LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 4, 2003 No. 490-II

About the state monitoring of property in the industries of economy having strategic importance

This Law governs the public relations arising in the course of implementation of the state monitoring of property in the industries of economy having strategic importance and also determines the bases and conditions of its carrying out.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) management efficiency - the indicators characterizing ratio between the purposes and results of property management in the industries of economy having strategic importance;

2) property management - implementation of powers to own, use and dispose of property;

3) the state monitoring of property - observation, information collection, the analysis, assessment and the forecast of condition of structure of property and management efficiency of objects of property in the industries of economy having strategic importance;

4) objects of monitoring - legal entities and their affiliirovanny persons, except for physical persons, all types of property of the state-owned or private property concerning whom the state monitoring of property is carried out;

5) authorized body - the state body performing within the conferred powers of function on carrying out the state monitoring of property;

6) management of the organization - package of measures, necessary for forming and goal achievement of organization activity;

7) economic safety - condition of security of national economy of the Republic of Kazakhstan from the internal and external conditions, processes and factors threatening its sustainable development and economic independence;

8) the economy industries having strategic importance - production and conversion of fuel and energy minerals (coal, oil, gas, uranium and metal ores), mechanical engineering, space activities, agro-industrial complex, water economy, the chemical industry, transport and communication, production and electricity distribution, and also the industries making products of military-industrial appointment;

9) cost efficiency - the estimative indicators of economic activity characterized by ratio of the received result to the spent resources.

Article 2. The legislation of the Republic of Kazakhstan in the field of the state monitoring of property

1. The legislation of the Republic of Kazakhstan in the field of the state monitoring of property is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Principles of the state monitoring of property

The principles of the state monitoring of property are:

1) legality when implementing activities for carrying out the state monitoring of property;

2) scientific character, complexity, the sequence, systemacity, objectivity, reliability and sufficiency when carrying out the state monitoring of property.

Article 4. Purposes and tasks of the state monitoring of property

1. The state monitoring of property is component of single state policy of reforming of the relations of property.

2. The purpose of the state monitoring of property is ensuring effective economic development and economic safety of the Republic of Kazakhstan.

3. Tasks of the state monitoring of property are:

1) increase in effective management of objects of monitoring;

2) creating favorable conditions for ensuring economic growth of the state, assistance to inflow of investments into national economy;

3) preserving resource and energy basis of the country;

4) ensuring reliability of economic forecasts, scientific reasons for economic policy on the basis of data of the state monitoring of property;

5) information support of the macroeconomic, industry and regional planning directed to achievement of tasks of social and economic policy;

6) use of the economic forecasts this the state monitoring of property for ensuring reliability, scientific reasons for social and economic policy;

7) the analysis of accomplishment of obligations and conditions of the agreements signed with state bodies;

8) the prevention of the situations causing damage to economic safety of the state.

Article 5. Participants of the state monitoring of property

Participants of the state monitoring of property are:

1) authorized body;

2) central and local executive bodies;

3) physical persons or legal entities, in property or management of which are objects of monitoring;

4) the legal entities specializing in the sphere of rendering consulting services, the independent experts and consultants involved by authorized body in the procedure established by the legislation of the Republic of Kazakhstan in carrying out monitoring.

Article 5-1. Criteria of inclusion of objects in the list of objects of the industries of economy having strategic importance concerning which the state monitoring of property is performed

The objects which are subject to inclusion in the list of objects of the industries of economy having strategic importance concerning which the state monitoring of property is performed shall belong to the economy industries having strategic importance and to correspond to one of the following criteria:

be registered in the list of objects which forming and approval is provided according to legal acts of the Republic of Kazakhstan;

belong to national holdings and (or) the national companies.

Chapter 2. State monitoring of property

Article 6. Content and subject of the state monitoring of property

1. Content of the state monitoring of property is constituted:

1) observation of condition and management efficiency of objects of monitoring;

2) collection and systems analysis of information on monitoring subject;

3) direct inspection of objects of monitoring;

4) analysis of financial, economic, legal, technological, technological, ecological condition of objects;

5) efficiency evaluation of management of objects of monitoring and forecast of influence of activities of objects of monitoring for development of economy of industry, region and republic in general;

6) development of the measures directed to increase in efficiency of activities of separate objects of monitoring.

2. Treat subject of the state monitoring of property:

1) dynamics and structure of production;

2) financial and economic condition of objects of monitoring;

3) condition of fixed assets of objects of monitoring, implementation in production of advanced technologies;

4) investing activities;

5) observance of ecological requirements and rational use of natural resources;

6) use of manpower;

7) the legal issues relating to the status and functioning of objects of monitoring.

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