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

of July 21, 2015 No. 555

About approval of Rules of provision in lease and trust management of the water management constructions providing water supply of the cities and rural settlements

According to subitem 8-2) of article 37-1 of the Water Code of the Republic of Kazakhstan, I ORDER:

1. Approve the enclosed Rules of provision in lease and trust management of the water management constructions providing water supply of the cities and rural settlements.

2. To provide to committee on cases of construction, housing and communal services and management of land resources 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 after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

It is approved

Minister of Finance of the Republic of Kazakhstan

August 26, 2015

 

_____________ B. Sultanov

Approved by the Order of the minister of national economy of the Republic of Kazakhstan of July 21, 2015 No. 555

Rules of provision in lease and trust management of the water management constructions providing water supply of the cities and rural settlements

1. General provisions

1. These rules of provision in lease and trust management of the water management constructions providing water supply and water disposal of the cities and rural settlements (further - Rules), are developed according to subitem 8-2) of article 37-1 of the Water code of the Republic of Kazakhstan of July 9, 2003 and determine procedure for provision in lease and trust management of water management constructions (further - object of lease (trust management), being in utility property, providing water supply and water disposal of the cities and rural settlements.

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

1) governing body - local executive body (the executive body financed from the local budget) performing rights of possession and uses of the state block of shares (shares in the authorized capital) joint-stock company (limited liability partnership) and/or management of the state legal entities;

2) the participant of the tender for lease (trust management) - the non-state legal entity, and also the physical person allowed to participation in the tender;

3) object of lease (trust management) - property complex, blocks of shares (shares) of the water management organizations of the cities providing water supply and rural settlements, and also water supply system and water disposal of the cities providing water supply and rural settlements or their elements;

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

5) the lease agreement (trust management) - the lease agreement (trust management) of object signed between the lessor (the founder of trust management) and the lessee (trustee);

6) the tender for lease - form of the auction on provision in lease of the objects held 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 lease agreement with that from participants of the tender which will offer the best provisions of the lease for the lessor;

7) the lessor (the founder of trust management) - local executive body;

8) the lessee (trustee) - the non-state legal entities and physical persons which signed the lease agreement (trust management) with the lessor (the founder of trust management);

9) the guarantee fee - the sum of money granted by the physical or non-state legal entity for participation in the tender for lease (trust management);

10) the tender for trust management - form of the biddings on transfer to trust management of object of trust management by which the founder of trust management shall sign on the basis of the original conditions offered to them the contract with that from participants of the tender for trust management who will offer the best for the founder of trust management terms of the contract;

11) 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 lease agreements of state-owned property (further - the register).

2. Procedure for provision of the objects of lease (trust management) providing water supply of the cities and rural settlements in lease (trust management)

3. The decision on transfer of object of lease (trust management) is made by the lessor (the founder of trust management). Objects of lease (trust management), are leased (trust management) without the right of the subsequent redemption, for a period of five up to forty nine years, depending on their useful lives.

4. The lease agreement (trust management) is considered stopped after the term established by the agreement.

5. Provision of objects of lease (trust management) is performed on tender basis.

6. The compulsory provision of provision of objects of lease (trust management) in lease (trust management) is preserving their further use on purpose.

7. By transfer to lease (trust management) of objects of lease (trust management) conditions are established on:

to ensuring preserving production cycle;

to ensuring proper operation of water supply systems and water disposals, to reducing losses;

to implementation of advanced technologies, energy efficient equipment;

to holding nature protection actions;

to preserving the existing quantity or creation of new workplaces;

to transactions and (or) prohibition of certain actions concerning object of trust management during the certain period of time;

holding anti-terrorist actions on objects of lease (trust management).

8. Objects of lease (trust management) are provided in lease (trust management) within the cities and rural settlements.

9. Object of lease (trust management) to lease (trust management) is given by the lessor (the founder of trust management).

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