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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 28, 2011 No. 1223

About approval of Rules of consideration of addresses of owners (owners) of strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object

(as amended on 29-12-2020)

For the purpose of realization of item 4 of article 188 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 consideration of addresses of owners (owners) of strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object.

2. Recognize invalid:

3) subitems 2) and 3) Item 1 of the order of the Government of the Republic of Kazakhstan of May 19, 2010 No. 448 "About entering of amendments and changes into some decisions of the Government of the Republic of Kazakhstan concerning strategic objects" (SAPP of the Republic of Kazakhstan, 2010, No. 34, the Art. 270).

3. This resolution becomes effective after ten calendar days from the date of 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 October 28, 2011 No. 1223

Rules of consideration of addresses of owners (owners) of strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object

1. General provisions

1. These rules of consideration of addresses of owners (owners) of strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (further - the Law) and determine procedure for consideration of addresses of owners (owners) for strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object.

2. The concepts and terms used in Rules:

1) authorized body on management of the corresponding industry (sphere) of public administration (further - authorized body of the corresponding industry) - the central executive body or department of the central executive body determined by the Government of the Republic of Kazakhstan, which are performing management of the corresponding industry (sphere) of public administration and having rights concerning republican property on the conditions provided by the Law and other laws of the Republic of Kazakhstan;

2) bodies of homeland security of the Republic of Kazakhstan (further - bodies of homeland security) - the special state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan which are component of system of safety of the Republic of Kazakhstan and intended within the powers conferred to them to ensure safety of the personality and society, protection of the constitutional system, the state sovereignty, territorial integrity, economic, scientific and technical and defensive capacity of the country;

3) the industry conclusion of authorized body of the corresponding industry - assessment of documents of owners (owners) of strategic objects, the rehabilitation or bankrupt managing directors provided to authorized body of the corresponding industry according to Items 1 and (or) 2 of article 188 of the Law regarding compliance of the made civil transaction taking into account determination of the social and economic importance of strategic objects, to priorities of development of industry, detection of concentration of the rights of the applicant and his affiliirovanny persons from one country in the same industry, availability or lack of threats for national interests of the Republic of Kazakhstan;

4) the statement on issue of permission to encumbrance of strategic objects by the third party rights or their alienation (further - the statement) - the document containing the main information on strategic objects, disclosing justification and feasibility of their encumbrance or alienation;

5) the owner of strategic object - the physical or non-state legal entity who is the owner of strategic object and intended to make the civil transaction on encumbrance or alienation of strategic object;

6) the pawnbroker - person whose interest is provided with pledged property;

7) the rehabilitation managing director – person to who powers on management of the debtor for the rehabilitation procedure according to the procedure are assigned, established by the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy";

8) the bankrupt managing director - person designated by authorized body in the field of rehabilitation and bankruptcy for implementation of insolvency proceeding.

2. Procedure for consideration of addresses of owners (owners) for strategic objects, rehabilitation or bankrupt managing directors about encumbrance or alienation of strategic object

3. For receipt of permission to encumbrance of strategic objects or their alienation the owner (owner) of strategic object, the rehabilitation or bankrupt managing director or the pawnbroker direct to authorized body of the corresponding industry the application in form, according to appendix 1 to these rules, and documents which list is provided by Items 1 and (or) 2 of article 188 of the Law.

4. The statement contains:

1) data on the owner of strategic object;

2) data on person with whom the conclusion of the civil transaction is planned;

3) information on creation of strategic object;

4) general description of strategic object and its technical characteristics;

5) reasons for the made civil transaction on alienation (encumbrance by the third party rights).

5. In case of discrepancy of the submitted documents to Items 3 and 4 of these rules the authorized body of the corresponding industry within five working days from receipt date of document package returns them to owners (owners) of strategic objects, rehabilitation or bankrupt managing directors or the pawnbroker.

6. The authorized body of the corresponding industry within five working days from receipt date of the statement and the relevant documents specified in Item 3 of these rules in case of their compliance sends them to bodies of homeland security for submission of information on transaction.

7. Bodies of homeland security within ten working days from receipt date of the statement and documents send information on making of the offered transaction to authorized body of the corresponding industry.

8. The authorized body of the corresponding industry taking into account information from bodies of homeland security prepares the industry conclusion within twenty working days from receipt date of the statement and the documents specified in Item 3 of these rules.

9. The industry conclusion contains:

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