LAW OF THE KYRGYZ REPUBLIC

of February 22, 2012 No. 7

About public-private partnership in the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on January 12, 2012

Article 1. The basic concepts used in this Law

In this Law the following main terms, concepts and their determinations are used:

public-private partnership (further - PPP) - long-term (up to 50 years) interaction of the state and private partners in questions of involvement of the private partner by the state partner to designing, financing, construction, recovery, reconstruction of objects, and also on management of the existing or again created objects, including infrastructure;

the state guarantees - the guarantees provided to private partners and the project companies for the purpose of protection of the investments performed in projects of PPP;

the state support - the state financial support, the state economic support and/or other support directed to creation of favorable and mutually advantageous sales terms of projects of PPP and providing obligations of the state partners in agreements on PPP;

state body on risk management - the representative the Government of the Kyrgyz Republic (further - the Government) the state body performing development of state policy on risk management, connected with projects implementation;

the state partner - state bodies of the executive authority, including the ministries, the state committees, administrative departments and local public administrations, and also executive bodies of local self-government, the state and municipal companies;

infrastructure services - the works and/or services made with use of infrastructure facility;

infrastructure facility - the property or property complex of social, economic or production appointment which are in the state-owned, municipal or private property;

the tender - selection process of the private partner;

the minimum requirements to the project - the minimum mandatory requirements of technical, operational, commercial and other nature necessary for project implementation of PPP developed by the state partner by preparation of the offer on project initiation of PPP and reflected in the tender documentation;

the project of PPP - the complex of relations settled by the agreement on PPP on involvement of the private partner by the state partner to designing, construction, recovery, reconstruction, management of the existing or again created infrastructure facilities;

the project company - the legal entity created according to the legislation of the Kyrgyz Republic in the form of commercial or non-profit organization intended only for project implementation of PPP;

the agreement on PPP - the written agreement between the state and private partners determining the rights, obligations and responsibility of the parties, other sales terms of the project of PPP for the purpose of implementation of certain types of activity in various spheres on the principles of PPP according to the procedure and the forms established by this Law and other regulatory legal acts of the Kyrgyz Republic;

authorized state body - the body created by the Government for the purpose of development of PPP in the Kyrgyz Republic which powers are determined by this Law and other regulatory legal acts of the Kyrgyz Republic;

special funds - the funds created by the Government or the state partners accumulating the financial resources providing and guaranteeing accomplishment by the state partners of agreement obligations about PPP;

stages of PPP - preparation of the project of PPP, selection of the private partner and project implementation of PPP;

the feasibility statement (FS) - carrying out technical, financial, economic, legal and ecological assessment, assessment of key risks and viability of the project of PPP;

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