RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 20, 2024 No. 126

About approval of the Procedure for alienation of the objects which passed into state-owned property on the bases provided by the civil legislation of the Kyrgyz Republic, the legislation of the Kyrgyz Republic on violations, the penal and criminal procedure legislation of the Kyrgyz Republic

For the purpose of implementation of article 3 of the Law of the Kyrgyz Republic "About privatization of state-owned property in the Kyrgyz Republic", according to article 91 of the Constitution of the Kyrgyz Republic, Articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for alienation of the objects which passed into state-owned property on the bases provided by the civil legislation of the Kyrgyz Republic, the legislation of the Kyrgyz Republic on violations, the penal and criminal procedure legislation of the Kyrgyz Republic according to appendix.

2. This resolution becomes effective from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 20, 2024 No. 126

Procedure for alienation of the objects which passed into state-owned property on the bases provided by the civil legislation of the Kyrgyz Republic, the legislation of the Kyrgyz Republic on violations, the penal and criminal procedure legislation of the Kyrgyz Republic

Chapter 1. General provisions

1. This procedure determines conditions and procedure for alienation of the objects which passed into state-owned property on the bases provided by the civil legislation of the Kyrgyz Republic, the legislation of the Kyrgyz Republic on violations, the penal and criminal procedure legislation of the Kyrgyz Republic.

2. Action of this Procedure extends to alienation of objects, the right of state-owned property to which arose:

1) based on the agreement, the provisional agreement or other agreement of civil nature on voluntary voluntary conveyance of the property in state-owned property signed by authorized state body in the sphere of management of state-owned property with person who is the person accused or certain body of the investigation at stage of pre-judicial criminal proceedings affiliated with the accused person;

2) based on the agreement, the provisional agreement or other agreement on voluntary cession of property in state-owned property on account of compensation of the caused damage within activities of law enforcement and supervisory authorities for fight against organized crime and corruption;

3) based on conviction of court according to article 69 of the Criminal code of the Kyrgyz Republic and the executive document on confiscation of property;

4) as a result of the address to state-owned property of the property collected by Financial and credit fund under the Ministry of Finance of the Kyrgyz Republic on account of debt repayment on budget credits according to Item 129 of the Regulations on work with the budget credits granted from the republican budget approved by the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About approval of the Regulations on work with the budget credits granted from the republican budget" of July 29, 2022 to No. 406;

5) based on the civil transaction about voluntary voluntary conveyance of property in state-owned property;

6) concerning property:

- transferred to state-owned property by economic societies of the share/share of which the states, on the bases provided by this Item of the Procedure carried over;

- acquired by economic societies with the state share based on civil transactions, revealed within activities of law enforcement and supervisory authorities;

7) concerning the parcels of land:

- provided by local government bodies in state-owned property or in unlimited use to state bodies, accepted earlier from physical persons and legal entities based on the civil transactions revealed within activities of law enforcement and supervisory authorities for fight against organized crime and corruption;

- provided by local government bodies in state-owned property or in unlimited use to state bodies, earlier being in property or in temporary use at the physical persons and legal entities revealed within activities of law enforcement and supervisory authorities for fight against organized crime and corruption;

- provided by local government bodies in unlimited use to state bodies and on which the real estate objects which are on balance of economic societies which shares/shares passed into state-owned property on the bases provided by this Item of the Procedure are located;

- provided by local government bodies in unlimited use to state bodies and on which the real estate objects which passed into state-owned property on the bases provided by this Item of the Procedure are located.

3. The objects which are subject to alienation according to this Procedure are approved by authorized state body in the sphere of management of state-owned property with authorized state body of the Kyrgyz Republic in the sphere of homeland security.

4. The questions of alienation of objects which are not settled by this Procedure are regulated by the civil legislation of the Kyrgyz Republic and the agreement of the parties.

5. Alienation of objects is made by the following methods:

1) sale on electronic trading platform;

2) sale by direct negotiations;

3) introduction as contribution to the authorized capital of economic society;

4) voluntary conveyance in municipal property.

6. Mechanisms and the equipment, furniture and office equipment, inventories are transferred by authorized state body in the sphere of management of state-owned property to the economic jurisdiction of the specialized jurisdictional state enterprise for further sale to subjects of trading activity or realization on commercial terms by general rules of civil circulation.

7. The authorized state body in the sphere of management of state-owned property has the right to sign on paid basis the agreement on right to claim concession according to the provisional agreement about voluntary and voluntary conveyance of subject of construction object to the following persons:

1) to the customer (builder) of construction object, the prime contractor or the owner of the parcel of land under construction object;

2) to person who signed with the customer (builder) the provisional agreement at construction stage;

3) to economic society in which authorized capital belong to the state 50 and more percent of shares (shares), on account of increase in the authorized capital according to the laws on joint-stock and economic companies.

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