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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2014 No. 88

About approval of Rules of transfer of state-owned property to property employment (lease)

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 state-owned property to property employment (lease).

2. Recognize invalid:

2) Item of 4 changes and additions 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 April 24, 2013 No. 391 "About modification and amendments and recognition voided some decisions of the Government of the Republic of Kazakhstan concerning accounting of state-owned property" (SAPP of the Republic of Kazakhstan, 2013, No. 28, the Art. 425).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of February 13, 2014 No. 88

Rules of transfer of state-owned property to property employment (lease)

1. General provisions

1. These rules of transfer of state-owned 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 transfer of state-owned property to property employment (lease).

Provision in temporary paid land use (lease) of the parcels of land which are in state-owned property is performed according to the Land code of the Republic of Kazakhstan.

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. In these rules the following basic concepts are used:

1) object of property hiring (lease) (further - object) - personal and real estate (things) which are in state-owned property, except for the property assigned to National Bank of the Republic of Kazakhstan, military property and not used military property of Armed Forces, other troops and military forming of the Republic of Kazakhstan.

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

2) the tender is form of the biddings on provision in property employment (lease) of objects in case of which the lessor shall sign on the basis of the original conditions offered to them the contract with that from participants of the tender who will offer the best terms of the contract for the lessor;

3) participants - the physical or non-state legal entity registered in accordance with the established procedure for participation in the tender;

4) the lessor - authorized body on state-owned property or local executive body (the executive body financed from the local budget) or the akim of the city of district value, the village, settlement, rural district;

5) the employer (lessee) - physical and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan;

6) the agreement - the agreement of property hiring (lease) of state-owned property;

7) the web portal of the register - the Internet resource placed on the Internet to the address www.gosreestr.kz, providing single point of access to the electronic database on agreements of the register of state-owned property (further - the register);

8) the asset holder - the state legal entity to whom object is assigned on the right of operational management or economic maintaining;

9) the National operator of mail - the joint-stock company created according to the decision of the Government which single shareholder is the national managing holding, to which obligations on provision of public services of mail service, services of special communication and implementation of financial activities and financial services are assigned.

3. The republican property transfers authorized body on state-owned property to property employment (lease).

The municipal property transfers local executive body to property employment (lease).

Akims of the city of district value, the village, settlement, rural district provide the district municipal property transferred to the control in property employment (lease) to physical persons and non-state legal entities without the right of the subsequent redemption.

4. The asset holder for transfer of the excessive and not used real estate objects to property employment (lease) provides to the lessor information on the objects containing its name, quantity, unit of measure, the short characteristic, the location, provision term in property employment (lease), target use.

In the presence of other excessive and idle property the asset holder provides information containing its name, quantity, the short characteristic, residual cost, the location, provision term in property employment, target use. Information on the excessive and not used objects is provided without specifying of the expected lessee.

Accuracy of the information about object is provided with the asset holder.

The provided information is considered by authorized body on state-owned property or local executive body no more than ten calendar days.

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Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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