Unofficial translation
Footnote. The title is in the wording of the resolution of the Government of the Republic of Kazakhstan dated 08.01.2021 № 2 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Pursuant to subparagraph 23) of Article 11 of the Law of the Republic of Kazakhstan “On Civil Protection”, the Government of the Republic of Kazakhstan RESOLVES:
Footnote. Preamble - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).1. To approve the attached Rules for the write-off, destruction, recycle of material assets of the state material reserve and the sale of recycled goods.
Footnote. Paragraph 1 is in the wording of the Government of the Republic of Kazakhstan dated 08.01.2021 № 2 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. This Resolution shall enter into force upon expiry of ten calendar days after the day of its first official publication.
|
Prime-Minister of the Republic of Kazakhstan |
K. Massimov |
| Approved by the Resolution of the Government of the Republic of Kazakhstan dated July 31, 2014 № 859 |
Rules for the write-off, destruction, recycle of material assets of the state material reserve and the sale of recycled goods
Footnote. Rules is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 08.01.2021 № 2 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for the write-off, destruction, and disposal of material assets of the state material reserve and the sale of recycled goods (hereinafter referred to as the Rules) have been developed pursuant to subparagraph 23) of Article 11 of the Law of the Republic of Kazakhstan “On Civil Protection” and establish the procedure for the write-off, destruction, and disposal of material assets of the state material reserve and sale of recycled goods.
Footnote. Paragraph 1- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).2. The following basic concepts are used in these Rules:
1) current price - the price of the recycled goods, formed during the auction;
2) initial price - the price of the recycled goods, determined in accordance with paragraph 40 of these Rules;
3) auction - a form of bidding conducted using the web portal of the registry in electronic format, in which the participants declare their proposals publicly;
4) auction room - a section of the registry web portal that provides the ability to enter, store and process information necessary for holding an auction;
5) an auction number - a number assigned to a participant for the participation in an auction if he/she has an EDS;
6) auction for price increase – an auction method in which the starting price is increased with a pre-announced step;
7) auction for price decrease - an auction method in which the starting price is decreased with an announced step;
8) starting price – the price from which the auction for the recycled goods starts;
9) minimum price – the price below which the recycled goods cannot be sold;
10) food products of the state material reserve with expired shelf life are food products that completely do not comply with the safety requirements imposed on them, established by the legislation of the Republic of Kazakhstan and (or) technical regulations;
11) a winner is the auction participant who offered the highest price for the recycled goods;
12) mobilization reserve - a stock of material assets according to a limited range, which is an integral part of the state material reserve, necessary for fulfilling a mobilization order during mobilization, martial law and in wartime, taking measures to prevent and eliminate emergency situations of a natural, man-made and social nature and their consequences, the provision of humanitarian assistance in peacetime, as well as the material and technical means of special forces;
13) recycled goods - goods received after technological processing of material assets of the state material reserve;
14) sale of recycled goods - the use of recycled goods for the implementation of tasks of the authorized body, transfer to other state bodies and sale through an auction;
15) a guarantee fee - a sum of money in the amount of 15% of the initial price of the recycled goods, paid by an individual or non-state legal entity to participate in the auction, but not more than 30,000 times the monthly calculation index;
16) a participant - an individual or non-state legal entity registered in accordance with the established procedure to participate in the auction;
17) expiration date of material assets - the period after the expiration of which material assets shall not be subject to further use;
18) the state material reserve (hereinafter – the state reserve) is a stock of material assets intended for mobilization needs, taking measures to prevent and eliminate emergencies of a natural, man–made and social nature and their consequences, providing regulatory impact on the market, assistance to refugees and humanitarian assistance;
19) a single operator in the field of accounting for state property (hereinafter - a single operator) - a legal entity with state participation in the authorized capital, determined by decision of the Government of the Republic of Kazakhstan, which is entrusted with the tasks of implementing a unified technical policy in the field of organizing and accounting for state property, and also the functions of managing and operating the assets of the territorial subdivisions of the authorized body for state property in accordance with the list approved by the authorized body for state property;
20) subordinate organization of the state reserve system (hereinafter - the subordinate organization) - a legal entity, carrying out the formation and storage of material assets of the state reserve;
21) an authorized body in the field of the state reserve (hereinafter - the authorized body) - the central executive body, carrying out executive and control functions, as well as management of the state reserve system;
22) a plan for operating material assets of the state reserve (hereinafter - the operating plan) - a document regulating the supply, storage and release of material assets of the state reserve, as well as the sale of recycled goods;
23) write-off of material assets of the state reserve - a set of measures related to the recognition of material assets of the state reserve unsuitable for further use for their intended purpose due to complete or partial loss of consumer properties, including physical and obsolescence;
24) destruction of material assets of the state reserve - the procedure for influencing (thermal, chemical, mechanical or otherwise) on material assets of the state reserve, excluding the possibility of their further use, access to them by humans and animals;
25) recycle of material assets of the state reserve - technological processing of material assets of the state reserve, excluding their use for their intended purpose and (or) leading to other products;
26) standards for the storage of material assets of the state reserve (hereinafter -storage standards) - technical requirements for the content and conditions for the storage of material assets of the state reserve;
27) storage points of material assets of the state reserve and organizations that have been established mobilization orders (hereinafter-storage points) - legal entities that store material assets of the state reserve on a contractual basis and provide services related to storage;
28) material assets of the state reserve unsuitable for further use - material assets with expired shelf life and storage, damaged as a result of natural and man-made emergencies, as well as not complying with the requirements and norms of the legislation of the Republic of Kazakhstan in the field of civil protection;
29) trial recycle of material assets of the state reserve unsuitable for further use - experimental recycle of material assets of the state reserve to determine economic benefits;
30) other material assets with an expired shelf life - goods, with the exception of food products, the shelf life of which has expired and shall be subject to laboratory studies (testings);
31) sale price - final price of the recycled goods, established as a result of the auction;
32) a buyer – a winner of the auction, who has concluded a purchase and sale contract;
33) an identifier of the purchase and sale contract - a unique number of the purchase and sale contract assigned by the registry web portal;
34) technological calculation - a calculation, including the name and quantity of raw materials required for the output of a recycled product, with a reflection of its volume. Depending on the set task, the actual, theoretical or technological productivity shall be calculated;
35) web portal of the registry - an Internet resource, providing a unified point of access to the electronic database of recycled goods of the state property registry (hereinafter-the registry);
36) department of the authorized body (hereinafter-the department) - a structural subdivision of the authorized body, carrying out implementation functions in the field of the state reserve;
37) an economic calculation - calculation of prime cost of the recycled goods, including calculation, quantity and cost of raw materials, the name and cost of production works for processing;
38) economic benefit - establishing profitability of recycle of material assets the state reserve by comparing economic and technological calculations;
39) electronic digital signature (hereinafter - EDS) - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and the invariance of the content.
Chapter 2. The procedure for writing off material assets of the state reserve
3. The subordinate organization and storage points shall annually, no later than May 30, submit a list of material assets of the state reserve unsuitable for further use to the department in the form 1 according to Appendix 1 to these Rules and quarterly, up to the 30th day of the month following the reporting quarter, the list of food products unsuitable for further use in the form 2 according to Appendix 1 to these Rules.
4. On the basis of the submitted list of food products unsuitable for further use and other material assets of the state reserve, within a period of not more than 10 (ten) calendar days, a commission for the write-off of material assets (hereinafter-the commission) shall be created by the order of the head of the department to write off material assets.
5. The commission shall include:
1) a deputy head of the department or a person substituting him(her) (chairman of the commission);
2) a deputy head of the subordinate organization or the person substituting him(her)/representative of the storage point;
3) an employee of the accounting service of the department;
4) an employee of the accounting service of a subordinate organization/storage point;
5) an employee of a structural subdivision of the department responsible for accounting of material assets of the state/mobilization reserve of the department;
6) an employee of a subordinate organization/storage point responsible for accounting of material assets;
7) an employee of the technological department of a subordinate organization/storage point;
8) a representative of the state body performing the mobilization task or from whom the mobilization task was removed (as agreed).
6. To determine the technical condition of material assets, the commission shall:
1) carry out a direct inspection of material assets of the state reserve subject to write-off, use regulatory and technical documentation, as well as accounting data, and establish their unsuitability for restoration and further use;
2) check the completeness of material assets to be written off;
3) check the materials on the measures taken for the sale of material assets at auction, transfer to the balance of other state bodies, use for the purpose of exerting a regulatory impact on the market;
4) find out the reasons for writing off;
5) determine the security of compliance with storage standards during the storage of material assets, the possibility of using individual components, parts, materials, decommissioned property.
The following material assets of the state reserve shall be subject to write-off:
1) with expired shelf life and storage;
2) damaged as a result of natural and man-made emergencies;
3) not complying with the requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation.
7. Based on the results of inspection of the technical condition of material assets, the commission shall draw up an act for writing-off material assets of the state reserve (hereinafter-the act for write-off), which shall be signed by the chairman of the commission and all members of the commission within no more than 3 (three) working days in the form according to Appendix 2 to these Rules in 3 (three) copies.
One copy of the write-off act remains in the subordinate organization/ storage point, the second copy of the write-off act shall be sent to the state body performing the mobilization task or from which the mobilization task has been removed, the third copy - to the department within 5 (five) working days from the date of its signing.
Verification of material assets that are not subject to write-off shall be carried out in accordance with the procedure for accounting material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
8. After receiving the write-off act, the department, within a period of not more than 5 (five) working days shall send a request for competence to state organizations in the field of sanitary and epidemiological welfare of the population and (or) veterinary medicine for conducting sanitary and epidemiological and (or) veterinary and sanitary examinations, based on the results of which a protocol of studies (testings) shall be drawn up.
Studies of other material assets of the state reserve shall be carried out by accredited testing laboratories, as a result of which a study protocol shall be drawn up.
9. Based on the protocols of studies (testings) of food products within a period of not more than 10 (ten) calendar days, a commission for determining the recycle and destruction of expired food products (hereinafter-the commission for determining the recycle and destruction) shall be created by the order of the head of the department or a person substituting him/her.
The commission for determining the recycle and destruction shall include:
1) the head of the department or a person substituting him/her (chairman of the commission);
2) the deputy head of the department or a person substituting him/her;
3) the head of the subordinate organization or a person substituting him/her/ a representative of the storage point;
4) employees of the structural subdivision of the department responsible for accounting of material assets of the state reserve of the department;
5) employees of a subordinate organization/storage point responsible for accounting of material assets;
6) employees of the technological department of the subordinate organization/storage point;
7) representatives of the state body in the field of sanitary and epidemiological welfare of the population and the authorized body in the field of veterinary medicine;
8) a representative of the state body performing the mobilization task or from whom the mobilization task was removed (as agreed).
10. Based on the results of the meeting, the commission for determining the recycle and destruction shall draw up a protocol for determining the recycle and destruction of expired food products in the form according to Appendix 3 to these Rules.
11. The department, within the framework of the legislation on public procurement, shall acquire the services of trial recycle of material assets of the state reserve unsuitable for further use.
12. Based on the protocol for determining the recycle and destruction of expired food products, the protocol for studies on other material assets and the results of trial recycle of material assets of the state reserve unsuitable for further use, the intradepartmental commission, within a period of no more than 10 (ten) working days, shall draw up a conclusion on economic benefit in the form according to Appendix 4 to these Rules, which reflects economic and technological calculations and establishes the feasibility of recycling and destruction.
Technological calculation shall be made by selecting the technology for recycling the product in compliance with quality and safety requirements.
Economic calculation includes the determination (monitoring) of the value of the recycled goods in accordance with market conditions in comparison with the book value, the result of which will determine the profitability of recycle.
13. Based on the report on determining the disposal and destruction of expired food products, the examination report on other tangible assets and the conclusion on economic benefits, the authorized body shall make a decision on unreservation of material assets of the state reserve for disposal or destruction in coordination with the authorized body for state property.
Footnote. Paragraph 13- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).14.Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).
15. Information about material assets of the state reserve issued in the order of unreservation during destruction or recycle shall be subject to declassification in accordance with the legislation of the Republic of Kazakhstan on state secrets.
Chapter 3. The procedure for the destruction of material assets of the state reserve
16. After the decision of the authorized body on unreservation of material assets of the state reserve for destruction, the subordinate organization/storage point shall take measures for further destruction of the unreserved material assets of the state reserve.
Footnote. Paragraph 16 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).17. The release of material assets for destruction shall be carried out on the basis of the form and procedure for issuing orders for the release of material assets or the sale of recycled goods from the state reserve, approved by the authorized body.
18. To make a decision on the place of destruction of unreserved material assets of the state reserve, the subordinate organization/storage points shall apply to local executive bodies.
19. Destruction of material assets of the state reserve before the taken decision of the authorized body shall not be allowed.
Footnote. Paragraph 19- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 № 430 (shall be enforced ten calendar days after the date of its first official publication).20. When destroying the unreserved material assets of the state reserve, the subordinate organization/storage points involve representatives of the department, local executive bodies, as well as bodies of environmental protection, sanitary and epidemiological welfare of the population, fire service, internal affairs, national security of the Republic of Kazakhstan.
21. Destruction of flammable, explosive, as well as material assets of the state reserve, requiring special conditions for destruction using special technology shall be carried out by organizations that have the appropriate license for their destruction.
22. Destruction of food products that pose a danger to life and health of humans and animals, the environment shall be carried out in the manner established by the Government of the Republic of Kazakhstan.
23. Destruction of medicines, medical devices and medical equipment that have become unusable, falsified, expired shall be carried out in the manner established by the authorized body in the field of healthcare.
24. The subordinate organization/storage points that carried out the destruction of unreserved material assets of the state reserve shall draw up an act on the destruction of material assets of the state reserve (hereinafter-the act of destruction) in the form according to Appendix 5 to these Rules in 3 (three) copies.
One copy of the destruction act remains in the subordinate organization/storage point, the second copy shall be sent to the state body performing the mobilization task or from which the mobilization task has been removed, the third copy shall be sent to the department within 3 (three) working days from the moment of its signing.
25. On the basis of the act of destruction, the department deregisters the material assets of the state reserve in accordance with the procedure for accounting material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
Chapter 4. The procedure for the recycle of material assets of the state reserve
26. On the basis of the decision of the authorized body on unreservation of material assets of the state reserve for recycle, the department shall organize the procedure for public procurement of services for their subsequent recycle.
27. Food products subject to recycle shall be subjected to technological processing in order to:
obtaining raw materials;
disinfection;
industrial processing;
obtaining feed for animals and others.
28. The release of material assets for the purpose of recycling shall be carried out on the basis of the form and procedure for issuing orders for the release of material assets or the sale of recycled goods from the state reserve, approved by the authorized body.
29. Recycle of material assets of the state reserve shall be carried out at the expense of budgetary funds.
30. After the recycle of the state reserve material assets, the supplier of the recycle services shall submit an act on recycle of the state reserve material assets (hereinafter- the recycle act) to the department in the form according to Appendix 6 to these Rules.
31. Material assets of the state reserve after their recycle shall be deregistered on the basis of the recycle act in accordance with the procedure for accounting of material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
32. In the case of recycle of material assets as food products, the supplier of recycle services, in accordance with the requirements of the legislation in the field of technical regulation shall submit a conformity assessment document in the forms of registration (state registration), testing, confirmation of conformity, examination and (or) another form confirming quality and safety of the recycled goods.
In the case of recycle of other material assets, the recycle service provider, in accordance with the requirements of the legislation in the field of technical regulation, shall submit a conformity assessment document in the forms of registration (state registration), testing, conformity assessment, examination and (or) another form confirming the quality and safety of the recycled goods.
33. After the recycle of material assets, the recycle service provider shall conduct an assessment of the recycled goods at its own expense by involving the subject of assessment activities in accordance with the legislation of the Republic of Kazakhstan.
Recycled goods shall be registered with the department at the price indicated in the assessment report.
34. Acceptance of recycled goods shall be carried out in accordance with the procedure for accounting material assets of the state reserve, approved by the Government of the Republic of Kazakhstan, and an electronic act on the provision of services, issued through the public procurement web portal.
Recycled goods accepted for accounting shall be accepted on the balance sheet of the department for their subsequent sale.
Chapter 5. The procedure for the sale of recycled goods
35. If the recycled goods corresponds to the goods that is included in the range and volume of storage of material assets of the state reserve, then the recycled goods shall be placed on the balance sheet of the department to ensure the assigned tasks of the state reserve.
In other cases, the recycled goods shall be sold by:
1) holding an auction on the registry web portal in accordance with the Plan of operation;
2) transfer to the balance of other state bodies.
Paragraph 1. Sale of recycled goods through an auction
36. To organize auctions, the department shall form an auction commission, which includes the chairman, deputy chairman and members of the auction commission. The number of members of the auction commission shall be at least five persons.
An official with a level not lower than the deputy head of the department or a person substituting him/her shall be determined as a chairman of the auction commission. During the absence of the chairman of the auction commission, his/her functions shall be performed by his/her deputy.
Organizational activity of the auction commission shall be provided by the secretary of the auction commission, which is determined from among the officials of the department. The secretary shall not be a member of the auction commission and shall not vote when making decisions by the auction commission.
37. Meetings of the auction commission shall be held subject to the presence of at least two thirds of the total number of members of the auction commission and shall be drawn up by a protocol on the results of the auction, which is signed by the members of the auction commission present, its chairman, deputy chairman and secretary. In the absence of a member of the auction commission at the meeting, the protocol of the auction results shall indicate the reason for his/her absence.
Decisions of the auction commission shall be taken by a simple majority of votes of the total number of members of the auction commission present. In case of equality of votes, the chairman's vote shall be decisive.
38. Prior to the publication of a notice of an auction for each recycled of goods, the auction commission shall ensure that electronic copies of the following documents are included on the registry web portal:
1) documents in the field of conformity assessment;
2) photographs of the recycled goods, providing an idea of the condition of the recycled goods, in the amount of at least 3 pieces;
3) draft purchase and sale contract.
After the publication of a notice, the auction commission shall provide free access to information about the recycled goods for everyone through the registry web portal.
39. The notice of the auction shall be published by the auction commission 15 (fifteen) calendar days before it is held on the web portal of the registry in the Kazakh and Russian languages.
The notice on the auction contains the following information:
1) the date and time of the auction;
2) method of the auction;
3) information about the recycled product, including the name, volume, initial price of the recycled product;
4) the starting and minimum (when conducting an auction for price decrease) prices of recycled goods;
5) the amount of the guarantee fee and bank details for its transfer;
6) deadline for accepting applications;
7) the procedure for holding an auction, including registration of participation in the auction, the conditions for determining the winner of the auction;
8) additional information about the recycled goods, including the date of export and location of the recycled goods, accounting for value added tax.
40. The starting price of the recycled goods shall be determined based on the book value.
41. The recycled goods for the first auction shall be put up by the auction commission within a period not exceeding 30 (thirty) calendar days from the date of acceptance of the operation Plan or inclusion of the recycled goods in the operation Plan.
If the auction is declared invalid, each subsequent auction shall be held every twenty business days.
42. The guarantee fee for participation in the auction shall be paid to the details of a unified operator.
43. Participants shall be allowed to make any number of guarantee fees.
The guarantee fee of the participant who won the auction and entered into the purchase and sale contract shall be credited to the payments due under the purchase and sale contract.
If the amount of the guarantee fee exceeds the sale price, then the difference shall be returned to the winner by a unified operator no later than 3 (three) business days from the date of conclusion of the purchase and sale contract on the registry web portal by the department and the buyer.
44. The guarantee fee shall not be returned:
1) to the winner - in cases of not signing the protocol on the results of the auction or the purchase and sale contract;
2) to the buyer - in case of non-fulfilment or improper fulfilment of obligations under the purchase and sale contract.
In all other cases, the guarantee fees shall be returned to the details specified by the auction participant, individual or legal entity in the application for the return of the guarantee fee, signed with an EDS on the registry web portal.
45. Registration of auction participants shall be made from the date of publication of the notice and ends five minutes before the start of the auction, after which the participants cannot withdraw the submitted application.
46. To participate in the auction, you must first register on the web portal of the registry, as well as fill out an application for participation in the auction (hereinafter - the application) in the form according to Appendix 7 to these Rules.
47. The department shall not be allowed to disclose information related to the participants of the auction during the entire period of preparation of the auction and its conduct, except for the cases provided for by the legislative acts of the Republic of Kazakhstan.
48. After registration of the application by the registry web portal, within three minutes, an automatic check shall be made for the presence in the database of the registry of information about the receipt of the guarantee fee for the recycled product for which the application has been submitted.
49. The grounds for the refusal of the web portal to accept the application shall be the participant's failure to comply with the requirements specified in paragraph 46 of these Rules, as well as the failure to receive the guarantee fee specified in the notice of the auction five minutes before the start of the auction to the settlement account of the unified operator.
If there is information in the registry database about the receipt of the guarantee fee to the settlement account of the unified operator, the web portal shall accept the application and block the amount of the guarantee fee until the results of the auction for the recycled goods are determined, and also shall admit the participant to the auction. If there is no information in the registry database about the receipt of the guarantee fee to the settlement account of the unified operator, the web portal shall reject the participant's application.
Based on the results of the automatic check, the web portal shall send an electronic notification of the application acceptance or the reasons for refusal to accept the application to the participant's e-mail address specified on the web portal.
50. Prior to the auction, the participant may conduct an examination of the quality and compliance of the recycled goods with the requirements of technical regulations and regulatory documents on standardization. The costs associated with such examination shall be borne by the participant.
The volume of recycled goods required for examination shall be determined by an accredited legal entity for conformity assessment.
For the examination, the participant shall submit:
1) a letter to the department, which contains the name of the recycled goods required for the examination, and their location for sampling;
2) a letter from an accredited legal entity confirming compliance with the provision of the necessary amount of recycled goods for carrying out the procedures to confirm the compliance of recycled goods with the requirements established by technical regulations or standards;
3) the original or a notarized copy of the payment order for payment for the volume of recycled goods intended for examination.
51. Payment for the volume of recycled goods intended for examination shall be calculated based on the initial price of the recycled product and shall be paid to the republican budget.
After receiving payment for the amount of recycled goods intended for examination, the department shall issue an order for the sale of recycled goods from the state reserve.
On the basis of the order, the participant receives the recycled goods for examination.
Examination of the qualitative state and assessment of compliance with the safety of recycled goods, the requirements of technical regulations and standardization documents shall be carried out in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.
52. The web portal of the registry will cancel the auction number of the participant who has withdrawn the electronic application at least five minutes before the start of the auction.
53. The auction shall be held by two methods of bidding: for the price increase or for the price decrease.
When conducting an auction for the price increase, the starting price of the recycled goods shall be equal to the starting price of the recycled goods.
In the case of an auction for the price decrease, the starting price shall be determined by multiplying the starting price by a multiplier equal to 3 (three).
54. The recycled goods for the first auction shall be put up for auction using the method for price increase.
For the second auction, the recycled goods shall be put up for the auction using the method for price decrease with establishment of a different price in the amount of fifty percent of the initial price.
At the third auction, the recycled goods shall be put up for the auction using the method for price decrease without setting a minimum price.
55. The participants of an auction shall enter the auction room within one hour before the start of the auction using the EDS and the auction number assigned by the registry web portal. The auction starts at the time of the city of Nur-Sultan specified in the notice of the auction by automatically placing the starting price of the recycled goods in the auction room.
56. The auction shall be held from Tuesday to Friday from 10:00 to 17:00 of Nur-Sultan time, while the auction starts no later than 15:00 of Nur-Sultan time.
57. If at the end of the auction for price increase at 17:00 the winner of the auction is not determined, then the participant who last confirmed his/her desire to purchase the recycled goods shall be recognized as the winner, and the auction for this recycled product shall be recognized as completed.
If at the end of the auction to reduce the price at 17:00 the winner of the auction is not determined, then the auction for this recycled product shall be recognized as failed.
58. If, at the time of the auction start, less than two auction participants have registered and are present in the auction hall for the recycled goods, the auction for this disposed product shall be recognized as failed.
59. Auction for price increase:
1) if, within twenty minutes from the start of the auction in the auction hall, the participant does not confirm his/her desire to purchase the recycled goods by increasing the starting price by a step set in accordance with paragraph 62 of these Rules, the auction for this recycled goods shall be recognized as failed;
2) if, within twenty minutes from the start of the auction in the auction hall, one of the participants confirms his/her desire to purchase the recycled goods by increasing the starting price by a step, established in accordance with paragraph 62 of these Rules, the starting price shall be increased by the established step;
3) if, within twenty minutes after the increase in the starting or current price, none of the participants confirms their desire to purchase the recycled goods by increasing the current price, then the participant who last confirmed his/her desire to purchase the recycled goods shall be recognized as the winner and the auction for this recycled goods shall be considered to have taken place.
An auction for the price increase of a recycled goods goes up to the maximum offered price by one of the participants.
60. An auction for the price decrease:
1) if within two minutes from the start of the auction none of the participants confirm their desire to purchase the recycled goods in the auction, then the starting price of the recycled goods shall be reduced by a step from the price established in accordance with paragraph 62 of these Rules;
2) if, within two minutes after the price reduction, none of the participants confirm their desire to purchase the recycled goods, then the last announced price of the recycled goods shall be reduced with the established step.
The participant who first confirmed his/her desire to purchase the recycled goods at the advertised price shall be recognized as the winner of the auction for the price decrease, and the auction for this recycled goods shall be recognized as have taken place;
3) if the price of the recycled goods has reached the established minimum amount, and none of the participants has confirmed their desire to purchase the recycled goods, then the auction shall be recognized as failed.
61. In the cases specified in part two of paragraph 57, paragraph 58, subparagraph 1) of paragraph 59 and subparagraph 3) of paragraph 60 of these Rules, the department signs an act on the failed auction, formed by the registry web portal.
62. The price change step shall be established as follows:
1) at the starting or current price of the recycled goods in the amount of up to 20,000 times the monthly calculation index, the change step shall be established at an auction for price increase in the amount of 10 percent and at an auction for a price decrease in the amount of 5 percent;
2) at the starting or current price of the recycled goods in the amount of 20,000-fold to 50,000-fold from the size of the monthly calculation index, the change step shall be established at an auction for price increase in the amount of 7 percent and at an auction for price decrease in the amount of 5 percent;
3) at the starting or current price of the recycled goods in the amount of 50,000-fold to 100,000-fold of the monthly calculation index, the change step shall be established at 5 percent;
4) at the starting or current price of the recycled goods in the amount of 100,000-fold to 250,000-fold of the monthly calculation index, the change step shall be established at an auction for price increase in the amount of 2.5 percent and at an auction for a price decrease in the amount of 5 percent;
5) at the starting or current price of the recycled goods in the amount of 250,000-fold to 500,000-fold of the monthly calculation index, the change step shall be established at an auction for price increase in the amount of 1 percent and at an auction for a price decrease in the amount of 5 percent;
6) at the starting or current price of the recycled goods in the amount of 500,000 times the monthly calculation index and above, the change step shall be established at an auction for price increase in the amount of 0.5 percent and at an auction for a price decrease in the amount of 5 percent.
63. The results of the auction for each sold recycled goods shall be documented in a protocol on the results of the auction, which is signed on the web portal of the registry by the department and the winner using an EDS on the day of the auction.
The protocol on the results of the auction shall be a document that records the results of the auction and the obligations of the winner and the department to sign a purchase and sale contract at the sale price.
64. If a technical failure occurs during the auction that prevents participation in the auction, the participant shall:
1) be notified within 30 seconds from the moment of absence of a stable connection with the registry web portal by displaying an electronic notification with the contact details of a unified operator on the monitor of the auction participant;
2) immediately inform about this by telephone or electronic message using the contact details of a unified operator.
65. A unified operator shall record the fact of a technical failure and, if it exists on the side of the registry web portal shall notify all participants in the auction by posting information on the registry web portal.
66. In the event of a technical failure of the participant's computer and/or telecommunications equipment, the auction continues.
67. If there is a fact of a technical failure of the registry web portal specified in paragraph 64 of these Rules, preventing the auction or the auction procedure, the unified operator shall notify the department in writing and postpone the auction on the next working day after the day of correction of the technical failure with mandatory prior notification of the participants participating in the auction on the date and time of continuation of this auction by posting information on the registry web portal and sending an e-mail to the participant's e-mail address, specified on the registry web portal.
68. A purchase and sale contract shall be concluded in electronic format on the web portal of the registry and signed by the department and the winner using an EDS within a period of not more than 10 (ten) calendar days from the date of signing the protocol on the results of the auction. The contract indicates a reference to the protocol on the results of the auction as the basis for concluding the contract.
If the winner does not sign the protocol on the results of the auction or the purchase and sale contract within the prescribed time, the department shall sign an act on cancellation of the auction results, generated on the web portal of the registry, and this recycled of goods shall be again put up for auction with the terms of the cancelled auction.
69. The person who won the auction, if he/she does not sign the protocol on the results of the auction or the purchase and sale contract shall lose the guarantee fee paid by him/her and compensate the department for the real damage he/she has suffered.
70. The sale price under the purchase and sale contract, minus the guarantee fee, shall be paid by the buyer to the settlement account of a unified operator within 10 (ten) working days from the date of conclusion of the purchase and sale contract, while the purchase and sale contract identifier shall be indicated in the purpose of payment by the buyer.
71. In cases of delay in payment for a period exceeding 10 (ten) working days from the date of conclusion of the contract, the department shall terminate the contract unilaterally.
In this case, the recycled goods shall be again put up for a second auction with the conditions of the cancelled auction.
72. The transfer of recycled goods shall be made subject to the full payment by the buyer of the sale price under the purchase and sale contract on the basis of the act of acceptance and transfer, an act of release in accordance with the procedure for accounting for material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
73. The sale of recycled goods shall be carried out in accordance with the form and procedure for issuing orders for the release of material assets or the sale of recycled goods from the state reserve, approved by the authorized body.
74. If the buyer does not sign the act of acceptance and transfer, the department shall sign an act on the cancellation of the auction results, which is generated on the web portal of the registry.
75. The contract of purchase and sale shall be considered to be executed subject to the full and proper fulfilment of the obligations assumed under the specified contract by the department and the buyer.
76. Recycled goods after their sale shall be deregistered in accordance with the procedure for accounting for material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
77. The funds received from the sale of recycled goods shall be transferred by a unified operator to the income of the republican budget within 3 (three) working days from the date of inclusion of information about the signed act of acceptance and transfer on the registry web portal by the department.
Paragraph 2. Sale of recycled goods by transferring them to the balance of other state bodies
78. The authorized body shall carry out the transfer of recycled goods to the balance of other state bodies, if necessary, and if, according to the results of the auction, the recycled goods are not sold.
79. The transfer of recycled goods to the balance of other state bodies shall be carried out by decision of the authorized body for state property management in agreement with the recipient state bodies and the authorized body.
80. The authorized body for transfer to the balance sheet to other state bodies shall post on its Internet resource and send to the state bodies a list of recycled goods to be transferred (hereinafter - the list).
81. State bodies, within a period of not more than 10 (ten) working days shall consider the list and submit to the authorized body applications for the acceptance of recycled goods containing information about the name, quantity, unit of measurement of recycled goods.
82. The authorized body, within a period of not more than 10 (ten) working days from the date of receipt of applications shall consider and agree on applications from state bodies or refuse to agree on them, indicating the reasons.
83. After approval of applications of state bodies, they shall be subject to transfer to the authorized body for state property management for making a decision on the transfer of recycled goods to the balance of other state bodies.
Transportation costs, including the costs associated with the loading and unloading of recycled goods shall be carried out at the expense of the recipient state body.
84. The transfer of recycled goods shall be carried out on the basis of the act of acceptance and transfer, an act of release in accordance with the procedure for accounting for material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
85. After making a decision on the transfer of recycled goods, the department shall issue an order in accordance with the form and procedure for issuing orders for the release of material assets or the sale of recycled goods from the state reserve, approved by the authorized body.
86. Recycled goods after their sale shall be deregistered in accordance with the procedure for accounting for material assets of the state reserve, approved by the Government of the Republic of Kazakhstan.
87. In the case of allocated budgetary funds for the purchase of goods received free of charge from the state reserve, state bodies, within a period of not more than 10 (ten) calendar days from the moment they transfer the recycled goods to the balance sheet, shall ensure the return of the value of the transferred recycled goods to the republican budget.
| Appendix 1 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
|
| Form 1 |
List of material assets of the state reserve unsuitable for further use
Name of subordinate organization/storage point
_______________________________________________________________
presents a list of the following material assets of state reserve, unsuitable for further use:
№ |
Name of material | Numbers of documents on standardization, documents on conformity assessment, article, series | Unit of measurement | Quantity | Bookmark date | Expiration date of the storage period |
Price per | Total cost | Technical condition | Note (other reasons forming the unsuitability of material values) |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Signatures:
Head of subordinate organization/storage point
____________________/ __________________/ __________________
position signature clarification of signature
Chief accountant of a subordinate organization / storage point
___________________/ __________________/ ___________________
position signature clarification of signature
| Form 2 |
List of food products unsuitable for further use
Name of subordinate organization/storage point
______________________________________________________________________
presents a list of the following food products unsuitable for further use:
№ | Name of food products |
Numbers |
Unit | Quantity |
Book |
Expira | Price per unit | Total cost |
Tech | Note (other reasons forming unsuitability of food products) |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Signatures:
Head of subordinate organization/storage point
_______________/ __________________/ _____________________
position signature clarification of signature
Chief accountant of a subordinate organization / storage point
_______________/ __________________/ ________________________
position signature clarification of signature
| Appendix 2 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
Act № _____ for the write-off of material assets of the state reserve
| "__" ________________ year |
Name of subordinate organization/storage point
______________________________________________________________________
Full address of the subordinate organization/storage point
______________________________________________________________________
Commission created by the order dated "__" ____ year № _____ consisting of:
______________________________________________________________________
based on the submitted list of food products unsuitable for further use and other material assets of the state reserve, it carried out an inspection in the presence of a materially responsible person of a subordinate organization/storage point of material assets of the state reserve that are subject to write-off, while using regulatory and technical documentation, as well as accounting data.
When familiarizing with documents, examining (checking) material assets it is established:
№ |
Name of material | Numbers of documents on standardization, documents on conformity assessment, article, series | Unit of measurement |
Quantity | Date of manufacture | Date of bookmark |
Date of expiration /storage | Price per unit | Total cost |
Tech | The reason for the write-off |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
Note:
Show products of different brands, standardization documents in a separate line.
Space for seal (if available)
Commission Chairman
______________/ ____________/ ___________________
position signature clarification of signature
Commission members:
______________/ ____________/ ___________________
position signature clarification of signature
______________/ ____________/ ___________________
position signature clarification of signature
| Appendix 3 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
|
| Form |
Protocol for determining the recycle and destruction of expired food products № ______ dated "__" _____________20__
Commission for the determination of recycle and destruction, created by the order № ____ dated "___" _______ 20___ consisting of: __________________________________________
________________________________________________________________________________
based on the submitted protocols of studies (testings) for food products
№ _____ dated "__" ________________ made a decision on the following:
№ | Name of material assets | Expiration date/storage date | Unit of measurement | Subject to destruction in the amount of | Subject to recycle in the amount of |
1 | 2 | 3 | 4 | 5 | 6 |
Signatures:
Chairman of the Commission for determining recycle and destruction:
________________/ ______________/ _______________________
position signature clarification of signature
Members of the Commission for determining recycle and destruction:
________________/ ______________/ _______________________
position signature clarification of signature
Note: Recycle of expired food products shall be carried out in case of establishing the expediency of recycle in accordance with the conclusion on economic benefits in the form according to Appendix 4 to these Rules.
| Appendix 4 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
|
| Form |
Conclusion № ___ on economic benefits
from "__" _____ 20__
Commission created by the order dated "__" _________ 20__ № _____ consisting of:
_____________________________________________________________ ______________________________________________________________________
______________________________________________________________________
having considered the protocol for determining the recycle and destruction of expired food products № ____ dated "__" ________________, research protocol on other material values № _____ dated "__" ________________ and the results of trial recycle of material assets of the state reserve unsuitable for further use № ____ dated "__" ________________, made economic and technological calculations:
№ | Name of material assets | Quantity and unit of measurement | Technological calculation | Economic calculation | |||
Name of raw materials for the production of recycled goods | Quantity and unit of measure of raw materials for the production of recycled goods | Name of the recycled product | Quantity and unit of measurement of the recycled product | Cost of recycle services | The cost of the disposed goods determined by the disposal service provider | Average market value according to statistics | |
Conclusion of the commission:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Signatures:
Commission Chairman
___________________/ ____________/ _________________________
position signature clarification of signature
Commission members:
__________________/ ____________/ __________________________
position signature clarification of signature
| Appendix 5 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
Footnote. Appendix 5- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 31.05.2023 №. 430 (shall be enforced ten calendar days after the date of its first official publication).
Form
Act № ___ on destruction of material assets of the state reserve dated "__" ___________20__
__________________________________________________________________________
Name of the subordinate organization/ storage point
__________________________________________________________________________
Full address of the subordinate organization/storage point
We: ______________________________________________________________________
(surname, name, patronymic (if any) (further – full name), place of work, position of persons
who performed destruction of material assets of the state reserve),
basing on the resolution of the authorized body on unreservation of material assets
of the state reserve for destruction dated "__" ___________ year, No. ______have performed
destruction of the following material assets of the state reserve,unsuitable for further use:
№ п/п | Name of material assets | Numbers of standardization documents, article, series | Unit of measurement | Quantity | Reason for destruction | Method of destruction | Place of destruction | Time and date of destruction |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Signatures and full names of persons, who performed destruction of material assets of the state reserve unsuitable for further use
______________/ ____________/ ____________________
position signature print name
| Appendix 6 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
|
| Form |
Act № ___ on the recycle of material assets of the state reserve dated "__" _____________ 20__
Name of the customer ______________________
Name of recycle service provider ______________________
Recycle service provider (full name) on the basis of an order
of the authorized body on the unreservation of material assets of the state reserve for recycle dated "__" ___________ year № ______ and the public procurement contract dated "__" ___________ year № ______, as well as the act of acceptance and transfer dated "__" ________________, the following material assets of the state reserve unsuitable for further use were recycled:
№ | Names of material assets | Unit of measurement | Quantity of material assets |
Numbers of documents | Names of recycled goods | Unit of measurement | Number of recycled goods | Numbers of standardization documents, article, series |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Name of recycle services provider
___________/_____________/ _____________/ _____________________
signature surname name patronymic (if any) of the head
Place for seal (if any) ___________________
| Appendix 7 to the Rules for the write-off, destruction, recycle of material assets of state material reserve and the sale of recycled goods |
|
| Form |
Application for participation in the auction for the sale of recycled goods
1. Having considered the published notice of holding an auction for the sale of recycled goods and having read the Rules for the write-off, destruction, recycle of material assets of the state material reserve and the sale of recycled goods (hereinafter-the Rules),
______________________________________________________________________
(surname, name, patronymic (if any) (hereinafter - full name) of an individual or name of the legal entity and full name of the manager or representative of a legal entity acting on the basis of a power of attorney) wishes to take part in the auction, which will be held on "___" ___________ 20__ on the web portal of the state property registry.
2. I (we) have paid a guarantee fee for participation in the auction, which is blocked by the registry web portal until the results of the auction for recycled goods:
№ | Name of the recycled goods | Amount of the guarantee fee for the recycled goods, tenge |
1 | ||
2 | ||
Total |
3. I (we) agree that in case of detection of my (our) non-compliance with the requirements for the participant, I (we) lose the right to participate in the auction, the protocol on the results of the auction signed by me (us) and the purchase and sale contract will be invalidated.
4. If I (we) am (are) determined to be the winner(s) of the auction, I shall accept the obligation to sign the protocol on the results of the auction on the day of its holding and the purchase and sale contract within no more than 10 (ten) calendar days from the day of its holding.
5. I (we) agree that the amount of the guarantee fee paid by me (us) is not refundable and shall be sent by a unified operator in the field of state property accounting to the republican budget in the following cases:
1) non-signing of the protocol on the results of the auction on the day of the auction;
2) non-signing of the purchase and sale contract within the established time limits;
3) non-performance and/or improper performance by me (us) of obligations under the purchase and sale contract.
6. This application, together with the protocol on the results of the auction, has the force of a contract valid until the conclusion of the purchase and sale contract.
7. I present information about myself:
For a legal entity:
Name __________________________________________________
BIN _______________________________________________________________
FULL NAME of a manager _______________________________________________
Address: _________________________________________________________
Phone (fax) number: _______________________________________________
Bank details for the return of the guarantee fee:
IIK ___________________________________________________________
BIC ___________________________________________________________
Name of the bank _____________________________________________
Kbe ______________________________________________________________
IIN / BIN of the person who paid the guarantee fee ___________________
FULL NAME. for an individual: _____________________________________
IIN ________________________________________________________________
Passport data ______________________________________________
Address: _________________________________________________________
Phone (fax) number: _______________________________________________
Bank details for the return of the guarantee fee:
IIK ___________________________________________________________
BIC ___________________________________________________________
Name of the bank _____________________________________________
Kbe ______________________________________________________________
IIN / BIN of the person who paid the guarantee fee ____________________
Data from the applicant's EDS; Date and time of signing with EDS by the applicant.
Accepted by the web portal of the state property registry
"___" __________ 20 __ year __________ hour _______ minutes
Auction number of the participant _______________.