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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 6, 2019 No. 832

About approval of Rules of transfer, realization, liquidation by means of destruction, utilization, burials and conversions of idle property, and also provision in property employment (lease) of not used defensive objects

According to the subitem 12) of article 5 of the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defensive order" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transfer, realization, liquidation by means of destruction, utilization, burial and conversion of idle property, and also provision in property employment (lease) of not used defensive objects.

2. Bring in the order of the Government of the Republic of Kazakhstan of January 21, 2013 No. 16 "About approval of Rules of transfer, realization, utilization and write-off of property, and also provision in property employment (lease) of real estate of special state bodies of the Republic of Kazakhstan" the following changes:

in Rules of transfer, realization, utilization and write-off of property, and also provision in property employment (lease) of real estate of the special state bodies of the Republic of Kazakhstan approved by the specified resolution:

state Item 3 in the following edition:

"3. Transfer, realization, utilization and write-off (registration of death and destruction) of separate types of property of special state bodies, except for the idle property provided in the subitem 33) of article 1 of the Law of the Republic of Kazakhstan "About defense industry and the state defensive order" are performed according to the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and other regulatory legal acts adopted for the purpose of its realization";

7, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, of 21, of 22, of 23, of 24, of 25, of 26, of 27, of 28, of 29, of 30, of 31, 32 and 33 to exclude Items.

3. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

4. This resolution becomes effective from the date of signing.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of November 6, 2019 No. 832

Rules of transfer, realization, liquidation by means of destruction, utilization, burial and conversion of idle property, and also provision in property employment (lease) of not used defensive objects

Chapter 1. General provisions

1. These rules of transfer, realization, liquidation by means of destruction, utilization, burial and conversion of idle property, and also provision in property employment (lease) of not used defensive objects (further - Rules) are developed according to the subitem 12) of article 5 of the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defensive order" (further - the Law) and determine procedure for transfer, realization and liquidation by means of destruction, utilization, burial and conversion of idle property, and also provision in property employment (lease) of not used defensive objects.

2. In these rules the following basic concepts are used:

1) auction - form of the biddings in case of which participants declare the offers publicly, carried out with use of the web portal of the register in electronic format;

2) the salesroom - the Section of the web portal of the register providing possibility of input, storage and the information processing necessary for holding the auction;

3) auction number - number assigned to the participant for participation at auction in the presence of the digital signature issued by national certification center of the Republic of Kazakhstan;

4) military property - defensive objects, all types of arms, military equipment, ammunition, special means and other property which is on the right of operational management of Armed Forces, other troops and military forming;

5) military equipment - fighting vehicles warships (motor boats and military auxiliary vessels), military aircrafts, and also the ships (motor boats and other vessels), aircrafts and other aircraft which equip Armed Forces, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan;

6) the single operator - the single operator determined according to the order of the Government of the Republic of Kazakhstan, rendering electronic and other services to users of the register of state-owned property using information systems;

7) the asset holder - the state legal entity to whom the property is assigned;

8) the employer (lessee) - the physical or non-state legal entity if other is not provided by the laws of the Republic of Kazakhstan;

9) private auction - the form of the biddings on realization of not used arms and military equipment in which the limited circle of participants participates and the main criterion of determination of the winner is the offered highest price;

10) the guarantee fee in private auction or the tender - the sum of money granted by the physical or non-state legal entity for participation in the biddings in the amount of, determined by authorized organization from starting price of lot and approved by the commission on questions of realization of idle property;

11) the lessor - public institution in which operational management there are defensive objects, and providing not used defensive objects in property employment (lease);

12) the closed tender - the form of the biddings on realization of not used arms and military equipment in which the limited circle of participants takes part and the main criterion of determination of the winner is the offered highest price, in case of observance of sales terms;

13) the participant - the physical or non-state legal entity registered in accordance with the established procedure for participation in the biddings;

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