RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 7, 2021 No. 164

About approval of the Regulations on procedure for realization of the Kyrgyz Republic of the privilege of purchase of strategic objects of the Kyrgyz Republic by the Cabinet of Ministers

According to article 4 of the Law of the Kyrgyz Republic "About strategic objects of the Kyrgyz Republic", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for realization of the Kyrgyz Republic of the privilege of purchase of strategic objects of the Kyrgyz Republic by the Cabinet of Ministers according to appendix.

2. To the state agency on management of state-owned property under the Cabinet of Ministers of the Kyrgyz Republic to create in a month and in accordance with the established procedure to approve staff of the Interdepartmental commission on questions of realization of the Kyrgyz Republic of the privilege of purchase of strategic objects by the Cabinet of Ministers (further - the Interdepartmental commission).

3. Determine working body of the Interdepartmental commission the State agency on management of state-owned property under the Cabinet of Ministers of the Kyrgyz Republic.

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

5. To impose control of execution of this resolution on department of economy and finance of Administration of the President of the Kyrgyz Republic.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of September 7, 2021 No. 164

Regulations on procedure for realization of the Kyrgyz Republic of the privilege of purchase of strategic objects of the Kyrgyz Republic by the Cabinet of Ministers

1. This Provision is developed according to the Law of the Kyrgyz Republic "About strategic objects of the Kyrgyz Republic" and determines procedure for realization of the Kyrgyz Republic of the privilege of purchase of strategic objects of the Kyrgyz Republic by the Cabinet of Ministers.

2. In this Provision the following concepts are used:

1) List of strategic objects - The list of strategic objects approved by the Cabinet of Ministers of the Kyrgyz Republic according to the recommendation of the Security Council of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About strategic objects of the Kyrgyz Republic";

2) strategic object:

- personal and real estate, property complexes, subsoil, tailings dams of mining and metallurgical production included in the List of strategic objects;

- shares (share) of legal entities in which property are personal and real estate, property complexes included in the List of strategic objects;

- shares (shares, shares) of the legal entities included in the List of strategic objects;

3) owner of strategic object:

- the physical, legal entity, including foreign persons in whose property there is strategic object;

- shareholders (participants) of legal entities whose shares (share) are strategic objects.

3. Action of this provision also extends in the relation:

1) the subsoil user having according to the legislation of the Kyrgyz Republic on subsoil mineral right, the tailings dams of mining and metallurgical production which are strategic objects;

2) the administrator in accordance with the established procedure performing the procedure of process of bankruptcy of strategic object providing according to the legislation of the Kyrgyz Republic on bankruptcy alienation by the administrator for the benefit of creditors of assets of strategic object or share of the legal entity created within restructuring of strategic object;

3) the pawnbroker or person designated by him as the managing director of pledge performing according to the legislation of the Kyrgyz Republic on pledge sale on open tenderings of subject of the pledge which is strategic object.

4. The Cabinet of Ministers of the Kyrgyz Republic has the privilege of purchase of strategic object in the following cases:

- sale or other alienation of personal and real estate, the property complexes which are strategic objects;

- alienation of share of the economic partnership and society which is strategic object or in property of which is strategic object, in case of non-use by participants of economic partnership and society or economic partnership and society of the privilege of purchase of share provided by the civil legislation of the Kyrgyz Republic;

- alienation of shares of the joint-stock company which is strategic object or in property of which is strategic object, in case of non-use by shareholders of private company and private company of the privilege of share purchase provided by the civil legislation of the Kyrgyz Republic;

- placement (alienation) of in addition issued shares of the joint-stock company which is strategic object or in property of which is strategic object, in case of non-use by shareholders of joint-stock company of the privilege of share purchase provided by the civil legislation of the Kyrgyz Republic;

- realization within process of bankruptcy at the biddings (auction or tender) of the strategic object declared (declared) bankrupt or shares of the legal entity created within restructuring of the strategic object declared (declared) bankrupt. In case of realization of strategic object at the biddings within bankruptcy process, the Cabinet of Ministers of the Kyrgyz Republic keeps the privilege of purchase at all subsequent biddings within which strategic object can be exposed with change of competitive conditions or decrease in the starting price according to the legislation of the Kyrgyz Republic on bankruptcy;

- realization by the pawnbroker or person designated by him as the managing director of pledge on open tenderings of subject of the pledge which is strategic object;

- alienation of share of the economic partnership and society having mineral right, the tailings dams of mining and metallurgical production which are strategic objects in case of non-use by participants of economic partnership and society or economic partnership and society of the privilege of purchase of share provided by the civil legislation of the Kyrgyz Republic;

- alienation of shares of the joint-stock company having mineral right, the tailings dams of mining and metallurgical production which are strategic objects in case of non-use by shareholders of private company or private company of the privilege of share purchase provided by the civil legislation of the Kyrgyz Republic.

5. The transactions on alienation of strategic object made in defiance of requirements of this provision without notice of the Cabinet of Ministers of the Kyrgyz Republic can be terminated judicially upon the demand of the Cabinet of Ministers of the Kyrgyz Republic.

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