Article 2. Legislation of the Republic of Kazakhstan in the field of support for the use of renewable energy sources The Law on Support for the Use of Renewable Energy Sources

Home / RLA / Article 2. Legislation of the Republic of Kazakhstan in the field of support for the use of renewable energy sources The Law on Support for the Use of Renewable Energy Sources

1. The legislation of the Republic of Kazakhstan in the field of support for the use of renewable energy sources is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. Public relations arising in the field of biofuel production and turnover are regulated by the legislation of the Republic of Kazakhstan on state regulation of biofuel production and turnover.

3. Public relations arising in the process of production, transmission and consumption of electric and (or) thermal energy, which are not regulated by this Law, are regulated by the legislation of the Republic of Kazakhstan on the electric power industry.

3-1. The provisions of this Law regulating the procedure for the application of fixed tariffs and auction prices for the purchase of electric energy produced by facilities for the use of renewable energy sources do not apply to:

energy-producing organizations that have facilities for the use of renewable energy sources, the service life of which has exceeded the payback period established in the feasibility study approved and agreed with the authorized body or local executive body.;

hydroelectric power plants with installations located in one hydroelectric complex with a total capacity of more than thirty-five megawatts and (or) reservoirs providing more than a daily regulation period, with the exception of those commissioned after January 1, 2016.

3-2. The provisions of this Law relating to qualified consumers apply to a group of persons if one of such persons has established control over another person, as well as if such persons are under the control of one person.

Control is understood as the ability of an individual or legal entity to directly or indirectly (through a legal entity or through several legal entities) determine decisions made by another legal entity through one or more of the following actions:

1) disposal of more than fifty percent of the voting shares (shares in the authorized capital, shares) of a legal entity;

For national companies, disposal of at least forty percent of the voting shares (shares in the authorized capital, shares) of a legal entity;

2) performing the functions of the executive body of a legal entity.

Under the possibility of an individual or a legal entity to indirectly determine decisions taken by another legal entity, in accordance with subparagraph 1) The second part of this paragraph means the disposal by each subsequent legal entity of more than fifty percent of the voting shares (shares in the authorized capital, units) of another legal entity; for national companies, each subsequent legal entity may dispose of at least forty percent of the voting shares (shares in the authorized capital, units) of another legal entity.

A group of individuals is considered as a single qualified consumer.

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

The Law of the Republic of Kazakhstan dated July 4, 2009 No. 165-IV.

This Law defines the goals, forms and directions of support for the use of renewable energy sources, as well as regulates the mechanism for supporting energy waste disposal and the use of secondary energy resources.

President

Republic of Kazakhstan

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