Article 7. Methods of public-private partnership implementation of the Law on Public-Private Partnership

Home / RLA / Article 7. Methods of public-private partnership implementation of the Law on Public-Private Partnership

1. Public-private partnership is divided into institutional and contractual partnerships according to the method of implementation.

2. An institutional public-private partnership is implemented by a public-private partnership company in accordance with a public-private partnership agreement.

3. In other cases not provided for by paragraph 2 of this article, public-private partnership is carried out according to the method of contractual public-private partnership.

Contractual public-private partnership is implemented through the conclusion and implementation of a public-private partnership agreement, including in the form of:

1) the concession agreement;

2) the service contract.

Public-private partnership agreements may include certain types of obligations, including trust management, property lease, contract, and provision of services.

Public-private partnership agreements may include a full cycle of work on the creation and operation of a public-private partnership facility, the sale of manufactured goods, works and services, the disposal of manufactured goods, as well as the postulation of a public-private partnership facility upon completion of the project.

4. For the implementation of a programmatic public-private partnership, industry (sphere) development concepts and national projects may provide for the basic parameters of public-private partnership projects, including goals and objectives, estimated payments from budgetary funds, and government support measures.

The procedure for determining a private partner within the framework of a programmatic public-private partnership is developed based on the relevant basic parameters and includes standard tender documentation and a standard 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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