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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2015 No. 227

About approval of Rules of realization or use of the property arrested based on the court verdict on criminal case regarding confiscation of property or based on the decision on cession of property to the state

(as amended on 14-12-2022)

According to article 75 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" I ORDER:

1. Approve the enclosed Rules of realization or use of the property arrested based on the court verdict on criminal case regarding confiscation of property or based on the decision on cession of property to the state.

2. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (Utepov E. K.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

It is approved

Minister of Justice of the Republic of Kazakhstan

"___ " ___________ 2015

 

___________ B. Imashev

It is approved

Minister of national economy of the Republic of Kazakhstan

"___" __________ 2015

 

___________ E.Dosayev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of March 30, 2015 No. 227

Rules of realization or use of the property arrested based on the court verdict on criminal case regarding confiscation of property or based on the decision on cession of property to the state

1. These rules of realization or use of the property arrested based on the court verdict on criminal case regarding confiscation of property or based on the decision on cession of property to the state (further – Rules) are developed according to article 75 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives".

Chapter 1. General provisions

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

1) current price – the property price developing during trading in the form of auction on advance in price or the announced price developing during trading in the form of auction on reduction in price;

2) the initial price – the property price determined based on the valuation report of property value submitted by independent consultants or the appraiser, and established by the commission;

3) 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;

4) 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;

5) 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;

6) subjects of social services - the organizations of education registered in the form of the state legal entity for orphan children and children without parental support, preschool and secondary education, temporary stay, medico-social organizations (organizations);

7) the starting price - the price with which the biddings on property begin;

8) minimum price - the price below which the property cannot be realized;

9) the winner - the participant of auction who offered top price for property and the signatory electronic protocol on auction results;

10) local executive bodies - the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

11) the guarantee fee - the sum of money in the amount of 15% of starting price of property granted by the physical or non-state legal entity for participation in the biddings, but no more than 30000-fold monthly settlement indicator;

12) the commission - the commission created according to the Rules of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases, approved by the order of the Government of the Republic of Kazakhstan of July 26, 2002 No. 833 "Some questions of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases" (further – Rules of accounting);

13) the commission order - integral part of the agreement on public procurements (commission) in which the property and its cost which is subject to transfer in the relevant budget and also the amount deposited by trade organization to account of the seller as financial provision of obligation fulfillment according to the commission order is specified;

14) the bidder - the physical or non-state legal entity registered in the procedure established by these rules for participation in auction;

15) the state legal entities - the state companies and public institutions;

16) the Single operator in the field of accounting of state-owned property (further – the single operator) – the legal entity determined by the order of the Government of the Republic of Kazakhstan of July 15, 2011 No. 802 "About determination of the single operator in the field of accounting of state-owned property";

17) the agreement on public procurements (commission) – the civil agreement signed by means of the web portal of public procurements between the customer and the supplier, certified by digital signatures according to the legislation of the Republic of Kazakhstan on public procurements;

18) property - the property turned (arrived) into property of the state on the separate bases;

19) selling price – the final price of property established as a result of the biddings;

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