The Law of the Republic of Kazakhstan on Concessions

Topics: Government, Property, Ownership Pages: 20 (4749 words) Published: October 15, 2013
The Law of the Republic of Kazakhstan on Concessions

The Law determines legal conditions for concessions, and regulates public relations arising in the process of entering into and fulfilling concession agreements.

Chapter 1. GENERAL PROVISIONS

Article 1. Main Concepts Used in the Law

The Law uses the following concepts:

1) An authorized government body for budget execution – a central executive body implementing functions in the sphere of budget execution, maintaining budget accounting and reporting for the Republican Budget execution and within its competence - local government budgets execution;

2) A concedent – the Republic of Kazakhstan on behalf of which the Republic of Kazakhstan central government or a local government, as well as government bodies authorized by them to enter into concession agreements, act.

3) A concessionaire – a legal entity (except state enterprises and government institutions) which has the rights for a concession object in line with a concession agreement;

4) A concession – a transfer under a concession agreement of state property objects for temporary ownership and use for the purpose of their improvement and efficient running, and rights to construct new objects at the expense of a concessionaire providing the latter the right of ownership, use and management or without this right, subject to mandatory financing of the construction by the concessionaire and further transfer of the facilities constructed to the government;

5) A concession competition organizer (hereinafter a competition organizer) – a government body implementing a concession competition;

6) A concession object – existing state property objects and objects which will arise in the future as a result of concession agreement conditions implementation;

7) A concession agreement – a written agreement between a concedent and concessionaire, determining rights, liabilities and responsibilities of parties and concession implementation conditions;

8) A concession implementation project – an aggregate of arrangements for concession implementation implemented within a limited time-frame and being of complete nature;

9) An authorized government body for execution of the republican property management right – a government body implementing within its competence special executive and control-supervision functions in the sphere of republican property objects management, privatization and state monitoring of property in sectors (spheres) of economy of strategic significance;

10) An authorized government body in a respective sector – a central government body implementing management of a respective government sector (sphere)

11) An authorized government body for economic planning – a central government body implementing functions of developing major directions of the Republic of Kazakhstan social and economic development.

Article 2. The Republic of Kazakhstan Legislation on Concessions

1. The Republic of Kazakhstan legislation on concessions is based on the Constitution, and comprises the Civil Code of the Republic of Kazakhstan, this Law, and other standard legal acts of the Republic of Kazakhstan.

The Law provisions shall not cover relations linked with concessions in the sphere of mineral wealth use. Relations linked with concessions in the sphere of mineral wealth shall be regulated and implemented in line with the Republic of Kazakhstan Law “On Mineral Wealth and Mineral Wealth Use”.

2. International agreement rules shall be used unless an international agreement ratified by the Republic of Kazakhstan establishes other rules different from the rules contained in the Law.

Article 3. Major Concession Principles

Activities related to providing concession objects shall be based on the following main principles: 1) Openness and transparency of concedent’s and concessionaire’s activities; 2) Provision for balanced interests and risks of a concedent and concessionaire; 3)...
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