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.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 20, 2024 No. 126
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;
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.
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.
The authorized state body in the sphere of management of state-owned property has the right to sign the agreement on right to claim concession according to the provisional agreement about voluntary and voluntary conveyance of subject of construction object on a grant basis to state bodies, local government bodies and the state companies.
8. Physical persons and legal entities of the Kyrgyz Republic, foreign physical persons and legal entities can be acquirers of objects.
9. Market value of objects for the purposes of paid alienation is determined by the independent appraiser (the estimative organization). Customers of evaluating are authorized state body in the sphere of management of state-owned property or its specialized jurisdictional state enterprise.
10. If the object which passed into state-owned property according to the subitem 2 Items 2 presents of the Procedure concerning which law enforcement or supervisory authorities carry out assessment of market value (in the presence of the available report of the independent appraiser (the estimative organization) is paid alienated it can be used for sales objectives provided that from date of assessment there passed no more than 12 months.
10-1. According to the reasonable offer of authorized state body of the Kyrgyz Republic in the sphere of homeland security in case of compensation of the transferred property to the possession of the state other property person who under the agreement, the provisional agreement or other agreement of civil nature voluntarily and gratuitously transferred property to state-owned property can sign with authorized state body in the sphere of management of state-owned property in accordance with the established procedure the agreement on agreement cancelation, the provisional agreement or other agreement of civil nature.
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