TAJIKISTAN: Law No. 235 of 2007 on Natural Monopolies (2017 Ed.)

Meta Data
Title in national language: 
Қонунгузории Ҷумҳурии Тоҷикистон дар бораи инҳисороти табиӣ
Draft: 
No
Revision of previous policy?: 
No
Draft Year: 
2007
Effective Start Year: 
2007
Scope: 
National
Document Type: 
Law
Economic Sector: 
Energy, Power, Multi-Sector
Energy Types: 
Oil, Power, Gas
Issued by: 
Parliament of the Republic of Tajikistan
Source: 
Legislation of the CIS countries (RU)
File: 
Law No.235 of 2007 on Natural Monopolies (2017 Ed.) (TJ)
Law No.235 of 2007 on Natural Monopolies (2017 Ed.) (RU)
Overall Summary: 
The policy sets forth principles for the regulation of natural monopolies in the Republic of Tajikistan. With the adoption of the present Law in 2007 a comprehensive framework was established for reconciling the interests of monopoly market actors involved – natural monopoly entities and consumers. The areas specifically addressed by the Law on Natural Monopolies include transportation of oil, petroleum products and gas via pipelines, gas distribution, generation, transmission and dispatch of electric and thermal power. While aiming to enforce competition of national energy markets, the policy allows for transition of a natural monopoly entity to the status of a competitive market entity, along with that prevents acquisitions or consolidation that create monopolies. Regulatory tools include tariff setting, additionally, the policy concentrates on determination of categories of customers served by a natural monopoly entity on a mandatory basis.
Pricing
Energy pricing: 
Art. 7 and 8 focus on price determination issues. --- Art. 9 stipulates that the established tariff setting scheme does not apply to pricing for electricity and thermal power (in accordance with the Law of the Republic of Tajikistan on Amendments to the Law on Natural Monopolies №1055 of 28. December 2013). ---- The national Antimonopoly Agency shall develop tariffs based on proposals of the Ministry of Energy. The following priorities shall be taken into consideration: 1) basic consumer rights are ensured, 2) production cost is maintained at the lowest level, 3) overall development of the sector is facilitated, 4) investments to the fuel and energy sector are stimulated.
Governance
Energy management principles: 
Art.11. A set of economic regulations arising from the need to correct market failures is implemented in the framework of the present law. Regulatory efforts focus on safeguarding and promoting the interests of energy market consumers through restraining monopolistic activities, this involves the elimination of activities – including investment and rental agreements – that restrain competition.
Energy institutional structures: 
Art. 13. A specialized competition regulator under the Government of the Republic of Tajikistan shall carry out state control responsibilities.