Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2015 No. 379-V ZRK

About public-private partnership

(as amended on 03-07-2020)

This Law determines legal conditions of public-private partnership, its methods of implementation and governs the public relations arising in the course of preparation and project implementation of public-private partnership, the conclusion, execution and termination of the contract of public-private partnership.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the potential private partner - the private partner applying for participation in tender or in direct negotiations on determination of the private partner;

2) the private partner - the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to this Law, signed the agreement of public-private partnership;

2-1) accounts, intended for transfer of compensation of investment costs, - the bank account opened for the private partner 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 public-private partnership;

3) the organizer of tender or direct negotiations - the state partner performing the organization and carrying out tender or the direct negotiations on determination of the private partner, except as specified, providing measures of the state support and (or) implementation of payments from the government budget when as the organizer of tender or direct negotiations the central state body or local executive bodies of areas, cities of republican value and the capital according to the competence established by this Law acts;

4) payment for availability - the money payment performed at the expense of budgetary funds according to the agreement of public-private partnership for providing operational and quality characteristics of object of public-private partnership, and also availability of the specified object to consumers proceeding from individual technical and economic parameters of object of public-private partnership;

5) state partner - The Republic of Kazakhstan on behalf of which state bodies act public institutions, the state companies and limited liability partnerships, joint-stock companies, fifty and more percent of shares in the authorized capital or voting shares of which directly or indirectly belong to the state, signed the agreement of public-private partnership;

6) public-private partnership - the form of cooperation between the state partner and the private partner corresponding to the signs determined by this Law;

7) advisory support of projects of public-private partnership - the services rendered by the legal entities on support of projects of public-private partnership determined by the Government of the Republic of Kazakhstan or local executive bodies of areas, cities of republican value and the capital, the including developments of the tender documentation of the project of public-private partnership, the draft agreement of public-private partnership, including consulting services in negotiation process between subjects of public-private partnership;

8) the project of public-private partnership - set of the consecutive actions for implementation of public-private partnership realized during the limited period of time and having complete nature according to this Law and the budget legislation of the Republic of Kazakhstan;

9) compensation of investment costs on the project of public-private partnership - the money payments for the account of budgetary funds directed to compensation of certain amount of investment costs according to the agreement of public-private partnership;

10) compensation of operating costs on the project of public-private partnership - the money payments for the account of the budgetary funds directed to expense recovery of the private partner, connected with operation of object of public-private partnership according to the agreement of public-private partnership;

11) the business plan to the project of public-private partnership - the document developed by the potential private partner in case of direct negotiations, providing the description of the purposes, project tasks of public-private partnership, sources of cost recovery and receipt of the income, receivers of benefits from project implementation of public-private partnership, measures of the state support including the description of object of public-private partnership;

12) the company of public-private partnership - the legal entity whose exclusive purpose is project implementation of public-private partnership, the legal entity founded jointly by the state partner and the private partner, or acting, whose single members are the state partner and (or) the private partner;

13) objects of public-private partnership - property, property complexes, designing, construction which creation, reconstruction, upgrade and operation are performed within project implementation of public-private partnership. Works (service) and innovations which are subject to implementation in the project progress of public-private partnership also belong to objects of public-private partnership;

14) subjects of public-private partnership - the state partner and the private partner, and also the other persons participating in the project implementations of public-private partnership provided by this Law;

15) the Center of development of public-private partnership - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for implementation of activities in the field of public-private partnership;

16) 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;

17) the operator - the legal entity if necessary determined by the private partner in coordination with the state partner, not being the agreement party of public-private partnership, performing the activities connected with agreement performance of public-private partnership;

18) the contract of lifecycle - the agreement of public-private partnership providing complete cycle of works on designing, construction, creation, reconstruction, upgrade and operation (including repair and content) object of public-private partnership, realization of manufactured goods, works and services, and also the obligation on ensuring compliance of object of public-private partnership to the established technical and operational indicators during all duration of the agreement of public-private partnership;

19) the operator of industry - the system operator, the national company on subsurface use, the National operator of infrastructure, National railway company, National carrier of freights, National carrier of passengers, the National operator on management of highways, other legal entities performing functions of the national operator or operator in certain industry (sphere) of economy according to the laws of the Republic of Kazakhstan;

20) the service contract - the agreement of public-private partnership providing rendering services within project implementation of public-private partnership including taking into account the features established by the legislation of the Republic of Kazakhstan;

21) the direct agreement - the written agreement signed between the state partner, the private partner and the creditor of the private partner for project implementation of public-private partnership of the special importance.

Article 2. The legislation of the Republic of Kazakhstan in the field of public-private partnership

1. The legislation of the Republic of Kazakhstan in the field of public-private partnership is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

3. Features of legal regulation of public-private partnership in separate industries (spheres) of economy are established by the laws of the Republic of Kazakhstan.

4. Procedures of determination of the private partner, the conclusion, execution and termination of the contract of public-private partnership, and also consumption of certain amount of goods by the state, works and services are performed according to this Law and other regulatory legal acts regulating separate types of public-private partnership without use of the provisions of the law of the Republic of Kazakhstan "About public procurements".

5. The taxation of public-private partnership is performed according to provisions of the tax legislation of the Republic of Kazakhstan.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.