THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 26, 2014 No. 78

About approval of Rules of transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property

According to the subitem 7) article 10 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions", PRIKAZYVAYU:

1. Approve the enclosed Rules of transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property.

2. To department of the state borrowing of the Ministry of Finance of the Republic of Kazakhstan (Akizhanov K. B.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent publication in official mass media in the procedure established by the legislation.

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

Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of February 26, 2014 No. 78

Rules of transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property

1. General provisions

1. These rules of transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property (further - Rules) are developed according to the subitem 7) of article 10 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" and determine procedure for transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property.

2. Conditions of transfer of subjects to concession to ownership and use to the concessionary are provided by the agreement of concession.

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

1) local executive body (akimat) - the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

2) the concessionary - the physical person performing the business activity, and (or) the legal entity (except for public institutions and subjects of the quasi-public sector) including performing the activities on the basis of cooperation agreement (particular partnership) which signed the agreement of concession;

3) concession - the activities directed to creation (reconstruction) and operation of subjects to concession, performed at the expense of means of the concessionary or on the terms of joint financing by the concedent;

4) subject to concession - the objects of social infrastructure and life support included in the list which are created (are reconstructed) and operated under the agreement of concession;

5) the agreement of concession - the written agreement between the concedent and the concessionary determining the rights, obligations and responsibility of the parties, concession sales terms;

6) the subjects to concession which are subject to transfer to ownership and use to the concessionary - the subjects to concession accepted in state-owned property;

7) authorized state body on implementation of the right of the order republican property - the state body performing within the competence special executive and control functions in the sphere of management of objects of republican property, privatization and state monitoring of property, in industries (spheres) of economy having strategic importance;

8) authorized state body of the corresponding industry - the central executive body performing management of the corresponding industry (sphere) of public administration;

9) start-up complex - the complete part of subject to concession which is subject to acceptance in state-owned property, and further transfer to ownership and use to the concessionary.

4. After acceptance of subject to concession in state-owned property the authorized state body of the corresponding industry or local executive body (akimat) perform transfer of subject to concession to ownership and use to the concessionary.

5. Transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property is performed:

1) concerning republican property - authorized state body of the corresponding industry with the notification of authorized state body on implementation of the right of the order republican property;

2) concerning municipal property - local executive body (akimat).

6. In case of acceptance in state-owned property of subject to concession with separation into start-up complexes, transfer of subject to concession to ownership and use to the concessionary is performed on completion of each start-up complex separately as agreed by the parties of the agreement of concession.

2. Procedure for transfer to ownership and use to the concessionary of the subjects to concession which are in state-owned property

7. The concessionary after transfer of subject to concession to state-owned property addresses to authorized state body of the corresponding industry - concerning the subjects to concession relating to republican property in local executive body (akimat) - concerning the subjects to concession relating to municipal property with the statement for transfer to ownership and use to the concessionary of subject to concession according to the agreement of concession.

8. The authorized state body of the corresponding industry or local executive body (akimat) in time no more than 15 calendar days from the date of receipt of the statement draw up the delivery-acceptance certificate of subject to concession in ownership and use to the concessionary between authorized state body of the corresponding industry or local executive body (akimat), the concessionary and the state legal entity to whom subject to concession is assigned.

In the delivery-acceptance certificate of subject to concession in ownership and use are specified to the concessionary:

1) place and date of creation of the delivery-acceptance certificate;

2) the name and details of documents according to which representatives are authorized to represent the interests of the parties;

3) number and signature date of the agreement of concession according to which transfer of subject to concession is made;

4) the cost of the transferred subject to concession;

5) signs and seals of the parties.

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