Comment to article 205. The right of the owner to seize and redistribute property transferred to the operational management of the Civil Code of the Republic of Kazakhstan
The wording of the commented article provides for the possibility of seizing property from the enterprise by decision of the owner. In accordance with this, it should be assumed that the owner himself or in the person of authorized bodies can seize any property of a state-owned enterprise (institution) fixed on its balance sheet, unless this contradicts legislative acts. Withdrawal takes place on the basis of a decision (resolution, order, letter, prescription, etc.) of the relevant owner (person authorized by him) from the moment the decision is made, unless otherwise provided by the said decision.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
