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Article 249. Grounds for termination of ownership rights of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 249. Grounds for termination of ownership rights of the Civil Code of the Republic of Kazakhstan

   1. The right of ownership is terminated when the owner alienates his property to other persons, the owner renounces the right of ownership, the death or destruction of property and the loss of ownership of property in other cases provided for by legislative acts.

     2. Forced alienation from the owner of property is not allowed, except in the following cases::

     1) foreclosure on property under the obligations of the owner;

     2) compulsory alienation of property that, by virtue of legislative acts of the Republic of Kazakhstan, cannot belong to this person;

     3) requisitions;

     4) confiscation;

     5) compulsory alienation of immovable property in connection with the seizure of a land plot;

     6) seizures of mismanaged historical and cultural monuments, cultural values;

     7) nationalization;

     8) sale of property at public auction by a court decision in the event of the impossibility of dividing the common property or allocating a share from it in accordance with Article 218 of this Code.

     9) applying to the state income of property in accordance with the legislation of the Republic of Kazakhstan on the return of illegally acquired assets to the state.

     3. State-owned property is alienated into private ownership.:

     1) citizens and legal entities in the cases, on the terms and in accordance with the procedure provided for by the legislative act of the Republic of Kazakhstan on state property;

     2) by transferring objects of state ownership in payment (formation or increase) of the authorized capitals of legal entities;

     3) in other cases directly provided for by the laws of the Republic of Kazakhstan.

     3-1. The object of alienation may not be property that, in accordance with the laws of the Republic of Kazakhstan, may only be state-owned, as well as property that is state-owned and not subject to alienation in accordance with acts of the President of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan in agreement with the President of the Republic of Kazakhstan.

     4. In the event of the adoption of the Law of the Republic of Kazakhstan on the conversion into state ownership of property privately owned by citizens and legal entities (nationalization), they shall be compensated for losses in accordance with the procedure established by Article 266 of this Code.

 

 

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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