Statuteon the State Property and Privatization Committee at the Ministry of Finance of the Republic of Kazakhstan

1. General Provisions

1. The State Property and Privatisation Committee at the Ministry of Finance of the Republic of Kazakhstan (further – Committee) is an institution of the Ministry of Finance of the Republic of Kazakhstan performing within its competence implementation and regulatory functions in the sphere of the Republican property objects management, privatization and state property monitoring in the economic sectors of strategic importance.The major tasks of the Committee are:Implementation of state policy on the Republican property objects management and privatization;Exercise the property rights with regard to the Republican property;Control over intended and efficient use of Republican property in the procedure established by the legislation;Privatisation of the Republican property objects and control over adherence to the terms of Republican Property Sale and Purchase Agreement;State monitoring of property in the economic sectors of strategic importance;2. The Committee has its own territorial bodies:territorial state property and privatization committees, regional state property and privatization committees.3. The Committee shall carry out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, Acts of the President and the Government of the Republic of Kazakhstan, other normative legal acts and this Statute.4. The Committee is a legal entity in legal organizational form of a public institution. It shall have seals and stamps with its own name in the State language and standard forms, and accounts in the Treasury bodies of the Ministry of Finance according to the legislation. The Committee shall enter into civil law relations in its own name. The Committee shall be entitled to act as a party of civil law relations on behalf of the State when it is authorized to it in accordance with the legislation.5. The Committee within its competence shall issue regulatory legal acts and legal acts of individual application in the procedure established by the legislation.6. The Committee’s structure and staff number limit are approved by the Government of the Republic of Kazakhstan. 7. The legal address of the Committee is: 33 Pobeda av., Astana 473000.8. The full name of the Committee is a public institution “State Property and Privatisation Committee at the Ministry of Finance of the Republic of Kazakhstan”.9. This Statute shall be a constituent document of the Committee.10. The Committee’s activities shall be financed only from the Republican budget.If the Committee is entitled to carry out revenue-producing activities under the legal acts, then the revenue resulted from such activities shall be transferred to the Republican budget.

2. Functions and Rights of the Committee

11. The Committee, in the procedure established by the legislation, performs:1) Functions providing implementation of state policy in the area of the Republican property objects management and privatisation:holder of a right on the Republican property (authorized agency) with regard to Republican state enterprises;provision of participation of the Committee and government bodies representatives in bodies of nongovernmental legal entities with state participation;organization and provision of the Committee’s activities on the Republican property objects privatisation;organization of presale preparation of the Republican property objects;identifying the types and methods of the Republican property objects privatisation;organization and bidding on the Republican property objects privatization, preparation and conclusion of the Republican property objects sale and purchase agreements;coordination on release, acceptance and disposals of plant assets assigned to the Republican state legal entities;approval of statutes, separation and liquidation balance sheets, as well as assignment deeds during reorganization and liquidation of Republican state enterprises;analysis and generalizing of practice in legislation application regarding the Republican property objects management and privatisation; representation of state’s interests in the Republican property and protection of its property rights.2) Regulatory functions: organization and holding of use efficiency audits on property assigned, on the basis of economic control and day-to-day management rights, to the Republican state legal entities;organization and monitoring the leasing of property assigned to the Republican state legal entities;organization and monitoring the management efficiency of the Republican property objects and objects in which the state has a share in property;organization and state monitoring of property in the economic sectors of strategic importance and coordination of monitoring persons and participants’ activities; maintenance of single database on state property monitoring and afford the government bodies access to it;organization and control over management efficiency of state-owned shareholdings and state shares of participation transferred into possession and use to the government bodies;control over fulfilment of obligations by buyers in accordance with the Republican property objects sale and purchase agreements, and fulfilment of other contract obligations;control over, including, holding hearings for trust managers (concessionaires) regarding their fulfilment of obligations in accordance with the Republican property objects trust (concession) agreements;efficiency analysis of the Republican state enterprises and nongovernmental legal entities with state participation.12. The Committee is entitled to:possess, use and dispose of the Republican property objects;control over use by government bodies and institutions within their jurisdiction the Republican property transferred to them under the legislation;submit proposals regarding creation, reorganization and liquidation of organizations with state participation;participate and/or provide participation of government bodies representatives in activities of bodies of nongovernmental legal entities with state participation;issue regulatory legal acts regarding possession, use and disposal of the Republican property and state property monitoring in the economic sectors of strategic importance, analysis and control over the Republican property objects management;work out and review draft regulatory legal acts governing possession, use and disposal of the Republican property and state property monitoring in the economic sectors of strategic importance, analysis and control over the Republican property objects management;request and receive from central and local executive and representative bodies, legal entities with state participation accounting material and other documentation, as well as financial and other information related to the Republican property use;bidding on the Republican property privatisation under the legislation;enter into the Republican property objects’ sale and purchase, creation of mortgage, trust and leasing agreements with individuals and legal entities;verify fulfilment of obligations under the sale and purchase, property lease, trust agreements; state monitoring of property in the economic sectors of strategic importance, monitoring of efficiency management for the Republican property objects and objects, in which the state has a share in property;provide methodological support and coordinate state property monitoring work;work out plans and programs of state property monitoring and prepare a list of objects in the economic sectors of strategic importance which are monitored by the state;request and receive from both central and local executive bodies of the Republic of Kazakhstan, and monitoring objects the documentation and details required for state property monitoring;organize and conduct government procurement of independent experts, auditors and consultants services; represent the state’s interests in courts of the Republic of Kazakhstan regarding possession, use and disposal of the Republican property;submit to investigative authorities evidence of identified infringements, Republican property misappropriation and other law infringements related to its use.

3. Committee’s Property

13. The Committee holds, subject to the right of day-to-day management, separate property.14. The property assigned to the Committee shall be attributed to the Republican property.15. The Committee has no right to alienate at its option or otherwise dispose of the property assigned to it The Committee may be entitled to dispose of the property as and to the extent provided for by the legislation.

4. Organization of the Committee’s Activities

16. The Committee is headed by a Chairperson appointed and dismissed by the Government of the Republic of Kazakhstan on presentation of the Minister of Finance of the Republic of Kazakhstan. The Committee’s Chairperson has deputies appointed and dismissed by the Minister of Finance on presentation of the Committee’s Chairperson. The heads of territorial bodies in oblasts, Astana and Almaty are appointed and dismissed by the Minister of Finance on presentation of the Committee’s Chairperson. 17. The Chairperson organizes and supervises over the Committee’s activities and is personally responsible for fulfilment of tasks assigned to the Committee and performance of its functions.18. For these purposes, the Chairperson:determines the duties and terms of reference of its deputies and heads of the Committee’s structural subdivisions;according to the legislation and employee post nomenclature approved by the Minister of Finance of the Republic of Kazakhstan appoints and dismisses the employees of the Committee and territorial bodies;in the procedure established by the legislation, imposes disciplinary sanctions on the employees of the Committee;signs the Committee’s orders;approves statutes on structural subdivisions of the Committee and its territorial bodies;approves with the concurrence of the Minister of Finance of the Republic of Kazakhstan a staffing list within the structure and staff number limit approved by the Government of the Republic of Kazakhstan;represents the Committee in all public bodies and other organizations according to the legislation;exercises other powers according to the legislation. 19. In the absence of the Chairperson, one of its deputies coordinating the Committee’s activities and fulfilling other duties that are incumbent on him by the Chairperson shall execute its functions.

Дата добавления: 2015-11-16