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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 13, 2019 No. 223

About approval of the Procedure for carrying out tender on transfer of state-owned property to trust management

According to article 6 of the Law of the Kyrgyz Republic "About trust management of state-owned property", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for carrying out tender on transfer of state-owned property to trust management according to appendix.

2. To impose control of execution of this resolution on department of economy and investments of Government office of the Kyrgyz Republic.

3. This resolution becomes effective after ten days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of May 13, 2019 No. 223

Procedure for carrying out tender on transfer of state-owned property to trust management

1. General provisions

1. This Procedure determines rules and conditions of carrying out tender on transfer of state-owned property to trust management.

2. The concepts used in this Procedure are applied in the values determined in the Law of the Kyrgyz Republic "About trust management of state-owned property".

2. Forming and tasks of the contest committee

3. The founder of trust management (the owner of property) creates the contest committee on preparation and carrying out tender (further - the contest committee) on transfer of state-owned property to trust management.

4. Representatives of the founder of trust management (the owner of property), the interested ministries, the state committees, administrative departments and other state bodies of the Kyrgyz Republic are part of the contest committee. The structure can include representatives of object of trust management (the head and the chief accountant), if necessary, experts and representatives of other organizations.

5. By transfer to trust management of the objects relating to strategic objects of the Kyrgyz Republic, the contest committee deputies of Jogorku Kenesh of the Kyrgyz Republic and representatives of the civil sector are included.

By transfer to trust management of the state-owned property which is the subject of natural monopoly, the contest committee the representative of authorized state antimonopoly authority is included.

The members of the contest committee affirm the decision of the founder of trust management (the owner of property).

The number of members of the contest committee shall be at least 9 people.

6. The contest committee can make offers to the founder of trust management (the owner of property) about attraction to work of auditing, consulting, estimative, expert and other organizations.

7. Representatives of the founder of trust management (the owner of property) are appointed the chairman and the secretary of the contest committee. The secretary is not member of the contest committee.

Members of the contest committee fulfill the duties on a voluntary basis.

8. Form of implementation of activities of the contest committee are internal meetings.

The contest committee is competent to consider the questions carried to its competence if at meeting there are at least two thirds of members of the contest committee.

During the vote each member of the contest committee has one voice.

9. Tasks of the contest committee on transfer of state-owned property to trust management are:

1) determination of market value of state-owned property according to regulatory legal acts of the Kyrgyz Republic in the sphere of assessment of property;

2) approval of the size of the guarantee fee of state-owned property, except for the size of the guarantee fee concerning strategic objects of the Kyrgyz Republic which affirms the Government of the Kyrgyz Republic, according to article 10 of the Law of the Kyrgyz Republic "About trust management of state-owned property";

3) development of conditions of tender, with the list of obligations of the trustee depending on specifics of the transferred state-owned property.

By transfer to trust management of the state-owned property which is the subject of natural monopoly conditions of tender shall join obligations of the trustee on preserving profile of activities of the transferred property;

4) submitting for examination of the founder of trust management (the owner of property) of the draft agreement of the trust management meeting the requirements of article 9 of the Law of the Kyrgyz Republic "About trust management of state-owned property";

5) determination of the size and form of remuneration of the trustee;

6) consideration and assessment of the business plan;

7) ensuring acceptance from applicants of requests and the relevant documents for participation in tender;

8) decision making about the admission (or about refusal in the admission) applicants to participation in tender;

9) carrying out tender;

10) determination of the winner of tender;

11) creation and signing of the protocol following the results of tender.

3. Procedure for carrying out tender

10. The founder of trust management publishes information on the forthcoming tender in mass media (placement of running line on television, the publication in newspapers, the notification on radio) and on the official site of the founder of trust management (the owner of property) at least in thirty calendar days prior to the established date of tender on transfer of state-owned property to trust management, for strategic objects - at least in ninety calendar days prior to date of its carrying out.

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