On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Lease of land in the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic dated December 1, 2009 and the Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Lease of Land in Issyk-Kul district of Issyk-Kul region of the Kyrgyz Republic dated December 1, 2009
The Law of the Republic of Kazakhstan dated February 27, 2026 No. 268-VIII SAM
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the lease of land in the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic, signed in Astana on December 1, 2009, and the Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Lease of Land in Issyk-Kul district of Issyk-Kul region of the Kyrgyz Republic dated December 1, 2009, committed in Bishkek on December 4, 2024.
President
Republic of Kazakhstan
K. TOKAEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the lease of land plots in the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic
The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties,
acting in the spirit of good neighborliness and mutually beneficial cooperation,
guided by the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the settlement of the ownership rights of the Republic of Kazakhstan to resort and recreational facilities located in the Issyk-Kul region, signed on July 4, 2006 in Astana,
based on the national legislation of the Parties,
We have agreed on the following:
Article 1
1. The Kyrgyz Side grants to the Kazakh Side, and the Kazakh Side accepts for temporary use for a period of 49 years on lease terms, land plots located on the territory of the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic and specified in the:
Resolution No. 117 of the Issyk-Kul district State Administration dated March 28, 2002, on the provision of a land plot of 17.5 hectares, including: land plots of 15.3 hectares main zone; 2.2 hectares park and beach area, for the construction of the sanatorium "Kazakhstan";
Resolution No. 88 of the Issyk-Kul district State Administration dated February 24, 2005, on the provision of a land plot of 17.4 hectares, including: land plots of 15.26 hectares main zone; 2.14 hectares park and beach area, for the construction of a boarding house of Al-Farabi Kazakh State University;
Resolution No. 402 of the Issyk-Kul District State Administration dated November 14, 2003, on the provision of a 9.2-hectare land plot, including: 3.2-hectare land plots in the main zone, 6.0-hectare park and beach area, for the construction of the Samal recreation center;
Resolution No. 154 of the Council of Ministers of the Kyrgyz SSR dated April 2, 1962, on the provision of a land plot of 5.0 hectares, as well as 9.7 hectares, according to the Land Plot Acts dated August 18, 1998 No. 737, a land plot of 14.7 hectares was assigned to the Avtomobilist Kazakhstan boarding house, including: land plots of 10.47 hectares - the main zone; 3.24 hectares – park and beach area.
2. The boarding houses, sanatoriums and rest homes referred to in paragraph 1 of this article are hereinafter referred to as "Facilities".
3. The land plots specified in paragraph 1 of this Article shall be considered transferred by the Kyrgyz Party and accepted by the Kazakh Party upon their use on the date of signing this Agreement.
4. The period for calculating the temporary use of land plots specified in paragraph 1 of this Article begins on the date of signing this Agreement.
Article 2
1. The Kazakh Side undertakes to pay rent to the Kyrgyz Side in the amount of land tax, which is calculated in accordance with the tax legislation of the Kyrgyz Republic for residents of the Kyrgyz Republic.
2. The amount of rent is paid during the year, in two equal installments, the first payment until July 31, the second payment until January 31, starting from the date of signing this Agreement.
In this case, the rent can be paid ahead of schedule.
3. The rent is transferred to a settlement account determined by the Government of the Kyrgyz Republic.
Article 3
The Kazakh Side undertakes to:
1) to ensure the operation of resort and recreational Facilities in accordance with the legislation of the Kyrgyz Republic;
2) to ensure the use of land plots and Facilities in strict accordance with their intended purpose for the functioning of resort and recreational facilities;
3) ensure the fulfillment of obligations stipulated in the Agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan on the settlement of ownership rights of the Republic of Kazakhstan to resort and recreational facilities located on the territory of the Issyk-Kul region, signed on July 4, 2006 in Astana.
4) ensure the payment of rent in accordance with Article 2 of this Agreement;
5) ensure that the Objects pay taxes, fees and other payments stipulated by the legislation of the Kyrgyz Republic;
6) prevent the construction of buildings/structures in the park and beach area of the Facilities;
7) take the necessary measures to ensure that no actions (inaction) worsen the condition of land and the environment;
8) to prevent environmental, biological, chemical and other types of pollution on the territory of Facilities above the permissible limits established by the legislation of the Kyrgyz Republic;
9) ensure landscaping and maintenance of the proper type of the territory of the Facilities, in accordance with the procedure established by the legislation of the Kyrgyz Republic;
10) provide access to the park and beach area of Lake Issyk-Kul to the local population in accordance with the legislation of the Kyrgyz Republic;
11) comply with the regime of the Issyk-Kul ecological and economic system provided for by the Law of the Kyrgyz Republic on the Sustainable Development of the Issyk-Kul Ecological and Economic System;
12) upon expiration of the lease agreement for the temporary use of land plots provided for in Article 1 of this Agreement, return the land plots in the condition stipulated by the Agreement, taking into account normal wear and tear;
13) not to alienate the right of urgent (temporary) use of a land plot, transfer of land plots as collateral, sublease, as well as carry out other civil law transactions provided for by the legislation of the Kyrgyz Republic directly or indirectly aimed at alienation;
14) comply with the terms and obligations stipulated in this agreement;
15) comply with the legislation of the Kyrgyz Republic (on urban planning, ecology, labor, etc.).
Article 4
1. The Parties guarantee that as of the date of conclusion of this Agreement, as well as during its validity period, they will not have any obligations to a third party in respect of the land plots specified in Article 1 of this Agreement.
2. The Kazakh Side undertakes to return to the Kyrgyz Side the land plots used by Facilities exceeding the size specified in Article 1 of this Agreement within 3 months from the date of entry into force of this Agreement.
3. If the Parties reach an agreement on the alienation of the Facilities, the Kyrgyz Side has the pre-emptive right to purchase the Facilities.
4. This Agreement retains its legal force even in the event of a change of ownership of resort and recreational Facilities.
5. In case of taking any actions that may lead to a change of ownership of the Facilities specified in Article 1 of this Agreement, the Kazakh Side shall notify the third Party of the encumbrance of these Facilities.
Article 5
1. In case of violation of the conditions provided for in Article 3 of this Agreement, with the exception of its subparagraphs 4) and 5), the Kazakh Side shall pay a fine in accordance with the norms established by the legislation of the Kyrgyz Republic.
In case of violation of Article 2 and subparagraph 4) of Article 3 of this Agreement, a penalty in the amount of 0.09 percent of the unpaid rent for each overdue day is charged.
Payment of the fine does not release the Kazakh Side from fulfilling the conditions stipulated in Article 3 of this Agreement.
In case of violation of subparagraph 5) of Article 3 of this Agreement, the Kazakh Side shall pay financial sanctions in the amount and in the manner prescribed by the legislation of the Kyrgyz Republic.
2. The Kazakh Side will compensate for the damage caused to the leased land plots specified in Article 1 of this Agreement due to its fault, with the exception of emergencies and natural disasters resulting from the influence of force majeure (floods, earthquakes, wars, etc.).
Article 6
The Kyrgyz Side undertakes to:
- not to take any actions to seize ownership of the Objects specified in Article 1 of this Agreement, except in cases of expropriation and nationalization in accordance with the legislation of the Kyrgyz Republic;
- in accordance with the legislation of the Kyrgyz Republic, exempt technological equipment imported as a contribution to the authorized capital or operated in Facilities for its intended purpose from payment of tax and customs duties.
- within one month from the date of signing this Agreement, will transfer to the Kazakh Side the land plots plans indicating the boundaries and geographical coordinates of the land plots specified in paragraph 1 of Article 1 of this Agreement.
Article 7
The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if this was the result of force majeure circumstances, that is, force majeure circumstances (natural disaster or other circumstances that cannot be foreseen or prevented), entailing non-fulfillment or improper fulfillment of the terms of the Agreement.
Article 8
1. Disputes concerning the interpretation and application of the provisions of this Agreement shall be resolved by the Parties through negotiations and consultations.
2. In case of failure to achieve a peaceful resolution of the dispute, the dispute will be considered in the CIS Economic Court with the application of the legislation of the Kyrgyz Republic.
Article 9
1. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, with the exception of the lease period for land plots specified in Article 1 of this Agreement, which are formalized in separate Protocols that are an integral part of this Agreement and which enter into force in accordance with the procedure provided for in Article 10 of this Agreement.
2. If an agreement is reached on extending the lease of land plots, a separate Agreement will be concluded between the Parties.
Article 10
This Agreement is temporarily applied from the date of signing to the extent that it does not contradict the laws of the States of the Parties and enters into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force, and is valid until the expiration of the period of temporary use of land plots on lease terms established in Article 1 of this Agreement, and is not limited to the terms of fulfillment of obligations stipulated in this Agreement.
Done in Astana on December 1, 2009, in two original copies in Russian, both texts being equally authentic.
For the Government
Republic of Kazakhstan
For the Government
Of the Kyrgyz Republic
Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the lease of land plots in the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic dated December 1, 2009
The Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic, hereinafter referred to as the Parties,
in order to resolve existing property issues between the two States,
being Parties to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Settlement of the Ownership Rights of the Republic of Kazakhstan to resort and recreational facilities located on the Territory of the Issyk-Kul region of the Kyrgyz Republic dated July 4, 2006 (hereinafter referred to as the Agreement) and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the lease of land plots in the Issyk-Kul district of the Issyk-Kul region of the Kyrgyz Republic dated December 1, 2009 (hereinafter referred to as the Agreement),
in order to ensure that the resort and recreational facilities specified in Article 1 of the Agreement are brought up to the level of at least 3 and 4-star hotels,
have agreed on the following:
Article 1
To make the following changes and additions to the Agreement:
1) in paragraph 2 of Article 1, after the word "Objects", add the words ", and separately "Object".";
2) in article 3:
(a) In subparagraph (3):
Replace the words "Issyk-Kul region, signed on July 4, 2006 in Astana" with the words "Issyk-Kul region of the Kyrgyz Republic, signed on July 4, 2006 in Astana (hereinafter referred to as the Agreement)";
add the following second paragraph:
"in order to implement the obligations stipulated in paragraph 2 of Article 1 of the Agreement, the Kazakh Side has the right to attract an investor/investors to the Facility/Facilities while preserving the ownership rights of the Kazakh Side to the Facility/Facilities, including future new capital construction facilities;";
b) subparagraph 13) should be worded as follows:
"13) not to alienate the right of urgent (temporary) use of land plots, transfer land plots as collateral, and also not to carry out other civil law transactions provided for by the legislation of the Kyrgyz Republic, directly or indirectly aimed at alienation;";
3) in paragraph 1 of Article 9, the words "and which enter into force in accordance with the procedure provided for in Article 10 of this Treaty" should be deleted;
4) add the following paragraph to Article 10:
"This Agreement is terminated before the expiration of the period of temporary use of land plots specified in Article 1 of this Agreement.:
fully with respect to all Facilities, in case of complete termination of the Agreement with respect to Facilities;
partially with respect to a single Object or several Objects, if the Agreement with respect to this Object or these Objects is terminated in accordance with the terms of the Agreement. In this case, the provisions of this Agreement shall continue to apply to the Facility or Facilities in respect of which or which the Agreement has not been terminated.".
Article 2
This Protocol is an integral part of the Treaty and shall enter into force on the date of receipt through diplomatic channels of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force.
Done in Bishkek on December 4, 2024, in two copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Protocol, the Parties shall refer to the text in Russian.
For the Government
Republic of Kazakhstan
For the Cabinet of Ministers
Of the Kyrgyz Republic
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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