In accordance with paragraph 2 of Article 27 of the Law of the Republic of Kazakhstan dated March 1, 2011 "On State Property", the Government of the Republic of Kazakhstan DECIDES:
1. Approve the attached rules for the acquisition of property rights by the state under the donation contract.
2. Recognize the lost force:
1) Clause 1 of the Resolution of the Government of the Republic of Kazakhstan dated December 29, 2007 No. 1371 "On the Approval of Rules for the Voluntary and Free Transfer of Property from Private Property to the State" (SAPP of the Republic of Kazakhstan, 2007, No. 50, Art. 632);
2) Decree of the Government of the Republic of Kazakhstan dated February 25, 2010 No. 124 "On introduction of additions and changes to the Decree of the Government of the Republic of Kazakhstan dated December 29, 2007 No. 1371" (SAPP Respublika Kazakhstan, 2010, No. 18, Article 142);
3) point 14 of changes that are introduced in some decisions of the Government of the Republic of Kazakhstan, approved by the resolution of the Government of the Republic of Kazakhstan dated July 18, 2011 No. 820 "On changes in some decisions of the Government of the Republic of Kazakhstan".
3. This resolution shall enter into force upon the expiration of ten calendar days after the first official publication.
Prime Minister
Republic of Kazakhstan K. Masimov
Approved
by Government decree
Republic of Kazakhstan
No. 1103 dated September 28, 2011
Rules
Acquisition of property rights by the state under a donation agreement
1. General provisions
1. These Rules for the acquisition of property rights by the state under the donation agreement (hereinafter - the Rules) were developed in order to regulate the acquisition of property rights by the state under the donation agreement and determine the appropriate order.
2. The decision on the transfer of property rights to the state under the donation agreement is accepted by the owner of the property and must be processed in accordance with the procedure established by law.
The owners of the property transferred to the state under the donation agreement are individuals and non-state legal entities.
2. Procedure for transfer of state property rights
according to the contract
3. The owner of the property transferred to the state ownership applies to the authorized body for state property or its territorial subdivision (hereinafter - territorial subdivision), or local executive bodies of the region, city of republican significance, capital, district, city of regional significance, or the akim's apparatus of the city of district significance, village, township, rural district (hereinafter - local executive bodies) with a proposal to transfer the state's rights to property under the donation contract.
Territorial division upon receipt of a request from the owner of the property within three working days directs this request to the authorized body for state property.
Footnote. Clause 3 with the amendment introduced by the Government of the Republic of Kazakhstan No. 768 of 23.11.2017 (it will be put into effect after the expiration of ten calendar days after the day of its first official publication).
4. The authorized body for state property or local executive bodies, within seven calendar days from the day of receiving the application of the owner of the property, shall notify the central executive bodies or executive bodies financed from the local budget, authorized by local executive bodies to perform certain functions of local government (hereinafter referred to as "state bodies"), about the proposed transfer of property rights to the state to the state in order to present a conclusion on the need for the state to acquire rights to property under the contract of donation.
5. Within thirty calendar days from the day of receipt of the relevant proposal, state bodies prepare conclusions on the necessity (or lack of necessity) of the state's acquisition of property rights under the donation agreement and send it to the authorized body for state property or to local executive bodies.
6. The main criteria when considering the issue of the need for the state to acquire property rights under the donation agreement are:
1) economic expediency of taking property into state ownership;
2) designation and use of property after acceptance into state ownership;
3) financial security of the transferred property.
In the conclusion of the state body, the state institution or state enterprise (hereinafter referred to as the state legal entity) should be specified, which is supposed to secure the specified property, taking into account the established norms and limits of the property's position, provided by the legislation of the Republic of Kazakhstan, as well as the financial costs of the maintenance and operation of the accepted property.
Definition of the owner of the property, the right to which is transferred to the state under the contract of donation, specific state