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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;

14) arms - the different types of weapon, complexes and systems intended for defeat of manpower, the equipment and infrastructure facilities, destruction of structures (strengthenings), the means imitating the specified components, ammunition, and also systems, devices, carriers and devices;

15) defensive object - the real estate assigned on the right of operational management to public institutions of Armed Forces, other troops and military forming;

16) the organizations of defense industry complex (further - the OPK organizations) - the domestic producers and domestic suppliers of works, services having the license in the sphere of turnover of arms, military equipment;

17) lot - the part of implementable idle property determined by authorized organization and consisting of one or several objects of realization;

18) starting price of lot - the price determined based on book value for arms and military equipment or estimated value for other idle property;

19) the starting price of lot - the price with which the biddings on each lot begin;

20) minimum price of lot - the price below which lot cannot be sold;

21) ammunition - the arms components which are directly intended for defeat of manpower, the equipment and infrastructure facilities, destruction of structures (strengthenings) and also the means imitating the specified components;

22) sales price - the final price of lot established as a result of the biddings;

23) object of realization - idle property unit;

24) not used arms and military equipment - the idle property corresponding to the parameters shown to arms and military equipment;

25) book value of not used arms and military equipment - the amount on which not used arms and military equipment are recognized the balance sheet;

26) idle property - removed from arms, not suitable for use for the intended purpose, the storages which are written off, served warranty periods in inventories, the going to excess military property of Armed Forces, other troops and military forming which is not finding applications, except for defensive objects, and also the removed from the arms not suitable for use for the intended purpose, written off, served warranty periods of storage in inventories which are not finding applications going to excess arms, military equipment, special means, individual protection equipment, property of radiation, chemical, biological protection, vehicles of special purpose, special technical means, technical means of special state and law enforcement agencies of the Republic of Kazakhstan;

27) original cost of idle property - the cash amount or their equivalents paid for property or the fair value offered for property at the time of its acquisition;

28) the guarantee fee at auction or the tender for realization of idle property - the sum of money in the amount of 15% of starting price of lot granted by the physical or non-state legal entity for participation in the biddings;

29) the commission on distribution of idle property - the advisory advisory body created by authorized body for consideration of requests and pronouncement of recommendations about transfer, realization, liquidation and conversion of idle property, operating according to the procedure established by authorized body;

30) the commission on questions of realization of idle property - the body created by authorized organization for preparation and tendering for realization of idle property;

31) the buyer - the physical person or the non-state legal entity acquiring idle property in the course of alienation of state-owned property;

32) the tender - form of the biddings in case of which participants declare the price offers loaded into the closed electronic envelope on the specially allotted web page of the register;

33) the web portal of the register - the Internet resource placed on the Internet to the address: www.gosreestr.kz providing single point of access to the electronic database about objects of sale of the register of state-owned property (further - the register) and agreements of property hiring (lease) of state-owned property;

34) the tender documentation - set of the documents containing initial information on technical, commercial, organizational and other characteristics of idle property or not used defensive objects, and also conditions and bidding procedure, necessary and sufficient for tendering in the form of the tender or the closed tender, for the purpose of the subsequent conclusion of agreements of property hiring (lease) or purchase and sale with their winner;

35) authorized body - the state body performing management and coordination in the field of defense industry and the state defensive order;

36) authorized organization - the legal entity determined by the Government of the Republic of Kazakhstan, performing commodity import of military (products), goods (products) of dual purpose (application), military works and military services, realization (including export), liquidation by means of destruction, utilizations, burials and conversion of idle property, except for ammunition, rendering services in provision in property employment (lease) of not used defensive objects, participation in the international exhibitions in the field of defense industry and their organization in the territory of the Republic of Kazakhstan;

37) commission fee of authorized organization - the cost amount of authorized organization consisting of expenses on property assessment, the organization of the biddings and the commission of authorized organization;

38) the agreement identifier - the unique agreement number assigned by the web portal of the register;

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