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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2015 No. 1126

About approval of Rules of cession of property of government employees in trust management

According to article 13 of the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of cession of property of government employees in trust management.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Prime Minister of the Republic Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015 No. 1126

Rules of cession of property of government employees in trust management

These rules of cession of property of government employees in trust management (further - Rules) according to the Constitution of the Republic of Kazakhstan of August 30, 1995, the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999, the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan determine procedure for cession of property of government employees in trust management.

1. General provisions

1. The concepts used in these rules:

1) trust management – the activities of the trustee for management on its own behalf the property of the government employee transferred to its ownership, use and the order performed for the benefit of the government employee or other person (beneficiary) specified to them within the powers established by the contract for trust management;

2) the trustee – any person, at the choice of the government employee, the performing property trust management of the government employee based on the relevant agreement.

2. The government employee at discretion taking into account requirements of the legislation determines amount of the competences delegated to the trustee.

3. The government employee has the right to gain income from the property delivered in trust management.

2. Procedure for cession of property of government employees in trust management

4. Property trust management of the government employee arises (is established) on the basis:

1) transactions;

2) administrative act.

5. The government employee within a month after assumption of office for the period of passing of public service delivers in trust management the shares which are in its property, shares (share) in the authorized capital of the commercial organizations and other property which use attracts receipt of the income, except for the money which is legally belonging to this person and also the property transferred to property employment.

6. The government employee provides notarially attested copy of the contract for property trust management in ten-day time from the date of the notarial attestation in service of personnel management (personnel service) of state body on place of employment.

7. In case of agreement cancelation on property trust management of one of the parties, the government employee notifies on it service of personnel management (personnel service) on place of employment in a month, and the property which is subject to transfer to trust management after agreement cancelation is delivered in a month in trust management with provision in service of personnel management (personnel service) on place of employment of notarially attested copy of the agreement according to the procedure, established by these rules again.

8. The property trust management agreement, along with the general bases of discharge, stops:

1) the death of the citizen - the trustee, the announcement his dead, recognition its incapacitated or it is limited by capable, is unknown absent; liquidation of the legal entity - the trustee;

2) refusal of the trustee or government employee in connection with impossibility for the trustee personally to exercise control of confidential property;

3) refusal of the government employee of agreement performance, on condition of payment to the trustee of losses and remuneration if it was provided by the agreement;

4) refusal of the trustee in case of not message to it about transfer to management of pledged property with payment of remuneration to it if it was provided by the agreement.

9. Any follow-up information about cancellation of the contract for property trust management or its renewal is submitted by the government employee within ten-day term after approach of the specified events in service of personnel management (personnel service) of state body on place of employment.

In case of renewal of the contract for property trust management its notarially attested copy is provided in service of personnel management (personnel service) of state body on place of employment according to the procedure, established by these rules.

Appendix

to the Order of the Government of the Republic of Kazakhstan of December 30, 2015 No. 1126

List of invalid some decisions of the Government of the Republic of Kazakhstan

1. The order of the Government of the Republic of Kazakhstan of January 20, 2000 No. 99 "About approval of Rules of cession of property of government employees in trust management" (SAPP of the Republic of Kazakhstan, 2000, No. 3, the Art. 38).

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