LAW OF THE KYRGYZ REPUBLIC

of March 15, 2002 No. 37

About municipal property on property

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on February 8, 2002

This Law governs the relations connected with origin, implementation and the termination of the right of municipal property to property in the Kyrgyz Republic and does not extend to the relations connected with financial and economic bases of local self-government which are regulated by other laws of the Kyrgyz Republic.

Chapter 1 General provisions

Article 1. The basic concepts used in this Law

In this Law the following concepts are used:

non-residential fund - buildings, constructions, objects and places intended for social servicing of the population, placement of administrative agencies and public organizations except common property of the apartment house;

municipal property - the property of local communities which is in ownership, use, the order of local government bodies, being source of receipt of the income of local self-government and necessary for implementation of functions of local self-government according to the legislation of the Kyrgyz Republic;

privatization of municipal property - property acquisition, being in municipal property (subjects to privatization), in property of physical persons and legal entities;

the legislation on privatization of municipal property - the regulatory legal acts of the Kyrgyz Republic regulating procedure for privatization of municipal property.

Article 2. Right of municipal property to property

1. The relations connected with origin, implementation and the termination of the right of municipal property to property are regulated by the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts of the Kyrgyz Republic, and also international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

2. Local government bodies at discretion can acquire, own, use and dispose of the municipal property necessary for the solution of questions of local value, according to the legislation of the Kyrgyz Republic.

Article 3. Coverage of this Law

1. Operation of this Law extends to the municipal property which is in ownership, use and the order of local government bodies irrespective of whether there are they in the territory subordinated to them or not.

2. In municipal property there can be the following property:

- buildings, the equipment and other personal estate of the local government bodies and companies which are under their authority;

- objects of education, health care, culture, sport and tourism;

- objects of housing-and-municipal, repair and construction and transport economy, equipment and materials necessary for ensuring activities of local government bodies;

- networks and infrastructure facilities of transport, power, water supply, sewer constructions and communications which are serving the corresponding territory and not belonging to the companies which are in the state-owned and private property;

- property complexes of trade enterprises, public catering and life, and also construction and equipment for their operation, content and servicing;

- not privatized the housing and non-residential funds belonging to local government bodies;

- streets, bridges and roads of settlements;

- the public parks and lands allocated under parks, and other subjects to improvement and green economy;

- the woods and agricultural holdings, lakes, sources of water and the mineral deposit of local value if they are not carried to the list of the state natural resources;

- historical and cultural monuments of local value;

- the parcels of land including which are under objects of municipal property in the borders provided by the corresponding projects and also undeveloped lands;

- objects of construction in progress;

- other objects necessary for the solution of questions of ensuring activity of the population of the corresponding territory.

Chapter 2 Origin and state registration of the right of municipal property. Accounting of objects of municipal property

Article 4. Participation of local community in management and order of municipal property

The local community directly participates in management and the order of municipal property by appeals to local government bodies which are subject to obligatory consideration by local government bodies with acceptance of adequate measures.

Article 5. Emergence of the right of municipal property to property

The municipal property on property is created:

- by means of transfer of objects of state-owned property to local government bodies according to the legislation and according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic;

- from the means arriving in the local budget in the form of the local taxes, charges and others, established by the legislation of the Kyrgyz Republic of obligatory payments; the sums granted by citizens and legal entities, state bodies and organizations for lease and use of municipal property; the dividends and percent, means obtained from realization of the property seized in the procedure established by the law, donations, other receipts which are not forbidden by the legislation;

- by means of acquisition of objects in property from citizens and legal entities according to civil transactions (purchase and sale, exchange, donation, non-execution of the contractual commitments by other party);

- by means of deprivation of the property right or other forced withdrawal of property according to obligations to local government bodies or different way by a court decision;

- as a result of recognition of the ownerless thing which arrived in municipal property the judgment;

- as a result of construction, production or creation of new objects at the expense of means of local government bodies;

- in other cases, stipulated by the legislation the Kyrgyz Republic.

Article 6. Transfer of state-owned property to municipal property

State-owned property is transferred to local government bodies under following conditions:

- when the property is necessary for the solution of questions of local value;

- when the property has cultural or historical value or is used in other socially useful purposes;

- when the state provides local government bodies with necessary financial resources for management and the order of property independently, and also by means of the agreement with the third party.

The state-owned property (companies) which is of the state importance and republican value for the republic cannot be transferred to local government bodies.

Acceptance of the objects of state-owned property transferred to the municipal possession is made with the consent of the local kenesh.

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