "on certain issues of admission of citizens to the administrative civil service of the corps "a" (SAPP of the Republic of Kazakhstan, 2015, No. 70-71, art. 521):
in the Special qualification requirements for administrative government positions of the "A" corps, approved by the above-mentioned Decree:
Subparagraph 1) of paragraph 3 should be worded as follows:
"1) responsible secretaries of central executive bodies; heads of the offices of the Constitutional Council of the Republic of Kazakhstan, the Office of the President of the Republic of Kazakhstan, the Central Election Commission of the Republic of Kazakhstan, the Accounting Committee for Control over the Execution of the Republican Budget, the Supreme Judicial Council of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Civil Service Affairs, the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan, the Agency for Protection and Development of Competition of the Republic of Kazakhstan, Head of the Department for Ensuring the Activities of Courts under the Supreme Court of the Republic of Kazakhstan (office of the Supreme Court of the Republic of Kazakhstan); heads of offices of central executive bodies in which the position of executive secretary has not been introduced; head of the National Center for Human Rights;".
Appendix to the amendments and additions that are being made to certain acts of the President of the Republic of Kazakhstan Appendix 127 to the Descriptions
Breastplate"Monopoliyaga karsy kyzmettin uzdigi"
President
Republic of Kazakhstan
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