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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 4, 2016 No. 130

About approval of Rules and terms of representation by the physical persons and legal entities participating in accomplishment of functions on management of state-owned property, reports on all transactions of property nature and financial activities connected with state-owned property

According to Item 11 of article 11 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules and terms of representation by the physical persons and legal entities participating in accomplishment of functions on management of state-owned property, reports on all transactions of property nature and financial activities connected with state-owned property.

2. This resolution becomes effective since January 1, 2017 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of March 4, 2016 No. 130

Rules and terms of representation by the physical persons and legal entities participating in accomplishment of functions on management of state-owned property, reports on all transactions of property nature and financial activities connected with state-owned property

1. General provisions

1. These rules and terms of representation by the physical persons and legal entities participating in accomplishment of functions on management of state-owned property, reports on all transactions of property nature and financial activities connected with state-owned property (further – Rules) are developed according to Item 11 of article 11 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" and determine procedure and terms of representation by the physical persons and legal entities participating in accomplishment of functions on management of state-owned property, reports on all transactions of property nature and financial activities connected with state-owned property in the state body performing concerning state-owned property of competence of the owner.

2. The basic concepts used in these rules:

1) the software – set of programs, program codes, and also software products with the technical documentation necessary for their operation;

2) the executive body financed from the local budget – the public institution authorized by akimat on the order municipal (regional, district) property financed from the corresponding local budgets;

3) state-owned property – republican and municipal property;

4) the physical persons participating in accomplishment of functions on management of state-owned property (further – physical persons) – the physical persons which signed the agreement of property hiring (lease) of state-owned property and (or) the trust management agreement of state-owned property;

5) the legal entities participating in accomplishment of functions on management of state-owned property (further – legal entities) – the legal entities who signed the agreement of property hiring (lease) of state-owned property and (or) the trust management agreement of state-owned property;

6) authorized body on management of 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;

7) the agreement of property hiring (lease) of state-owned property – the transaction made in writing according to which the lessor shall provide to the employer state-owned property for a fee in temporary ownership and use;

8) the trust management agreement of state-owned property – the transaction made in writing according to which the trustee shall exercise on its own behalf control of the state-owned property transferred to its ownership, use and the order if other is not provided by the agreement or legal acts, for the benefit of the beneficiary;

9) the register of state-owned property (further – the register) – the single information automated system of accounting of state-owned property, except for the property which is in operational management of special state bodies, and the state material reserve.

3. Reports are subdivided on:

1) the report on all transactions of property nature connected with state-owned property;

2) the report on the financial activities connected with state-owned property.

2. Procedure and terms of submission of reports on all transactions of property nature and financial activities connected with state-owned property

4. The report is submitted by physical persons and legal entities according to the following transactions of property nature:

1) subleases of state-owned property;

2) guarantee of state-owned property;

3) on carrying out state-owned property by the third parties of improvements;

4) alienations of state-owned property.

5. The physical persons and legal entities which are employers in case of the conclusion of transactions, stipulated in Item 4 Rules, reports on all transactions of property nature connected with state-owned property are represented within 10 (ten) working days from the date of the conclusion of such transaction.

6. The individual entrepreneurs and legal entities who are trustees on management of state-owned property in case of the conclusion of the transaction about alienation or guarantee of state-owned property, submit the report on all transactions of property nature connected with state-owned property within the terms provided by the trust management agreement of state-owned property.

7. The report on all transactions of property nature connected with state-owned property is submitted in form according to appendix to these rules and includes the following data:

1) transaction type (sublease, pledge, carrying out improvements, alienation);

2) transaction details (number and date of the agreement, completion dates of the transaction, the party of the transaction, payment term or the procedure for introduction of payments provided by the transaction);

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