Article 74. The contract of property lease of state property The Law on State Property

Home / RLA / Article 74. The contract of property lease of state property The Law on State Property

1. The provisions of the Civil Code of the Republic of Kazakhstan with the specifics established by this Article, paragraph 4 of Article 114, Article 120 of this Law shall apply to the contract of property lease (lease) of state property.

2. The object of property rental (lease) of state property may be movable and immovable property (things).

3. The republican property is transferred to the property lease (lease) by the authorized body for the management of state property (the landlord (lessor) of the republican property), with the exception of sports and recreation facilities and sports facilities of state organizations of secondary education.

RCPI's note!

This version of the second part of paragraph 3 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 and For less than one person, 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).

Communal property is transferred to a property lease (lease) by a local executive body or, in agreement with a meeting of the local community, the office of the akim of a city of regional significance, village, settlement, rural district (landlord of communal property), with the exception of sports and recreation facilities and sports facilities of state organizations of secondary education. Unless otherwise established by this Law or other laws of the Republic of Kazakhstan, the transfer of state property for property lease (lease) is carried out in accordance with the procedure determined by the central authorized body for state planning.

State organizations of secondary education provide physical culture, recreation and sports facilities for property rent (lease) in accordance with the procedure determined by the authorized body in the field of education.

4. Employers (tenants) of state property are individuals and non-governmental legal entities, unless otherwise provided by the laws of the Republic of Kazakhstan.

The right to use State property may be transferred as a contribution to the authorized capital of legal entities with state participation.

5. The terms of the contract of property lease (lease) of state property are determined by a standard contract approved by the authorized body for state planning, subject to the restrictions defined by this Law.

6. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2014 No. 225-V (effective ten calendar days after the date of its first official publication).

7. A contract for the rental (lease) of state property may provide for the condition of alienation of state property transferred to the tenant (tenant) in cases directly provided for in Articles 120 of this Law and other laws of the Republic of Kazakhstan.

8. Modification and termination of the contract of property lease (lease) of state property are carried out according to the rules of Articles 401 - 404, 556 of the Civil Code of the Republic of Kazakhstan.

The use of state property transferred under a property lease agreement for other than its intended purpose is a material violation of the agreement and grounds for termination of the agreement according to the rules provided for by the Civil Code of the Republic of Kazakhstan.

9. The cost of inseparable improvements to state property made by the tenant (lessee) with the consent of the lessor (lessor) is compensated from the relevant budget in accordance with the budget legislation of the Republic of Kazakhstan.

10. The specifics of concluding a contract for the provision of state-owned historical and cultural monuments to individuals and legal entities are determined by the Law of the Republic of Kazakhstan "On the Protection and Use of Historical and Cultural Heritage Sites".

A contract for the provision of historical and cultural monuments of international and national significance, which are republican property, is concluded between the authorized body for state property and an individual or legal entity in coordination with the authorized body for the protection and use of historical and cultural heritage sites.

A contract for the provision of historical and cultural monuments of international and national significance, which are communal property, is concluded between the local executive body of the region, the city of republican significance, the capital and an individual or legal entity in coordination with the authorized body for the protection and use of historical and cultural heritage sites.

A contract for the provision of historical and cultural monuments of local significance, which are republican property, is concluded between the authorized body for state property and an individual or legal entity in coordination with the authorized body for the protection and use of historical and cultural heritage sites.

A contract for the provision of historical and cultural monuments of local significance, which are communal property, is concluded between the local executive body of the region, the city of republican significance, the capital and an individual or legal entity.

The contract is considered terminated if, by a court decision, the person who uses the historical and cultural monument is deprived of the right to use it if the historical and cultural monument is threatened with destruction or damage.

11. State property may be provided for property lease (lease) without the right of redemption on preferential terms to social entrepreneurship entities in accordance with the procedure determined by the central authorized body for state planning.

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

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