State Enterprises

Zhanat Alimanov, assistant professor

Terms

1. Right of Business Management – право хозяйственного ведения

2. Right of Operational Management – право оперативного управления

3. Legal organizational form – организационно-правовая форма

Plan (state enterprises)

I. Types of State Enterprises

II. Peculiarities

III. Why do we need these organizational form?

BY GOAL

For profit Legal Entities Non-profit Legal Entities

State Enterprise

Production Cooperative

Business Partnerships

Corporations

Business Unions

Public Associations

Public Funds

Religious Associations

Consumer Cooperatives

Agencies/Учреждения

I. Types of State Enterprises

What is State Enterprise?

What types do we have?

Let’s look at the

Civil Code.

I. Types of State Enterprises

1. Based on the right of

Business Management

2. Based on the right of

Operational Management

II. Peculiarities

ExampleAndrei supplied 1,000 tons

of gas (топливо) to State

enterprise “Almaty transport”

at the price of KZT 100,000

per ton.

Total sum is KZT 100 mln.

Almaty akimat is the founder

of the company.

Example

Let’s assume that Almaty

transport experiences

financial difficulties, and

cannot pay back the

debt.

Is Almaty akimat liable?

Example

Let’s assume that Almaty

transport experiences

financial difficulties, and

cannot pay back the debt.

Is Almaty akimat liable?

Chapter 9 & 10

II. Peculiarities

1. Liability

Example 2

Let’s assume that Almaty Akimat

would like to raise money, and sell

part of state enterprise

“Almaty transport.”

Can it do it?

Example 2

Let’s assume that Almaty Akimat

would like to raise money, and sell

part of state enterprise

“Almaty transport.”

Can it do it? Art. 102

Example 2

Let’s assume that Cabinet of

Ministers of KZ would like to raise

money, and sell part of Samruk

Kazyna.

Can it do it?

Example 3

Let’s assume that Almaty Akimat

would like to raise money, and

Sell all state enterprise “Almaty

transport.”

Can it do it?

Example 2

Let’s assume that Cabinet of

Ministers of KZ would like to raise

money, and sell all shares of

Samruk Kazyna.

Can it do it?

II. Peculiarities

1. Liability

2. Control

Example 4

Let’s assume that Almaty

Transport would like to raise

money, and sell its office?

Can it do it?

Business Management

(chapter 9)

Operational Management

(chapter 10)

Buy & sell any property except main assets

Sell only its production

III. Why do we need these forms?

Question 1

What

legal organizational form

has

Казахский

научно-исследовательский

институт экологии и климата?

Question 2

What does

“научно-исследовательский

Институт”

mean from legal point?

Question 2

What does

“научно-исследовательский

Институт”

mean from legal point?

Nothing.

Question 1

Казахский

научно-исследовательский

институт экологии и климата

www.ecoclimate.kz

III. Why do we need these forms?

What legal organizational form

has КазГидромет?

www.kazhydromet.kz

III. Why do we need these forms?

What legal organizational form

has КазГидромет?

www.kazhydromet.kz

Art. 104, p. 4

III. Why do we need these forms?

What legal organizationalform has

Казспецэкспорт?

www.kaspex.kz

III. Why do we need these forms?

In what areas we have these enterprises?

Why do we need this form?

III. Why do we need these forms?

In what areas we have these enterprises?

National Importance

Why do we need this form?Control.

BY GOAL

For profit Legal Entities Non-profit Legal Entities

State Enterprise

Production Cooperative

Business Partnerships

Corporations

Business Unions

Public Associations

Public Funds

Religious Associations

Consumer Cooperatives

Agencies/Учреждения