ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 24, 2019 No. 67

About introduction of amendments to orders of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 211 "About approval of the standard agreement of property hiring (lease) of state-owned property" and of March 17, 2015 No. 212 "About approval of Rules of transfer of state-owned property to property employment (lease)"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 211 "About approval of the standard agreement of property hiring (lease) of state-owned property" (it is registered in the Register of state registration of regulatory legal acts No. 10479, it is published on March 27, 2015 in information system of law of Ad_let) the following changes:

in the Standard agreement of property hiring (lease) of state-owned property approved by the specified order:

5) of Item 9 to state the subitem in the following edition:

"5) within three working days after approval of the delivery-acceptance certificate of object to provide inclusion of data under this agreement in the register of state-owned property (further - the register).";

state Item 10 in the following edition:

"10. The employer shall:

1) to bring monthly the rent, and also other lease payments (penalties, penalty fee) not later ________________________________;

(terms of introduction of the rent)

To bring 2) in the payment order or the receipt on payment of lease payment the following data in the field "purpose of payment":

individual identification number or business and identification number of the employer;

the identifier of the agreement of property hiring (lease) appropriated by the web portal of the register;

3) to make on the web portal of the register reconciliation of agreement settlements within five working days after introduction of the rent (penalties, penalty fee);

4) to use the accepted object only for the purpose of, provided by the agreement;

5) to contain object as appropriate, not to make the actions capable to cause damage of object or the engineering communications located in it;

6) to support object in good repair, to make at own expense running repair and to incur expenses on content of property, and also to make capital repairs in the terms coordinated by the parties;

7) in case of failure of separate elements of object, the engineering equipment, both because of the employer, and owing to natural wear to perform repair work at own expense;

8) not to perform without preliminary written permission of the lessor re-planning or re-equipment of object, the networks and communications located in it;

Freely to allow 9) on object and the parcel of land on which there is object, the representatives of the lessor, services of sanitary and epidemiological surveillance and other state bodies controlling observance of the regulations concerning procedure for use and operation of object in the terms established by them to eliminate the fixed violations;

10) not to pledge the rights under the agreement, not to bring them as contribution to the authorized capital of economic partnerships, joint-stock companies or fee to production cooperative;

11) no later than ten working days till date of completion of this agreement on the web portal of the register electronically to submit the application for prolongation of the duration of the agreement. Lack of that statement gives the grounds to the lessor to transfer object to property employment (lease) to other legal entities or physical persons;

12) in case of termination or the expiration of the agreement to provide return of object within ten calendar days to the asset holder under the delivery-acceptance certificate signed by the employer and the asset holder and approved by the lessor;

13) in case of reduction of object in the condition unsuitable for use because of the employer to carry out recovery work at the expense of own means;

14) to indemnify loss in case of return of object in non-working or unsatisfactory technical condition (with the depreciation exceeding normative indicators).";

state Item 14 in the following edition:

"14. The amount of the rent on the real estate transferred to property hiring (lease) without carrying out the tender is reviewed upon the demand of the lessor in case of change of base rate of the rent and the sizes of the applied coefficients.

Calculation of the rent for the real estate transferred to property hiring (lease) by carrying out the tender is reviewed upon the demand of the lessor if the amount of the rent offered by the employer on the tender is less than the size of rent, is carried out according to Item 49 of the Rules of transfer of state-owned property to property employment approved by the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 212 (it is registered in the Register of state registration of regulatory legal acts for No. 10467).

In case of change of the amount of the rent the lessor notifies the employer no later than thirty calendar days to the next term of introduction of the rent.".

2. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 212 "About approval of Rules of transfer of state-owned property to property employment (lease)" (it is registered in the Register of state registration of regulatory legal acts for No. 10467, it is published on April 3, 2015 in information system of law of Ad_let) the following change:

The rules of transfer of state-owned property to property employment (lease) approved by the specified order to state in edition according to appendix to this order.

3. To provide to department of policy of management of the state assets in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item of the order.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of national economy of the Republic of Kazakhstan of July 24, 2019 No. 67

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