Attention users!
For your convenience, the RCLI has created a Table of Contents.
RCLI Note:
For the procedure for enacting this Law of the Republic of Kazakhstan, see Article 219.
This Law defines the legal regime of state property, the legal basis for managing state property, including property assigned to state-owned legal entities and state-owned shares and participation interests in the authorized capital of legal entities, the legal basis for acquiring and terminating rights to state property, and is aimed at ensuring the effective exercise by the state of the rights of the owner and holder of other rights to state property.
SECTION 1. BASIC PROVISIONS ON STATE PROPERTY
Chapter 1. GENERAL PROVISIONS ON STATE PROPERTY MANAGEMENT
Article 1. Key Concepts Used in This Law
The following key concepts are used in this Law:
1) District municipal legal entities - district state-owned enterprises and district state institutions established by local executive bodies of districts and cities of regional significance;
2) District municipal property - the property of a district or city of regional significance, including the budget of a district or city of regional significance and other property not assigned to district municipal legal entities, as well as property assigned to district municipal legal entities;
Note from the RCPI!
Article 1 has been supplemented with subparagraph 2-1) effective 01.01.2018 for cities of district significance, villages, settlements, and rural districts with a population of over two thousand people in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for cities of district significance, villages, settlements, and rural districts with a population of two thousand people or less, it shall come into force on 01.01.2020).
2-1) Communal property of a city of district significance, village, settlement, or rural district (hereinafter referred to as municipal property of local government) - property of a city of district significance, village, settlement, or rural district, including funds from the budget of a city of district significance, village, settlement, or rural district, as well as property assigned and (or) not assigned to municipal legal entities of local government;
Note from the RCPI!
Subparagraph 2-2) is provided for in the wording of the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (comes into effect on 01.01.2020).
2-2) A social entrepreneurship corporation is a regional development institution in the form of a joint-stock company, created by decision of local executive bodies of regions, cities of republican significance, or the capital, in which the state owns a controlling stake, which promotes the development of the regional economy;
Note from the RCLI!
Subparagraph 2-3) is to be added to Article 1 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (comes into effect on 01.01.2020).
2-4) independent member of the supervisory board - a member of the supervisory board who is not an affiliate of the given state-owned enterprise on the right of economic management and has not been such for three years preceding his election to the supervisory board, is not affiliated with affiliated persons of the given state-owned enterprise; is not connected by subordination to officials of the given state-owned enterprise on the right of economic management or organizations - affiliated persons of the given state-owned enterprise and has not been connected by subordination to these persons for three years preceding his election to the supervisory board; is not a civil servant; does not participate in the audit of the given state-owned enterprise as an auditor working as part of an audit organization, and has not participated in such an audit for three years preceding his election to the supervisory board;
3) Development plan - a document defining the main areas of activity and indicators of the financial and economic activities of a state-owned enterprise, joint-stock company, or limited liability partnership in which the state owns a controlling stake (stake in the authorized capital), including a national management holding company, a national holding company, and a national company, for a five-year period;
4) Development strategy - a document defining and justifying the mission, vision, strategic goals, and objectives of a national management holding company, a national holding company, or a national company for a ten-year period;
5) Accounting object - state property recorded in the state property register;
6) Privatization - the sale of state property by the state to individuals and non-state legal entities within the framework of special procedures established by this Law, with the exception of the sale of state property to a state-owned Islamic special financial company;
Note from the RCLI!
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