Article 16. Rights and obligations of a private partner of the Law on Public-Private Partnership

Home / RLA / Article 16. Rights and obligations of a private partner of the Law on Public-Private Partnership

1. A private partner has the right to:

1) to make proposals on changing the terms of the public-private partnership agreement;

2) upon early termination of the public-private partnership agreement, demand payments and compensations in the cases and in the manner prescribed by the public-private partnership agreement.;

3) at its discretion, use the net income received from its activities in the public-private partnership project, after taxes and other mandatory payments to the budget in accordance with the legislation of the Republic of Kazakhstan.;

4) to exercise the rights in relation to the object of public-private partnership on the terms stipulated by the public-private partnership agreement;

5) exercise other rights in accordance with the laws of the Republic of Kazakhstan and the public-private partnership agreement.

2. The private partner is obliged to:

1) maintain the profile of public-private partnership facilities, as well as, in accordance with the terms of the public-private partnership agreement, ensure that the public-private partnership facility is transferred to the public partner in proper technical condition;

2) to ensure the quality and accessibility of goods, works and services within the framework of the concluded public-private partnership agreement;

3) ensure the targeted use of funds allocated for the implementation of the public-private partnership project;

4) comply with other requirements and conditions established by the laws of the Republic of Kazakhstan and the public-private partnership agreement.

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

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