Article 1. The basic concepts used in this Law of the Law on Public-Private Partnership

Home / RLA / Article 1. The basic concepts used in this Law of the Law on Public-Private Partnership

The following basic concepts are used in this Law:

1) accreditation is a procedure for the official recognition by the accreditation body of the applicant's competence to provide advisory support for public–private partnership projects or to examine tender documentation and business plans for public-private partnership projects.;

1-1) potential private partner – an individual entrepreneur, a simple partnership, a consortium, or a legal entity applying to participate in a tender (auction) or in direct negotiations to determine a private partner, with the exception of state-owned legal entities, as well as limited liability partnerships and joint-stock companies, fifty percent or more of the shares in the authorized capital or voting shares shares of which are directly or indirectly owned by the state;

1-2) programmatic public-private partnership – the implementation of public-private partnership projects within the framework of industry (sphere) development concepts, national projects in accordance with the procedure for determining a private partner developed and approved in accordance with this Law, the standard tender documentation and the standard public-private partnership agreement;

2) private partner – an individual entrepreneur, a simple partnership, a consortium or a legal entity, with the exception of state-owned legal entities, as well as limited liability partnerships and joint-stock companies, fifty or more percent of the shares in the authorized capital or voting shares of which are directly or indirectly owned by the state, who have concluded a public-private partnership agreement;

2-1) an account intended for crediting compensation for investment costs is a bank account opened to a private partner by a creditor with a restriction on 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 a monetary claim and (or) a public–private partnership agreement;

3) the organizer of a tender (auction) or direct negotiations is a government agency that organizes and conducts a tender (auction) or direct negotiations to determine a private partner in accordance with the competence established in accordance with this Law.;

3-1) concession agreement (concession, concession agreement) – a public-private partnership agreement concluded between a public partner (concessionaire) and a private partner (concessionaire) and providing for the concessionaire to receive payment from consumers for the provision of goods, works and services within the framework of the implementation of this public-private partnership project (payment from consumers);

4) accessibility fee is a monetary payment made from budgetary funds in accordance with a public-private partnership agreement for ensuring the operational and quality characteristics of a public-private partnership facility, as well as the accessibility of the specified facility to consumers based on the individual technical and economic parameters of the public-private partnership facility.;

 5) state partner – the Republic of Kazakhstan represented by one or more state bodies authorized to implement state policy in the field of public-private partnership, or state institutions, state-owned enterprises and (or) limited liability partnerships, joint-stock companies, fifty or more percent of the shares in the authorized capital or voting shares of which directly or indirectly owned by the state that has concluded a public-private partnership agreement;

6) public-private partnership is a form of cooperation between a public partner and a private partner that meets the criteria defined by this Law.;

6-1) the public-private partnership web portal is an information and communication platform designed for the centralized collection, processing, and storage of electronic information resources in the field of public-private partnership, identifying a private partner, monitoring the implementation of public–private partnership projects, and ensuring the availability of information in the field of public-private partnership;

6-2) the operator of the public-private partnership web portal is a legal entity designated by the central authorized body for state planning;

7) advisory support for public-private partnership projects – services provided by accredited legal entities to support public-private partnership projects, including the development of tender (auction) documentation for a public-private partnership project, a draft public-private partnership agreement, including consulting services in the negotiation process between public-private partnership entities;

8) public-private partnership project – a set of consistent measures for the implementation of public-private partnership, implemented for a limited period of time and having a completed nature, in accordance with this Law and the budget legislation of the Republic of Kazakhstan;

9) compensation of investment costs for a public-private partnership project – cash payments from budgetary funds aimed at reimbursing a certain amount of investment costs, in accordance with the public-private partnership agreement;

10) compensation of operating costs for a public-private partnership project – cash payments from budgetary funds aimed at reimbursing the costs of a private partner related to the operation of a public-private partnership facility in accordance with a public-private partnership agreement;

11) a business plan for a public-private partnership project is a document developed by a potential private partner in direct negotiations, providing a description of the goals and objectives of the public–private partnership project, sources of cost recovery and income generation, recipients of benefits from the implementation of the public-private partnership project, government support measures, including a description of the public-private partnership project.-private partnerships and/or services provided under a service contract;

12) public-private partnership company – a legal entity whose exclusive purpose is to implement a public-private partnership project, established jointly by a public partner and a private partner, or an operating legal entity whose only participants are a public partner and (or) a private partner;

13) public-private partnership facilities – buildings, structures and (or) equipment, property complexes, and the results of intellectual and creative activities that are being created (including being built and, if necessary, designed) and (or) reconstructed and (or) modernized, as well as operated as part of a public-private partnership project. partnerships;

13-1) creation of a public-private partnership facility is an activity provided for by a public–private partnership agreement to create intangible and tangible assets, including through the design, construction of new and (or) modification (expansion, modernization, technical re-equipment, reconstruction, capital repairs) of existing facilities (buildings, structures and their complexes, communications), installation (dismantling) of related technological and engineering equipment;

13-2) operation of a public-private partnership facility is an activity provided for by a public–private partnership agreement for the targeted use of a public-private partnership facility with the production and provision of goods, works and services to consumers, or for technical and (or) maintenance of a public-private partnership facility, including ensuring readiness for its intended use by the operator or third parties according to the public-private partnership agreement;

14) subjects of public-private partnership – the public partner and the private partner, as well as other persons involved in the implementation of the public-private partnership project provided for by this Law;

15) The Public-Private Partnership Development Center is a legal entity established by decision of the Government of the Republic of Kazakhstan to carry out activities in the field of public-private partnership;

 16) public-private partnership agreement – a written agreement establishing the rights, duties and responsibilities of the parties to a public-private partnership agreement, concluded in order to solve one or more socio-economic problems through the creation and operation of a public-private partnership facility;

16-1) state treasury – the department of the central executive body, which is entrusted with the functions of the authorized body for treasury budget execution;

16-2) state treasury bodies – territorial divisions of the State Treasury;

17) operator – a legal entity that is not a private partner, operating a public-private partnership facility jointly with a private partner within the framework of a public-private partnership project.;

18) life cycle contract – a public-private partnership agreement providing for a full cycle of work on the design, construction, creation, reconstruction, modernization and operation (including repair and maintenance) of a public-private partnership facility, the sale of manufactured goods, works and services, as well as obligations to ensure compliance of the public-private partnership facility with the established technical and operational indicators during the entire term of the public-private partnership agreement; - Excluded by the Law of the Republic of Kazakhstan.

19) industry operator – a system operator, a national subsoil use company, a National Infrastructure Operator, a National Railway Company, a National Cargo Carrier, a National Passenger Carrier, a National Highway Management Operator, and other legal entities performing the functions of a national operator or an operator in a specific industry (sphere) of the economy in accordance with the laws of the Republic of Kazakhstan; - Excluded by the Law of the Republic of Kazakhstan.

20) service contract – a public-private partnership agreement providing for the provision of services using a public-private partnership facility owned by a private partner, including taking into account the specifics established by the legislation of the Republic of Kazakhstan;

21) direct agreement – a written agreement concluded between a public partner, a private partner and a private partner's creditor for the implementation of a public-private partnership project.

The Law of the Republic of Kazakhstan dated October 31, 2015 No. 379-V SAM.

This Law defines the legal conditions of a public-private partnership, its methods of implementation and regulates public relations arising in the process of preparing and implementing a public-private partnership project, concluding, executing and terminating a public-private partnership agreement.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases