ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 17, 2015 No. 212

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 "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of transfer of state-owned property to property employment (lease).

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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 the direction on official publication of this order 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 national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective from the date of state registration and is subject to official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 212

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

Chapter 1. General provisions

1. These rules of transfer of state-owned property to property employment (lease) (further – Rules) are developed according to Item 3 of article 74 of the Law of the Republic of Kazakhstan "About state-owned property" (further – the Law) and determine procedure for transfer of state-owned property to property employment (lease).

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

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

2) the second participant – the participant who offered the second-large amount of the rent for object on the tender;

3) the lessor – authorized body on state-owned property or local executive body (the executive body financed from the local budget) or in coordination with meeting of local community the office of the akim of the city of district value, the village, settlement, rural district, and also the akim of the city of district value, the village, settlement, rural district;

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

5) the guarantee fee – the sum of money granted by the physical or non-state legal entity for participation in the tender;

6) the participant – the physical or non-state legal entity registered in accordance with the established procedure for participation in the tender;

7) the single operator in the sphere of accounting of state-owned property (further – the single operator) – the legal entity with participation of the state in the authorized capital determined according to the order of the Government of the Republic of Kazakhstan of July 15, 2011 No. 802 "About determination of the single operator in the sphere of accounting of state-owned property" to who tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property, and also function on management and operation of assets of territorial subdivisions of authorized body on state-owned property, according to the list approved by authorized body on state-owned property according to article 14 of the Law are assigned;

8) object of property hiring (lease) (further – object) – personal and real estate (things) which are in state-owned property, except for water management constructions, the parcels of land, the housing stock and 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, sports and improving and sports constructions of the state organizations of secondary education.

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

9) the register of state-owned property (further – the register) – the single information automated system of accounting of state-owned property, except for the property which is in operational management of special state bodies, Armed Forces, other troops and military forming of the Republic of Kazakhstan, and the state material reserve;

10) the tender is the form of the biddings on provision in property employment (lease) of objects which is carried out with use of the web portal of the register in electronic format in case of which the lessor shall on the basis of the original conditions accepted by it to sign the contract with the single participant or the participant of the tender who offered the greatest amount of the rent for object;

11) the web portal of the register – the Internet resource placed on the Internet to the address www.e-qazyna.kz, providing single point of access to the register;

12) the National operator of mail – the operator of mail determined by authorized body in the field of mail, created in form of business of joint-stock company which controlling stock is owned by national managing holding to whom the obligations provided by the Law of the Republic of Kazakhstan "About mail" are assigned;

13) the agreement – the agreement of property hiring (lease) of state-owned property signed between the lessor and the employer (lessee) according to the standard agreement of property hiring (lease) of state-owned property approved by the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 211 (it is registered in the Register of state registration of regulatory legal acts for No. 10479);

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