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I.O.'S ORDER OF THE CHAIRMAN OF COMMITTEE OF THE STATE-OWNED PROPERTY AND PRIVATIZATION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2018 No. 934

About approval of regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan

(as amended on 22-04-2021)

According to the order of the Government of the Republic of Kazakhstan of April 24, 2008 No. 387 "About some questions of the Ministry of Finance of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations on public institution "Akmola department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 1 to this order;

2) Regulations on public institution "Aktyubinsk department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 2 to this order;

3) Regulations on public institution "Almaty department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 3 to this order;

4) Regulations on public institution "Atyrau department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 4 to this order;

5) Regulations on public institution "East Kazakhstan department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 5 to this order;

6) Regulations on public institution "Jambyl department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 6 to this order;

7) Regulations on public institution "West Kazakhstan department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 7 to this order;

8) Regulations on public institution "Karaganda department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 8 to this order;

9) Regulations on public institution "Kostanay department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 9 to this order;

10) Regulations on public institution "Kyzylorda department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 10 to this order;

11) Regulations on public institution "Mangystau department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 11 to this order;

12) Regulations on public institution "Turkestan department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 12 to this order;

13) Regulations on public institution "Pavlodar department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 13 to this order;

14) Regulations on public institution "North Kazakhstan department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 14 to this order;

15) Regulations on public institution "Department of state-owned property and privatization of the city Nur-Sultan Komiteta of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 15 to this order;

16) Regulations on public institution "Department of state-owned property and privatization of the city of Almaty of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 16 to this order;

17) Regulations on public institution "Department of state-owned property and privatization of the city of Shymkent of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 17 to this order

18) Regulations on public institution "Baikonur department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" according to appendix 18 to this order.

2. Recognize invalid:

1) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

2) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 12, 2012 No. 27 "About approval of the Standard regulations on public institution "Department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

3) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of March 26, 2013 No. L-34 "About introduction of amendments to the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

4) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of March 26, 2013 No. L-35 "About introduction of amendments to the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 12, 2012 No. 27 "About approval of the Standard regulations on public institution "Department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

5) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of June 10, 2014 No. L-52 "About introduction of amendments to the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

6) the order of the Acting Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of August 27, 2014 No. 843 "About entering of amendment into orders of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 12, 2012 No. 27 "About approval of the Standard regulations on public institution "Department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" and of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

7) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of November 20, 2014 No. 1198 "About entering of amendment into orders of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 12, 2012 No. 27 "About approval of the Standard regulations on public institution "Department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan" and of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

8) the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of September 19, 2016 No. 973 "About introduction of amendments to the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan";

9) the order of the Acting Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of August 17, 2017 No. 900 "About modification of the order of the Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of January 30, 2012 No. 102 "About approval of Regulations on territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan".

3. To provide to heads of territorial authorities of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan:

1) taking measures, provided by the Law of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations";

2) acceptance of other measures following from this order.

4. To provide to legal management of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

1) within ten calendar days from the date of approval of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

5. This order becomes effective from the date of its first official publication.

Acting Chairman

K. Ibraimov

Appendix 1

to the Order of the Acting Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of September 27, 2018 No. 934

Regulations on public institution "Akmola department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan"

Chapter 1. General provisions

1. The Akmola department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further - Department) is the territorial authority of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) performing within the competence management in the sphere of management of republican property, realization of the rights of the state to republican property, privatization and the state monitoring of property in the industries of economy having strategic importance in the territory of the Akmola area.

The department is legal successor of the public institution reorganized by separation "Interregional department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of Saryark on the property rights and obligations which arose in the territory of the Akmola area.

2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation and this Provision.

6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Department and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff of Department affirm according to the current legislation.

8. Legal address of Department: 020000, Republic of Kazakhstan, Akmola area, city of Kokshetau, Ulitsa Auezova, 230.

9. Full name of state body - public institution "Akmola department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department, except as specified stipulated by the legislation the Republic of Kazakhstan.

If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

Chapter 2. Main objectives, functions, rights and obligations of Department

13. Task of Department is implementation within competence of Department of management of the sphere of management of republican property, realization of the rights of the state to republican property, privatizations.

14. Functions of Department:

1) coordination of cession of property, assigned to republican legal entities, except for cessions of property of the republican public institutions which are the central state bodies and the state companies;

2) approval of separation, interim liquidation and liquidation balance sheets, and also transfer acts by reorganization and liquidation of territorial subdivisions of the central executive bodies;

3) provision of republican property, in property employment (lease), trust management to physical persons and non-state legal entities without the right of the subsequent redemption, with the right of the subsequent redemption or the right of the subsequent transfer into the ownership to small business entities on a grant basis;

4) in case of availability on subject to privatization of material values of the state material reserve the notification of authorized body in the field of the state material reserve and the relevant central executive bodies within five working days after decision making about sale, for adoption by it of the decision on further placement of these material values before privatization of object;

5) implementation of privatization of republican property, and also the companies as property complex, not being subjects of natural monopoly or subjects of the market holding the dominating or monopoly position in the market, ensuring safety of republican property in the course of preparation of object for privatization, involvement of the intermediary for the organization of process of privatization, providing assessment of subject to privatization, implementation of preparation and the conclusion of purchase and sale agreements of subject to privatization and control of observance of conditions of purchase and sale agreements;

6) implementation of preparation and representation upon the demand of the buyer of information on encumbrances of subjects to privatization, and also the amount creditor and receivables, agreements signed by the privatized company if subject to privatization is the company as property complex;

7) representation of interests of the state concerning republican property, implementation of protection of the property rights belonging to the Republic of Kazakhstan;

8) participation in implementation of the state monitoring of property in the industries of economy having strategic importance according to the Law of the Republic of Kazakhstan of November 4, 2003 "About the state monitoring of property in the industries of economy having strategic importance";

9) participation in tracking of objects of monitoring on the key technological, technological, financial and economic, legal and other parameters for the purpose of the analysis of the happening changes and the forecast of development of productive forces in the industries of economy having strategic importance;

10) collection in the republican income budget from lease of the property which is in republican property;

11) participation in acceptance created on the basis of agreements of concession and public-private partnership of objects in republican property;

12) implementation at least once in three years of control of target use of state-owned property and withdrawal of the excessive, not used or used not for designated purpose property concerning republican property;

13) the conclusion of gift agreements, signing and approval of delivery-acceptance certificates on property of non-state legal entities and physical persons;

14) accounting of property, the rights to which are acquired by the state according to the gift agreement, by entering of information about him into the register of state-owned property;

15) implementation in coordination with authorized body of the corresponding industry of withdrawal or redistribution of the property transferred to territorial state body and organization;

16) implementation of withdrawal of the excessive, not used or used not for designated purpose property of territorial state bodies and organizations revealed by results of control of target use of state-owned property after six months from the moment of control without coordination with authorized body of the corresponding industry;

17) attraction to work of experts, and also consulting, estimative, auditing and other organizations in case of control, connected with purchase and sale agreement performance, including stopped the action;

18) control of target and effective use of republican property;

19) the notification of heads of object of monitoring on carrying out inspection with indication of persons, it is entrusted to them to carry out it, and the list of information which shall be provided for acquaintance;

20) implementation of powers on cession of property of territorial state bodies and organizations in use;

21) the organization of work on accounting, storage, assessment and further use of the property turned (arrived) into republican property on the separate bases;

22) participation in implementation of coordination of works on conducting the state monitoring of property;

23) implementation of request and receipt of information on subject of the state monitoring of the property necessary for the authentic and objective analysis;

24) attraction for participation in direct inspection of objects of monitoring, collection and information analysis, the property relating to subject of the state monitoring, representatives of the central and local executive bodies of the Republic of Kazakhstan;

25) implementation of request and obtaining from the central and local executive bodies of the Republic of Kazakhstan, and also objects of monitoring of the documents and data necessary for implementation of the state monitoring of property;

26) participation in development of regulatory legal acts on the questions entering competence of Committee, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

26-1) providing territorial subdivisions of the central state bodies, except for the state material reserve, and the property which is in operational management, special state and law enforcement agencies, Armed Forces of the Republic of Kazakhstan, other troops and military forming, the property necessary for accomplishment of the assigned functions according to the list approved by authorized body on state-owned property;

26-2) transfer to trust management to the single operator in the sphere of accounting of state-owned property of assets of Department according to the list approved by authorized body on state-owned property;

26-3) implementation of financing of single operator in the sphere of accounting of state-owned property for management and content of property of territorial subdivisions of authorized body on state-owned property according to the list approved by authorized body on state-owned property;

26-4) cession of property of republican public institutions, except for property of the central state bodies and their departments, in municipal property;

26-5) coordination of cession of property of municipal legal entities in republican property on balance of republican public institutions, except for transfers on balance of the central state bodies and their departments;

26-6) fixing of the property turned (arrived) into republican property on the separate bases, on balances of republican public institutions, except for the central state bodies and their departments;

26-7) cession of property, turned (arrived) into republican property on the separate bases, in municipal property;

26-8) coordination of cession of property, turned (arrived) into municipal property on the separate bases, in republican property on balance of republican public institutions, except for transfers on balance of the central state bodies and their departments;

27) performs other functions stipulated by the legislation the Republic of Kazakhstan.

15. Rights and obligations of Department:

1) to request, receive in the procedure established by the legislation from state bodies, their officials and other persons and to transfer them necessary information and materials;

2) to encourage workers, to impose authority punishments, to bring workers to financial responsibility in the cases and procedure provided by the Labor code and the legislation on public service;

3) to represent the interests of the state in courts of the Republic of Kazakhstan concerning ownership, use and the order of republican property;

4) to participate for and on behalf of Committee in meetings, negotiations, meetings in other state bodies;

5) to perform other rights and obligations, stipulated by the legislation the Republic of Kazakhstan.

Chapter 3. Organization of activities of Department

16. Management of Department is performed of the head who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.

17. The head of Department is appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.

18. The head of Department can have deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

19. Powers of the head of Department:

1) determines obligations and powers of the deputies (in the presence) and heads of structural divisions of Department;

2) according to the legislation appoints to positions and dismisses employees of Department;

3) in the procedure established by the legislation imposes authority punishments on the staff of Department;

4) signs orders of Department;

5) approves regulations on structural divisions of Department;

6) is represented by Department in all state bodies and other organizations according to the legislation;

7) in accordance with the established procedure resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of employees of Department;

8) bears the personal responsibility on anti-corruption;

9) performs other powers according to the legislation of the Republic of Kazakhstan.

Execution of powers of the head of Department in the period of its absence is performed by person replacing it according to the current legislation.

20. The head of Department determines powers of the deputies according to the current legislation.

Chapter 4. Property of Department

21. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation.

The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

22. The property assigned to Department belongs to republican property.

23. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation.

Chapter 5. Reorganization and abolition of Department

24. Reorganization and abolition of Department are performed according to the legislation of the Republic of Kazakhstan.

Appendix 2

to the Order of the Acting Chairman of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan of September 27, 2018 No. 934

Regulations on public institution "Aktyubinsk department of state-owned property and privatization of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan"

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