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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 1992 No. 66

About approval of the Regulations on privatization of the state housing stock in the Republic of Kazakhstan

(as of October 16, 1999)

The Cabinet of Ministers of the Republic of Kazakhstan decides:

1. Approve the enclosed Regulations on privatization of the state housing stock in the Republic of Kazakhstan.

2. To regional executive committees, the Almaty and Lenin Gorispolkoms to repeal relevant provisions on sale to citizens of apartments and houses and to perform privatization of the state housing stock in the Republic of Kazakhstan according to the enclosed Provision.

3. Recognize invalid:

the resolution of Council of Ministers of the Kazakh SSR of January 18, 1989 N24. "About implementation of the resolution of Council of Ministers of the USSR of December 2, 1988 N1400 "About Sale to Citizens in Personal Property of Apartments in Houses of the State and Public Housing Stock" (JV KAZSSR, 1989, N 6, the Art. 24);

Item 1 of the resolution of Council of Ministers of the Kazakh SSR and Kazsovprof of July 10, 1989 N211 "About Approval of the Standard Regulations on Sale to Citizens of Apartments (Houses) in Personal Property and Payment of Expenses on Their Content and Repair" (JV KAZSSR, 1989, N 16, the Art. 57);

the resolution of Council of Ministers of the Kazakh SSR and Kazsovprof of February 26, 1990 N84 "About Approval of the Instruction about Procedure for Determination of Selling Cost of Apartments in Houses of the State and Public Housing Stock" (JV KAZSSR, 1990, N 10, the Art. 54).

 

Prime Minister

Republic of Kazakhstan

Regulations on privatization of the state housing stock in the Republic of Kazakhstan

This provision determines the legal basis, procedure, rules and procedures of privatization of premises and extends only to apartments (houses) and premises of room type in hostels of the state housing stock.

1. General provisions

1. Privatization of the state housing stock - free transfer and sale to property of citizens on voluntary basis of the premises occupied by them.

2. The legal relationship arising in the course of privatization of the state housing stock are regulated by the Laws of the Kazakh SSR "About privatization and privatization", the Housing code of the Republic of Kazakhstan, Regulations on the coupon mechanism of privatization of state-owned property in the Kazakh SSR and other regulations.

3. Have the right acquire the state apartments (houses) and premises of room type in hostels in property the citizens who are constantly living in the Republic of Kazakhstan.

4. Privatizations premises are not subject:

rented according to separate employment contracts to several employers, in case of disagreement at least of one of them to perform purchase;

in temporary structures;

in the structures having not planned constructions before registration of the last in accordance with the established procedure;

in rooms, to not meeting established health and technical requirements;

in the houses which are subject to re-equipment to non-residential premises;

in zones of side jobs;

in houses of the closed military camps;

in the houses which are subject to demolition, except as specified, determined by heads of local administrations;

located in the territory of sanatoria, dispensaries, rest houses, hunting farms, reserves, natural wildlife areas and other nature protection objects and being under their authority;

included in number office (except sovkhoz);

in departmental houses of organizations of social protection of the population.

5. Privatization of apartments in the houses which are historical and cultural monuments is allowed from the obligatory consent of the relevant state bodies.

6. The right to non-paid obtaining in property of the premises of the state housing stock occupied by them is had:

- participants of the Great Patriotic War;

- disabled people of I and II groups (except for persons whose disability came owing to illegal actions);

- participants of recovery from the accident on the Chernobyl NPP in exclusion zone;

- citizens whose state of health according to the conclusion of VTEK worsened owing to explosions on Semipalatinsk Test Site, and also radiation exposure on other nuclear objects civil or military which list determines the Cabinet of Ministers of the Republic of Kazakhstan;

- the wars internationalists which became disabled people in connection with execution of international debt.

The above-stated categories of citizens are allocated with also privatization coupons.

The right to non-paid obtaining can be provided to property of the premises occupied by them also to other categories of citizens according to the Laws of the Republic of Kazakhstan, resolutions of the Supreme Council of the Republic of Kazakhstan, Decrees and resolutions of the President of the Republic of Kazakhstan, resolutions of the Cabinet of Ministers of the Republic of Kazakhstan and decisions of local councils of People's Deputies.

7. The apartments provided in case of demolition of the premises which were in their personal property as a result of seizure of land for the state or social needs are subject to voluntary conveyance in property of citizens.

8. The non-paid property right to the house or the apartment removed for rent for the former house owners (and in the absence of those - for the heirs living in the apartment provided to the former owner) is recognized to whom provided apartments in case of demolition of the premises which were in their personal property and did not compensate their cost according to the laws existing during this period time.

2. Procedure for privatization

9. Privatization of premises is made according to the procedure, determined by local councils of People's Deputies according to this Provision.

10. Privatization of premises is made from written consent of all constantly living full age family members.

11. Privatization of premises is drawn up by the purchase and sale agreement (transfer), and also the registration certificate and technical data sheet issued to Bureau of technical inventory count (for villagers - in local council of People's Deputies).

12. The privatized premises pass into common joint property of the employer and the family members who are constantly living with it, including family members including who are temporarily absent if other is not provided by the contract between them.

13. The refusal to the citizen in privatization of its apartment (house) and premises of room type in hostels is not allowed, except as specified, stipulated in Article 4 this provision.

14. Privatization of the premises occupied by citizens the houses included in title of capital repairs according to regulations of operation of repair of housing stock, performing after carrying out capital repairs by the lessor. In case of the consent of all residents of the house the corresponding compensation with the subsequent carrying out repair at the expense of residents is paid for not made repair by the lessor.

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