Commentary to article 192. The right of state ownership of the Civil Code of the Republic of Kazakhstan
The Republic of Kazakhstan is a subject of republican state ownership.
The subject of communal state ownership is an administrative-territorial unit.
Any property may be an object of the right of state ownership.
Objects of exclusive state ownership are listed in art. 193 of the Civil Code.
The division of state property into republican and communal is carried out by the Government of the Republic of Kazakhstan. Accordingly, the issues of transferring state property from one type of ownership to another are also resolved by the Government or its authorized body.
The funds of the republican treasury are under the jurisdiction of the Ministry of Finance of the Republic of Kazakhstan, which manages them on behalf of the state.
Other state property that is not assigned to republican state legal entities is under the jurisdiction of the authorized body of the state.
The funds of the local treasury are under the jurisdiction of the local authorities of the Ministry of Finance of the Republic of Kazakhstan, which manage them on behalf of the administrative-territorial unit.
Other state property that is not assigned to communal state legal entities is under the jurisdiction of local authorities of the Ministry of Finance or another local authorized body of the State.
Paragraph 4 of the commented article refers to the consolidation of state property on the independent balance sheet of a state-owned legal entity. In this sense, State-owned property cannot be assigned to State-owned legal entities except by the right of economic management or the right of operational management.
At the same time, it should be borne in mind that state property can be transferred to an enterprise not on the grounds indicated above, but on the right of lease, use or other legal grounds. For example, land plots are assigned to state-owned enterprises on the right of permanent land use.
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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.
