Article 49. Modification, termination, and termination of a public-private partnership agreement The Law on Public-Private Partnership
1. A public-private partnership agreement may be amended and/or terminated by agreement of the parties to the public-private partnership agreement.
2. The terms of the public-private partnership agreement may be changed by agreement of the parties, provided that the socio-economic efficiency of the public-private partnership project improves as a result of such changes, and if such changes do not reduce the requirements for quality characteristics and (or) volume and (or) availability of goods stipulated in the public-private partnership agreement, works and services.
3. An increase in the operating period with an increase in the term of the public-private partnership agreement is allowed subject to the requirements of paragraph 2 of this article, as well as subject to the private partner's investment during the period for which the extension of the term of the public-private partnership agreement is carried out.
4. It is not allowed to amend the public-private partnership agreement, entailing a change in government obligations regarding the use of budgetary funds without consideration by the relevant budget commission.
5. The essential terms of the public-private partnership agreement, with the exception of the conditions stipulated in subitems 1) and 7) of the first part of paragraph 1 of Article 46 of this Law, may be changed only on condition of positive expert opinions and approval of such changes by all the bodies that carried out the expert examination and approval of the tender documentation and the draft public-private partnership agreement, respectively. by the interested authorities in matters of their competence, and also subject to approval by the antimonopoly authority of such changes in terms of ensuring competition protection.
The essential terms of the public-private partnership agreement provided for in subitems 1) and 7) of the first part of paragraph 1 of Article 46 of this Law may not be changed.
6. The public-private partnership agreement is terminated:
1) upon termination or expiration of the public-private partnership agreement;
2) in case of liquidation (death, loss of legal capacity) of a private partner;
3) in other cases stipulated by the legislation of the Republic of Kazakhstan or a public-private partnership agreement.
7. At the request of the state partner, the public-private partnership agreement may be terminated by a court decision only:
1) in case of substantial violation of the public-private partnership agreement by a private partner;
2) if a private partner is unable to implement a public-private partnership project due to its insolvency (bankruptcy);
3) in the interests of society and the State, including when such actions are carried out in order to ensure national security, public health and morals.
8. At the request of a private partner, a public-private partnership agreement may be terminated by a court decision only in the event of a significant violation of the public-private partnership agreement by a public partner and (or) a government agency.
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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