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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 27, 2020 No. 519

About approval of regulations on procedure for holding auctions for sale of municipal property in electronic format

For the purpose of implementation of 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 for sale of municipal property in electronic format according to appendix.

2. Recommend to local government bodies to be guided in case of sale of municipal property by the above-stated provision.

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

Prime Minister of the Kyrgyz Republic

S. Zhaparov

Appendix

to the Order of the Government of the Kyrgyz Republic of October 27, 2020 No. 519

Regulations on procedure for holding auctions for sale of municipal property in electronic format

I. General provisions

1. This provision establishes procedure for the organization and holding auctions for sale of municipal property (except for the parcels of land) in electronic format, according to the Privatization program of objects of the municipal property approved by representative bodies of local self-government.

2. The objects of municipal property submitted for auction are subject to public discussion with local community:

- in the cities of republican and regional value by placement on the official sites of local government bodies;

- in the cities of district value and ayylny aimags by holding meetings, descents, kurultais.

The privatization program of objects of municipal property is developed according to articles 13 of the Law of the Kyrgyz Republic "About municipal property on property".

3. The concepts used in this Provision:

the seller - executive body of local self-government;

electronic auction - sales method of municipal property by tendering in case of which the purchase and sale agreement consists the person who offered and paid the highest price for subject to privatization;

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;

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;

lot - the object exposed for sale at auction;

the starting price - the price of object of sale established as initial at auction;

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 - 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.

4. Document flow between participants (or persons having the right to be effective from his name), the operator of electronic trading platform and the seller is performed through electronic trading platform in the form of electronic documents, representing the scanned or photographic image of the paper document transformed by means of technical means to electronic form as a unit, without modification of contents of the scanned paper document. This rule is not applied to sale of municipal property which consists the parties in simple written form.

5. The electronic documents connected with the organization and running an electronic auction selling municipal property, including received from the seller, participants are stored by the operator of electronic trading platform.

6. The conclusion of the sales agreement of municipal property is performed by results of the held electronic auction on electronic trading platform within 7 (seven) calendar days from the date of determination of the winner of electronic auction.

7. The winner of auction acquires municipal property from coming into force of the sales agreement. The sales agreement becomes effective after state registration in the relevant authorized state body in the sphere of registration of the rights to real estate in the procedure established by the legislation.

8. The standard agreement about sale of municipal property affirms the order of authorized state body as the sphere of local self-government.

II. Rights, obligations and responsibility of the seller and participants

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

- calculation of starting selling price;

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