Article 17. Competence of local executive bodies of regions, cities of republican significance, the capital The Law on State Property

Home / RLA / Article 17. Competence of local executive bodies of regions, cities of republican significance, the capital The Law on State Property

Local executive bodies of regions, cities of republican significance, and the capital:

1) develop and approve regulatory legal acts in the field of regional communal property management within their competence;

2) coordinate the work of local executive bodies of districts and cities of regional significance on issues within their competence in the field of district communal property management;

3) manage the regional communal property, implement measures to protect it;

 4) make a decision on the privatization of regional communal property, as well as enterprises as a property complex, with mandatory public hearings in accordance with the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan";

5) excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 399-VI (effective ten calendar days after the date of its first official publication);

6) make decisions on the creation, reorganization and liquidation of regional municipal legal entities, as well as on participation in joint-stock companies and limited liability companies, their creation, reorganization, liquidation, alienation of shares of joint-stock companies belonging to them, shares of participation in the authorized capital of limited liability companies;

7) approve the charter (regulations) of regional communal legal entities, introduce amendments and additions to it, or authorize an executive body funded from the local budget authorized to dispose of regional communal property.;

8) determine the priority areas of activity and mandatory amounts of work (services) financed from the budget of regional state-owned enterprises;

9) review, coordinate, in cases provided for by this Law, and approve development plans for regional state-owned enterprises and reports on their implementation.;

10) monitor and analyze the implementation of development plans for regional state-owned enterprises, state-controlled joint-stock companies and limited liability companies;

11) assign regional communal property to regional communal legal entities;

12) give their consent to the establishment of branches and representative offices by regional municipal legal entities;

13) make a decision on the transfer of regional communal property, as well as money in accordance with the Budget Code of the Republic of Kazakhstan to the authorized capital of limited liability companies or to pay for shares of joint-stock companies;

14) make a decision on the acquisition of shares of joint-stock companies and shares in the authorized capital of limited liability companies as part of regional communal property;

15) in the cases and in accordance with the procedure provided for in Article 10 of this Law, make a decision on the transfer of regional communal property to the level of communal property of the district, city of regional significance.;

15-1) in the cases and in accordance with the procedure provided for in Article 10 of this Law, make a decision on the transfer of property of communal legal entities that are part of agglomerations to the communal ownership of the local executive body on whose territory the facility is implemented for the development of the agglomeration.;

16) decide to apply to the court with a claim for the seizure of historical and cultural monuments from the owner;

17) make decisions on the use of regional communal property, including its transfer as collateral, lease, gratuitous use and trust management;

18) make a decision on requisition in case of emergency situations of a natural and man-made nature under the conditions established by Chapter 4 of this Law.;

19) pay monetary compensation for the requisitioned property in the cases and under the conditions established by Chapter 4 of this Law.;

20) pay compensation in case of alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs on the terms established by Chapter 6 of this Law;

21) adopt a resolution on the commencement of compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs or on the termination of compulsory alienation for state needs;

22) conclude an agreement on the alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs (hereinafter referred to as the agreement on the alienation of a land plot for state needs);

23) ensure control over the use and safety of regional communal property;

24) organize accounting of regional communal property, ensure its effective use;

25) carry out the privatization of regional communal property, as well as enterprises as a property complex, including involving an intermediary to organize the privatization process, ensure the evaluation of the privatisation object, prepare and conclude purchase and sale agreements for the privatisation object and monitor compliance with the terms of purchase and sale agreements;

26) provide regional communal property for property lease (lease), trust management to individuals and non-governmental legal entities without the right to subsequent redemption or with the right to subsequent transfer ownership to small businesses on a gratuitous basis;

27) monitor the fulfillment by the trustee of obligations under the trust management agreement for regional communal property;

28) exercise other powers assigned to them by this Law and other legislation of the Republic of Kazakhstan.

The footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 04.12.2015 No. 435-V (effective from 01.01.2016); dated 21.01.2019 No. 217-VI (effective after ten calendar days after the date of its first official publication); dated 02.01.2021 No. 399-VI (effective after ten calendar days after the day of its first official publication).

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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