3. The right of business ownership in respect of any assets shall terminate in accordance with the procedure provided in the legislation for the termination of the right to own and also in the cases of legal reservation of the assets from enterprises in accordance with the decisions of the owners.
Article 199. The right of the owner in respect of the assets which are in business authority
The owner of the assets which are in business authority in accordance with the legislative acts shall reserve the issues of creative enterprise determining the objects and purposes of its, activity, reorganization and liquidation shall exercise the control over the use in accordance with a designation and safety the assets which belong to the enterprise. The owner shall have the right to receive part of profit from the use of the assets which are under the business authority of the enterprise created by him.
Article 200. The conditions for exercising property rights of a state enterprise
A state owned enterprise which carries out activities under the rights to business authority shall not have the right without the consent of the owner or a state body authorized by the owner to commit the following types of entrepreneurial activity:
to sell or transfer. to any other persons exchange long term lease (longer than 3 years) transfer for temporary use the structures, equipment and any other fixed assets of the enterprise which belong to it;
create affiliates and subsidiaries established in contraction with private entrepreneurs of enterprises and joint productions invest in them its productive and monetary assets;
grant to private entrepreneurs loans with the payments of interests below the credit interest rate which is established by the National Bank.
A state own enterprise shall independently manage the movable assets which are entrusted to it under the right to business authority unless otherwise is provided in the legislation.
Article 201. The application of provisions concerning the right to own to the relations with the participation of the state enterprises
The provisions of the present Code concerning the right to own shall apply to property relations with the participation of the state enterprises unless otherwise follows from the present Code and any other legislative acts.
Chapter 10. The Right of Current Management
Article 202. The right of operational management the concept and contents of the right to operational management
The right to operational management shall be a material right of an institution which is finance of the expense of the resources of an owner and a public enterprise which recurred property from the owner and carry out within the limits established by the legislative acts in accordance with the purposes of their activities, tasks of the owner and designation of the assets the right to possess- use and dispose of those assets.
Article 203. The acquisition and cessation of the rights to operational management
The acquisition and cessation of the Rights to operational management shall be exercise on the conditions in the accordance with the procedure provided in Chapter 13 of the present Code unless otherwise is provided in legislation.
Article 204. The right of the owner of assets transferred into the operational management
The owner of the assets which are in operational management in accordance with the legislative acts shall resolve the issues of creating an institution (a public enterprise) determining the objects and items of its activities, exercise the right to determine the legal destiny of the institution (public enterprise) the contents of its activities. The owner shall exercise the controls or the efficiency of the use and (the safety of the institution) safety by the institution (public enterprise) in respect of the assets transferred to it by the owner. In the case where an institution is created by several owners the relations between themselves and the right of the owners to manage their assets shall be determined by the foundation agreement or similar agreement.
Article 205. The right of the owner to reserve and redistribute assets transferred into the organizational management
The owner of the assets entrusted to an institution (a public enterprise) shall have the right to reserve their assets or redistribute them between any other legal entities created by himself at his discretion unless otherwise is provided in the legislative acts.
Article 206. The disposal of the assets of an institution (a public enterprise)
1. An institution shall not have the right to alienate or in any other way dispose of the assets which are entrusted to it and the assets which are required at the expense of the resources appropriated to It in accordance with the budget. If in accordance with the foundation documents an institution is granted the right to carry out activities which bring benefits them the income received from such activities and the acquisition at the expense of such income of properties shall be transferred to independent possession of the institution and shall be accounted in a separate balance-sheet.
2. A public enterprise shall have the right to alienate or in any other way dispose of the assets entrusted to it only with the consent of the owner of those assets. A public enterprise shall independently sell production manufactured by its unless otherwise is provided in the legislation. The procedure for distributing income or a public enterprise shall be determined by the owner of its assets.
Article 207. Making a claim in respect of the assets transferred into operational management
1. The fine in respect of the assets which are in the operational Management of an institution (a public enterprise) shall be applicable in accordance with the legislation unless otherwise is provided by the present Code and the legislative acts.
2. Where an institution has income from business activities the imposition on the assets transferred by the owner and which is in the operational administration shall be applicable other the (imposition) application of imposition on the income received from the business activities and on the assets acquired at the expense of that income.
3. An institution and a public enterprise shall be responsible in respect of their liabilities with the assets and monetary resources which are at their disposal. When the monetary resources of an institution (a public enterprise) are in sufficient the responsibility in respect of their liability shall be borne by the owner of an institution (a public enterprise).
Article 208. The transfer of the right to own on to the property complex of an institution
When the right to own, its transferred by an institution of in respect of an institution is transferred to any other person that institution shall retain the right to operational management in respect of the assets that belong to it.
Chapter 11. Common Properties
Article 209. The concept and basis for the emergence of common property
1. Assets which are in the ownership of two or more persons shall belong to them under the right of joint ownership.
2. Assets may be in a joint ownership with the determination of the share of each of the owners in the right to own (shared ownership) or without the determination of such shares (common property).
3. Joint ownership in respect of any assets shall be shared except for the cases where the law provides the formation of common (joint) ownership in respect of any assets.
4. Joint ownership shall emerge when two or several types of assets which way not be divided without changing its designation (indivisible things) or are not subject to division by virtue of law come into the ownership of two several persons Joint ownership in respect of indivisible assets shall emerge in the cases which are provided in the legislative acts.
5. By the agreement of the participants and common property and in failure to reach the agreement upon the decision of the court in respect of joint assets there may be established shared ownership of their persons.
Article 210. Determining the shares in the right to shared property
1. Where the sizes of the shares of participants of shared property way not be established on the basis of the legislative acts or established by the agreements or participants the shares shall be deemed to be equal.
2. An agreement by an the participants in shared property may establish the procedure for determining or changing their shares in relation to the contributions of each of them into the formation and the increase of the joint property.
Article 211. The right of a participants in shared property which are associated with its improvement
1. A participant of shared property which carries out at his own expense in compliance with the established procedure for the use of joint assets his inseparable improvements shall the right to appropriate increase of his share in the right to the joint assets.
2. The divisible improvements is the joint property unless otherwise in provided in the agreements of the participants of the joint property shall become the ownership of the one of the participants who make them.
Article 212. Disposal of the assets which are in the shared ownership
1. In Disposal of the assets which are in the shared property shall be carried out by the agreement with the consent of all its participants.
2. Each participants of shared ownership shall have the right at his discretion to sell giver - the gift be quiz pledge his share or dispose of it in any other way in compliance with the conditions provided in Article 216 of the present Code.
Article 213. Ownership and use of the assets which are in the shared ownership
1. Possessing and using the assets which are in the shared. ownership shall be carried out with the consent of all its participants and in the case of a failure to reach the agreement in accordance with the procedure established by the Code.
2. Each participant of the shared property shall have the right to be granted for his ownership, for his possession and use of part of joint property which is equal to his share and where it is impossible shall have the right (to demand) to claim from any other participants which own use the assets to of appropriate compensation which is due in accordance with his share.
Article 214. The fruit, product and income from the use of the assets which are in shared ownership
Fruits, production and income from the use of the assets which are in the shared ownership shall become joint property (part of joint property). The subsequent distribution of the fruits. products and income shall be carried out between the participants of the shared ownership equal to their shares unless otherwise is provided in the agreement between them.
Article 215. Expenditures associated with the maintenance of the assets which are in shared ownership
Each participant of the shared ownership shall be obliged in proportion to his share to participate in the payment of taxes. levies and any other payments in respect of their joint assets in also in the casts of its maintenance and preservation.
Article 216. The preemptive right
1. When selling a share in the right to joint property outside person the other participants of the shared ownership shall have the preemptive right to purchase the share which is being sold at the price at which it is being sold and on other equal conditions except for the case the sale of public option. Public options for selling share in the right to joint property in the case where the consent for all the participants of a joint property do no exist may be carried out in the cases provided in part III Article 222 of the present Code and in any other cases provided in legislative acts.
2. The seller of a share shall be obliged to notify in writing or the other participants of the shared ownership concerning the intention to sell his share to an outside party with indication of the price and any other conditions on which he is selling it.
If any other participants of the joint ownership refuse to any or do not purchase the share which is sold in the right to own any immovable assets during one month and in respect of an), other assets within 10 days from the date of the notice the seller shall have the right to sell his share to any other person.
3. When selling a share with a violation of a preemptive right of purchase any other participants of the shared ownership shall have the right within 3 days to require through the court of the transferred to him or the rights or obligations of the buyer.
4. The assignment of the preemptive right to purchase a share shall not be permissible.
5. The rules of this Article shall apply also in the cases of a share in accordance with the exchange agreement.
Article 217. The moment of the transfer of a share in the right to joint ownership to the buyer in accordance with the agreement
The share in the right to joint ownership shall be transferred to the acquires in accordance with the agreement from the moment of concluding agreement unless the agreement of the party provides otherwise. The moment of the transfer of the share in the right to joint property in accordance with the agreement which is subject to the state registration or notary certification shall be established in accordance with paragraph 2 of Article 213 of the present Code.
Article 218. The division of property which is in shared ownership and appropriation of a share out of it
1. The assets which are in the shared ownership may be divided between its participants by the agreement between themselves.
2. The participants of joint ownership shall have the right to claim the appropriation of his share out of the joint property.
3. Where a participants of a shared assets fail to reach the agreement concerning the methods and conditions of dividing the joint assets or appropriation of a share of one of them out it the participants of the joint ownership shall have the right to claim the appropriation in kind of this share out of the joint assts. Where the appropriation of a share in kind is not permissible by law or possible without unreasonable damage to the assets which is in joint ownership the owner which is departing shall have the fight to be paid the value of his share by other participants of the joint property.
4. If the property which is appropriated in kind the participant of the shared ownership on the basis of this Article is not equal to his share in the right to own shall be liquidated by means of paying to him of an appropriate monetary amount or any other compensation. The payment to a participant- of joint ownership by any other owners of the compensation instead of appropriation of this share in kind shall be permissible with his consent in the cases where the share of relevant owner is insignificant can not be realistically appropriated and he does not have any substantial interest in the use of the joint assets the may even in the case of back of ownership to pay him a compensation.
5. With a receipt a compensation in accordance with paragraph 3 and 4 of this Article the owner shall lose the right to the share in the joint property.
6. Where the inexpedience of the division of the common property or the appropriation of a share out of it in accordance with the rules outlined in paragraphs 3 to 5 of this Article are obvious the court shall have the right to adopt the decision to sell the property through a public auction with the subsequent distribution of the received amount between the participants of the common ownership commensurate to their shares.
Article 219. Joint common property
The joint common property shall exist in the following forms:
joint property of spouses;
joint property of peasants (farmers), form;
joint ownership of privatized housing (apartment).
The legislative acts may provide any other types of joint common property. Joint common ownership shall be established and exist of the agreement between its participants does not provide otherwise.
Article 220. Possessing, using and disposing of the assets which are in the joint ownership
1. The participants of common ownership unless otherwise is provided in agreement by themselves shall collectively possess and use joint common property.
2. The disposal of the assets which are in the common ownership shall be exercised with the consent of all the participants which resumed independently from the one who of the participant committed the transaction in respect of disposing of the asset.
3. Each of the participants of common ownership shall have the right to commit transactions in respect of disposing of common assets unless otherwise is provided in the agreement of all the participants.
A transaction which is committed by one of the participants of common ownership which is related to the disposal of common assets may be recognized as invalid by demand of the other participants in accordance with the motifs the back in the participants who committed the transaction of the necessary authorities only in the case where it is proved that the other party in the transaction knew or deliberately must have known of it.
4. Paragraph 1, 2, 3 of this Article shall be applicable unless otherwise is provided by the present Code or any other legislative acts in respect of certain types of common property..
Article 221. Division of assets which are in common ownership and appropriation of a share out of it
1. The division of common assets between the participants in joint ownership and also the appropriation of the share of each of the participants in the right to common property.
2. When dividing common assets or appropriating a share out of them unless otherwise is provided in the law or agreement by the participants their shares shall be recognized as equal.
3. The basis and the procedure for the division of joint assets and appropriation out of it of a share may be determined in accordance with the rules of Article 218 of the present Code so long unless otherwise is provided by the present Code certain types of common property or by any other legislative acts and does not follow from the essence or relations of the participants in common property.
Article 222. Imposition of a claim on a share in joint property
A credit of a participant in common or joint property in the case of insufficiency of the latter assets shall have the right to impose a claim to be appropriated the share on the data in the joint property for the imposition of a penalty upon it.
Where is such cases the appropriation of a share in kind is impossible or other participants object to it other participants in the shared or common property object to it, the creditor shall have the right to require the sale by the debtor of his share to other participants of the joint property at the price which is commensurate with the market value of that share with the imposition with the use of the resources from the sale to repay the det.
In the cases of a rejection of other participants of joint ownership of the acquisition of the share of the debtor the creditor shall have the right to demand through court of the imposition of the penalty upon the share of the debtor in the right to joint property by way of selling that share through public auction.
Article 223. Joint property of spouses
1. Assets which are accumulated by the spouses during their marriage shall be the common property unless in agreement between themselves provides that those assets are joint property of the spouses or belong to one or an relevant parts to each of the spouses in accordance with the right to own.
2. Assets which belong to spouses prior to entering the marriage and also those received during the marriage as gift or in the course of inheritance shall be property of each of them.
3. The items of individual use (clothes, footwear etc.) except for jewelry and any other items of luxury or both acquired during the marriage at the expense of common resources of the spouses shall be recognized as properties of that a spouse who used them. The property of each of the spouses may be recognized the joint property if it is established that during their marriage investments have been made at the expense of the joint assets of the spouses which significantly increase the value of that property (capital repairs, reconstruction, restructuring, reequipment, etc.).
4. In respect of the obligations of one of the spouses a penalty may be imposed only on the assets which are in his ownership and also upon the share in the joint assets of the spouses which would be due to him should that property be divided.
5. The special considerations in the eight to joint common property of spouses shall be determined in the legislation concerning the marriage and family of the Republic of Kazakstan.
Article 224. Ownership of a peasant (farmers) farm
1. The assets of peasants (farmers) farm shall belong to its members in accordance with the right to common property so long as the agreements between themselves do not provide otherwise.
2. In the joint ownership of the members of peasants (farmers) farm there shall be plantations on a piece of land, business and any other structures, melioration and any other installations productive and working cattle, poultry, agricultural and any other machinery and equipment vehicles, implements and any other assets which are acquired for the economy at the expense of the joint resources of its members.
3. The fruit, production, income received as a result of the activities of peasants (farmers) farm, shall be joint property of the members of the peasants (farmers) farm and they shall be used by agreement between themselves.
Article 225. Division of the property of peasants (farmers) farm
1. When terminating the peasants (farmers) business in relation to the departure there from of all its members or an any other grounds the joint assets shall be subject to division in accordance with the rule provided in Article 280 and 221 of the present Code.
2. The means of production which belong to the peasants (farmers) business in the case of the exit of one of its members from the business shall not be subject to division. The person who departs from the business shall have the right to be paid a monetary compensation which is commensurate with his share in the joint property in the joint ownership to that property.
3. In the cases provided in paragraph I and 2 of this Article the shares of the members of peasants (farmers) business and their right to join ownership in respect of the assets of the business shall be recognized as equal if the agreement between themselves does not provide otherwise.
Article 226. Property of peasants (farmers) business created in the form of a business partnership or cooperative
1. Members of the peasants (farmers) business based on the assets of the business may create a business partnership or the productive cooperative such peasants (farmers) business as a legal entity shall have the right to own the assets which are transferred to it in the form of the contribution and any other contributions by the members of the farmers business and also in respect of the assets which are received in the course of its activities and acquired or any other grounds permissible by law.
2. The amounts of contributions of the members of the peasants (farmers) business who are participants of a partnership or members of a cooperative shall be established on the basis of the shares in the right to 'joint property in respect of the assets of the farmers (peasants) business which are determined in accordance with the procedure provided in paragraph 3 of Article 225 of the present Code.
Article 227. Joint ownership of privatized housing premises (apartment)
An apartment purchased or acquired free of charge by the tenant in accordance with the legislation concerning privatization the residential premises (apartments) in a building of the state housing stock shall be transferred to common ownership of the tenant and his family members who reside permanently ,with him including those juniors and temporary absent unless otherwise is provided in an agreement between themselves. The special considerations in respect of the right to common ownership of privatized residential premises shall be determined by the housing code of the Republic of Kazakstan.
Chapter 12. Collaboration Agreement (general partnership)
Article 228. General partnership
1. A general partnership shall be formed on the basis of the agreement or the collaboration agreement in respect of business activities (concerning the agreement) in accordance with the agreement concerning joint activities (the agreement of a simple) partnership a party shall be obliged to jointly act for the of common business goals. A general partnership shall not be a legal entity.
2. The agreement concerning joint activities (the agreement of a general partnership) shall be concluded by the citizens and legal entities (consortium).
3. The obligations of the participants of a general partnership which are associated with the agreement concerning joint business activities in respect of third parties shall be joint unless the agreement concerning the joint activities provides otherwise.
Article 229. Conduct of total deals of the participants of an agreement
Maintaining the joint affairs of the participants of an agreement concerning joint activities shall be carried out in accordance with the common consent in accordance with the agreement the may delegate the management of joint activities to the authority and the managing of common affairs to one of the participants who in that case acts on the basis of a power of attorney which is issued to him by the other participants of the agreement.
Article 230. Common assets of the participants to an agreement
1. To reach their goals the participants of an agreement concerning joint activities shall make contributions is money is any other assets or by way of a labor contribution.
2. The monetary or any other property contributions of the participants of an agreement and also the assets which are created or acquired a result of their joint activities shall be the joint shared property.
3. The participants of an agreement shall not have the right to dispose their share in the joint property without the consent of the other participant of an agreement concerning the joint activities.
4. The property of the participants of an agreement shall be subject to the norms herein on the joint shared property.
Article 231. Common expenditures and losses of the participants to an agreement
The procedure for covering expenditures associated with the joint business activity and losses which are possible as a result thereof shall be determined in agreement) by the agreement of the participants. Where the agreement does not provide such a procedure the joint expenditures and losses shall be covered at the expense of the common assets of the participants of the agreement and the meeting amounts shall be spread between themselves in proportion to their shares in that property.
Article 232. Conveyance of rights and the refusal to participate in joint activity
1. The conveyance of the right to participate in joint activities may be carried out only with the consent of the participants of an agreement concerning joint activities.
2. A participant of an agreement t6 joint activities (general partnership agreement) shall have the right in accordance at his discretion to refuse from the participation in joint activities.
3. Losses which are inflicted by the rejection from the participation in a joint activity shall be paid in full volume unless the agreement concerning the joint activities (general partnership agreement) provides otherwise.
Article 233. Consortium
1. A consortium shall be a temporary voluntary equal union (association on the basis of an agreement concerning joint business activities in which the legal entity unites certain resources and coordinate the efforts to solve specific business issues).
2. The participants of the consortium shall retain their business independence and may take part in the activities of any other consortium or associations.
Relations between the members of a consortium shall be built on a contractual basis.
3. Managing a consortium shall be carried out by the central apparatus or a council of directors.
4. The participants of a consortium shall bear joint responsibility in respect of the obligations related to the activities of the consortium unless otherwise provided in the foundation documents.
5. A consortium shall terminate its activities after the fulfillment of the task or in accordance with the resolution of its participants.
Article 234. The rules concerning certain types of business activities
Certain types of business activities shall be regulated in accordance with the present Code by the legislation of the Republic of Kazakstan.
Chapter 13. The Acquisition of the Right
to Own and Any Other Rights in Rem
Article 235. The basis for the acquisition of ownership
1. The right to own a new thing shall belong to the person who manufactured or created it unless otherwise provide in an agreement or legislation.
The right to own fruit, production, income received as a result of the use of the assets shall be acquired in accordance with article 123 hereof.
2. The right to own the assets which have an owner may be acquired by any other person on the basis of the purchase and sell agreement, exchange agreement, right agreement or any other transaction of the alienation of that property.
In the case of the death of a citizen, the right to own the assets which belong to him shall be transferred in the procedure of inheritance to any other person in accordance with the will or the law.
In the case of reorganizing a legal entity the right to own assets which belong to it shall be transferred to the legal entities which are legal successors of the reorganized legal entity (Article 46).
The alienation of the assets of an owner to any other person outside of the will of the owner shall not be permitted except for the cases provided in the legislative acts.
3. In the events and following the procedure provided hereby, a person may acquire the right to own assets which do not have any owner the assets the owner whereof is unknown or the assets the owner whereof refused or lost the right to own in accordance with any other grounds.
4. Members of housing, housing constructions, dacha, garage and any other consumer cooperative any other persons who have the right to accumulate shares who fully paid the contribution for the apartment, dacha, garage or any other premises granted to those persons, by the cooperative for use shall acquire the right to own the indicated assets.
Article 236. The emergence of ownership in newly created immovable assets
1. The right to own the buildings under construction. Installations or any other property, complexes and also any other newly created immovable assets shall arise from the moment of the completion of the creation of those assets.
2. Where the legislative acts or agreements provide the acceptance of the finished items of construction then creation of the relevant property shall be accomplished from the moment of such an acceptance.
3.In the cases where immovable assets are subject to the state registration a right to own them shall arise from the moment of such registration.
4. Prior to the accomplishment or creation of immovable assets and in the relevant cases of its state registration to that property the rules shall be applied concerning the right to own the materials or any other assets of which the immovable assets was created.
Article 237. Conversion (reprocessing)
1. Unless otherwise provided in the agreement the right to own a new movable asset manufactured by the person by way of reprocessing the material which did not belong to him shall be acquired by the owner of the material.
If the cast of reprocessing is significantly exceeds the cast of the material the right to own a new item shall be acquired by the - person who fairly honestly implemented the processing for himself.
2. Unless otherwise provided by the agreement, the owner of the material who acquired the right to own the item manufactured thereof shall be obliged to compensate the cost of reprocessing to the person who carried that out and in the case of tire acquisition of the right to own the new item-n by that person the latter respectively must compensate the owner of the materials the value.
3. The owner of the materials who lost them as a result of unfair improper actions of the person who carried out the processing shall have the right to claim the transfer of new item to his ownership and reimbursement of the losses inflicted upon him.
Article 238. Time of the emergence of ownership with the acquirer by agreement
1. The right to own shall arise with the acquirer of the asset in accordance with the agreement from the moment of the conveyance of the item unless otherwise provide in t e legislative acts or agreement.
2. Where the agreement concerning the alienation of assets is subject to state registration or notary certification the right to own shall emerge with the acquirer from the moment or registration or notary certificate and where it is necessary, of both notary certificate and the state registration of the agreement from the moment of its registration.
Article 239. Conveyance of belongings
1. The conveyance shall be recognized to mean the hauling out of things to the acquirer and equally a submission to a transport organization for the dispatch to the acquirer and the submission to the post for the conveyance to the acquirer of things alienated without the obligation of unless otherwise provided in the legislation or agreement.
2. Where of the moment of the conclusion of an agreement concerning the alienation of an item it is already in the possession of the acquirer the thing shall be recognized transferred to him from that moment. The transfer of the consignment or any other managerial documents in respects of items shall be equated to the transferee of things.
Article 240. Acquisitive prescription (adverse possession)
1. A citizen or a legal entity which is not the owner of the assets but properly, openly and continuously possessing during fifteen years as his own immovable assets or any other assets for not less than five years shall acquire the right to own those assets (acquisitive prescription).
The right to own immovable and any other assets which are subject to the state registration shall arise with the person who acquire that property by virtue of the acquisition length from the moment of such registration.
2. Prior to the acquisition of the right of the ownership in respect of the assets a citizen or a legal entity which has it hold it as their own shall have the right to protect their ownership against third persons who are not the owners of the assets and also w o do not have the right to own it by virtue of any other ground which is stipulating in the legislative acts or an agreement.
