Article 18. Competence of local executive bodies of districts and cities of regional significance The Law on State Property

Home / RLA / Article 18. Competence of local executive bodies of districts and cities of regional significance The Law on State Property

Local executive bodies of districts and cities of regional significance:

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

1-1) maintains a database on the accounting and further use of confiscated property that has been converted (received) into communal ownership;

2) manage the district communal property, unless otherwise provided by the laws of the Republic of Kazakhstan, and take measures to protect it;

3) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

 4) make a decision on the privatization of district 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) provide district communal property for property lease (lease), trust management to individuals and non-governmental legal entities without the right of subsequent redemption or with the right of subsequent transfer to ownership of small businesses on a gratuitous basis, unless otherwise provided by the laws of the Republic of Kazakhstan;

7) make decisions on the creation, reorganization and liquidation of district 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;

8) approve the charter (regulations) of district communal legal entities, amend and supplement it, or authorize an executive body funded from the local budget authorized to dispose of district communal property.;

9) determine priority areas of activity and mandatory amounts of work (services) financed from the budget, municipal state enterprises established by local executive bodies of districts, cities of regional significance, unless otherwise provided by the laws of the Republic of Kazakhstan;

10) ensure control over the use and safety of the district communal property;

11) review, coordinate, in the cases provided for by this Law, and approve development plans for municipal state-owned enterprises established by local executive bodies of districts and cities of regional significance, and reports on their implementation;

12) monitor and analyze the implementation of development plans for municipal state-owned enterprises established by local executive bodies of districts, cities of regional significance, state-controlled joint-stock companies and limited liability partnerships;

13) assign district communal property to district communal legal entities;

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

15) make decisions on the transfer of district 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;

16) make decisions on the use of district communal property, including its transfer as collateral, property lease (lease), gratuitous use and trust management, unless otherwise provided by the laws of the Republic of Kazakhstan;

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

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

19) 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;

20) adopt resolutions 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 of a land plot for state needs;

21) conclude an agreement on the alienation of a land plot for state needs;

22) organize the accounting, storage, evaluation and further use of district communal property that has been converted (received) into communal ownership, recognized as ownerless in accordance with the procedure established by the legislation of the Republic of Kazakhstan, transferred to the state by inheritance, as well as extortionate property, finds, neglected animals transferred free of charge in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to communal ownership, shares of treasures that do not contain items related to cultural values;

23) exercise control over the fulfillment by the trustee of obligations under the trust management agreement for district communal property;

24) carry out the privatization of district 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 contracts for the sale of the privatisation object and monitor compliance with the terms of the contracts of sale;

24-1) is excluded by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 90-VI (for the procedure of entry into force, see paragraphs 1) paragraph 1 of art.2);

24-2) 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.;

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

The footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 101-V (effective after ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 02.11.2015 No. 387-V (effective upon the expiration of ten calendar days after the date of its first official publication); dated 04.12.2015 No. 435-V (effective from 01.01.2016); dated 11.07.2017 No. 90-VI (for the procedure of entry into force, see paragraph 1) paragraph 1 of art. 2); dated 21.01.2019 No. 217-VI (effective after ten calendar days after the date of its first official publication); dated 13.05.2020 No. 325-VI (effective after six months 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).

RCPI's note!

Chapter 2 was supplemented by Article 18-1 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 people is introduced from 01.01.2020).

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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