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of July 7, 2006 No. 167-III ZRK

About concessions

(The last edition from 28-12-2018)

This Law determines legal conditions of concession, types of the state support of the concessionary and governs the public relations arising in the course of the conclusion, execution and the termination of agreements of concession.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) authorized state body on budget implementation - the central executive body performing management and cross-industry coordination in the field of budget implementation, conducting financial accounting, the budget accounting and budget reports on execution of the republican budget and within the competence of local budgets, National fund of the Republic of Kazakhstan based on the report of National Bank of the Republic of Kazakhstan;

1-1) authorized bodies on budgetary planning - the central executive body performing management and cross-industry coordination in the field of budgetary planning;

2) objects of social infrastructure and life support - the objects, complexes of objects used for satisfaction of public requirements which ensuring is assigned to state bodies according to the legislation of the Republic of Kazakhstan;

3) private concessionary obligations - obligations assumed by the concessionary under the signed agreement of concession;

3-1) accounts, intended for transfer of compensation of investment costs, - the bank account opened for the concessionary by the creditor with restriction of its right to making of account transactions on it before approach or accomplishment by it of the conditions determined by the agreement of financing under concession of monetary claim and (or) the agreement of concession;

4) the concedent - the state bodies of the Republic of Kazakhstan which signed contracts of concession according to this Law and (or) the direct agreement with creditors of the concessionary;

5) 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);

6) concession - the activities directed to creation (reconstruction) and operation of subjects to concession, performed at the expense of means of the concessionary or on the terms of joint financing by the concedent;

7) the organizer of tender on concession (further - the organizer of tender) - the state body performing carrying out tenders at the choice of the concessionary;

8) the concessionary project - set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and this Law. Concessionary projects can be referred to category of concessionary projects of the special importance which list is determined by the Government of the Republic of Kazakhstan.

Criteria of reference of concessionary projects to category of concessionary projects of the special importance are determined by authorized body by state planning;

9) advisory support of concessionary projects - the services rendered by the legal entities on support of concessionary projects determined by the Government of the Republic of Kazakhstan or local executive bodies, documentation including development competitive, draft agreements of concession, rendering consulting services in negotiation process of the commission with the participant of tender;

10) joint financing of concessionary projects - allocation of budgetary funds for financing of certain amount of costs for creation (reconstruction) of subjects to concession;

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