Article 106. Preliminary stages of privatization Law on State Property - Excluded by the Law of the Republic of Kazakhstan dated June 24, 2025 No. 196-VIII SAM
1. The preliminary stages of privatization are recognized as: the transfer of state property to property lease (lease) or its transfer to trust management with the right of subsequent redemption in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
2. The trustee or the tenant (tenant) is selected on the basis of a tender in accordance with Articles 100 and 101 of this Law, establishing requirements and conditions that are not anti-competitive with respect to potential bidders.
3. The rules of the civil legislation of the Republic of Kazakhstan governing such relations, taking into account the specifics provided for in Article 105 of this Law and this Article, shall apply to the relations of trust management and property lease (lease).
RCPI's note!
This version of paragraph 4 is valid 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 (current version until 01.01.2020 for cities of district significance, villages, towns, rural districts with a population of two thousand or less people see the archived version of the Law of the Republic of Kazakhstan “On State Property” dated 03/01/2011 No. 413-IV dated 12/25/2017).
4. The transfer of state property to trust management or property lease (lease) is formalized by a corresponding agreement between the authorized body for state property or the local executive body or the office of the akim of a city of regional significance, village, settlement, rural district with the trustee or the tenant (tenant). The contract must specify in what terms and under what conditions the state property will become the property of the trustee or the tenant (tenant).
5. Shares owned by the State may be transferred to trust management on the basis of a tender in accordance with articles 100 and 101 of this Law.
6. Small business entities may be provided with trust management or property lease (lease) for a period of one year with the right to subsequent gratuitous transfer to ownership of state property that has not been used for more than one year for the organization of production activities and the development of services to the public, with the exception of trade and intermediary activities.
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
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
