of December 30, 2015 No. 1126
About approval of 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) are developed 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 and determine procedure for cession of property of government employees in trust management.
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
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. 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.
4. Property trust management of the government employee arises (is established) on the basis:
1) transactions;
2) administrative act.
5. The government employee within thirty calendar days from the date of 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 within thirty calendar days service of personnel management (personnel service) on place of employment, and the property which is subject to transfer to trust management within thirty calendar days after agreement cancelation is delivered in trust management with submission to 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
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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The document ceased to be valid since June 20, 2023 according to the Item 1 Order of the Government of the Republic of Kazakhstan of June 16, 2023 No. 479