of March 18, 2024 No. 194
About approval of Rules of cession of property of public institution to law enforcement and special state bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming for taking measures to the prevention and liquidation of emergency situation of social nature, and also in case of introduction of emergency or warlike situation
According to Item 1 of article 161 of the Law of the Republic of Kazakhstan "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
O. Bektenov
Approved by the Order of the Government of the Republic of Kazakhstan on March 18, 2024 No. 194
1. These rules of cession of property of public institution to law enforcement and special state bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming for taking measures to the prevention and liquidation of emergency situation of social nature, and also in case of introduction of emergency or warlike situation (further – Rules) are developed according to Item 1 of article 161 of the Law of the Republic of Kazakhstan "About state-owned property" and determine procedure for cession of property of public institution to law enforcement and special state bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming for taking measures to the prevention and liquidation of emergency situation of social nature, and also in case of introduction of emergency or warlike situation.
2. In these rules the following concepts are used:
1) emergency situation of social nature – the emergency situation caused by origin in certain territory of contradictions and the conflicts in the sphere of the social relations which can entail or the human victims, damnification to health entailed, significant property damage or violations of conditions of activity of the population;
2) public institution – the non-profit organization created by the state and containing only for the budget account or the budget (expense budget) of National Bank of the Republic of Kazakhstan if additional sources of financing are not established by the laws of the Republic of Kazakhstan, for implementation of managerial, welfare or other functions of non-commercial nature;
3) state-owned property – republican and municipal property (further – property);
4) warlike situation – the particular legal regime providing complex of the political, economic, administrative, military and other measures directed to creation of conditions for prevention or reflection of aggression against the Republic of Kazakhstan or direct external threat of its safety, and entered by the President of the Republic of Kazakhstan in all territory of the Republic or in its certain areas;
5) emergency state – the temporary measure applied only for the benefit of safety of citizens and protection of the constitutional system of the Republic of Kazakhstan and representing the particular legal regime of activities of state bodies, organizations allowing establishment of separate restrictions of the rights and freedoms of citizens, foreigners and stateless persons, and also the rights of legal entities and assigning to them subsidiary duties.
3. Law enforcement and special state bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming for taking measures to the prevention and liquidation of emergency situation of social nature, and also in case of introduction of emergency or warlike situation address to public institutions with the request about the need for necessary property constituted in form according to appendix 1 to these rules (further – the request).
At the same time in the request the reference to the decision of the head of state body according to the prevention and liquidation of emergency situation of social nature or regional (the cities of republican value, the capital) operational staff or the Presidential decree of the Republic of Kazakhstan about introduction of emergency or warlike situation is specified.
To the direction of the request refining about availability at public institution of the property necessary for needs of law enforcement and special state bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming is allowed.
4. The first head of public institution or person authorized by it consider the request and make the decision on transfer or refusal in cession of property of public institution no more than 1 (one) calendar day from receipt date of the request in time.
The decision on cession of property of public institution is written coordination by the first head or person of the request authorized by it (further – the decision).
The basis for refusal in cession of property of public institution is its absence on balance of public institution and also if the cession of property of public institution can lead to violation of continuity of its activities.
5. The cession of property of public institution is performed in day of receipt of the decision by means of creation of the delivery-acceptance certificate of property of public institution in form according to appendix 2 to these rules (further – the delivery-acceptance certificate).
In case of reception-transmission of property the transferring and accepting parties jointly determine its physical and technical condition, establish its suitability for further use which is reflected in the delivery-acceptance certificate. The property not suitable for proper use, transfer or acceptance is not subject.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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