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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2015 No. 1140

About approval of Rules of provision to subjects of small and medium business in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

According to the subitem 7) of Item 1 of article 98 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision to subjects of small and medium business in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property.

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

3. This resolution becomes effective from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015 No. 1140

Rules of provision to subjects of small and medium business in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

1. General provisions

1. These rules are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and determine procedure for provision to subjects of small and medium business in property employment (lease) or trust management of the buildings which are not used by the state, constructions, vehicles and the equipment which are in state-owned property and occupied by buildings and constructions of the parcels of land for the organization of productive activity and development of service industry to the population, except for trade and intermediary activities, with the subsequent voluntary conveyance in property.

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

1) the guarantee fee – the sum of money granted by the subject of small and medium business for participation in the tender;

2) the participant – the subject of small and medium business registered in the procedure established in these rules for participation in the tender;

3) authorized body on management of the corresponding industry (sphere) of public administration (further – authorized body of the corresponding industry) – the central executive body or department of the central executive body determined by the Government of the Republic of Kazakhstan, which are performing management of the corresponding industry (sphere) of public administration and having rights concerning republican property on the conditions provided by the Law of the Republic of Kazakhstan "About state-owned property" and other laws of the Republic of Kazakhstan;

4) the single operator in the sphere of accounting of state-owned property – the legal entity determined by the decision of the Government of the Republic of Kazakhstan to which tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property are assigned;

5) objects – more than one years and buildings, unrealized by results of privatization, which are not used by the state for designated purpose, constructions, vehicles and the equipment which are in state-owned property, and the parcels of land occupied by buildings and constructions;

6) the tender is form of the biddings on provision to subjects of small and medium business in property employment (lease) or trust management of the objects which are carried out with use of the web portal of the register in electronic format in case of which territorial subdivisions of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further – territorial subdivisions), the public institutions authorized by akimats on the order municipal state-owned property, financed from the corresponding local budgets (further – executive bodies) shall on the basis of the original conditions accepted by them to sign the contract with that from participants of the tender which will offer the best terms of the contract;

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

8) 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 agreements of property hiring (lease) of state-owned property and trust management of state-owned property (further – the register);

9) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

10) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. Preliminary stages of privatization are recognized: delivery of state-owned property in property employment (lease) or its transfer to trust management with the right of the subsequent redemption according to the procedure, established by the legislation of the Republic of Kazakhstan.

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