ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2012 No. 1546

About approval of Rules of implementation of monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state

According to Item 2 of article 196 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 implementation of monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of July 24, 2001 No. 998 "About implementation of system of complex monitoring of functioning and effective management of objects of state-owned property, and also objects in which the state has ownership ratio" (SAPP of the Republic of Kazakhstan, 2001, No. 27, of the Art. 347).

3. This resolution becomes effective since March 10, 2013 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 4, 2012 No. 1546

Rules of implementation of monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state

Chapter 1. General provisions

1. These rules of implementation of monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state (further – Rules), are developed according to Item 2 of article 196 of the Law of the Republic of Kazakhstan "About state-owned property" (further – the Law) and determine procedure for the organization and implementation of monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state.

2. Monitoring of effective management of state-owned property, including the state companies and legal entities with participation of the state (further - monitoring) represents system of basic and periodic operational tracking and analytical estimates of high-quality and quantitative condition of state-owned property, including technological, financial and economic activities, the legal characteristic of the state companies and legal entities with participation of the state for the purpose of timely identification of the happening changes, the forecast of further development and development of recommendations about the prevention and elimination of consequences of negative processes in their activities.

3. Monitoring is component of system of the state forecasting and regulation of sustainable economic development according to strategic interests of the country, performs information and analytical functions of ensuring economic safety on the basis of the current legislation and within single state policy.

4. Monitoring reveals condition and tendencies of development of the state companies and legal entities with participation of the state, and also condition of the state-owned property including which is in trust management, property hiring (lease), concession or transferred under the agreement of public-private partnership the exerting impact on preserving and strengthening of the resource and energy basis of the economy of the country and regions. The analytical information on condition and tendencies of development of the state companies and legal entities with participation of the state, the state-owned property including which is in trust management, property hiring (lease), concession or transferred under the agreement of public-private partnership received as a result of monitoring goes to authorized body on state planning:

on republican property - authorized body on management of state-owned property;

on municipal property - local executive body of area, city of republican value, the capital, area, city of regional value;

on municipal property of local self-government - the office of the akim of the city of district value, the village, settlement, rural district.

Analytical information authorized body on management of state-owned property, local executive body of area, city of republican value, the capital, area, city of regional value, the office of the akim of the city of district value, the village, settlement, rural district goes to the interested state bodies.

5. These rules extend to the state companies, joint-stock companies and limited liability partnerships with participation of the state, including national managing holdings, national holdings, the national companies which shareholder is the state (further - legal entities with participation of the state), except for of joint-stock company "National welfare fund "Samruk-Kazyna" (further - NWF), the state bodies, physical persons and legal entities which are the party according to trust management agreements, property hiring (lease), concession (further - the agreement party) or to the agreement of public-private partnership, independent experts, consultants, the consulting organizations involved in monitoring accomplishment (further - independent experts).

6. The purpose of monitoring is ensuring social and economic interests of the state.

7. The main objectives of monitoring are:

1) complex efficiency analysis of management of objects of monitoring in technological, technological, financial and economic, legal, ecological and other parameters and complete assessment of condition of state-owned property regarding predictability of its development according to interests of national economy;

2) analysis of accomplishment of obligations and conditions of agreements of concession or agreements of public-private partnership, trust management, property hiring (lease) of objects of state-owned property;

3) identification of problems and development of recommendations about further development of the state companies and legal entities with participation of the state (further - object of monitoring);

4) expert evaluation of prospects of development of technology, technology of objects of monitoring and their influence on condition of regions;

5) forming and maintaining the electronic database on objects of monitoring;

6) creating favorable conditions for ensuring economic growth of the state, the maximum reduction of degree of vulnerability of economy from possible negative factors, assistance to inflow of investments into national economy.

8. In these rules the following basic concepts are used:

1) district authorized body - the executive body financed from the local budget, authorized on the order by district municipal property;

2) basic tracking – annual information collection as a result of which the list of the objects of monitoring which are subject to the analysis is determined;

3) authorized body on municipal property of local self-government - the office of the akim of the city of district value, the village, settlement, rural district;

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