Article 1. The basic concepts used in this Law of the Law on State Property

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The following basic concepts are used in this Law:

1) district communal legal entities - district state-owned enterprises and district state institutions established by local executive bodies of districts and cities of regional significance;

2) district communal property - property of a district, city of regional significance, including the budget of a district, city of regional significance and other property not assigned to district communal legal entities, as well as property assigned to district communal legal entities;

RCPI's note!

Article 1 is supplemented by subparagraph 2-1) starting from 01.01.2018, for cities of district significance, villages, towns, rural districts with a population of more than 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, towns, rural districts with a population of two thousand or less, it is put into effect from 01.01.2020).

2-1) municipal property of a city of district significance, village, settlement, rural district (hereinafter referred to as municipal property of local self–government) – property of a city of district significance, village, settlement, rural district, including budget funds of a city of district significance, village, settlement, rural district, as well as property secured and (or) not assigned to municipal legal entities of local self-government;

2-2) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022).

2-3) an affiliated person of a potential buyer (acquirer) is any natural or legal person who has the right to determine decisions and (or) influence decisions made by this potential buyer (acquirer), including by virtue of a written transaction, as well as any natural or legal person in respect of whom this potential buyer (acquirer) has such a right;

2-4) socio-entrepreneurial corporation is a regional development institution in the form of a joint–stock company established by decision of local executive bodies of regions, cities of republican significance, and the capital, the controlling stake of which belongs to the state, which promotes the development of the region's economy.;

2-5) independent member of the supervisory board – a member of the supervisory board who is not an affiliated person of this state-owned enterprise by right of economic management, a limited liability partnership of which the state is the sole participant, and has not been one during the three years preceding his election to the supervisory board, is not an affiliated person in relation to affiliated persons this state-owned enterprise, limited liability company, the sole participant of which is the state; He is not affiliated with officials of this state–owned enterprise on the right of economic management, a limited liability company of which the State is the sole participant, or organizations affiliated with this state-owned enterprise, a limited liability company of which the State is the sole participant, and was not affiliated with these persons during the three years preceding its establishment. elected to the Supervisory Board; is not a government employee; does not participate in the audit of this state-owned enterprise, limited liability company, of which the state is the sole participant, as an auditor working in an audit organization, and did not participate in such an audit during the three years preceding his election to the Supervisory Board.;

3) a development plan is a document defining the main areas of activity and indicators of financial and economic activity of a state–owned enterprise, joint-stock company and limited liability partnership, the controlling stake (share of participation in the authorized capital) of which belongs to the state, for a five-year period;

4) excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective ten calendar days after the date of its first official publication).

5) the object of accounting is state property registered in the register of state property;

6) privatization is the sale of state property by the state to individuals and non–governmental 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;

RCPI's note!

Article 1 is supplemented by subparagraph 6-1) starting from 01.01.2018, for cities of district significance, villages, towns, rural districts with a population of more than 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, towns, rural districts with a population of two thousand or less, it is put into effect from 01.01.2020).

6-1) communal legal entities of local self–government - communal state-owned enterprises and communal state institutions, the property of which is in the communal ownership of a city of regional significance, village, settlement, rural district (communal property of local self-government);

7) communal legal entities - communal state-owned enterprises and communal state institutions, the property of which is in communal ownership;

8) communal property - property of administrative-territorial units;

8-1) corporate governance is a set of processes that ensure the management of the activities of state-owned enterprises and legal entities with state participation and include relations between the owner (shareholder), the supervisory board (board of directors), the executive body (management board), other bodies of state-owned enterprises and legal entities with state participation and stakeholders in the interests of the owner (shareholder);

9) the priority right of the Republic of Kazakhstan to acquire a strategic facility – the right of the Republic of Kazakhstan, which has priority over third parties, to purchase strategic facilities at market value from an individual or non-governmental legal entity that owns the strategic facility, in the event that such a person intends to make a transaction on the alienation of the strategic facility, as well as in the event of foreclosure on the strategic facility or the alienation of the strategic facility by a rehabilitation or bankruptcy trustee, as part of the estate or the sale of the pledged property (strategic object) by the mortgagee out of court, or foreclosure on a strategic object on the basis of a judicial act;

10) a state-owned enterprise is a commercial organization endowed by the state with property on the right of operational management;

11) state needs - the need to transfer privately owned property to state ownership in order to satisfy state interests arising from the functions of the state and pursuing socially significant goals;

12) nationalization is the forced retaliatory alienation of property belonging to individuals and non-governmental legal entities as part of the property of the Republic of Kazakhstan, carried out on the basis of the Law of the Republic of Kazakhstan on nationalization;

13) the authorized body for the management of the relevant branch (sphere) of public administration (hereinafter referred to as the authorized body of the relevant branch) is the central executive body or department of the central executive body designated by the Government of the Republic of Kazakhstan, which manages the relevant branch (sphere) of public administration and has rights in respect of republican property under the conditions provided for by this Law and other laws. laws of the Republic of Kazakhstan. In cases where the Government of the Republic of Kazakhstan transfers rights in respect of republican property to other state bodies, the rules of this Law on the authorized body of the relevant industry shall apply to such a state body.;

14) state-owned legal entities - state-owned enterprises and state institutions;

15) state institution is a non-profit organization established by the state and maintained only at the expense of the budget or budget (cost estimates) of the National Bank of the Republic of Kazakhstan, unless additional sources of financing are established by the laws of the Republic of Kazakhstan, for the implementation of managerial, socio-cultural or other non-commercial functions.;

16) the right of operational management of a state institution or a state-owned enterprise (hereinafter referred to as the right of operational management) is the substantive right of a state institution or a state-owned enterprise that has received property from the state as the owner and exercises it within the limits established by the Civil Code of the Republic of Kazakhstan, this Law and other laws of the Republic of Kazakhstan, in accordance with the statutory goals of its activities, tasks authorized state bodies and the assignment of property rights of ownership, use and disposal of this property;

16-1) the commission on the privatization of state–owned objects is a collegial body established by the authorized body for the management of state property or a local executive body for the preparation and conduct of tenders for privatization provided for by this Law.;

17) state property - republican and communal property;

18) state property management - the exercise by the state (the Republic of Kazakhstan or an administrative-territorial unit) of state property rights and other property rights;

19) the authorized body for the management of state property (hereinafter referred to as the authorized body for state property) – the central executive body exercising, within its competence, leadership in the field of republican property management, the exercise of state rights to republican property, privatization and state monitoring of property in sectors of the economy of strategic importance and strategic facilities, with the exception of property assigned to the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of financial market and financial organizations;

20) accounting of state property is an orderly system for collecting and summarizing information about accounting objects for the formation of a register of state property in accordance with the rules provided for in Chapter 15 of this Law.;

21) a single operator in the field of state property accounting is a legal entity with state participation in the authorized capital, determined by a decision of the Government of the Republic of Kazakhstan, which is entrusted with the tasks of implementing a unified technical policy in the field of organization and accounting of state property, as well as the functions of managing and operating assets of territorial divisions of the authorized body for state property according to the list approved by the authorized body for state property;

22) the register of state property is a unified information automated system for accounting state property, with the exception of property under the operational management of special state bodies, the Armed Forces, other troops and military formations of the Republic of Kazakhstan, and the state material reserve;

23) property rights of the state - the rights of the State to property, including:

the right of State ownership;

other property rights of the state (servitude, lease, gratuitous use of property, and others);

State's rights of obligation (rights of claim);

exclusive intellectual property rights owned by the State;

inheritance rights;

other property rights of the State provided for by the laws of the Republic of Kazakhstan;

23-1) the application list of state property is a list of legal entities whose controlling stake (shares in the authorized capital) belongs to the state, posted on the web portal of the register of state property, according to which potential buyers (purchasers) initiate the privatization process.;

24) conflict of interests - a situation in which there is a conflict between the personal interests of a member of the supervisory Board and the proper performance of his official duties or the legitimate interests of individuals and legal entities, the state, which can lead to harm to these legitimate interests.;

25) compulsory alienation of property for state needs - the seizure of a land plot or other immovable property belonging to individuals or non-governmental legal entities in connection with the seizure of a land plot as part of state property, requisition, nationalization, carried out for state needs in exceptional cases established by the laws of the Republic of Kazakhstan, and subject to equivalent compensation;

26) regional communal legal entities - regional state-owned enterprises and regional state institutions established by local executive bodies of regions, cities of republican significance, the capital;

27) regional communal property - property of the region, the city of republican significance, the capital, including the regional budget and other property not assigned to regional communal legal entities, as well as property assigned to regional communal legal entities, with the exception of district communal property;

28) requisition is the seizure by decision of state bodies of property from the owner in the interests of society in the event of natural disasters, accidents, epidemics, epizootics, during martial law or wartime and under other circumstances of an extraordinary nature, with payment to the owner of the value of the property.;

29) republican legal entities - republican state-owned enterprises and republican state institutions, whose property is owned by the Republic;

30) republican property - the property of the Republic of Kazakhstan, with the exception of communal property;

30-1) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 30-2) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 30-3) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 30-4) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 30-5) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 30-6) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022).

31) strategic object - property of socio-economic importance for the sustainable development of Kazakhstani society, the possession and (or) use and (or) disposal of which will have an impact on the state of national security of the Republic of Kazakhstan;

31-1) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 31-2) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022). 31-3) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022).

32) national managing holding is a joint-stock company, the founder and sole shareholder of which is the Republic of Kazakhstan represented by the Government of the Republic of Kazakhstan, established for the effective management of shares (stakes in the authorized capital) of national development institutions, national companies and other legal entities;

32-1) is excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022).

32-2) the development plan of national management holdings, national holdings and national companies is a document defining and justifying the mission, vision, strategic goals and objectives of the national management holding, national holding, national company for a ten–year period;

33) national development institutions are financial, consulting, innovation, and service organizations established by decision of the Government of the Republic of Kazakhstan in the organizational and legal form of joint-stock companies, the main purpose of which is to implement projects in the field of industrial and innovative development and business support, as well as to carry out activities provided for in Article 10-7 of the Law of the Republic of Kazakhstan "On Housing Relations;

34) national company – a joint-stock company established by decision of the Government of the Republic of Kazakhstan, the controlling stake of which belongs to the state, the national management holding company or the national holding company, operating in industries that form the basis of the national economy;

35) national holding company is a joint-stock company, the founder and sole shareholder of which, unless otherwise established by the laws of the Republic of Kazakhstan, is the Republic of Kazakhstan represented by the Government of the Republic of Kazakhstan, established for the effective management of shares of national companies and other joint-stock companies and shares in the authorized capital of limited liability companies;

36) the right of economic management is the property right of a state-owned enterprise on the right of economic management, which has received property from the state as the owner and exercises, within the limits established by the Civil Code of the Republic of Kazakhstan, this Law and other laws of the Republic of Kazakhstan, the rights to own, use and dispose of this property;

37) a state-owned enterprise on the right of economic management is a commercial organization endowed by the state with property on the right of economic management and responsible for its obligations with all property belonging to it.;

37-1) affiliated persons of a state-owned enterprise on the right of economic management - individuals or legal entities (with the exception of state bodies performing control and supervisory functions within the scope of their powers) who have the opportunity to directly and (or) indirectly make decisions and (or) influence decisions made by each other (one of the persons), including by virtue of the concluded transaction;

37-2) an action plan is a document defining the main activities and indicators of the financial and economic activities of a national management holding, a national holding company and a national company for a five–year period.;

38) excluded by the Law of the Republic of Kazakhstan dated 06/08/2021 No. 48-VII (effective from 01.01.2022).

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