On the main directions of the state policy on the development of competition
Decree of the President of the Republic of Kazakhstan dated December 31, 2020 No. 484
In order to ensure sustainable economic growth, increase the efficiency of the country's economy and create a competitive environment in the commodity markets of the Republic of Kazakhstan, I HEREBY DECREE:
1. To declare the promotion of competition and the implementation of proactive competition policy in the Republic of Kazakhstan a priority area of activity for the President, the Government of the Republic of Kazakhstan, central state and local executive bodies, and local self-government bodies.
2. To determine the main directions of the state policy on the development of competition:
1) decrease in the level of market concentration in commodity markets;
2) reduction of administrative and economic barriers to entry into commodity markets, instruments of state price regulation;
3) implementation of state support measures for entrepreneurship and investments aimed at the emergence of new market participants or increased competition between business entities;
4) the formation of markets for new types of goods, the expansion of the sphere of circulation of products of domestic manufacturers, their entry into world markets;
5) reducing the share of market entities with state participation and increasing the efficiency of managing the state's economic assets;
6) development of small and medium-sized businesses, increasing their contribution to the country's economy;
7) expansion of exchange trading;
8) ensuring equal access of business entities to state support measures and procurement of government agencies, quasi-public sector entities, as well as subsurface users;
9) ensuring the information openness of commodity market entities occupying a dominant or monopolistic position and their implementation of a system of measures to prevent violations of the legislation of the Republic of Kazakhstan in the field of competition protection.
3. The implementation of the state policy on the development of competition is based on the principles of:
1) equality of all business entities, regardless of their form of ownership;
2) the measurability of the results of the state policy on the development of competition;
3) information openness and transparency of antimonopoly regulation and control;
4) prioritization of preventive measures of antimonopoly regulation;
5) responsibility of the central state and local executive bodies, local self-government bodies for the implementation of the state policy on the development of competition.
4. The Agency for the Protection and Development of Competition of the Republic of Kazakhstan should develop and submit to the Government of the Republic of Kazakhstan by April 1, 2021 the "National Project for the Development of Competition in the Republic of Kazakhstan for 2021-2025" (hereinafter referred to as the National Project).
5. Agency for Protection and Development of Competition of the Republic of Kazakhstan:
1) ensure that by the end of 2021 amendments and additions are made to the legislation of the Republic of Kazakhstan providing for the introduction of a mechanism and methodology for assessing the impact on competition of draft regulatory legal acts, in accordance with the standards of the Organization for Economic Cooperation and Development;
2) to consider the possibility of market entities occupying a dominant or monopolistic position participating in the National Project.
6. The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market, together with the Agency for Protection and Development of Competition of the Republic of Kazakhstan, to develop intermediate and final indicators of competition development, allowing to implement a proactive competition policy in the financial markets of the country.
7. The Supreme Court of the Republic of Kazakhstan, in order to ensure uniformity of judicial practice in the application of the legislation of the Republic of Kazakhstan in the field of competition protection and improve the quality of case review, should organize work on generalizing and specializing the practice of antimonopoly cases by courts.
8. Law enforcement agencies should take measures to identify and suppress criminally punishable acts in the field of competition protection and introduce a mechanism for interaction with the antimonopoly authority in terms of joint measures to investigate violations of the legislation of the Republic of Kazakhstan in the field of competition protection and the suppression of illegal actions that impede investigations.
9. The Agency for the Protection and Development of Competition of the Republic of Kazakhstan, together with the Ministry of Information and Public Development of the Republic of Kazakhstan, should ensure the wide dissemination of information on the implementation of the state policy on the development of competition, the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection.
10. The Ministry of Education and Science of the Republic of Kazakhstan should consider the possibility of higher education institutions developing an educational program at the master's level "Competition Law" with further inclusion in the Register of Educational Programs.
11. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
12. This Decree shall enter into force from the date of its signing.
President
Republic of Kazakhstan
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