On ratification of the Agreement on Mutual Recognition of Rights and Regulation of Property Relations
Decree of the President of the Republic of Kazakhstan dated January 24, 1996 No. 2815
I DECREE:
1. To ratify the Agreement on Mutual Recognition of Rights and Regulation of Property Relations, signed in Bishkek on October 9, 1992.
2. This Decree comes into force from the date of publication.
President of the Republic of Kazakhstan
Agreement on Mutual Recognition of Rights and Regulation of Property Relations (October 9, 1992, Bishkek)
shall enter into force on the date of its signature, and for the participating States The Commonwealth, whose legislation requires the ratification of such agreements, from the date of delivery of the instruments of ratification to the depositary State.
Signed: Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan
Joined:
Turkmenistan - July 4, 1994; Georgia - February 10, 1995;
The instruments of ratification have been handed over:
Republic of Armenia - deposited on May 24, 1994; Republic of Moldova - deposited on October 25, 1994; Republic of Kazakhstan - deposited on December 30, 1997; Kyrgyz Republic - deposited on April 23, 1999;
Notifications have been submitted:
The Republic of Tajikistan - deposited on July 28, 1994; the Republic of Uzbekistan - deposited on January 25, 1995; Georgia - deposited on June 7, 1995; Turkmenistan - deposited on March 26, 1997; the Republic of Belarus - deposited on April 25, 1997; the Russian Federation - deposited on December 31, 2004 (domestic procedures are being carried out).
The Agreement entered into force on the date of signing.
Entered into force for the States:
Republic of Tajikistan - October 9, 1992 (from the date of signing); Republic of Uzbekistan - October 9, 1992 (from the date of signing); Republic of Belarus - October 9, 1992 (from the date of signing); Republic of Armenia - May 24, 1994; Republic of Moldova - October 25, 1994; Georgia - June 7, 1995 Turkmenistan - March 26, 1997; the Republic of Kazakhstan - December 30, 1997; the Kyrgyz Republic - April 23, 1999.
Notified:
The Russian Federation - on December 24, 1993 (on its readiness to apply the Agreement before its ratification). The States Parties to this Agreement, hereinafter referred to as the Parties,
Aware of the need to create legal norms that prevent mutual claims and guarantee the protection of the property rights of the Parties, their citizens and legal entities,
Affirming the need to regulate property rights as a basis for establishing full-fledged interstate relations,
in order to create conditions for the effective development of production and the preservation of unified technological complexes,
have agreed on the following:
Article 1. The Parties mutually recognize the transfer into their ownership of property, including financial resources, enterprises, institutions, organizations of their structural units and subdivisions of the former Union subordination located in the territories of the Parties, carried out in accordance with their national legislation.
Article 2. Each of the Parties recognizes the property rights of the other Party, its citizens and legal entities in relation to enterprises, institutions, organizations and other facilities located on its territory (branches, shares, units, shares and other property), which were on December 1, 1990 under the jurisdiction of the state authorities of other former Soviet republics within the Union SSR, as well as those owned by other legal entities and individuals, with the exception of facilities built to eliminate the consequences of force majeure.
Article 3. Ownership rights to land and other natural resources are regulated by the legislation of the Party on whose territory the objects of ownership are located, unless otherwise provided by other agreements of the Parties.
Article 4. The Parties mutually recognize that the facilities (or corresponding shares of participation) of the social sphere located on their territory are sanatoriums, sanatoriums, houses and recreation centers, boarding houses, hotels and campsites, tourist bases, children's health facilities, the construction of which was carried out at the expense of the republican budgets of the other Parties, as well as funds from enterprises and organizations of republican and former Union subordination located on the territories of other parties are the property of these Parties or their legal entities and individuals.
Other social facilities may be the subject of this Agreement by mutual agreement of the Parties.
The Parties consider it advisable to provide land plots on their territory for use, possession and disposal for both existing and newly created social facilities to other Parties, their legal entities and individuals. The provision of land plots to the other Party, as well as payment for their use, is carried out on a general basis determined by the legislation of the Party to the location of the facility.
Article 5. The regulation of property issues of the Armed Forces, border, internal and railway troops, as well as passenger and transport vessels of the former Ministry of the Navy is carried out by special agreements between the Parties.
Article 6. Each Party has the right to sell, exchange, pledge, lease, transfer its property free of charge or on a contractual basis to another Party, its individuals and legal entities.
The implementation of the provisions of this Article is carried out by the state administration bodies authorized to dispose of the state property of each of the Parties, in accordance with the legislation of the Party of the location of the property, unless otherwise provided by other agreements of the Parties.
Article 7. The Parties have agreed to promote the preservation of previously established enterprises, organizations and companies with shared or joint ownership of the Parties, including joint-stock companies.
If the founder of such enterprises, organizations and companies, whose property is located on the territory of the Parties, was a ministry, department of the former USSR or enterprises of the former Union subordination, their constituent documents are subject to clarification by bodies authorized to manage state property in accordance with the legislation of the Party of the location of the enterprise, organizations and companies specified in the first part of this article.
Article 8. The Parties will establish, by a joint decision of the bodies authorized to dispose of state property, enterprises with shared and joint ownership, including on the basis of enterprises, organizations and institutions of the former Union subordination and their structural divisions located in the territories of the Parties.
The procedure for the establishment and operation of these enterprises is regulated by the legislation of the Party in whose territory they are established, unless otherwise provided by other agreements of the Parties.
Article 9. The Parties have agreed that facilities under construction located on their territory and previously financed by the authorities of the former Soviet Union, upon the decision of the Party to the location of the facility, may be transferred to the shared and joint ownership of the Party to the location of the facility and other Parties, their legal entities, who have undertaken obligations to complete the work with the creation of these facilities on the basis of the property joint ventures. The decision on this issue is made by the bodies of the Parties authorized to dispose of state property.
Article 10. The Parties will ensure the unhindered transfer, after payment of taxes and fees provided for by the legislation of the Party, of the location of the enterprise, organization, institution, legally obtained income and payments in connection with the activities of joint ventures and enterprises owned by other Parties, their legal entities and individuals.
Article 11. The privatization of facilities owned by one of the parties and located on the territory of the other Party is carried out by decision of the owner. The procedure and conditions of privatization are determined by an agreement between the authorities of the Parties authorized to dispose of state property.
Article 12. The Parties agreed that the legal status of previously established enterprises, recognized on the basis of this Agreement as the property of one Party and located on the territory of the other Party, is determined by protocols between the bodies of the Parties authorized to dispose of state property.
Article 13. Activities of enterprises, institutions, organizations and other facilities listed in the article 2 of this Agreement, shall be governed in accordance with the laws of the Parties in whose territory they are located, unless otherwise provided by other agreements of the Parties.
Article 14. The Parties recognize that property rights in the facilities of centralized services established within the framework of the Commonwealth of Independent States are regulated by special agreements of the Parties.
Article 15. The property of the Parties, their legal entities and individuals enjoys full and unconditional legal protection provided by the Party in whose territory it is located. This property may not be forcibly seized, except in exceptional cases provided for by legislative acts.
In case of compulsory seizure of the said property, the State pays compensation to its owner, corresponding to the actual value of the seized property, within the time limits established by the legislation of the Party of its location.
Article 15. The property of the Parties, their legal entities and individuals enjoys full and unconditional legal protection provided by the Party in whose territory it is located. This property may not be forcibly seized, except in exceptional cases provided for by legislative acts.
In case of compulsory seizure of the said property, the State pays compensation to its owner, corresponding to the actual value of the seized property, within the time limits established by the legislation of the Party of its location.
Article 16. The Parties recognize that their legal entities and individuals making investments are considered as foreign investors in each other's territory. Their activities on the territory of each of the Parties are carried out in accordance with its legislation on foreign investment and international agreements in which the Contracting Parties participate.
Article 17. Disputes between the Parties regarding the interpretation and application of the provisions of this Agreement will be resolved through mutual consultations and negotiations at various levels. If the dispute cannot be settled in this way, then at the request of one of the Parties, it is referred to the decision of the Economic Court of the Commonwealth of Independent States.
Article 18. By mutual agreement, the Parties may make necessary additions and amendments to this Agreement, which are formalized in the relevant protocols and are an integral part of this Agreement.
Article 19. This Agreement shall enter into force from the date of its signature, and for the member States of the Commonwealth, whose legislation requires the ratification of such agreements, from the date of deposit of instruments of ratification to the depositary State.
Done in Bishkek on October 9, 1992, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Republic of Belarus, which will send a certified copy to the signatory States of this Agreement.
Republic of Armenia
Republic of Belarus
Republic of Kazakhstan
The Republic of Kyrgyzstan
Republic of Moldova
Russian Federation
Republic of Tajikistan
Republic of Uzbekistan
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