Article 1. Basic concepts used in this Law Chapter 1. GENERAL PROVISIONS OF the Law on Concessions - Excluded by the Law of the Republic of Kazakhstan | Kyrgyz Republic / Turkmenistan alynyp tastaldy.
The following basic concepts are used in this Law:
1) authorized state body for budget execution – the central executive body responsible for management and inter-sectoral coordination in the field of budget execution, accounting, budget accounting and budget reporting on the execution of the republican budget and, within its competence, local budgets, the National Fund of the Republic of Kazakhstan on the basis of the report of the National Bank of the Republic of Kazakhstan;
1-1) authorized body for budget planning – the central executive body responsible for the management and intersectoral coordination in the field of budget planning;
2) social infrastructure and life support facilities – facilities, complexes of facilities used to meet public needs, the provision of which is entrusted to government agencies in accordance with the legislation of the Republic of Kazakhstan;
3) private concession obligations – obligations assumed by the concessionaire under the concluded concession agreement;
3-1) an account intended for crediting compensation for investment costs is a bank account opened to the concessionaire by the creditor with the restriction of his right to perform expenditure operations on it before the onset or fulfillment of the conditions defined by the financing agreement for the assignment of monetary claims and (or) the concession agreement.;
4) concessor – one or more state bodies of the Republic of Kazakhstan acting on behalf of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan concluding a concession agreement in accordance with this Law, or a local executive body of the Republic of Kazakhstan concluding a concession agreement in accordance with this Law on behalf of an administrative-territorial unit (region, or city of republican significance, or the capital);
5) concessionaire – a natural person who has concluded a concession agreement, engaged in business activities, and (or) a legal entity, with the exception of state institutions and quasi-public sector entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which are directly or indirectly owned by the state (except for organizations financing concession projects), including including those operating on the basis of a joint venture agreement (simple partnership);
6) concession – an activity aimed at the creation (reconstruction) and operation of concession facilities, carried out at the expense of the concessionaire's funds or on the terms of co-financing by the concedent;
7) the organizer of the tender (auction) for the concession (hereinafter referred to as the organizer of the tender (auction) – the state body conducting tenders (auctions) at the choice of the concessionaire;
8) a concession project is a set of measures for the implementation of a concession that is implemented for a limited period of time and is completed in accordance with the budget legislation of the Republic of Kazakhstan and this Law. Concession projects can be classified as concession projects of special importance, the list of which is determined by the Government of the Republic of Kazakhstan.
The criteria for classifying concession projects as concession projects of special importance are determined by the authorized state planning body.
8-1) compensation of investment costs for a concession project – monetary payments from budgetary funds aimed at reimbursing a certain amount of investment costs in accordance with the concession agreement after the concession facility is put into operation in equal shares for a period of at least five years. At the same time, it is prohibited to postpone the payment of compensation for investment costs established by the concession agreement to early periods.;
9) advisory support of concession projects – services provided by legal entities to support concession projects, including the development and (or) adjustment of tender (auction) documentation, draft concession agreements, and the provision of advisory services in the negotiation process of the commission with the participant in the tender (auction);
10) co–financing of concession projects - allocation of budgetary funds to finance a certain amount of costs for the creation (reconstruction) of concession facilities;
11) feasibility study of the concession project (hereinafter referred to as the feasibility study) – pre-project documentation containing the results of marketing, technical, technological, socio-economic and environmental studies, as well as institutional decisions, financial decisions justifying the feasibility and possibility of implementing a concession project, decisions on risk assessment and distribution among participants in the concession project, determining the types and amount of government support, if necessary, as well as the impact of the project impact on the state budget and the socio-economic effect on the development of the economy as a whole and its industry in its implementation;
12) excluded by the Law of the Republic of Kazakhstan dated November 30, 2017 No. 112-VI (effective ten calendar days after the date of its first official publication);
13) specialized organization on concession issues – an organization established by the Government of the Republic of Kazakhstan to provide services on concession issues;
14) concession facility – social infrastructure and life support facilities included in the list that are being created (reconstructed) and operated under a concession agreement;
15) creation of a concession facility – creation of a previously non-existent concession facility on the territory of the Republic of Kazakhstan, including on the basis of new technologies, mechanization and automation of production, installation of new production equipment at the concession facility, production of other types of work ensuring the functioning of the concession facility;
16) operation of the concession object – the use of the concession object by the concessionaire in accordance with the purpose of the concession object, including for the purpose of producing goods and (or) performing works and (or) rendering services, in accordance with the procedure and on the terms determined by the concession agreement;
17) reconstruction of the concession facility – changing individual premises, other parts of the building or the building as a whole by carrying out reconstruction measures based on the introduction of new technologies, mechanization and automation of production, modernization and replacement of technically obsolete and (or) physically worn-out equipment with new more productive equipment, as well as changing the technological or functional purpose of the concession facility; or its individual parts, other measures to improve the characteristics and operational properties of the concession facility;
18) a concession agreement is a written agreement between the concessionaire and the concessionaire defining the rights, duties and responsibilities of the parties, and the conditions for the implementation of the concession.;
19) excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 No. 380-V (effective ten calendar days after the date of its first official publication);
20) the authorized body for state planning is the central executive body responsible for the management and intersectoral coordination in the field of strategic and economic planning;
21) the authorized state body for the exercise of the right to dispose of republican property is a state body that performs, within its competence, special executive and control functions in the field of management of objects of republican property, privatization and state monitoring of property, in sectors (spheres) of the economy of strategic importance.;
22) excluded by the Law of the Republic of Kazakhstan dated 03.12.2013 No. 150-V (effective from 01.01.2014);
23) the authorized state body of the relevant branch is the central executive body responsible for the management of the relevant branch (sphere) of public administration;
24) list - a list of objects proposed for concession for a medium-term period, approved by the authorized body for state planning, if the objects belong to republican ownership, or maslikhats of regions, cities of republican significance and the capital, if the objects belong to communal ownership;
25) direct agreement – a written agreement concluded between the concessionaire, the concessionaire and the creditors of the concessionaire for the implementation of concession projects in accordance with the provisions of Article 26-2 of this Law.
The Law of the Republic of Kazakhstan dated July 7, 2006 No. 167.
This Law defines the legal conditions of the concession, the types of state support for the concessionaire, and regulates public relations arising in the process of concluding, executing, and terminating concession agreements.
President
Republic of Kazakhstan
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