ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2008 No. 642

About approval of Regulations of Admission of subjects to concession in state-owned property

According to the subitem 6) article 11 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions", PRIKAZYVAYU:

1. Approve the enclosed Regulations of Admission of subjects to concession in state-owned property.

2. To department of methodology of management of the state assets and public procurements of the Ministry of Finance of the Republic of Kazakhstan (Tashenev B. H.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent publication in official mass media in the procedure established by the legislation.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the order of the Minister of Finance of the Republic of Kazakhstan of December 30, 2008 No. 642

Regulations of Admission of subjects to concession in state-owned property

These rules of acceptance of subjects to concession in state-owned property (further - Rules) are developed according to the subitem 6) of article 11 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" (further - the Law) and determine procedure for acceptance of subjects to concession in state-owned property.

1. General provisions

1. The subjects to concession which resulted from execution of the term of the contract of concession are transferred after their creation to state-owned property if other is not provided by the agreement of concession.

2. In these rules the following basic concepts are used:

the concessionary - the physical person performing business activity, and (or) the legal entity, except for public institutions and subjects of the quasi-public sector, fifty and more percent of voting shares which signed the agreement of concession (shares in the authorized capital) which directly or indirectly belong to the state (except the organizations for financing of concessionary projects), including performing the activities on the basis of cooperation agreement (particular partnership);

concession - the activities directed to creation (reconstruction) and operation of subjects to concession, performed at the expense of means of the concessionary or on the terms of joint financing by the concedent;

the moment of creation of subject to concession - approval date of the acceptance act of subject to concession in operation;

subject to concession - the objects of social infrastructure and life support included in the list which are created (are reconstructed) and operated under the agreement of concession;

authorized state body on implementation of the right of the order republican property - the state body performing within the competence special executive and control functions in the sphere of management of objects of republican property, privatization and state monitoring of property, in industries (spheres) of economy having strategic importance;

authorized state body of the corresponding industry - the central executive body performing management of the corresponding industry (sphere) of public administration.

3. Objects are accepted in state-owned property:

authorized state body on implementation of the right of the order republican property - concerning the subjects to concession relating to republican property;

local executive bodies of areas (the city of republican value, the capital) - concerning the subjects to concession relating to municipal property.

2. Procedure for acceptance of subjects to concession in state-owned property

4. The concessionary within thirty working days from the moment of creation (construction) of the subject to concession which is subject to acceptance in state-owned property, or in terms the concessions provided by the agreement addresses to authorized state body of the corresponding industry - concerning the subjects to concession relating to republican property or local executive bodies of areas (the city of republican value, the capital) - concerning the subjects to concession relating to municipal property with the application for admission of subject to concession in state-owned property and submits documents according to the list of the documents represented by the concessionary to state body for acceptance of subjects to concession in state-owned property, given in appendix to these rules.

5. The authorized state body of the corresponding industry within five working days from the date of receipt of the address of the concessionary notifies authorized state body on implementation of the right of the order by republican property on the address of the concessionary about completion of construction (creation) of the subject to concession which is subject to acceptance in republican property according to the agreement of concession and consideration of possibility of acceptance of this subject to concession in state-owned property.

6. In the notification of authorized state body of the corresponding industry the state legal entity for whom fixing of the specified subject to concession which is subject to acceptance in state-owned property is supposed is specified and the written consent of the state legal entity about fixing of the specified subject to concession is attached.

7. Authorized state body on implementation of the right of the order republican property and local executive bodies of areas (the city of republican value, the capital) in 10-day time after receipt of the notification make the decision on acceptance respectively in republican and municipal property of the subject to concession which is subject to acceptance in state-owned property and transfer to his state legal entity.

8. After decision making, stipulated in Item 7 these rules, the concessionary and the state legal entity to whom the subject to concession which is subject to acceptance in state-owned property and also on implementation of the right of the order republican property or local executive bodies of areas (the city of republican value, the capital), in time no more than 15 calendar days is assigned by authorized state body draw up the delivery-acceptance certificate of the subject to concession which is subject to acceptance in state-owned property.

9. The delivery-acceptance certificate 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.

10. State registration of the rights to the subject to concession which is subject to acceptance in state-owned property is performed according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate".

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