ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2010 No. 243

About approval of Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

According to the laws of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" and of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property.

2. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of April 4, 2003 No. 327 "About approval of Rules of provision to small business entities in property employment (lease) or trust management with the right of the subsequent voluntary conveyance in property of not used objects of state-owned property" (SAPP of the Republic of Kazakhstan, 2003, No. 15, the Art. 156);

2) the order of the Government of the Republic of Kazakhstan of July 22, 2005 No. 765 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of April 4, 2003 No. 327" (SAPP of the Republic of Kazakhstan, 2005, No. 30, the Art. 406).

3. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of March 30, 2010 No. 243

Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

1. General provisions

1. These rules are developed according to the laws of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship", of March 1, 2011 "About state-owned property" and determine procedure for provision to small business entities in property employment (lease) or trust management of the unused buildings, constructions, vehicles and the equipment which are in state-owned property (further - objects) and the parcels of land occupied by buildings and constructions, for the organization of productive activity and development of service industry to the population, except for trade and intermediary activities, with the subsequent voluntary conveyance in property.

2. The objects of the state companies and organizations (further - the organizations) which are not used for designated purpose more than one year are transferred to small business entities to property employment (lease) or trust management for a period of one year with the subsequent voluntary conveyance in property.

3. Provision of objects is performed on tender basis.

2. Forming of the list of not used objects

4. The list of the not used objects exposed on the tender for provision to small business entities in property employment (lease) or trust management (further - the tender), is created of the number of the property of the organizations which is in state-owned property (buildings, constructions, vehicles and the equipment), not used for designated purpose more than one year, including revealed during checks of target use of property of the organizations:

in relation to republican the state sobstvennostiterritorialnyma divisions of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further - territorial subdivisions),

in relation to municipal the state sobstvennostigosudarstvennyma the organizations authorized by the akimats on the order municipal state-owned property financed from the corresponding local budgets (further - executive body).

5. Exposure of objects to the tender is performed based on the decision of territorial subdivision (executive body) and is subject to coordination with state body of the organizations.

Concerning the objects which are in republican state-owned property, territorial subdivisions in addition approve with Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan.

6. Based on the created list, territorial subdivisions (executive bodies) constitute the schedule of tendering process.

7. The organizations ensure safety of objects before transfer to their small business entities.

3. Preparation for carrying out the tender

8. For carrying out the tender the permanent commissions are created.

The structure of the commission on the objects which are in republican state-owned property except representatives of territorial subdivisions and the interested ministries, the agencies, departments or their territorial authorities, shall include representatives of local executive bodies. Commission chairman is the representative of territorial subdivision.

The structure of the commission on the objects which are in municipal state-owned property except representatives of local executive bodies can include representatives of the ministries, agencies, departments or their territorial authorities (in coordination). Commission chairman is the representative of executive body.

The commissions are included representatives of accredited associations of subjects of private entrepreneurship (in coordination).

9. Commission:

Develops 1) and approves regulations of the work;

2) determines tender conditions;

3) holds the tender;

4) determines the winner of the tender;

5) performs other powers provided by these rules.

10. Commission sessions are competent if at them there are at least 2/3 members of the commission.

Decisions of the commission are made by a simple majority vote the present members of the commission, in case of equality of votes the voice of the commission chairman is decisive.

11. Preparation for carrying out the tender is performed by territorial subdivisions (executive bodies) which:

1) determine agreement type (property employment (lease) or trust management), depending on technical condition of objects;

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