Commentary to article 203. Acquisition and termination of operational management rights The Civil Code of the Republic of Kazakhstan
The right of operational management of property, in respect of which the owner has made a decision to assign to a state-owned enterprise (institution), arises from this state-owned enterprise (institution) from the moment of transfer of property, unless otherwise established by law or the decision of the owner. In practice, the fact of securing property on the balance sheet of a state-owned enterprise (institution) is recognized as a transfer of property.
The property of a state-owned enterprise and institution transferred by the owner to operational management, as well as property acquired by a state-owned enterprise or institution in civil circulation, is the property of their founders. At the same time, it is located at a state-owned enterprise (institution) on the right of operational management.
In addition to increments and paid contractual forms of acquisition of property, it may be received by a state-owned enterprise (institution) by inheritance, under an obligation arising from harm, other non-contractual obligations, as a result of donation and for other legitimate reasons.
When the property of a state-owned enterprise and institution is seized by the owner, the right of operational management of such property ceases (see commentary to art. 205 of the Civil Code).
When a State-owned enterprise is privatized, the right of operational management is terminated along with the right of State ownership.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
