ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 29, 2019 No. 142

About approval of the Regulations on procedure for holding auctions on right to contract of lease of municipal property in electronic format

For the purpose of implementation of Article 29 of the Land Code of the Kyrgyz Republic, articles 12-1 and 15 of the Law of the Kyrgyz Republic "About municipal property on property", according to 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 Regulations on procedure for holding auctions on right to contract of lease of municipal property in electronic format according to appendix.

2. To the state committee of information technologies and communication of the Kyrgyz Republic to determine the technical operator of electronic trading platform.

3. Recommend to local government bodies in case of the conclusion of the lease agreement of municipal property in electronic format to be guided by the above-stated Provision.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Order of the Government of the Kyrgyz Republic of March 29, 2019 No. 142

Regulations on procedure for holding auctions on right to contract of lease of municipal property in electronic format

1. General provisions

1. This Provision determines procedure for the organization and holding auctions on right to contract of lease of municipal property in electronic format.

2. The concepts used in this Provision:

lease of municipal property - provision of municipal property for a fee in temporary ownership and use or in temporary use;

the lessor - executive body of local self-government, local government office, the municipal company which provided municipal property in lease;

the lessee - physical persons and legal entities, including foreign which in the procedure established by this Provision are granted the right of temporary ownership and use or temporary use by municipal property;

electronic auction - type of the biddings on right to contract of lease of municipal property in which the participant who offered the highest price becomes the winner;

private office - the automated workplace of the user on electronic trading platform;

municipal property - the property which is in municipal property according to Item 2 of article 3 of the Law of the Kyrgyz Republic "About municipal property on property";

the closed part of electronic trading platform - the part of the website available only to the registered users of electronic trading platform;

object of lease - municipal property concerning which the electronic auction on right to contract of lease is held;

the operator of electronic trading platform - the owner of information system who is acting on the basis of the contracts with local government body and owning the portal of electronic trading platform on the Internet on which the electronic auction is held;

the applicant - person who submitted the application for participation in the biddings in electronic format for right to contract of lease;

the starting lease price - the initial amount of the monthly rent for use of municipal property with which the electronic auction on right to contract of lease begins;

the participant - the applicant allowed to participation in the biddings;

the electronic trading platform - the information system placed on the Internet for the organization and tendering and allowing the registered participants remotely (without personal presence) to perform electronic transaction operations;

the digital signature (DS) - information electronically attached to other information electronically and (or) logically related, used for determination of person on behalf of which information is signed;

the electronic document - the documentary information provided electronically that is in the type suitable for perception by the person, with use of electronic computers.

3. Document flow between applicants (or persons having the right to be effective from his name), participants (or persons having the right to be effective from his name), the operator of electronic trading platform and the lessor is performed through electronic trading platform in the form of electronic documents or electronic samples of documents (the paper documents transformed to electronic and digital form by scanning with preserving their details). This rule is not applied to the lease agreement of municipal property which consists the parties in simple written form.

4. The electronic documents connected with the organization and running an electronic auction on right to contract of lease of municipal property, including received from the lessor, applicants and participants are stored by the operator of electronic trading platform.

5. The conclusion of the lease agreement of municipal property is performed by results of the held electronic auction on electronic trading platform within 7 calendar days from the date of determination of the winner of electronic auction.

6. Conditions of delivery of municipal property, the right, obligation of the lessor and the lessee, responsibility of the parties and other lease term are established by the lease agreement of municipal property.

7. The lessee leases municipal property from coming into force of the lease agreement. The lease agreement becomes effective since the moment specified in the agreement, or in cases, stipulated by the legislation from the moment of state registration in the relevant state body.

8. The lessor, the operator of electronic trading platform is forbidden to act as lessees of municipal property.

2. Rights, obligations and responsibility of participants

9. The lessor for running an electronic auction on electronic trading platform on right to contract of lease of municipal property fills form and places the request (with the signature of the head of the lessor) in electronic format on electronic trading platform through its "private office", with appendix:

- calculation of the starting amount of the rent and lease term;

- the copies of technical data sheet or other technical documentation on the handed-over municipal property (the scheme, the plan) certified by seal of the lessor;

- the draft agreement about lease of municipal property.

10. The document form, and also drafts of standard agreements about lease of municipal property affirm the order of authorized state body as the sphere of local self-government.

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