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The document ceased to be valid since May 3, 2014 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of February 13, 2014 No. 88

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2011 No. 1102

About approval of Rules of transfer of republican property to property employment (lease)

(as amended of the Order of the Government of the Republic of Kazakhstan of 24.04.2013 No. 391)

According to Item 3 of article 74 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transfer of republican property to property employment (lease).

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. To the Ministry of Finance of the Republic of Kazakhstan to take the necessary measures following from this resolution.

4. 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. 1102

Rules of transfer of republican property to property employment (lease)

1. General provisions

1. These rules of transfer of republican property to property employment (lease) (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (further - the Law) and determine procedure for provision of republican property in property employment (lease).

2. Objects of property hiring (lease) are personal and real estate (things) which are on balance of republican legal entities and the gone into the disposal of authorized body on state-owned property and its territorial subdivisions in the procedure established by the legislation, except for property of the military property of Armed Forces, other troops and military forming of the Republic of Kazakhstan assigned to National Bank of the Republic of Kazakhstan, military property and not used (further - objects).

Money, securities and property rights of the state cannot be subject (subject) of the agreement of property hiring (lease).

3. Transfer to property employment (lease) of objects is performed by authorized body on state-owned property and its territorial subdivisions (further - the lessor) in coordination with the asset holder of object.

4. Physical and non-state legal entities act as employers (lessees) of state-owned property if other is not provided by the laws of the Republic of Kazakhstan (further - the employer).

5. The agreement of property hiring (lease) (further - the agreement), consists for the term of no more than three years with the right of prolongation of the duration of the agreement in case of proper accomplishment of terms of the contract based on the decision (order) of the lessor.

Prolongation of the duration of the agreement, is performed by the conclusion of the supplementary agreement to the basic agreement based on the decision (order) of the lessor if before the expiration of the term established by the agreement the asset holder did not provide to the lessor written refusal in prolongation of the duration of the agreement.

The agreement is considered stopped after the term established by the agreement, except for prolongation of the duration of the agreement.

The agreement can provide condition about alienation of the object transferred to employment (lease), to the employer in the cases which are directly provided by Articles 105, of 106, 120 both 145 Laws and other laws of the Republic of Kazakhstan.

6. The authorized body on state-owned property carries out the analysis of provision to property employment (lease) of the property assigned to republican legal entities.

The procedure for carrying out the analysis of provision in property employment (lease) of property, is established by authorized body on state-owned property.

7. Features of the conclusion of the contract for provision in use to physical persons and legal entities of the historical and cultural monuments which are state-owned property are determined by the Law of the Republic of Kazakhstan of July 2, 1992 "About protection and use of objects of historical and cultural heritage".

2. Transfer of objects to property employment (lease) without carrying out the tender

8. Provision in property employment (lease) of objects, is made on tender basis, except as specified:

1) provisions of rooms, buildings and constructions up to 100 square meters, the equipment in residual cost of no more 150-fold monthly settlement indicator and premises of educational institutions and scientific organizations for the term of no more than one month for holding course occupations, conferences, seminars, concerts and sporting events;

2) provisions of rooms to suppliers the signed contracts on the public procurements connected with delivery of goods, performance of works and rendering services to asset holders of objects.

Responsibility for compliance of the sizes of the rooms occupied by the employer to the sizes of rooms specified in the agreement is born by the asset holder of object.

9. In case of submission of two and more requests for provision in property employment (lease) of the objects provided by the subitem 1) of Item 8 of these rules, their transfer to property employment (lease) is performed with carrying out the tender.

10. By provision of object in property employment (lease) without carrying out the tender the following documents are attached to the request for provision of object in property employment (lease) (in any form) (further - the request) the employer:

1) the written consent of the asset holder to provision of object in property employment (lease);

2) reasons for need for object;

3) for legal entities:  

the copy of the certificate on state registration (re-registration) with obligatory presentation of the original for reconciliation or notarially attested copy of the specified document or the certificate of state registration (re-registration);

copies of constituent documents (the foundation agreement and the charter), certificates of the taxpayer with obligatory presentation of the original for reconciliation or notarially attested copies of the specified documents;

for physical persons - the copy of the certificate on state registration of the individual entrepreneur, the identity document of physical person, the certificate of the taxpayer and the house register with obligatory presentation of the original for reconciliation or notarially attested copies of the specified documents;

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