ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2015 No. 19-5/293

About approval of Rules of provision in lease and trust management of water management constructions

According to subitem 7-2) of Item 1 of article 37 of the Water code of the Republic of Kazakhstan of July 9, 2003, PRIKAZYVAYU:

1. Approve the enclosed Rules of provision in lease and trust management of water management constructions.

2. To provide to committee on water resources of the Ministry of Agriculture 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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication 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 Agriculture of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of March 31, 2015 No. 19-5/293

Rules of provision in lease and trust management of water management constructions

1. General provisions

1. These rules of provision in lease and trust management of water management constructions (further - Rules) determine procedure for provision in lease and trust management of the water management constructions which are in state-owned property (further - water management constructions) without the right of the subsequent redemption.

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

1) the lessee - physical and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan;

2) the lessor - authorized body on state-owned property or local executive bodies;

3) the guarantee fee - the sum of money granted by the physical or non-state legal entity for participation in the tender;

4) authorized body on state-owned property - the central executive body performing within the competence management in the sphere of management of republican property, realization of the rights of the state to republican property, privatization and the state monitoring of property in the industries of economy having strategic importance and strategic objects, except for the property assigned to National Bank of the Republic of Kazakhstan;

5) the founder of trust management - the state body authorized on the order by republican property or local executive body;

6) the trustee - the physical persons and non-state legal entities who signed the trust management agreement with the founder of trust management of state-owned property;

7) water management constructions - artificially created hydraulic engineering constructions and devices for the purpose of regulation of use and protection of water resources, water supply, water disposal and elimination of harmful effects of waters;

8) the tender is form of the biddings on provision in lease or in trust management of water management construction in case of which the lessor or the trustee shall on the basis of the original conditions accepted by it to sign the contract with that from participants of the tender which will offer the best for the lessor or the founder of trust management of the term of the contract;

9) the tender commission - the commission created by the lessor or the founder of trust management for the organization and carrying out the tender for transfer of water management construction to lease or trust management;

10) the participant of the tender - the physical or non-state legal entity allowed to participation in the tender;

11) the winner of the tender - the participant of the tender which according to the conclusion of the tender commission offered the best terms;

12) the asset holder - the state legal entity to whom the water management construction is assigned on the right of operational management or economic maintaining;

13) authorized body - the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements;

14) the agreement - the lease agreement or trust management of water management construction concluded between the lessor and the lessee or the founder of trust management and the trustee.

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