Comments on article 493. Property used for the purpose of exercising sovereign power of the Civil Procedure Code of the Republic of Kazakhstan
It is not considered as property used and (or) intended for use by a foreign state for purposes other than the exercise of the sovereign power of the State (subparagraph 3) of Article 492 of this Code), in particular, the following property of a foreign state:
1) property (including money held in a bank account) used or intended to perform the functions of diplomatic missions of a foreign state or its consular offices, special missions, representations to international organizations, delegations of a foreign state to the bodies of international organizations or at international conferences;
2) military property and (or) used in peacekeeping operations recognized by the Republic of Kazakhstan; 3) cultural property or archival documents not offered for sale or not intended for sale. By virtue of article 21 of the United Nations Convention on Jurisdictional Immunities of States and Their Property (New York, December 2, 2004), State property is not considered as property directly used or intended for use by the State for purposes other than State non-commercial purposes, in accordance with paragraph (c) of article 19:
a) property, including any bank account, used or intended for use in the performance of the functions of a diplomatic mission of a State or its consular offices, special missions, representations to international organizations or delegations to bodies of international organizations or to international conferences;
(b) Property of a military nature or used or intended for use in the performance of military functions; (c) Property of the central bank or other financial authority of the State;
(d) Property that is part of the cultural heritage of the State or part of its archives and is not on display or intended for sale;
e) property that forms part of an exhibition of objects of scientific, cultural or historical interest and is not on display or intended for sale.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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