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ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of April 19, 2021 No. 236

About approval of Rules of provision of the parcel of land in temporary free use under agreements of public-private partnership, including under the agreement of concession for construction, reconstruction and operation of defensive objects

According to subitem 26-26) of Item 2 of article 22 of the Law of the Republic of Kazakhstan of January 7, 2005 "About defense and Armed Forces of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of the parcel of land in temporary free use under agreements of public-private partnership, including under the agreement of concession for construction, reconstruction and operation of defensive objects.

2. To provide to head department of quartering of troops of Armed Forces of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Defence of the Republic of Kazakhstan after its first official publication;

3) the direction of data in Legal department of the Ministry of Defence of the Republic of Kazakhstan on execution of the actions provided by subitems 1) and 2) of this Item within ten calendar days from the date of its first official publication.

3. To impose control of execution of this order on the supervising deputy defense secretary of the Republic of Kazakhstan.

4. Bring this order to officials in the part concerning them.

This order becomes effective after ten calendar days after day of its first official publication.

Minister of Defence of the Republic of Kazakhstan

N. Ermekbayev

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of April 19, 2021 No. 236

Rules of provision of the parcel of land in temporary free use under agreements of public-private partnership, including under the agreement of concession for construction, reconstruction and operation of defensive objects

Chapter 1. General provisions

1. These rules of provision of the parcel of land in temporary free use under agreements of public-private partnership, including under the agreement of concession for construction, reconstruction and operation of defensive objects (further - Rules) determine procedure for provision of the parcel of land in temporary free use by agreements of public-private partnership, including by the agreement of concession for construction, reconstruction and operation of defensive objects.

2. In these rules the following concepts are used:

1) responsible structural division - structural division of authorized state body of the corresponding industry to which functions on accounting of the parcels of land are assigned;

2) the parcel of land - the part of the earth fixed in the procedure established by the Land code behind subjects of land relations allocated in the closed borders;

3) the private partner - the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to the legislation in the field of state-part partnership the signed agreement of public-private partnership;

4) the concessionary - the physical person performing business activity, and (or) the legal entity, except for public institutions and subjects of the quasi-public sector, fifty and more percent of voting shares which signed the agreement of concession (shares in the authorized capital) which directly or indirectly belong to the state (except the organizations for financing of concessionary projects), including performing the activities on the basis of cooperation agreement (particular partnership);

5) the agreement of concession - the written agreement between the concedent and the concessionary determining the rights, obligations and responsibility of the parties, concession sales terms;

6) defensive objects of Armed Forces of the Republic of Kazakhstan - the real estate assigned on the right of operational management to public institutions of Armed Forces of the Republic of Kazakhstan;

7) the agreement of public-private partnership - the written agreement determining the rights, obligations and responsibility of the parties of the agreement of public-private partnership, other terms of the contract of public-private partnership within project implementation of public-private partnership;

8) authorized state body of the corresponding industry - the Ministry of Defence of the Republic of Kazakhstan.

Chapter 2. Procedure for provision of the parcel of land in temporary free use under agreements of public-private partnership, including under the agreement of concession for construction, reconstruction and operation of defensive objects

3. The choice of the parcel of land which is subject to provision in temporary free use under agreements of public-private partnership, including under the agreement of concession is performed by the chief of garrison on representation of the chief of district operational part.

4. Following the results of the choice of the parcel of land which is subject to provision in temporary free use under agreements of public-private partnership, including under the agreement of concession the statement of the choice of the parcel of land, according to appendix to these rules is drawn up.

5. The act of the choice of the parcel of land within five working days from the date of its approval goes to responsible structural division.

6. The responsible structural division within thirty working days from the date of receipt of the approved act of the choice of the parcel of land creates the list of the parcels of land which are subject to provision in temporary free use to the private partner or the concessionary and approves it the first head of authorized state body of the corresponding industry.

7. In case of the Section of the parcel of land which is subject to provision in temporary free use to the private partner or the concessionary the land management project according to requirements of Rules of accomplishment of the land management works on development of the land management project approved by the order of the Minister of national economy of the Republic of Kazakhstan of May 6, 2015 No. 379 is made (it is registered in the Register of state registration of regulatory legal acts at No. 11370).

After approval of the land management project production of the identification document on the parcel of land according to requirements of the Rules of rendering the state service "Production and Issue of Acts on the Parcels of Land" approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 is carried out (it is registered in the Register of state registration of regulatory legal acts at No. 21366).

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