Article 93. Subjects of alienation of state property The Law on State Property

Home / RLA / Article 93. Subjects of alienation of state property The Law on State Property

 1. The subjects of the alienation of state property are the seller (the person making the alienation of property) and the buyer (the acquirer).

RCPI's note!

This version of paragraph 2 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).

2. The seller (the person making the alienation of property) is an authorized body for state property or a local executive body or the office of the akim of a city of district significance, village, settlement, rural district, or, by decision of the Government of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan in respect of state property located outside the Republic of Kazakhstan and assigned to the bodies of the diplomatic service for the border.

3. The buyer (acquirer) is an individual or a non-governmental legal entity acquiring property in the process of alienating state property, with the exception of the case provided for in paragraph 4-1 of this article.

With the participation of several persons on the buyer's (acquirer's) side, they act in solidarity.

4. Buyers (purchasers) in the case of alienation of state property may not be legal entities that, in accordance with the laws of the Republic of Kazakhstan or constituent documents, are not entitled to engage in those types of activities, the implementation of which is a condition for the sale (alienation) of the object of alienation of state property.

4-1. Buyers (purchasers) of state-owned blocks of shares (stakes in the authorized capital) in joint-stock companies (limited liability partnerships) may not be quasi-public sector entities with direct state participation and their subsidiaries, as well as other legal entities affiliated with them, except for privatization through trading on the stock exchange.

5. The seller (the person making the alienation of property) has the right to involve an intermediary to organize the process of alienation on the stock exchange and state property located abroad.

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.

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