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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 13, 2005 No. 370

About approval of the provisions regulating privatization of state-owned property sales methods at auction and leases with the subsequent redemption

(as amended on 18-09-2023)

For the purpose of enhancement of regulatory legal acts on privatization the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- The paragraph of ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 29.11.2012 No. 801;

- Regulations on privatization of state-owned property by lease method with the subsequent redemption.

2. Recognize invalid:

- paragraphs two and the fifth Item 1 of the Order of the Government of the Kyrgyz Republic of March 26, 2003 No. 168 "About approval of the provisions regulating privatization of state-owned property";

- the subitem 2) Item 2 of the Order of the Government of the Kyrgyz Republic of April 20, 2004 No. 277 "About modification and amendments in some decisions of the Government of the Kyrgyz Republic".

Prime Minister

K. Bakiyev

Approved by the Order of the Government of the Kyrgyz Republic of August 13, 2005 No. 370

Regulations on privatization of state-owned property sales method at auction

The provision voided according to the Order of the Government of the Kyrgyz Republic of 29.11.2012 No. 801

Approved by the Order of the Government of the Kyrgyz Republic of August 13, 2005 No. 370

Regulations on privatization of state-owned property by lease method with the subsequent redemption

I. General provisions

1. This Regulations on privatization of state-owned property by lease method with the subsequent redemption (further - the Provision) are developed according to the Civil code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About privatization of state-owned property in the Kyrgyz Republic" and determine conditions and procedure for privatization of state-owned property by lease method with the subsequent redemption.

2. The main terms used in this Provision:

lease with the subsequent redemption - one of methods of privatization of state-owned property, represents system of the relations in case of which the lessor performs sale of leasable state-owned property to the lessee according to the procedure and on the conditions determined by the relevant agreement;

The lessor - the state, on behalf of authorized state body on privatization and management of state-owned property;

The lessee - the physical person or legal entity which received state-owned property in lease and meeting requirements imposed to buyers of such property;

the property leased with subsequent vykupomimushchestvo, which is in property of the state, not having restrictions whenever possible of privatization and being in lease.

3. The legal relationship connected with lease of state-owned property with the subsequent redemption arise based on the lease agreement of the state-owned property with the subsequent redemption (further - the lease agreement with the redemption) concluded between the Lessor and the Lessee.

4. The cost of the state-owned property leased with the subsequent redemption is determined and affirms according to the legislation of the Kyrgyz Republic.

5. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 18.09.2023 No. 483

6. Terms of privatization of state-owned property by lease method with the subsequent redemption make a reservation in the lease agreement with the redemption.

7. Calculation of the rent is perfromed according to the regulatory legal acts approved by the Government of the Kyrgyz Republic.

II. Procedure for privatization of leasable state-owned property

8. Privatization of state-owned property by lease method with the subsequent redemption is performed based on the written appeal of the physical person or legal entity which received state-owned property in lease and leasing state-owned property at least three years.

9. Authorized state body on privatization and management of state-owned property, after receipt of the statement with appendix of the relevant documents having the right to make the decision on privatization of leasable state-owned property.

10. For privatization of leasable state-owned property to authorized state body on privatization and management of state-owned property the following documents are submitted:

- statement of standard sample (appendix No. 1);

- questionnaire of standard sample (appendix No. 2);

- if necessary other documents attached to the request.

11. The decision on privatization of the state-owned property which is in lease affirms the order of authorized state body on privatization and management of state-owned property which copy goes to the Lessee.

III. Requirements to the lease agreement with the redemption

12. The main data which shall contain in the lease agreement with the redemption:

- type and the name of the property leased with the redemption, its location and legal position;

- structure and estimated value of the property leased with the redemption;

- lease term and amount of the rent, condition and terms of its introduction;

- procedure, amount and terms of introduction of redemption payments;

- rights and obligations of the Parties, bases, procedure for change and agreement cancelation;

- control over the implementation of provisions of the lease with the redemption and responsibility of the parties for non-execution or improper execution of contractual commitments;

- if necessary other conditions and data.

IV. The introduction of the lease agreement with the redemption in force

13. The lease agreement is signed with the redemption in writing by creation of the single document signed by the parties.

14. The lease agreement with the redemption is subject to state registration according to the procedure, established by the legislation of the Kyrgyz Republic.

15. The rent and redemption payments are listed by the Tenant Arendodatelyu with the subsequent transfer in accordance with the established procedure.

16. The early redemption of property can be performed only in case of accomplishment of all provisions of the lease with the redemption.

16-1. The property right to leasable state-owned property passes to the Lessee after accomplishment with it all contractual commitments, including complete payment of lease and redemption payments.

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