Article 10. Transfer of communal property from one level of local government and self-government to another The Law on State Property

Home / RLA / Article 10. Transfer of communal property from one level of local government and self-government to another The Law on State Property

1. Communal property is divided according to the level of local government and self-government into regional communal property, district communal property and communal property of local self-government.

District communal property includes, in particular, property that has become State property on the grounds provided for in articles 23, 24, 26, 30, 31 and 32 of this Law.

The level of local public administration of communal property of the city of republican significance, the capital is equal to the level of local public administration of communal property of the region. In the city of republican significance and the capital, the district level of local public administration of communal property is not allocated and is not being created. The competence of the local executive body of the district for the management of communal property provided for by this Law is carried out by the local executive body of the city of republican significance or the capital, unless otherwise provided by the laws of the Republic of Kazakhstan.

The level of local public administration of municipal property in a city of regional significance is equivalent to the level of local public administration of municipal property in a district.

1-1. The transfer of district communal property to the municipal property of local self-government or vice versa does not entail the termination of the state's rights to property, but is the basis for the termination of the rights of an administrative-territorial unit of a district (city of regional significance) to district communal property and the acquisition of rights by an administrative-territorial unit of a city of regional significance, village, settlement, rural district to communal property local self-government or termination of the rights of an administrative-territorial unit of a city of regional significance, village, settlement, ownership of municipal property of a rural district by local self-government and the acquisition of rights by an administrative-territorial unit of a district (city of regional significance) to district communal property.

2. The transfer of state property from one level of local public administration of communal property to another is carried out by decision of the local executive body of the region.

2-1. The communal property of an administrative-territorial unit that is part of an agglomeration is transferred by the owner to the communal property of the local executive body on whose territory the project is implemented, based on a petition from the local executive body of the administrative-territorial unit.

3. The transfer of state property assigned to communal legal entities from one level of local government and self-government of communal property to another, as well as the transfer of property for the purpose of agglomeration development, shall be carried out in the following manner:

1) property complexes of regional communal legal entities, shares of joint-stock companies and shares in the authorized capital of limited liability partnerships related to the level of regional communal property are transferred to the level of district communal property by decision of the local executive body of the region on the basis of petitions from local executive bodies of districts, cities of regional significance;

2) the property of regional communal legal entities is transferred to the level of district communal property on the basis of petitions from local executive bodies of districts and cities of regional significance by decision of the local executive body of the region.;

3) property complexes of district communal legal entities, shares of joint-stock companies and shares in the authorized capital of limited liability partnerships related to the district level of communal property are transferred to the regional level of communal property on the basis of decisions of local executive bodies of districts, cities of regional significance and decisions of the local executive body of the region;

4) the property of district communal legal entities is transferred to the level of regional communal property on the basis of decisions of local executive bodies of districts, cities of regional significance and the local executive body of the region.

5) property complexes of district communal legal entities belonging to the district level of communal property are transferred to the level of communal property of local self-government by decision of the local executive body of the district (city of regional significance) on the basis of a petition from the office of the akim of the city of regional significance, village, settlement, rural district (in coordination with the meeting of the local community);

6) the property of district communal legal entities is transferred to the level of municipal property of local self-government on the basis of a petition from the office of the akim of a city of district significance, village, settlement, rural district (in coordination with a meeting of the local community) by decision of the local executive body of the district (city of regional significance);

7) property complexes of municipal legal entities of local self-government related to the level of communal property of local self-government are transferred to the district level of communal property on the basis of decisions of the akim's office of a city of regional significance, village, settlement, rural district (in coordination with the meeting of the local community) and the local executive body of the district (city of regional significance);

8) the property of municipal legal entities of local self-government is transferred to the level of district communal property on the basis of decisions of the office of the akim of the city of district significance, village, settlement, rural district (in coordination with the meeting of the local community) and the local executive body of the district (city of regional significance).

9) the property of communal legal entities that are part of the agglomeration is transferred to ownership on the basis of a petition from the local executive body on whose territory the facility is located for the development of the agglomeration.

4. After making a decision on the transfer of state property from one level of local government and self-government of communal property to another, a transfer act is drawn up within thirty days, signed by authorized officials of the transferring and receiving parties and approved by the heads of local executive bodies of regions, districts, cities of regional significance, as well as the offices of akims of cities of regional significance, villages, towns, rural districts.

The transfer act is drawn up in four copies in Kazakh and Russian, two copies for each of the parties involved in the registration of the transfer act.

5. The procedure established by this article applies to the transfer of communal property not assigned to state-owned legal entities from one level of local government and self-government to another, unless otherwise provided by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated March 1, 2011 No. 413-IV.

This Law defines the legal regime of state property, the legal basis for the management of State property, including property assigned to State-owned legal entities, and state-owned shares and stakes in the authorized capital of legal entities, the legal grounds for the acquisition and termination of 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. on state property.

President

Republic of Kazakhstan

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