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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2007 No. 1371

About approval of Rules of voluntary and voluntary conveyance of property from private property in state

(as amended on 28-09-2011)

According to Article 192 of the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 the Government of the Republic of Kazakhstan DECIDES:

1. Ceased to be valid  according to the Order of the Government of the Republic of Kazakhstan of 28.09.2011 No. 1103

2. Bring in 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" (SAPP of the Republic of Kazakhstan, 2002, No. 25, the Art. 260), the following changes:

in the Rules of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases, approved by the specified resolution:

in the subitem 5) of Item 2 of the word "gratuitously passed in accordance with the established procedure into republican property" shall be replaced with words "passed into republican property in other cases stipulated by the legislation";

5) of Item 3 to exclude the subitem.

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

 

Prime Minister

Republic of Kazakhstan K. Masimov

Approved by the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1371

Rules of voluntary and voluntary conveyance of property from private property in state

1. General provisions

1. These rules are developed for the purpose of streamlining of cession of property from private property in state, performed on voluntary and non-paid basis, and determine the corresponding procedure.

2. The decision on cession of property from private property in state is made by the owner of property and shall be drawn up in the procedure established by the legislation.

2. Procedure for transfer and acceptance of property to state-owned property

3. The owner of the property transferred to state-owned property addresses to state body in the sphere of management of objects of republican property (further - authorized body), or its territorial authority, or in akimat of area (the city of republican value, the capital) (further - akimat) with the offer on voluntary and voluntary conveyance of property in state-owned property. The territorial authority in three-day time sends the appeal of the owner of property to authorized body.

4. The authorized body or akimat within 7 calendar days from the date of receipt of the address of the owner of property notifies on the available offer on cession of property in state-owned property the central executive bodies or executive bodies financed from the local budget, authorized by akimat on implementation of separate functions of local public administration (further - state bodies) for submission of the conclusion about need of acceptance of property in state-owned property.

5. State bodies within 30 calendar days from the date of receipt of the relevant proposal prepare the conclusions about need (lack of need) of acceptance of property in state-owned property and send to authorized body or to akimat.

By preparation of the conclusion about need of acceptance of property in state-owned property by state bodies for inspection of property the commission from number of persons employed of the relevant state body can be created.

6. The main criteria by consideration of question of need of acceptance of property in state-owned property are:

1) economic feasibility of acceptance of property in state-owned property;

2) appointment and use of property after acceptance in state-owned property.

In the conclusion of state body the public institution or the state company (further - the state legal entity) shall be specified behind which fixing of the specified property, taking into account the set standard rates and limits of polozhennost of property, stipulated by the legislation the Republic of Kazakhstan, and also finance costs on content and operation of the accepted property is supposed.

Determination by the owner of the property transferred to state-owned property of the particular state legal entity for transfer of this property is not obligatory for execution by Authorized body or akimat.

7. In case of feasibility the decision on acceptance of property in republican property is made:

1) in case of property value of legal entities and physical persons of more 30000-fold size monthly settlement pokazatelyapravitelstvo of the Republic of Kazakhstan, on representation of authorized body;

2) in case of property value of legal entities and physical persons of less 30000-fold size monthly settlement pokazatelyaupolnomochenny body.

The decision on acceptance of property in municipal property is made by akimat.

8. Assessment of property of physical persons, is performed according to the legislation on estimative activities. Money and securities are estimated face value without involvement of the appraiser.

9. The property value of legal entities and individual entrepreneurs is confirmed by the statement from balance and other documents.

10. After decision making, stipulated in Item 7 these rules, the owner of property and the state legal entity to whom the accepted property is assigned and also authorized body or akimat, in time no more than 20 calendar days, draw up the delivery-acceptance certificate of property (the transfer act).

11. The delivery-acceptance certificate (the transfer act) is drawn up in triplicate in the state and Russian languages, in one copy for each of the parties participating in execution of the delivery-acceptance certificate (the transfer act).

12. Registration of real estate is performed according to the legislation on state registration of the rights to real estate.

13. The authorized body or akimat records voluntarily and the donated property from private property in state.

14. It is excluded

15. Transfer and registration of objects of the security market, is made after decision making, stipulated in Item 7 these rules, according to the legislation on the security market.

16. The property in the form of money is enlisted in the income of the republican budget. The foreign currency is enlisted in the income of the republican budget for the market rate of currency exchange of National Bank of the Republic of Kazakhstan determined on the date of decision making, stipulated in Item 7 these rules.

Transfer of the specified money which is non-tax receipts in the republican budget is made by the owner in the government budget on the corresponding codes of the Single budget classification approved by the decision of the Government of the Republic of Kazakhstan within 20 calendar days after decision making, stipulated in Item 7 these rules.

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