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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2011 No. 1103

About approval of Rules of acquisition of rights by the state of the rights to property according to the gift agreement

(as amended on 12-04-2023)

According to Item 2 of article 27 of the Law of the Republic of Kazakhstan "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of acquisition of rights by the state of the rights to property according to the gift agreement.

2. Recognize invalid:

1) Item 1 of the 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" (SAPP of the Republic of Kazakhstan, 2007, No. 50, the Art. 632);

2) the order of the Government of the Republic of Kazakhstan of February 25, 2010 No. 124 "About entering of amendments and changes into the order of the Government of the Republic of Kazakhstan of December 29, 2007 No. 1371" (SAPP of the Republic of Kazakhstan, 2010, No. 18, the Art. 142);

3) Item of 14 changes which are made to some decisions of the Government of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 18, 2011 No. 820 "About modification of some decisions of the Government of the Republic of Kazakhstan".

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

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of September 28, 2011 No. 1103

Rules of acquisition of rights by the state of the rights to property according to the gift agreement

Chapter 1. General provisions

1. These rules of acquisition of rights by the state of the rights to property according to the gift agreement (further - Rules) are developed for the purpose of streamlining of acquisition of rights by the state of the rights to property according to the gift agreement and determine the corresponding procedure.

1-1. The basic concepts used in these rules:

1) local executive body (akimat) - the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

2) documents of title - documents based on which arise change and stop the rights (encumbrance of the rights) to real estate;

3) the acceptance act of object in operation – the document confirming completion of asset construction according to the approved project and the state (interstate) standard rates and complete readiness of object for operation;

4) the declaration of conformity - the document which the contractor (prime contractor) certifies compliance of the performed works finished by asset construction to the approved draft and requirements of the state (interstate) standard rates.

Other concepts and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan.

2. The decision on transfer to the state of the rights to property according to the gift agreement is made by the owner of property and shall be drawn up in the procedure established by the legislation.

Owners of the property transferred to the state according to the gift agreement are physical persons and non-state legal entities.

Chapter 2. Procedure for transfer to the state of the rights to property according to the gift agreement

3. The owner of the property transferred to state-owned property addresses to authorized body on state-owned property or its territorial subdivision (further - territorial subdivision), or local executive bodies of area, city of republican value, the capital, area, city of regional value, or the office of the akim of the city of district value, the village, settlement, rural district (further - local executive bodies) with the offer on transfer to the state of the rights to property on the gift agreement.

The territorial subdivision in case of receipt of the address of the owner of property within three working days sends this appeal to authorized body on state-owned property.

4. The authorized body on state-owned property or local executive bodies within seven calendar days from the date of receipt of the address of the owner of property notifies on the available offer on transfer to the state of the rights to property according to the gift agreement the central executive bodies or executive bodies financed from the local budget, authorized by local executive bodies on implementation of separate functions of local public administration (further - state bodies) for submission of the conclusion about need of acquisition of rights by the state of the rights to property according to the gift agreement.

5. State bodies within thirty calendar days from the date of receipt of the relevant proposal prepare the conclusions about need (lack of need) of acquisition of rights by the state of the rights to property according to the gift agreement and send to authorized body on state-owned property or to local executive bodies.

6. The main criteria by consideration of question of need of acquisition of rights by the state of the rights to property according to the gift agreement are:

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

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

3) financial security of the transferred 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 property, the right to which is transferred to the state according to the gift agreement, the particular state legal entity for transfer of this property is not obligatory for execution by authorized body on state-owned property or local executive bodies.

7. The property is accepted in republican or municipal property.

In case of feasibility the decision on the conclusion of the gift agreement on property of non-state legal entities and physical persons, except for shares of joint-stock companies and shares in the authorized capital of limited liability partnerships, transferred to the republican possession, is accepted by authorized body on state-owned property.

The decision on share acquisition of joint-stock companies and shares in the authorized capital of the limited liability partnerships belonging to non-state legal entities and physical persons, transferred to the republican possession according to the gift agreement is accepted by the Government of the Republic of Kazakhstan.

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