Article 16. Features of the turnover of unused property of the Law on the Defense Industry and the State Defense Order

Home / RLA / Article 16. Features of the turnover of unused property of the Law on the Defense Industry and the State Defense Order

1. The authorized body disposes of unused property after the state bodies have made a decision to declare the property unused.

2. Unused property is transferred, sold, and liquidated through destruction, disposal, burial, and recycling in accordance with the rules for the transfer, sale, and liquidation through destruction, disposal, burial, and recycling of unused property, as well as the provision of property lease (lease) of unused defense facilities.

3. Unused property, with the exception of weapons and military equipment, is subject to assessment in accordance with the procedure established by the legislation of the Republic of Kazakhstan on assessment activities.

The initial price of the unused property sold in the form of weapons and military equipment is determined based on the book value.

4. The sale of unused property in the form of weapons and military equipment is carried out to entities that have the right to purchase weapons and military equipment, as well as to foreign legal entities in accordance with the legislation of the Republic of Kazakhstan.

Organizations of the military-industrial complex, all other things being equal, have the right to pre-empt the acquisition of unused property in the form of weapons and military equipment.

Unused property in the form of weapons and military equipment is sold through closed tenders or auctions with the condition of its export.

If organizations of the military-industrial complex have the ability to repair and (or) modernize unused property in the form of weapons and military equipment requiring repair and (or) modernization, the specified property is sold with the mandatory condition of their repair and (or) modernization in accordance with the rules of transfer, sale, liquidation through destruction, disposal, burial. and the processing of unused property, as well as the provision of unused defense facilities for property hire (lease).

5. Unused property is sold by an authorized organization.

6. The funds received from the sale of unused property are sent to the republican budget.

Payment for services related to the organization and conduct of auctions for the sale of unused property is made at the expense of the buyer in accordance with the rules for the transfer, sale, liquidation through destruction, disposal, burial and processing of unused property, as well as the provision of unused defense facilities for property lease (lease).

7. Liquidation through destruction, disposal, burial and recycling of unused property is carried out in accordance with the legislation of the Republic of Kazakhstan.

7-1. In the absence of the possibility of disposal of ammunition deemed unused, or when further storage of ammunition deemed unused poses a real danger, the authorized body decides on their destruction.

The criteria for the actual danger, as well as the procedure for the destruction of ammunition recognized as unused, are established by the rules for the transfer, sale, liquidation through the destruction, disposal, burial and processing of unused property, as well as the provision of property lease (lease) of unused defense facilities.

This Law regulates public relations in the field of the defense industry, the state defense order, as well as certain issues of the turnover of weapons and military equipment.

President

Republic of Kazakhstan

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