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On Concessions

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 7 July 2006 No. 167.

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      Unofficial translation
      Footnote. Throughout the whole text the words “authorised state body on economic planning”, “Authorised state body on economic planning”, “by an authorised state body on economic planning” are respectively substituted by the words: “authorised body on state planning”, “Authorised body on state planning”, “by authorised body on state planning” by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010).

      This Law determines legal conditions of concessions, types of a state support of concessionary and regulates social relations, arising during conclusion, execution and termination of concession agreements.

      Footnote. The Preamble as amended by Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used in this Law:

      1) an authorised state body on budget performance – a central executive body, carrying out management and cross-sector coordination in the field of performance of budget, maintaining of accounting, budgetary accounting and budgetary reporting on performance of republican budget and within its competence of local budgets, National fund of the Republic of Kazakhstan on the basis of report of the National Bank of the Republic of Kazakhstan;

      1-1) the authorized body on budget planning is the central executive body that exercises leadership and inter - sectoral coordination in the area of ​​budget planning;

      2) social and vital infrastructure facilities – facilities, complexes of facilities, used for satisfaction of public needs, securing of which imposed on state bodies in accordance with the legislation of the Republic of Kazakhstan;

      3) private concessionary obligations – obligations on concluded concession agreement, accepted by a concessionary;

      4) the concession provider is the Republic of Kazakhstan, on whose behalf the Government of the Republic of Kazakhstan or the local executive body acts, as well as the state bodies authorized by them for concluding a concession agreement and in the cases provided for by this Law, direct agreement with the concessionaire’s creditors;

      5) concessionaire is a individual who carries out entrepreneurial activity and (or) a legal entity, with the exception of state institutions and subjects of the quasi-public sector, who has concluded a concession agreement, fifty or more percent of voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the state (- except for organizations that finance concession projects), including those that carry out their activities on the basis of a joint activity agreement (simple partnership);

      6) a concession – an activity, aimed at establishment (reconstruction) and operation of concession facilities, and carried out at expense of concessionary funds or on conditions of co-funding by a concession provider;

      7) tender organizer on concession (hereinafter – tender organizer) – a state body that carries out tendering process at the choice of concessionary;

      8) concession project - a set of activities for the implementation of a concession that is realized for a limited period of time and is of a completed nature, in accordance with the budget legislation of the Republic of Kazakhstan and this Law. Concession projects can be classified as concession projects of special significance, the list of which is determined by the Government of the Republic of Kazakhstan.

      The criteria for assigning concession projects to the category of concession projects of special significance are determined by the authorized body on state planning body.

      9) advisory monitoring of concession projects - services provided by legal entities to accompany concessionary projects determined by the Government of the Republic of Kazakhstan or local executive bodies, including the development of concession proposals, tender documents, draft concession agreements, provision of consulting services in the negotiation process of the commission with the bidder;

      10) co-financing of concessionary projects – an allocation of budget funds for financing of certain volume of expenses for establishment (reconstruction) of concession facilities;

      11) feasibility study of the concessionary project (hereinafter - feasibility study) - pre-project documentation containing the results of marketing, technical and technological, socio-economic and environmental studies, as well as institutional decisions, financial decisions that justify the feasibility and feasibility of the concession project , decisions on risk assessment and distribution between participants in the concession project, identification of types and amount of state support in the case of necessity, as well as the impact of the project on the state budget and the social and economic effect on the development of the economy as a whole and its industry in its implementation;

      12) concession proposal - the concept of a concession project, reflecting its purpose, ways of achieving it, measures of state support, sources of cost recovery and receipt of incomes of the concessionaire, including a set of relevant measures, as well as justifying the feasibility and feasibility of concessionary project, developed by the state body, involving legal persons on advisory support of concession projects defined by the Government of the Republic of Kazakhstan or local executive bodies;

      13) a specialized organization in the matters of concession – an organization, established by the Government of the Republic of Kazakhstan for rendering of services in the matters of concession;

      14) concession facility –facilities of social and vital infrastructures, included into the list, which shall be established (reconstructed) and operated under a concession agreement;

      15) establishment of concession facility – the establishment of new concession facility in the territory of the Republic of Kazakhstan, as well as on the basis of new technologies, mechanization and automation of production, installation of new production equipment on concession facility, performance of other types of works, securing functioning of concession facility;

      16) operation of concession facility – the use of concession facility by a concessionary in accordance with intention of concession facility, as well as for the purpose of production of commodities and (or) performance of works, and (or) rendering of services, in the manner and on conditions, determined by concession agreement;

      17) reconstruction of concession facility – the change of separate premises, other building parts or building in general, by carrying out of actions on reconstruction on the basis of adoption of new technologies, mechanization and automation of production, modernization and replacement of technically outdated and (or) worn equipment by more productive new equipment, as well as change of technological or functional purpose of concession facility or its particular parts, other actions on improvement of performance and operational properties of concession facility;

      18) a concession agreement – a written agreement between concession provider and concessionary, determining rights, obligations and liability of the parties, conditions of realization of concession;

      19) is excluded by Law of the Republic of Kazakhstan № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      20) the authorized body on state planning is the central executive body that exercises leadership and cross-sectoral coordination in the field of strategic and economic planning;

      21) an authorised body on exercise of right of disposition of republican property – a state body, performing the special executive and control functions within its competence in the field of management of facilities of republican property, privatization and state monitoring of the property, in the branches (spheres) of economy, having strategic importance;

      22) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);

      23) an authorised state body of the relevant branch – a central executive body that carries out management of the relevant branch (sphere) of a state administration;

      24) list - the list of objects proposed for concession or for a medium-term period, approved by the authorized body on state planning body, if the objects are republican property, or maslikhats of oblasts, cities of national importance and the capital, if the objects are communal property;

      25) direct agreement - a written agreement concluded between the concession provider, concessionaire and creditors of the concessionaire for the implementation of concession projects of special significance in accordance with the provisions of Article 26-2 of this Law.

      Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 209-V dated 12.06.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 2.The legislation of the Republic of Kazakhstan on concessions

      1. Legislation of the Republic of Kazakhstan on concessions is based on the Constitution and consists of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Public-Private Partnership”, this Law and other normative legal acts of the Republic of Kazakhstan.

      Note of the RCLI!
      The second part of Paragraph 1 is provided in the new wording of Law of the Republic of Kazakhstan No 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after the day of its first official publication).

      Provisions of this Law shall not extend to relations, related to concession in the field of subsoil use. Relations, related to concession in the field of subsoil use shall be regulated and carried out in accordance with the Law of the Republic of Kazakhstan On Subsoil and Subsoil Use.

      Concession with application of project financing shall be regulated and carried out in accordance with this Law and in compliance with requirements, provided by the Law of the Republic of Kazakhstan On Project Financing and Securitization.

      2. If an international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those, contained in this Law, the rules of an international treaty shall be applied.

      Footnote. Article 2 as amended by Law of the Republic of Kazakhstan No. 539-IV dated 12.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication). № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 3. Basic principles of concession

      An activity, related to concession shall be based on the following basic principles:

      1) publicity and accountability of activity of concession provider and concessionary;

      2) securing a balance of interests and risks of concession provider and concessionary;

      3) securing rights and legal interests of consumers of commodities (works, services), provided by a concessionary, according to concession agreement;

      4) perfect competition;

      5) equality of all the potential concessionaries and non-admission of discrimination.

      Footnote. Article 3 as amended by Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 4. Scope of application of concession

      Objects of social infrastructure and life support in all sectors (spheres) of the economy can be transferred to the concession, except for objects whose list is determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 4 in the new wording of Law of the Republic of Kazakhstan № 86-VI dated 03.07.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Property right under concession agreement

      1. Immovable and movable property that is a state property, exclusive rights related to carrying out of activity on concession facilities shall be provided for a temporary use and possession of concessionary in the manner, prescribed by concession agreement.

      2. Improvements, carried out on concession facilities, as well as facilities of incomplete construction and property right on the results of intellectual creative activity arising during execution of terms of concession agreement shall be transferred into state property, unless otherwise provided by concession agreement.

      3. Concession facilities, created in the result of execution of terms of concession agreement shall be transferred into state property after their establishment, unless otherwise provided by concession agreement.

      4. Production and other incomes, gained by a concessionary in the result of operation of concession facilities, shall be his (her) property, unless otherwise provided by concession agreement.

      5. Concession facilities may not act in the capacity of a pledge within validity period of concession agreement.

      6. Concession facilities shall not be subject to alienation within validity period of concession agreement.

      7. A concessionary shall bear a risk of accidental loss or accidental injury of a state property, transferred to him (her) in possession and use under concession agreement, as well as a property, originated in the result of execution of concession agreement, unless otherwise provided by concession agreement.

      8. During the co-funding of concessionary project and (or) payment of recovery of expenses by concession provider to concessionary, a concession facility shall be transferred into state property.

      Footnote. Article 5 is in the wording of Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Transfer of rights to land plots to concessionary

      In accordance with the land legislation of the Republic of Kazakhstan, the land use rights may be transferred to concessionary in order to realize concession agreement.

Article 7. Sources of compensation for expenses and acquisition of incomes of concessionary

      1. The sources of compensation for expenses and acquisition of income of concessionary shall be:

      1) sales of manufactured commodities (works, services) during operation of concession facility;

      2) subsidy from the state in cases, established by the Laws of the Republic of Kazakhstan;

      3) compensation for investment expenses of concessionary in accordance with the budget legislation of the Republic of Kazakhstan;

      4) compensation for operating expenses of concessionary within volumes of expenses on maintaining of social and vital infrastructure facilities in the relevant branch (sphere) of economy;

      5) fee for carrying out of management of concession facility being in state property, as well as lease payment for use of concession facility, being in property of concessionary, in accordance with the budget legislation of the Republic of Kazakhstan;

      6) payment for accessibility of concession facility.

      2. The payment for the availability of the concession object is carried out in accordance with the procedure determined by the authorized body on budget performance, and includes payments at the expense of budgetary funds provided for by subparagraphs 3), 4) and 5) of paragraph 1 of this article, made in the form of unified payments by certain shares of the total amount of payments during the entire term of the concession project, taking into account the concessionaire’s technical and operational characteristics of the concession object.

      3. The payment for accessibility of concession facility may be applied only in relation to concessionary projects, related to the category of socially important projects.

      4. The sources of compensation for expenses and acquisition of incomes of concessionary shall be determined on the basis of results of tender on a choice of concessionary.

      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 1-1. PUBLIC PRIVATE PARTNERSHIP

      Footnote. Article 1-1 is excluded by Law of the Republic of Kazakhstan № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. GOVERNMENT REGULATION IN THE FIELD OF CONCESSION

Article 8. Powers of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan in the field of concession shall:

      1) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);
      2) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      3) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      4) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      4-1) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      4-2) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      5) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      6) is excluded by Law of the Republic of Kazakhstan № 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      6-1) defines legal entities for consultative support of concession projects;

      6-2) defines the organizations for financing concession projects;

      6-3) approves the list of concession projects of special significance;

      7) establish a specialized organization on the issues of concession;

      7-1) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      7-2) is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      7-3) approves the rules for payment of rent for the use of the concession object;

      8) excluded by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010);

      9) carry out other functions, provided by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 8 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 539-IV dated 12.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 209-V dated 12.06.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 9. Powers of an authorised body on state planning

      An authorised body on state planning shall:

      1) involves a specialized organization on concession matters, with the exception of cases specified in sub-item 3-2) of Article 13 of this Law, for the conduct of:

      examination of concession proposals; examination of the tender documentation, including when making changes and additions to it;

      examination of concession applications submitted by tender participants in the course of a tender for the selection of a concessionaire;

      examination of draft of concession agreements, including when making changes and additions to concession agreements;

      examination of the proposals of the concessionaire for obtaining the guarantee of the state;

      evaluation of the implementation of concession projects;

      2) forms and approves the list of objects offered in the concession for the medium-term period, belonging to the republican property;

      3) agrees on the tender documentation and concession agreements, including when making changes and additions to them, except for the cases established by subparagraph 3-3) of Article 13 of this Law;

      4) excluded by Law of the Republic of Kazakhstan No. 495-IV dated 24.11.2011 (shall be enforced upon expiry of ten calendar days after its first official publication);

      5) approves the methodology for determining the cost of the concession object and the total cost of state support for concessionaire activities and sources of cost recovery;

      6) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);

      7) determine the requirements to expert examination of concessional proposals, tender documentation, as well as during amending and modifying it, concessional applications provided by tenderers during the tendering process on a choice of concessionary, and draft concession agreements, as well as during amending and modifying concession agreements;

      7-1) carry out cross-sector coordination and technical guidance in the field of organizing concessional projects;

      7-2) direct the results of evaluation of concessional projects to an authorised state body on carrying out of the right of disposition of republican property for entering data into register of concession agreements on concession facilities, related to republican property;

      7-3) forms limits of state concession obligations of the Government of the Republic of Kazakhstan and local executive bodies;

      7-4) maintains a register of concession agreements;

      7-5) approves the rules for holding a tender for the selection of the concessionaire;

      7-6) approves the rules for the submission, consideration and selection of concession projects;

      7-7) approves standard concession agreements in various sectors (spheres) of the economy;

      7-8) approves the rules for monitoring the concession agreements, monitoring and evaluation of the implementation of concession projects;

      7-9) approves the criteria for classifying concessionary projects as socially significant;

      7-10) approves the criteria for assigning concessionary projects to the category of concession projects of special significance;

      8) carry out the other functions, provided by this Law, other Laws, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 9 is in the wording of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); as amended by Law of the Republic of Kazakhstan No. 495-IV dated 24.11.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 10. Powers of an authorised state body on budget performance

      An authorised body on budget performance shall:

      1) approves the list of objects offered in the concession for the medium-term period, related to the republican property;

      2) agree a tender documentation and draft concession agreement, as well as during amending and modifying it, in respect of facilities, related to republican property;

      3) conclude agreements of state guarantees and sureties of the state on concession agreements, as well as keep a register of issued state guarantees and sureties of the state on concession agreements;

      4) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);

      5) register state concessional obligations;

      6) excluded by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010);

      7) determine the procedure for transfer of concession facilities in possession and use of concessionary, being in state property;

      7-1) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);

      7-2) approves the rules for maintaining the register of concession agreements , state guarantees and warrant provided by the state in consultation with the authorized state planning body;

      7-3) approves the rules for payment of compensation for operating costs in coordination with the authorized body on state planning;

      7-4) approves the rules for providing compensation for investment costs for concession projects in agreement with the authorized body on state planning;

      7-5) approves the rules for payment of remuneration for the management of the concession object in agreement with the authorized body for state planning;

      8) carry out the other functions provided by this Law, other Laws, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 10 is in the wording of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Laws of the Republic of Kazakhstan No. 97-IV dated 04.12.2008 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 495-IV dated 24.11.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10-1. Authorities of the authorized body on budget planning

      The powers of the authorized body on budget planning include:

      1) issues on financing consultative support for the concession project, development of concession proposals, tender documentation for consideration by the Republican Budget Commission;

      2) issues the questions on acceptance of state concession obligations of the Government of the Republic of Kazakhstan for consideration by the Republican Budget Commission;

      3) performances of other functions provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by article 10-1 in accordance with Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 11. Powers of an authorised state body on exercise of the rights of disposal of republican property

      An authorised state body on exercise of the right of disposal of republican property shall:

      1) is excluded by Law of the Republic of Kazakhstan No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      2) keep a register of concluded concession agreements on concession facilities, related to republican property;

      3) carry out monitoring of concession agreements on concession facilities, related to republican property, within its competence and direct the results of monitoring to an authorised body on state planning;

      4) coordinate concessionary projects in case, provided by the budget legislation of the Republic of Kazakhstan;

      5) take facilities into republican property, established on the basis of concession agreements;

      6) determine the procedure for taking concession facilities into state property;

      7) carry out the other functions provided by this Law, other Laws, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 11 is in the wording of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 12. Powers of an authorised state body of the relevant branch

      An authorised state body of the relevant branch shall (be):

      1) form concessional proposals on facilities, related to republican property, subject to proposals, introduced by individuals and legal entities in the procedure of private initiative in accordance with Article 15-1 of this Law;

      2) a tender organizer in respect of concession facilities, related to republican property and provided in paragraph 2 of Article 16 of this Law;

      3) conclude concession agreement on concession facilities, related to republican property and provided in paragraph 2 of Article 16 of this Law on the basis of commission decision;

      4) monitor the implementation of concession projects and sends the results of monitoring to the authorized body on state planning for the implementation of the evaluation of the implementation of the concession project;

      5) provide information to an authorised state body on exercising the right of disposal of republican property on concluded concession agreements;

      6) organize a transfer to republican property of facilities established on the basis of concession agreements;

      7) organize engaging of new concessionaries by open tendering process on a choice of concessionary in case of pre-term termination of previously concluded concession agreement on concession facilities, related to republican property;

      8) involve, if necessary, legal entities for the consultative support of concession projects defined by the Government of the Republic of Kazakhstan or local executive body, financing of which is carried out in accordance with the budget legislation of the Republic of Kazakhstan;

      9) carry the other functions provided by this Law, other Laws, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (the order of enforcement see Article 2); dated 02.04.2010 No. 263-IV (shall be enforced from 01.01.2010); dated 04.07.2013 No. 131-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2013 № 150-V (shall be enforced from 01.01.2014); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 13. Powers of local executive bodies of regions (city of republican significance, capital)

      Local executive bodies of regions (city of republican significance, capital) within their competence shall:

      1) is excluded by Law of the Republic of Kazakhstan No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      2) make proposals to tender organizer in respect of concession facilities, related to republican property, for solution of issues, related to adherence of social economic and ecological interests of population of the relevant region, during conclusion of concession agreement;

      3) keep a register on concluded concession agreements on concession facilities, related to municipal property;

      3-1) determines the legal persons for the consultative support of concession projects, as well as for carrying out expert examinations in the cases specified in subparagraph 3-2) of this article;

      3-2) for concession objects related to communal property, in case the cost of creation (reconstruction) of the concession object is up to 4,000,000 monthly calculation indicators, in the person of local authorized body on state planning prepare opinions on:

      concessionary offers;

      competitive documentation, including when making changes and additions to it;

      concession bids submitted by tender participants in the course of a tender for the selection of a concessionaire;

      draft concession agreements, including when making changes and additions to concession agreements.

      Local authorized bodies on state planning, if necessary, may be engaged by legal entities determined by local executive bodies of oblasts, cities of republican significance, the capital, for examination of documents provided by this subparagraph;

      3-3) on the concession objects relating to the municipal property represented by the local authorized body on state planning, agree on the tender documentation and concession agreements, including when making changes and additions to them, if the cost of creating (reconstructing) the concession object is up to 4 000 000 monthly calculation indicators;

      4) establish and approve provision on commission in respect of concession facilities, related to municipal property;

      5) be tender organizers in respect of concession facilities, related to municipal property and provided in a list;

      6) conclude concession agreement on concession facilities, related to municipal property and provided in a list, on the basis of decision of commission;

      7) carry out monitoring of concession agreements on concession facilities, related to municipal property, control of their execution and direct the results of monitoring and control to an authorised body on state planning;

      8) take into municipal property the facilities established on the basis of concession agreements;

      9) organize engaging of new concessionaries by open tendering process on a choice of concessionary in case of pre-term termination of previously concluded concession agreement on concession facilities, related to municipal property;

      10) carry out the other powers, assigned on local executive bodies on behalf of a local state administration by the legislation of the Republic of Kazakhstan.

      Footnote. Article 13 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 14. State support of activity of concessionaries

      1. One or several of the following types of state support may be provided in order to support activity of concessionaries:

      1) sureties of the state on revenue-yielding bonds within

      2) state guarantees on loans, engaged for financing of concessionary projects;

      3) transfer of exclusive rights on intellectual property, owned by the state to concessionary;

      4) provision of the grants in kind in accordance with the legislation of the Republic of Kazakhstan;

      5) co-funding of concessionary projects;

      6) guarantees the consumption by the state of a certain volume of goods (works, services) produced during the implementation of the concession project.

      7) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 131-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      2. During establishment of concession facility, that shall not be subject to transfer into state property, the measures of state support, provided by sub-paragraphs 1), 2) and 5) of paragraph 1 of this Article may not be provided to concessionary.

      2-1. Legislation of the Republic of Kazakhstan on public procurement shall not extend to legal relationships, regulated by subparagraph 6) of paragraph 1 of this Article.

      3. The total value of state concession obligations provided by subparagraph 3) of paragraph 1 of Article 7 and subparagraphs 1), 2), 3), 4) and 5) of paragraph 1 of this article shall not exceed the cost of the creation (reconstruction) of the concession object within the framework of concession agreement.

      Footnote. Article 14 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 97-IV dated 04.12.2008 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 3. TRANSFER OF FACILITIES INTO CONCESSION

Article 15. Procedure for transfer of facilities into concession

      1. Provision of facilities into concession shall be carried out in four stages:

      selection of concessional proposals;

      formation of a list;

      tendering process on a choice of concessionary;

      determination of concessionary and conclusion of concession agreement.

      2. Compulsory condition for providing the surety of the state to concessionary shall be floatation of revenue-yielding bonds on a stock-market of the Republic of Kazakhstan.

      Footnote. Article 15 is in the wording of Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
     

Article 15-1. Formulation of concessional proposals

      Footnote. Article 15-1 is excluded by Law of the Republic of Kazakhstan No. 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 15-2. Development or adjustment, as well as the necessary expertise of competitive documents of concession projects

      1. For the concession projects approved by the budget commissions contained in the concession proposals, development or adjustment of the competitive documents of the concession projects is carried out.

      2. For the projects which have developed design estimates, as well as being technically simple, implemented on the basis of standard designs, typical design solutions and re-use projects, feasibility study are not required.

      The binding of the available design and estimate documentation to a specific site of the concession object is carried out by the tender organizer within the development or adjustment of the tender documentation or the concessionaire, taking into account the marketing and financial and economic parameters of the concession project in accordance with the terms of the tender documentation.

      3. The development of a feasibility study for a concession project for projects that are technically complex and (or) unique is carried out by a potential concessionaire in the case of a tender for the selection of a concessionaire using two-stage procedures or by the authorized body of the relevant industry or local executive body in the event of a tender of choice concessionaire without the use of two-stage procedures.

      4. The feasibility study contains the results of the realizability and the effectiveness of the concession project, based on an economic analysis of benefits and costs.

      In the event of a change in the established technical and economic parameters of the concession project entailing a change in technical solutions and additional costs, the authorized state body of the relevant industry and local executive bodies shall carry out the adjustment of the feasibility study, followed by the necessary expertise in accordance with the legislation of the Republic of Kazakhstan.

      5. After carrying out the necessary examinations of the developed or corrected tender documentation of the concession project, the authorized body on state of the relevant industry shall send it to the authorized state planning body for examination, except for the cases specified in subparagraph 3-2) of Article 13 of this Law.

      6. The authorized body on state planning shall involve a specialized organization on concession issues for examination of the developed or adjusted tender documentation of the concession project, except for cases specified in subparagraph 3-2) of Article 13 of this Law.

      7. The specialized organization on concession matters and legal entities specified in subparagraph 3-2) of Article 13 of this Law shall be liable in accordance with the laws of the Republic of Kazakhstan for the quality of expertise of the proposed solutions for the implementation of the concession project.

      8. The authorized body on state planning sends the judgment, the present article specified in point 6, to authorized public authority of the relevant branch if the project republican and also to local executive bodies of areas, cities of republican value, the capital if the project local.

      9. The authorized body on budget planning on the basis of the application of authorized public authority of the relevant branch coordinated with authorized body on budget implementation, and the positive judgment, specified in paragraph 6 of the present article, the adoption of the state concession obligations containing recommendations of an opportunity forms the conclusions according to competitive documentation of concession projects and submits them for consideration of the Republican budgetary commission.

      10. The local authorized body on state planning on the basis of the positive judgment, the present article specified in point 6, the adoption of the state concession obligations containing recommendations of an opportunity, forms the conclusions according to competitive documentation of concession projects and submits them for consideration of the relevant budgetary commission.

      11. The conclusions of examinations of the developed or corrected tender documentation of the concessionary project according to which within three years after his statement the concession agreement isn't signed are considered become invalid.

      Footnote. Chapter 3 is supplemented by Article 15-2 in accordance with Law of the Republic of Kazakhstan No 263-IV dated 02.04.2010 (shall be enforced since 01.01.2010); in the new wording of Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); as amended by Laws of the Republic of Kazakhstan № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
     

Article 16. Formation of a list

      1.The list is formed by the central authorized body on state planning on the objects relating to republican property and authorized bodies of area, city of republican value, the capital on state planning on the subjects to concession relating to municipal property on the basis of the positive judgment of competitive documentation of concession projects and according to strategic and program documents of the Republic of Kazakhstan, with investment opportunities of republican and (or) local budgets annually for a period of three years on the sliding basis.

      2. A list shall consist of two chapters:

      1) existing facilities of the state property, the reconstruction and operation of which will be carried out on the basis of concession agreement;

      2) facilities, the establishment and operation of which will be carried out on the basis of concession agreements.

      3. Is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014).

      4. In relation to facilities, that are not included into a list, the relevant notifications shall be directed to state bodies, provided the relevant proposals, with a motivated justification of their non-admittance.

      5. Concession facilities, that are not transferred into concession shall be included into the relevant list, formed on the next medium-term period.

      Footnote. Article 16 is in the wording of Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Law of the Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 17. Content of tender documentation

      1. A tender organizer shall provide to all potential concessionaries a tender documentation, agreed with an authorised body on state planning in the case prescribed by subparagraph 3) of Article 9 of this Law, and an authorised state body on a budget performance in the cases, prescribed by subparagraph 2) of Article 10 of this Law, and contained the following information:

      1) requirements to documents, that shall be provided by potential concessionaries in confirmation of their conformity of presented qualification requirements;

      2) the feasibility study, except for the cases established by subparagraphs 2-1) and 2-2) of the present point;

      2-1) the design, an estimate documentation and the concession offer in the cases specified in paragraph 2 of article 15-2 of the present Law;

      2-2) the concession offer in case of holding a competition in the choice of the concessionaire with use of two-stage procedures;

      3) location of facility, suggested for a transfer into concession;

      3-1) possible types and volumes of the state support of activity of concessionaires and also sources of compensation of expenses and income generation of the concessionaire for this concession project;

      4) draft concession agreements developed on the basis of standard form agreement;

      5) description of all criteria, including obligations on a local content, on the basis of which a winning concessional application will be determined, as well as specific value of each of these criteria, description of criterion and comparison of concessional applications;

      6) currency or currencies, in which the cost of concession facility shall be expressed, and the rate, which will be applied for adjusting the cost of concession facility to a common currency for the purpose of their comparison and evaluation;

      7) requirements to the language of composition and submission of concessional applications in accordance with the legislation of the Republic of Kazakhstan on languages;

      8) relevant notice on the right of potential concessionary to change or withdraw an application prior to expiration of deadline for submission of applications;

      9) method, place and deadline of submission of applications (but not later than fifteen hours of local time of the work day) and their period of validity;

      10) relevant notice on the right of potential concessionary to provide the part of application, that shall specify the cost of concession facility, directly at the moment of opening of envelops with tender applications;

      11) methods, through which a potential concessionary may ask an explanation on the content of tender documentation, and notice on intension of tender organizer to hold a meeting with potential concessionaries at this stage, that shall be held in the open form and shall be minuted;

      12) conditions of introduction and content of a tender application, as well as conditions of provision of a tender application securing;

      13) place, date and time of opening of envelops with tender applications (but not later than two hours from the moment of expiration of the deadline of tender applications’ submission);

      14) procedures, used for opening of envelops with tender applications and their consideration.

      15) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014).

      2. A tender organizer shall have the right to charge for provided tender documentation that is not exceeding actual expenses on copying a tender documentation.

      3. A potential concessionary shall have the right to address a request on explanation of provisions of tender documentation, but not later than thirty calendar days until the deadline of the tender applications’ submission. A tender organizer shall be reply to a request within three days from the moment of request registration and inform this explanation to all potential concessionaries, to whom a tender organizer provided a tender documentation, without specifying from whom request has come.

      In case of repeated tendering process, a potential concessionary shall have the right to address a request on explanation of provisions of a tender documentation, but not later than fifteen calendar days until the deadline of the tender applications’ submission.

      4. A tender organizer shall have the right to amend and (or) modify a tender documentation by formalization of a minutes, not later than twenty calendar days until the deadline of submission of the tender applications in its discretion or in reply to request of potential concessionary, and in case of repeated tendering process – within ten calendar days. Amendments and modifications shall be binding.

      A tender organizer shall provide without consideration a text of introduced amendments and (or) modifications to all potential concessionaries, to whom a tender documentation is provided, not later than one business day from the date of adoption of decision on introduction of amendments and (or) modifications in a tender documentation. The deadline of submission of tender applications shall be extended by a tender organizer for the period of not less than thirty calendar days for consideration of these amendments and (or) modifications in tender applications by potential concessionaries, and in case of repeated tendering process – for the period of not less than fifteen calendar days.

      5. A tender organizer shall have the right to hold a meeting with potential concessionaries for explanation of provisions of tender documentation in a certain place and in relevant time, mentioned in a tender documentation. A tender organizer shall draw up a minute, containing requests presented on explanation of tender documentation without specifying of their source, during this meeting, as well as reply to these requests. A minute shall be immediately directed to commission and all potential concessionaries, to which a tender organizer provided a tender documentation.

      6. Tender documentation shall be approved by a tender organizer.

      Footnote. Article 17 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 97-IV dated 04.12.2008 (see Article 2 for the order of enforcement); No. 233-IV dated 29.12.2009 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 18. Specified qualification requirements to potential concessionary

      1. A potential concessionary shall conform to the following requirements for participation in tender on a choice of concessionary:

      1) to have required financial and material resources for fulfilment of obligations under concession agreement;

      2) to be financially reliable, not subject to liquidation, his (her) property shall not be seized, his (her) finance and economic activity shall not be suspended in accordance with the legislation of the Republic of Kazakhstan;

      3) shall not be liable brought to responsibility for failure or improperly fulfilment of obligations on concession agreements concluded within the last three years on the basis of court decision, entered into force;

      4) to have own means making not less than ten percent from the cost of creation (reconstruction) of a subject to concession.

      Own means are understood as the equity, money and other assets belonging to the potential concessionaire which are directly involved in implementation of the concession project.

      5) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014);

      6) is excluded by Law of the Republic of Kazakhstan No. 97-IV dated 04.12.2008 (see Article 2 for the order of enforcement).

      1-1. If a potential concessionary is a new legal entity, established in order to realize concessionary projects by individuals and (or) legal entities, then:

      1) a potential concessionary shall conform to qualification requirements, provided by subparagraph 1) of paragraph 1 of this Article;

      2) the legal entities, acting as founders of a new legal entity, shall conform to requirements of subparagraphs 2), 3) and 5) of paragraph 1 of this Article;

      3) total equity capital of individuals and (or) legal entities that established new legal entity, shall conform to conditions of subparagraph 4) of paragraph 1 of this Article.

      2. A potential concessionary shall provide the relevant documents to tender organizer in confirmation of conformity to qualification requirements, provided by paragraph 1 of this Article.

      Legal entities, for which a mandatory conduct of an audit is established by the legislative acts of the Republic of Kazakhstan, shall also provide an auditor's report for the last financial year.

      In case, if the receipt of state guarantee and (or) sureties of the state shall be provided, a potential concessionary shall have a net profit for the last finished financial year or any two of last three finished financial years, according to a financial statement confirmed by auditor's report, with the exception of cases, when a potential concessionary is a new legal entity, established in order to realize a concessionary project by several individuals or legal entities.

      3. The potential concessionaire in case of granting unreliable information to them according to qualification requirements isn't allowed to participation in a competition in definition of the private partner in all types of public-private partnership within three years from the moment of establishment of such fact.

      Reliability of information on qualification requirements, provided by potential concessionary may be established by a commission, tender organizer, authorised state bodies at any stage of tendering process on a choice of concessionary.

      3-1. A commission, tender organizer, authorised state bodies that established the fact of provision of unreliable information on qualification requirements by potential concessionary shall notify about this to an authorised body on state planning in written with attachment of copies of the documents, confirming these facts, not later than three business days from the date of establishment of this fact.

      3-2. In case of participation in tender on a choice of concessionary of associations of individuals and (or) legal entities in a form of simple partnership, each of mentioned persons shall conform to qualification requirements, provided by subparagraphs 1), 2), 3) and 4) of paragraph 1 of this Article on sum of finance and material resources of all participants of a simple partnership.

      4. A tender organizer shall have not the right to specify the qualification requirements to concessionary that are not provided by this Law. A potential concessionary shall have the right not to provide information, that is not related to qualification requirements.

      5. A tender organizer during tendering process on a choice of concessionary by implementation of qualified selection shall define the compliance of the potential concessionary to the qualification requirements mentioned in paragraph 1 of this article.

      Footnote. Article 18 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 97-IV (dated 04.12.2008 see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V (dated 03.12.2013 shall be enforced from 01.01.2014); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day its first official publication); No 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 18-1. Securing of tender applications

      1. Securing of tender application shall be introduced by potential concessionary in order to guarantee, that he (she):

      1) will not recall or change and (or) supplement his (her) tender application after the expiration of deadline of submission of these tender applications;

      2) is excluded by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014).

      3) will conclude concession agreement in case of defining him (her) as a winner of tender.

      2. Securing of tender application for participation in tender shall be introduced in amount of one tenth percent of the value of creation (reconstruction) of concession facility within the concession agreement.

      3. A potential concessionary shall not introduce securing of tender application, if he (she) takes participation at the first stage of tender on a choice of concessionary in connection with two-stage procedures.

      4. A potential concessionary shall have the right to choose one of the following types of securing of tender application:

      1) guarantee fee, that shall be contributed on account, provided by the budget legislation of the Republic of Kazakhstan for tender organizers, that are the state bodies;

      2) bank guaranty.

      Commission by potential concessionary of actions, that may lead to creation of third parties of the rights to claim in relation to a contributed guarantee fee in whole or in part before the expiration of validity of his (her) tender application shall not be allowed.

      Use of guarantee fee, contributed by potential concessionary by a tender organizer shall not be allowed, with the exception of actions, mentioned in paragraphs 6 and 7 of this Article.

      5. Securing of tender application shall not be returned by a tender organizer in occurrence of one of the following cases:

      1) a potential concessionary recalled or changed and (or) supplemented tender application after the deadline of submission of tender applications;

      2) a potential concessionary, defined as a winner of tender deviated from conclusion of a concession agreement.

      6. In occurrence of one of the cases, provided by paragraph 5 of this Article, the amount of securing of tender application shall be paid to appropriate budgets.

      7. A tender organizer shall return to a potential concessionary a securing of tender application, contributed by him (her) within three business days from the date of occurrence of the following cases:

      1) recall by a potential concessionary of his (her) tender application before the deadline of submission of tender applications;

      2) signing of a minute on access to participation in tender. Mentioned case shall not extend to potential concessionaries, recognized as tenderers;

      3) signing of minutes on results of tender on a choice of concessionary. Mentioned case shall not extend to tenderer, determined as a winner of tender;

      4) entry into force of concession agreement;

      5) expiration of validity of a tender application of potential concessionary.

      Footnote. Chapter 3 is supplemented by Article 18-1 in accordance with Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014).

Article 18-2. Restrictions, related to participation in tender on a choice of concessionary

      1. A potential concessionary shall have no right to participate in conducted tender, if:

      1) close relatives, husband (wife) or in-laws of heads of this potential concessionary and (or) of authorised representative of this potential concessionary hold the right to decide on a choice of concessionary or are a representative of a tender organizer;

      2) potential concessionary and (or) his (her) employee rendered to tender organizer expert, advisory and (or) other services on preparation of held tenders, as well as participated as general design engineer or sub-designer in development of feasibility study and (or) project (design and estimate) documentation on establishment of facility, that is an object of a tender;

      3) a property of potential concessionary, balance value of which is more than ten percent of the value of relevant basic funds is seized;

      4) potential concessionary has unfulfilled obligations on executive documents and included to the relevant register of debtors by an authorised body in the sphere of securing of execution of executive documents;

      5) finance and economic activity of potential concessionary is suspended in accordance with the legislation of the Republic of Kazakhstan or legislation of the state of potential concessionary that is non-resident of the Republic of Kazakhstan.

      2. A potential concessionary and affiliate of potential concessionary shall not have the right to participate in the same tender.

      Footnote. Chapter 3 is supplemented by Article 18-2 in accordance with Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Tendering process on a choice of concessionary

      1. A choice of concessionary on facilities, included in a list shall be carried out by open tendering process on concessionary projects.

      2. In respect of concession facilities, related to republican property and provided in paragraph 2 of Article 16 of this Law, a tender organizer shall be an authorised state body of the relevant branch.

      In respect of concession facilities, related to municipal property and provided in a list, a tender organizer shall be a local executive body of region (city of republican significance, capital).

      3. A tender organizer shall mandatorily publish information on a tendering process in periodicals, distributed in the whole territory of the Republic of Kazakhstan in Kazakh and Russian languages not less than sixty calendar days prior to the day of tendering process, and in repeated tendering process – not less than thirty calendar days. Information on tendering process shall include data on concession facilities, list of required documents for submission to tender organizer, requirements to potential participants depending on a character of facility on which a tender is announced; on a place, time and date of tendering process.

      4. Consideration and selection of concessional applications shall be carried out by commission, established by the Government of the Republic of Kazakhstan or local executive bodies of regions (cities of republican significance, capital).

      A working body of commission shall be a relevant tender organizer.

      5. Is excluded by Law of the Republic of Kazakhstan № 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
      6. Is excluded by Law of the Republic of Kazakhstan № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
      Footnote. Article 19 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 97-IV dated 04.12.2008 (see Article 2 for the order of enforcement); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 20. Determination of concessionary and conclusion of concession agreement

      1. Commission shall open envelops with tender applications within a period, time and place, that mentioned in a tender documentation.

      A tender organizer shall direct to an authorised body on state planning the concessional applications, contained in the relevant tender applications, for expert examination.

      A tender organizer shall involve legal entities on advisory support of the concessionary projects determined by the Government of the Republic of Kazakhstan or local executive bodies for development of the tender documentation, the draft concession agreement , independent assessment of the submitted concession requests which are contained in the corresponding tender application and also for participation in negotiations with potential concessionaries.

      For involvement of legal entities on advisory support of the concessionary projects determined by the Government of the Republic of Kazakhstan or local executive bodies, the tender organizer shall send to authorized body on state planning the application for financing of services in advisory support of the concessionary project.

      Authorized body on budget planning or local authorized body on budget planning shall introduce the conclusion on rendering services in advisory support of concessionary projects for consideration of the relevant budgetary commission.

      An authorised body on state planning shall form a list of services on advisory support of concessionary projects that shall be carried out at expense of funds of the relevant allocated budget program of an authorised body on state planning, on the volumes of financing the services on advisory support of each of concessionary project, approved by budget commissions.

      Advisory support of concessionary projects is carried out in the order determined by authorized body on budget performance in coordination with authorized body on state planning.

      2. A commission shall consider all tender applications, provided by tenderers, subject to conformity with requirements of tender documentation, conclusions on concessional application and evaluation of conformity of potential concessionaries with qualification requirements.

      In case if the only one application is submitted, this application is considered by the commission according to part one of this point.

      3. The commission shall hold negotiations with the tender participant which concession application is recognized as the best on the basis according to criteria established by the central authorized body on state planning to specification of the concessionary project and terms of the concession agreement..

      4. Comments and suggestions on concessionary project and concession agreement shall be directed to applicant by commission in the written form within preparation of negotiations.

      The relevant decision of commission shall be adopted following the results of conduct of negotiations.

      During negotiations, the introduction of amendments to the terms of tender, as well as initial parameters and characteristics of concessional application shall not be allowed.

      5. In case if the tender participant which concession application is recognized as the best, refuses discussion and specification of the concession application and terms of the concession agreement according to remarks and offers of the commission or his offers are unacceptable from the point of view of tender conditions, then this concession application shall not be considered by the commission and anew the best concession application shall be chosen.

      6. Following the tender results on the choice of concessionary the best concession application shall be defined by the decision of the commission, and the applicant admits as the competition winner.

      7. A tender organizer shall conclude concession agreement with the tender winner on the basis of the decision of commission.

      A tender organizer shall conclude concession agreement with legal entity which creation is declared by the tender winner in tender application which is founded by the tender winner for implementation of the concessionary project (on condition of submission to a concession provider the bank guarantees of obligations performance such legal entity in volume and conditions determined by the concession agreement) on the basis of commission decision for implementation of concessionary projects of the special importance.

      8. Period of conclusion of concession agreement may not exceed ninety calendar days from the date of tendering process.

      9. Data on results of tenders on a choice of concessionary shall be published by an organizer in the periodicals, distributed in the whole territory of the Republic of Kazakhstan in the Kazakh official and Russian languages, with the exceptions of data that is the state secrets or other secret, protected by the Law.

      Footnote. Article 20 is in the wording of the Law of Republic of Kazakhstan No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); as amended by Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 380-V dated 31.10.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 20-1. Special aspects of tendering process on a choice of concessionary with the use of two-stage procedures

      1. A tender on a choice of concessionary with the use of two-stage procedures shall be held in cases, when:

      1) it is necessary to collect and conduct a study of different innovative, creative, architectonical and planning, organizational and technological treatments, inventions and negotiations with potential concessionaries on arising issues for realization of concessionary project;

      2) it is necessary to perform experiments, investigations or developments.

      2. A tender on a choice of concessionary with the use of two-stage procedures shall be represented as set of the following successive stages:

      1) the following actions shall be carried out at the first stage:

      formation of technical specifications by a tender organizer on the basis of expert examination of concessional proposal, development and confirmation of tender documentation by a tender organizer;

      publication of information on a choice of concessionary with the use of two-stage procedures in the periodicals, distributed in the whole territory of the Republic of Kazakhstan in the Kazakh official and Russian languages;

      provision of technical specifications and tender documentation by a tender organizer to persons, interested in participation at the first stage on a choice of concessionary with the use of two-stage procedures;

      conduct of qualified selection of potential concessionaries;

      discussion of the issues, concerning technical, qualitative and (or) other characteristics of technical specification with potential concessionaries;

      submission of tender applications with technical proposals, developed in accordance with technical specification by tenderers that passed qualified selection;

      expert examination of technical proposals of tenderers by an authorised state body of the relevant branch and legal entity, authorised by the Government of the Republic of Kazakhstan on carrying out of state expert examination of projects, for the purpose of determination their conformity or non-conformity to town-planning and technical regulations, conditions and requirements of the state normative standards, directed on securing the state, public and private interests, favourable and safe conditions of human activity, stable functioning of projected facilities, as well as value of technical proposal;

      choice of no less than two tenderers, technical proposals of which conform to technical specification of a tender organizer;

      direction by the tender organizer the invitation to tender participants who have undergone qualification selection, for participation in the second stage of a tender that use of two-stage procedures;

      2) the following actions shall be carried out at the second stage:

      representation by tender participants who have undergone qualification selection, tender applications with feasibility studies of the concessionary project;

      direction by tender organizer to authorized body on state planning the concession applications which are contained in the corresponding tender applications for conducting their examination;

      consideration by the commission all tender applications submitted by tender participants taking into account conclusions of examinations according to the concession application;

      implementation of the actions provided by paragraphs 3, 4, 5, 6, 7, 8 and 9 of article 20 of this Law.

      Footnote. Chapter 3 is supplemented by Article 20-1 in accordance with Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan № 150-V dated 03.12.2013 (shall be enforced from 01.01.2014); № 112-VI dated 30.11.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 4. CONCESSION AGREEMENT

Article 21. Content of concession agreement

      1. Concession agreement shall contain:

      1) data on concession facility, its description, as well as data on property assets, technical condition, performance period, initial, residual and reinstatement value of a transferred concession facility;

      2) conditions on the rights of concessionary to concession facility as well as on the rights to incomplete concession facility in case of termination of concession agreement, and (or) the rights on carrying out of a certain type of activity, conditions on property rights on the results of intellectual and creative activity, arising during execution of terms of concession agreement;

      3) conditions and volumes of carrying out the reconstruction of facilities in order to provide to concessionary the required quantity and quality of services;

      4) sources of compensation for expenses and acquisition of income of concessionary;

      5) procedure for formation and confirmation of tariffs (prices, rate of charge) on commodities (works, services);

      6) condition on sizes of investments, as well as investments to the basic funds, periods, sources and conditions of financing concessionary projects according to developed business plan (work program);

      7) types of activity (works (services) performed (provided) under the terms of concession agreement);

      8) standards of quality of commodities (works, services) provided by concessionary, according to concession agreement;

      9) validity period of concession agreement;

      10) rights and obligations of parties;

      11) requirements on environmental protection and safe conduct of works;

      12) procedure and terms of transfer of concession facility by parties, including persons, authorised to accept a facility, and requirements to its quality, as well as procedure and terms of transferring other property, that is not a part of concession facility, as well as specifying the right, on the basis of which mentioned property shall be transferred;

      13) liability of parties;

      14) conditions of modification and termination of concession agreement;

      15) location (legal address) and banking details of parties;

      16) procedure for carrying out the control over performance of concession agreement by concession provider;

      17) criteria of evaluation on fulfilment of accepted obligations by concessionary, payment of a penalty in case of their non-performance or improper performance and procedure for reduction of the volume of the state concessional obligations;

      18) types, volumes, periods and conditions of provision of the state support in case of its provision in accordance with Article 14 of this Law;

      19) obligations on a local content;

      20) obligations of a concessionary on providing the annual program of the procurement of commodities, works, services for the forthcoming year not later than 1 February of the year planning for procurement and information on purchased commodities, works, services to an authorised body in the field of regulation of commercial activity in the forms and deadlines, established by this body;

      21) distribution of risks between parties;

      22) conditions and periods of transfer of disutility of maintaining a property, transferred under concession agreement, as well as the risks of accidental loss or accidental injury of mentioned property;

      23) data on authorised state bodies, representing the interests of concession provider;

      24) deadlines for performance of works on establishment (reconstruction) of concession facility, putting into service, as well as procedure for extension of this deadline;

      25) rights and obligations of other persons, engaged for execution of concession agreement, particularly for giving a consent on performance of certain actions, collection and distribution of money under concession agreement, carrying out of other payments in the volume and procedure, according to concession agreement, as well as performance of other rights and obligations;

      26) exceptional cases of unilateral modification of terms of concession agreement and (or) its unilateral non-performance;

      27) procedure for resolution of disputes under concession agreement;

      28) procedure for reimbursement for expenses of parties in case of early termination of concession agreement.

      2. Concession agreement may also provide:

      1) methods of securing performance of obligations of concession agreement parties;

      2) distribution of incomes between concession provider and concessionary, in connection with carrying out of activity, provided by concession agreement;

      3) approval of organization, engaged by concessionary for carrying out of operation of concession facility and essential terms of agreement with it;

      4) approval of contractor (general contractor), engaged by concessionary for establishment (reconstruction) of concession facility and essential terms of agreement with him (her);

      4-1) procedure and terms of conclusion the direct agreement by parties with creditors of concessionary within implementation of concessionary projects of the special importance;

      4-2) the mechanism of settlement of currency risks at implementation of concessionary projects of the special importance;

      5) other terms, that do not contradict the legislation of the Republic of Kazakhstan.

      3. Terms of concession agreement shall remain in force for its whole validity period, with the exception of cases, when modification of concession agreement is executed upon agreement of parties.

      4. Concession agreement shall provide a condition of concession provider to unilaterally modify terms or terminate a concession agreement for public and state interest; a concession agreement shall include the exhaustive list of these terms, that do not contradict the legislation of the Republic of Kazakhstan, as well as when these actions are committed for the purpose of securing of the national and ecological safety, health care and good morals.

      4-1. Concession agreement on concessionary projects of the special importance shall provide to early cancellation conditions of concession agreement to unilaterally in the following cases:

      1) at violation the essential terms of concession agreement that are defined in concession agreement by the concessionary of;

      2) at violation the essential terms of the concession agreement that are defined in concession agreement by the concession provider.;

      3) due to force majeure circumstances.

      The order, terms and conditions of compensation to concessionary of expenditures and (or) costs and (or) the losses resulting from early cancellation of concession agreement at approach of events specified in part one of this point are defined by concession agreement.

      5. In case of implementation of the right, mentioned in paragraph 4 of this Article by a concession provider, a concession provider shall compensate to a concessionary additional expenses, related to modifications of terms of concession agreement, as well as compensate for losses, incurred by a concessionary in connection with termination of concession agreement.

      6. A concessionary shall have the right to pledge his (her) rights under concession agreement only with the written consent of a concession provider.

      Debt assignment and (or) transfer of a debt of concessionary under concession agreement shall be carried out without holding a tender in the order determined by the direct agreement in case if creditors of the concessionary demand the replacement of concessionary

      Footnote. Article 21 is in the wording of Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law of the Republic of Kazakhstan № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 21-1. Types of concession agreement

      1. A concession agreement shall be concluded in the following types:

      1) concession agreement, providing establishment of concession facility by concessionary with the following transfer of concession facility into the state property;

      2) concession agreement, providing joint activity of concessionary and concession provider on establishment (reconstruction) and operation of concession facility;

      3) concession agreement, providing transfer of concession facility, being in the state property in trust management or in property lease (lease) of concessionary for the purpose of reconstruction and operation;

      4) concession agreement, providing transfer of concession facility, being in the property of concessionary, in property lease (lease) of concession provider or person, authorised by him (her), as well as with the right of redemption of concession facility by a concession provider.

      2. A concession agreement may include the elements of one or several types of agreements, provided by paragraph 1 of this Article, as well as include the elements of other agreements that are not prohibited by the legislation of the Republic of Kazakhstan, aimed at establishment (reconstruction) and operation of concession facility.

      3. A concession agreement may not include terms, directed on alienation in a private property of concession facility, being in the state property.

      Footnote. Chapter 4 is supplemented by Article 21-1 in accordance with Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Form of concession agreement

      1. A concession agreement shall be concluded in written.

      2. A concession agreement shall be subject to state registration in the manner, prescribed by the legislation of the Republic of Kazakhstan.

Article 23. Validity period of concession agreement

      1. A concession agreement shall be concluded for the period up to thirty years.

      2. Concessionary agreement may be prolonged in the additional period determined by parties agreement of parties within the term established by paragraph 1 this article by the conclusion of the additional agreement on condition of parties obligations which date of performance has come on the date of the conclusion of the additional agreement.

      A concessionary, that properly performed his (her) obligations shall be entitled to conclude a new agreement without conducting a tender.

      3. During conclusion of concession agreement for a new period, terms of agreements may be modified upon agreement of parties.

      Footnote. Article 23 as amended by Law of the Republic of Kazakhstan № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 24. Termination of concession agreement

      A concession agreement, together with common grounds for termination of obligations, shall be terminated by:

      1) dissolution or expiration of validity period of concession agreement;

      2) liquidation of concessionary;

      3) (excluded by Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement);

      4) in other cases, provided by the Civil legislation of the Republic of Kazakhstan or a concession agreement.

      Footnote. Article 24 as amended by Law of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 25. Rights and obligations of a concession provider

      1. A concession provider shall have the right:

      1) to hold negotiations with concessionary on terms of concession agreement;

      2) to claim from concessionary the compensation for the losses in case of deterioration of concession facility, that happened due to the fault of a concessionary;

      3) to carry out inspections of finance and economic activity of concessionary by engaging an audit organization, without intruding in operating activity of concessionary and progress of concession agreement’s execution;

      4) to carry out the control of compliance with the legislation of the Republic of Kazakhstan, terms of concession agreement and demand fixing of committed defaults;

      5) to claim the dissolution of concession agreement in case of violation of its terms by a concessionary;

      6) to exercise the other rights in accordance with the Laws of the Republic of Kazakhstan and a concession agreement.

      2. A concession provider shall:

      1) transfer the right to concession facility to concessionary on conditions and within the periods, provided by a concession agreement;

      2) agree draft concession agreements with interested state bodies;

      3) without undue delay transfer documents, provided by concession agreement and confirming the rights of concessionary to concession facility;

      4) annually provide reporting information to the relevant state body, carrying out maintenance of register on concluded concession agreements;

      5) observe terms, provided by concession agreement;

      6) transfer concession facilities, that are free from the third party's rights or with encumbrances and restrictions, mentioned in a tender documentation, provided to potential concessionaries in accordance with paragraph 1 of Article 17 of this Law;

      7) comply with other requirements, established by the Laws of the Republic of Kazakhstan.

      Footnote. Article 25 as amended by Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 26. Rights and obligations of a concessionary

      1. A concessionary shall have the right:

      1) to exercise the rights in respect of concession facility on conditions, provided by concession agreement;

      2) to be a subject of the investment preferences provided according to the legislation of the Republic of Kazakhstan in the field of investments;

      3) to receive a compensation for expenses, incurred in connection with execution of concession agreement;

      4) to claim dissolution of concession agreement in case of violation of its terms and compensations for losses, entailed by a violation of obligations;

      5) to claim a compensation for losses in case, if modification of terms of concession agreement entails losses of concessionary;

      6) to exercise other rights in accordance with the Laws of the Republic of Kazakhstan.

      2. A concessionary shall:

      1) preserve a profile of concession facilities;

      2) conduct operations (render the services), provided by agreement;

      3) finance facilities of social sphere, included in a property complex of concession facility, in the manner, prescribed by the legislation of the Republic of Kazakhstan;

      4) comply with the legislation of the Republic of Kazakhstan in the field of labour, public employment and environmental protection;

      5) transfer concession facility to concession provider given encumbrances and restrictions, existed for the moment of conclusion of concession agreement and in a proper technical condition, in accordance with terms of concession agreement after a termination of the period, on which concession agreement was concluded;

      6) comply with other requirements and terms, established by the Laws of the Republic of Kazakhstan and a concession agreement;

      7) open a special account in a bank, determined by concession agreement, in accordance with the budget legislation of the Republic of Kazakhstan for financing of concessionary project in cases of provision of surety of the state on revenue-yielding bonds within concession agreement;

      8) ensure intended use of the funds, engaged for realization of concessionary project.

      Footnote. Article 26 as amended by Laws of the Republic of Kazakhstan No. 66-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 263-IV dated 02.04.2010 (shall be enforced from 01.01.2010); No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016).

Article 26-1. Private concessional obligations

      1. Private concessional obligations shall be accepted by a concessionary upon conditions, specified in concession agreement.

      2. A concession provider shall carry out a control of compliance with private concessional obligations in accordance with the manner, prescribed in concession agreement.

      Footnote. Chapter 4 is supplemented by Article 26-1 in accordance with Law of the Republic of Kazakhstan No. 131-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 26-2. Direct agreement with creditors of the concessionary

      1. For implementation of concessionary projects of the special importance concession provider, concessionary and creditors of the concessionary have the right to conclude the direct agreement defining conditions of interaction of the parties during the term of implementation of the concessionary project.

      2. The direct agreement provides the following conditions:

      1) the obligation of the concession provider to inform creditors of the concessionary on cases of essential violations of the obligations under the concession agreement capable to entail cancellation of concession agreement;

      2) transfers to guarantee of his rights under concession agreement and (or) a debt assignment or transfer debt of concessionary with the consent of the concession provider;

      3) the right of creditors of concessionary to demand replacement of concessionary in case of the essential violation by him of the obligations under concession agreement capable under the terms of concession agreement to entail his cancellation and (or) in case of the essential violation by the concessionary of the obligations under agreement with creditors capable under the terms of such agreements to entail presentation of the requirement about early execution by the concessionaire of obligations under such agreements and also to propose the candidacy of the new concessionary provider;

      4) a replacement procedure of the concessionary in the cases provided by subparagraph 3) of this point;

      5) the right of creditors of concessionary to appoint the interim manager and also to define an appointment procedure, volume and term of office of the interim manager in the cases provided by subparagraph 3) of this point,;

      6) other terms that do not contradict the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 4 is supplemented by article 26-2 in accordance with Law of the Republic of Kazakhstan № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 5. FINAL PROVISIONS

Article 27. Resolution of disputes

      1. Disputes, related to a transfer of facilities of the state property into concession, shall be resolved in the manner prescribed by the legislation of the Republic of Kazakhstan and concession agreement.

      Disputes, related to execution and termination of concession agreement shall be resolved by negotiations in accordance with requirements of the legislation of the Republic of Kazakhstan and procedures of disputes resolution agreed in concession agreement.

      2. If disputes related to execution and termination of agreement may not be resolved according to paragraph 1 of this article, then parties shall have the right to resolve a dispute according to requirements of the legislation of the Republic of Kazakhstan in a court, as well as by applying to arbitration in accordance with the Law of the Republic of Kazakhstan “About arbitration”. Concerning concessionary projects of the special importance in case at least one of shareholders (participants) of concessionary is a nonresident of the Republic of Kazakhstan; the arbitration shall be defined by parties agreement .

      Footnote. Article 27 as amended by Law of the Republic of Kazakhstan No. 125-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 225-V dated 02.07.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 489-V dated 08.04.2016 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 28. Liability for violation of the legislation of the Republic of Kazakhstan on concessions

      A violation of the legislation of the Republic of Kazakhstan on concessions shall entail a liability, established by the Laws of the Republic of Kazakhstan.

Article 29. Enforcement of this Law

      1. This Law shall enter into force from the date of its official publication.

      2. Concession agreements, concluded before enforcement of this Law shall preserve their validity prior to expiration period, established in these agreements.

The President
of the Republic of Kazakhstan



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