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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 17, 2015 No. 374

About approval of the Regulations on procedure for provision of state-owned property in lease

(as amended on 27-02-2020)

For the purpose of increase in efficiency of use of the state buildings, constructions and rooms, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for provision of state-owned property in lease according to appendix.

2. Determine that:

1) action of the lease agreements of state-owned property signed before entry into force of this resolution continues until the end of the term on which they were concluded. Under such agreements performing recalculation of the rent is not required if other is not provided by such agreements;

2) placement of the state body, organization or company financed from the government budget in the state building (room) which is under economic authority or operational management of other state organization which is also financed from the government budget is performed on a grant basis, except for payments of utilities and operating costs on content of this building (room).

The amount of the specified payments and other conditions of placement of state body, organization or company in the state building (room) are established in the agreement signed by it with the state organization, in economic maintaining or operational management of which there is this building (room).

3. Determine that the state building (room) according to the decision of the Government of the Kyrgyz Republic can be provided in free temporary use to the non-profit and international organizations, local government bodies in the following cases:

1) for the purpose of implementation of state programs and tasks of all-republican value, rendering the state support to socially important projects and initiatives;

2) for the purpose of accomplishment of the conditions which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

Person who received the state building (room) in free temporary use pays the state organization, in economic maintaining or operational management of which there is specified building (room), cost of utilities and operating costs on its content.

The amount of the specified payments, terms and other conditions of free temporary use by the state building (room) are established in the agreement signed by the above-stated person with the state organization, in economic maintaining or operational management of which there is this building (room).

4. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About questions of lease of state-owned property" of May 30, 2011 No. 263;

- Item 8 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of February 17, 2012 No. 104.

5. To the ministries, the state committee, administrative departments, offices of plenipotentiaries of the Government of the Kyrgyz Republic in areas, local public administrations and other executive bodies to take the measures following from this resolution.

6. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

T. Sariyev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of June 17, 2015 No. 374

Regulations on procedure for provision of state-owned property in lease

1. General provisions

1. This Provision determines conditions and procedure for leasing of state-owned property.

2. Action of this provision does not extend to property of the state residences of the President of the Kyrgyz Republic, to the relations arising when leasing objects of the state-owned property located outside the Kyrgyz Republic.

Activities of the state residences of the President of the Kyrgyz Republic are regulated by the relevant provisions approved by Administration of the President and the Governments of the Kyrgyz Republic.

2-1. Provision of state-owned property in lease within projects implementation of public-private partnership (further - PPP) is performed according to this Provision taking into account the features established by Chapter 4-1 of this provision. In case of contradictions between regulations of Chapter 4-1 of this provision and other its regulations, Chapter 4-1 provisions are applied.

3. The basic concepts used in this Provision:

lease of state-owned property - provision of not used state-owned property for a fee in temporary ownership and use or in temporary use;

the lessor - state governing body, public institution, the state company which provided state-owned property in lease;

the asset holder - state governing body, public institution, the state company, in operational management or economic maintaining which is state-owned property;

the lessee - physical persons and legal entities, including foreign which in the procedure established by this Provision are granted the right of temporary ownership and use of state-owned property;

auction - type of the biddings on right to contract of lease of state-owned property in which the participant who offered the highest price becomes the winner;

state-owned property - the buildings which are in state-owned property, constructions, rooms, and also vehicles, machines and the equipment;

the commission - the permanent commission on provision of state-owned property created by authorized body in lease;

tender - type of the biddings on right to contract of lease of state-owned property which the winner the participant who offered the best terms conforming to requirements of tender is recognized;

the minimum amount of lease - the minimum amount of the monthly rent for use of state-owned property announced when carrying out tender;

object of lease - the state-owned property which is the subject of the agreement of lease and also state-owned property concerning which the auction on right to contract of lease is held;

the applicant - person who showed willingness to participate in the biddings on right to contract of lease and applying for right to contract of lease;

direct provision in lease - type of transfer of state-owned property to lease without tendering;

the starting amount of lease - the initial amount of the monthly rent for, use of state-owned property with which the auction on right to contract of lease begins;

the biddings - auction or tender on right to contract of lease;

authorized body - authorized state body in the sphere of management of state-owned property.

4. The conclusion of the lease agreement of state-owned property is performed by direct provision in lease or by results of the biddings.

5. If asset holder is the subordinated or territorial subdivision of state body, delivery of state-owned property in lease is performed in coordination with higher state body.

If asset holder is the state company or organization, delivery of state-owned property in lease is performed in coordination with the supervising state body:

- specified as the founder in statutory documents of the state company or organization;

- performing the common directorship and coordination of activities of the state company or organization;

- in which departmental subordination such company or organization functions.

6. The auction on right to contract of lease is held by the commission created by the decision of authorized body.

The commissions are included representatives of authorized body, the asset holder and, if necessary, other state organizations.

The structure of the commission and procedure for its work affirm authorized body.

Decisions of the commission are drawn up by protocols which are signed by the members of the commission who are present at meeting and person who won the biddings.

7. The asset holder upon the demand of applicants for participation in the biddings shall provide access to object of lease for the purpose of survey of its technical condition, and also provide the standard agreement of lease of state-owned property for acquaintance.

8. The information message about tendering is subject to placement on the official websites of authorized body and the asset holder (in case of its availability). In case of object arrangement in the city of Bishkek information is placed the asset holder in one of printing editions of republican value. In case of object arrangement in regions information is placed the asset holder in one of printing editions of regional and local value. The information message about tendering is subject to promulgation on the official website of authorized body not later than thirty calendar days before date of the biddings.

9. For participation in the biddings the applicant shall make deposit in the amount of the announced starting or minimum amount of lease into the account specified in the information message.

The deposit returns to all applicants and bidders, except for the winner, during ten banking days from the moment of signing of the protocol on results of the biddings.

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