RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 25, 2022 No. 160

About questions of public-private partnership in the Kyrgyz Republic

According to Article 20, part 3 of article 21 of the Law of the Kyrgyz Republic "About public-private partnership", being guided by article 13 of the constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic", the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) Regulations on procedure for preparation of projects of public-private partnership by fund of financing of preparation of projects of public-private partnership according to appendix 1;

2) Regulations on award of projects of public-private partnership by direct negotiations according to appendix 2;

3) Rules of carrying out tender on projects of public-private partnership according to appendix 3;

4) Regulations on procedure for state registration of projects of public-private partnership in the State register of projects of public-private partnership of the Kyrgyz Republic according to appendix 4.

2. Bring in the order of the Government of the Kyrgyz Republic "About determination of authorized bodies in the public-private partnership sphere" of September 14, 2012 No. 616 the following change:

- in Item 2 of the word "and" to exclude economies, to "risk management" shall be replaced with words words to "the budget policy".

3. Bring in the order of the Government of the Kyrgyz Republic "About financing of preparation of projects of public-private partnership" of March 17, 2014 No. 147 the following changes:

"Article 8 of the Law of the Kyrgyz Republic "About public-private partnership in the Kyrgyz Republic" shall be replaced with words 1) in word preamble "the Law of the Kyrgyz Republic "On public-private partnership";

The paragraph third Item 2 to declare 2) invalid;

The Regulations on procedure for preparation of projects of public-private partnership by fund of financing of preparation of projects of public-private partnership approved by the specified resolution to declare 3) invalid;

4) in Regulations on the Fund of financing of preparation of projects of public-private partnership approved by the above-stated resolution:

- in Item 2 "assigned" to exclude the word, after the word "financings" to add with the word of "preparation";

- state Item 6 in the following edition:

"6. Fund is used on the following purposes:

- financing of consulting services in preparation of the project of PPP, including development of the feasibility statement (FS), or other complex assessment of feasibility of the project of PPP, and also need of financing of possible subsequent introduction of changes in them;

- joint financing of the above-stated services in the projects of PPP financed from other sources and also joint financing on completion of projects of the PPP initiated by interested persons.";

- declare Item 7 invalid;

- state Item 8 in the following edition:

"8. Funds for preparation of the project of PPP are compensated by the private partner according to the procedure, the determined agreement on PPP.

If the agreement on PPP cannot be signed with the private partner in the reasons which are not depending on agreement parties about PPP (lack of requests in tender for selection of the private partner, change of structure or asset cost, rates, the state support or policy and other similar reasons), the state partner can address to Fund for receipt of additional financing for entering of necessary changes into the project of PPP and the announcement of new tender. In other cases the state partner at the expense of other sources of financing shall provide recoverability of the means spent for preparation of the project of PPP.";

- in Item 9 "Government" shall be replaced with words the word "Cabinet of Ministers";

- in Item 11:

in paragraphs the second and fifth the word of "investments" shall be replaced with words "economies and commerce";

word in paragraph three "and" to exclude economies;

the fourth to declare the paragraph invalid;

- in Item 17:

the third and fourth to state paragraphs in the following edition:

"-approval of the specification on preparation of the project of PPP or introduction of notes and offers to it;

- approval of the budget on preparation of the project of PPP or introduction of notes and offers for it;";

add with the paragraph the fifth the following content:

"-approval of the project implementation plan of PPP or introduction of notes and offers to it.";

- add Item 18 with the paragraph the second the following content:

"In case of non-execution or lowering of the priority of executability of the project implementation plan of PPP by the state partner the authorized state body in the sphere of PPP has the right to submit for consideration of the Supervisory board question of return of the allocated money on purchase of consulting services.".

4. Bring in the order of the Government of the Kyrgyz Republic "About formation of Council for public-private partnership in the Kyrgyz Republic" of June 16, 2016 No. 328 the following changes:

"According to article 8 of the Law of the Kyrgyz Republic "About public-private partnership in the Kyrgyz Republic" shall be replaced with words 1) in word preamble "according to the Law of the Kyrgyz Republic "About public-private partnership";

2) in Regulations on the Council for public-private partnership in the Kyrgyz Republic approved by the above-stated resolution:

- state item 4 in the following edition:

"4. Are part of Council for position:

- Chairman of the Cabinet of Ministers of the Kyrgyz Republic, chairman of the board;

- Minister of Economy and Trade of the Kyrgyz Republic, vice-chairman of Council;

- Minister of Finance of the Kyrgyz Republic, member of council;

- the director of public institution "Center of public-private partnership" under the Ministry of Economy and Trade of the Kyrgyz Republic, the member of council.".

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