I ORDER:
The following amendments shall be made to Order No. 227 of the Minister of Finance of the Republic of Kazakhstan dated March 30, 2015, "On Approval of the Rules for the Sale or Use of Property Seized Based on a Criminal Court Verdict Regarding Confiscation of Property or Based on a Decision to Transfer Property to the State" (registered in the State Register of Regulatory Legal Acts under No. 10813):
In the Rules for the Sale or Use of Property Seized Based on a Criminal Court Verdict Regarding Confiscation of Property or Based on a Decision to Transfer Property to the State, approved by the said order:
In paragraph 2:
Subparagraph 2) shall be amended to read as follows:
"2) Starting price – the price of the property determined based on the property valuation report submitted by the appraiser and established by the commission;";
Subparagraph 13) shall be amended to read as follows:
"13) Commission Order – an integral part of the public procurement (commission) agreement, which specifies the property and its starting price, as well as the amount deposited by the trading organization into the seller's account as financial security for the execution of the commission order;"
Subparagraph 16) shall be amended to read as follows:
"16) Single Operator in the Sphere of State Property Accounting (hereinafter, the Single Operator) – a legal entity with state participation in the authorized capital, as defined by Resolution No. 802 of the Government of the Republic of Kazakhstan dated July 15, 2011, "On Determining the Single Operator in the Sphere of State Property Accounting";"
Subparagraph 20) shall be amended to read as follows:
"20) Sale Price – the final price of the property established based on the results of the auction, or the price at which the property was sold by the trading organization under the relevant public procurement (commission) agreement;"
In paragraph 4:
Part four shall be amended to read as follows:
"Property held in shared ownership shall be offered by the seller to the remaining participants in the shared ownership prior to being put up for auction at a starting price set by the commission based on the property valuation report submitted by the appraiser."
Part six shall be amended to read as follows:
"The requirements of Part two of this paragraph regarding the property specified in items 12, 15, 18, and 19 of Appendix 1 to these Rules shall not apply to law enforcement and special government agencies for the purpose of ensuring state security, maintaining law and order, and preventing and suppressing criminal offenses, provided that the criteria established in paragraph 5 of these Rules are met."
Paragraph 10 shall be amended to read as follows:
"10. The determination of the trading organization for concluding a public procurement contract (commission) with it shall be carried out by the seller in accordance with the legislation of the Republic of Kazakhstan on public procurement."
In this case, it is not permitted to conclude a public procurement (commission) agreement for the services of a trading organization with a potential supplier that has obligations to the seller under public procurement agreements for property valuation services in the relevant financial year, in accordance with paragraph 3 of Article 7 of the Law of the Republic of Kazakhstan "On Public Procurement."
The first part of paragraph 12 shall be amended to read as follows:
"12. The transfer of property for sale through trading organizations in accordance with a public procurement (commission) agreement shall be carried out on the basis of a commission order, an acceptance certificate, and a document confirming monetary security for the execution of the commission order in the amount of 50 (fifty) percent of the initial price of the property received for sale (a payment order or bank guarantee)."
The first part of paragraph 14 shall be amended to read as follows:
"14. If, after three (3) months from the date of receipt of the commission order, any property remains unsold, its value shall be reduced by 50 (fifty) percent of the initial price of the property, and a corresponding addendum to the acceptance certificate shall be signed, indicating the amount to be transferred to the relevant budget or Special State Fund.
Subparagraph 2) of paragraph 16 shall be amended to read as follows:
"2) the initial price of the property shall be determined based on the commission's decision, and the starting and minimum prices of the property shall be determined in accordance with paragraph 35 of these Rules;"
Subparagraph 6) of paragraph 17 shall be amended to read as follows:
"6) determine the trading method based on the brokerage company's recommendation for the sale of securities transferred to state ownership on stock exchanges."
Subparagraph 5) of paragraph 18 shall be amended to read as follows:
"5) determining the initial price of the property based on the commission's decision;"
Subparagraph 5) of Part Two of Paragraph 19 shall be amended to read as follows:
"5) the starting price, and if an auction is conducted using the descending price method, the minimum price of the property offered for auction;"
Paragraphs 35 and 36 shall be amended to read as follows: