ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 11, 2014 No. 489

About approval of the Regulations on Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan

According to the order of the Government of the Republic of Kazakhstan of April 24, 2008 No. 387 "About some questions of the Ministry of Finance of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Regulations on Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan.

2. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (Utepov E. K.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective from the date of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 11, 2014 No. 489

Regulations on Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan

Chapter 1. General provisions

1. The committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) performs management in spheres of management of republican property, realization of the rights of the state to republican property, privatization and the state monitoring of property in the industries of economy having strategic importance and strategic objects, except for the property assigned to National Bank of the Republic of Kazakhstan.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in Kazakh, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff of Committee affirm according to the legislation of the Republic of Kazakhstan.

8. Location of the legal entity: postal index 010000, Republic of Kazakhstan, city of Astana, Prospekt Zhen_s, 11.

9. Full name of state body – republican public institution "Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of Committee.

If the Committee by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the government budget.

Chapter 2. Tasks, rights and obligations of Committee

13. Tasks:

1) implementation within competence of the central executive body of management of the sphere of management of republican property, realization of the rights of the state to republican property, privatizations;

2) implementation of the state monitoring of property in the industries of economy having strategic importance according to the Law of the Republic of Kazakhstan "About the state monitoring of property in the industries of economy having strategic importance".

14. Rights and obligations:

1) to request, receive in the procedure established by the legislation from state bodies, their officials and other persons and to transfer them necessary information and materials;

2) to make explanations and comments on application of the current legislation on the questions entering competence of Committee;

3) to encourage workers, to impose authority punishments, to bring workers to financial responsibility in the cases and procedure provided by the Labor code and the legislation on public service;

4) to participate in limits of competence of project development of regulatory legal acts;

5) to give instructions, obligatory for execution, to territorial subdivisions of Committee;

6) to perform other rights and obligations, stipulated by the legislation the Republic of Kazakhstan.

15. Functions:

1) maintaining the single republican database of the state monitoring of property;

2) development of the measures directed to increase in cost efficiency of the companies, in case of need together with the central executive bodies and persons in property or management of which there are objects of monitoring;

3) maintaining the register of the signed agreements of concession on the subjects to concession and public-private partnership relating to republican state-owned property;

4) implementation on behalf of the Republic of Kazakhstan the rights of the person of law of republican property in relation to republican legal entities, including approval of transfer acts, and also separation, interim liquidation and liquidation balance sheets by reorganization and liquidation of republican legal entities;

5) determination of subject and purpose of activities of the republican state company, and also type of the republican state company (on the right of economic maintaining or the state company) performing such activities, and approval of charters of the republican state companies, introduction in it of changes and amendments for representation of authorized body of the corresponding industry;

6) establishment to the republican state company of term of content and ensuring safety of the withdrawn property before its transfer to the other person with the subsequent write-off from balance;

7) redistribution of property of the liquidated republican legal entity who remained after satisfaction of requirements of creditors;

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