On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the lease of the Saryshagan test site

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Law of the Republic of Kazakhstan dated July 5, 2000 No. 73.

Approve the agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the lease of the Saryshagan test site, concluded in Moscow on October 18, 1996.

President Of The Republic Of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the lease of the Saryshagan test site

Entered into force on May 7, 2003 (official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the lessor and lessee or parties, respectively,

On the basis of the agreement between the Republic of Kazakhstan and the Russian Federation on the conditions for the operation and lease of the Saryshagan test site and the provision of life in the city of Priozersk dated January 20, 1995 (hereinafter referred to as the agreement,

Taking into account mutual interest in the preservation, operation and development of the experimental testing and socio - cultural potential and infrastructure of the saryshagan test site (hereinafter referred to as the test site) ,

Taking into account the interests of the parties, based on the need for contractual regulation of the rights and obligations of the lessor and the lessee in the lease and operation of the landfill,

made this condition about the following:

Article 1

The subject of this agreement is relations between the Government of the Republic of Kazakhstan and the Government of the Russian Federation related to the use of land plots and movable and immovable property of the Republic of Kazakhstan submitted to the Russian Federation under a lease agreement.

In order to implement this Agreement, the parties shall establish authorized bodies within one month after its signing.

This agreement uses the terms defined in the agreement.

Article 2

The Government of the Republic of Kazakhstan, on behalf of the bodies authorized by it, within two months from the date of signing this Agreement, leases the landfill to the Government of the Russian Federation in the name of the bodies authorized by it.

The transfer of land plots and movable and immovable property under lease agreements is carried out by the authorized bodies of the parties in accordance with the agreed statements.

For objects and property that are not accepted for lease, the lessee provides the lessor with copies of sets of technical documentation to ensure their operation and repair.

Article 3

The lease of the landfill is carried out by the lessee for the purposes stipulated by the agreement, as well as the regulation on the landfill, approved by the Ministry of Defense of the Russian Federation in agreement with the Ministry of Defense of the Republic of Kazakhstan.

"Landfill" is a single complex that includes land plots and property located on it.

The rate for one unit of the landfill rental object, that is, the rent for the use of leased land plots of the landfill, including units of area (hectare) of land plots, including movable and immovable objects located on them, is set at US.2.33.

Warning. Article 3 as amended by the law of the Republic of Kazakhstan dated 21.07.2007 No. 284.

Article 4

The annual rent for the use of the landfill, calculated on the basis of the rate per unit of the landfill rental object established by Article 3 of this agreement, will amount to млн 16.276 million as of January 1, 2016. Amounts equivalent to US dollars. At the same time, the specified amount of the rent takes into account all types of taxes, commissions, fees and other payments that occurred on the day of signing this Agreement or entered after this date in the territory of the Republic of Kazakhstan and related to the rental of the landfill.

When changing the composition of the leased land plots of the landfill, as well as land plots, including movable and immovable property objects located on them, the rent changes in proportion to the change in the leased area of the land plots, taking into account the established rate per unit of the landfill rental object.

In case of changes in the rent for the use of the landfill, changes may be made to this Agreement, which are drawn up in separate protocols by mutual agreement of the parties.

The amount of equity participation of the Russian side in the maintenance of the infrastructure of the city of Priozersk is determined by a separate protocol on life support for the city of Priozersk and is included in the rent for the use of the landfill.

Warning. Article 4 as amended by the law of the Republic of Kazakhstan dated 21.07.2007 No. 284; as amended by the law of the Republic of Kazakhstan dated 29.02.2016 No. 463 - V.

Article 5

The annual rent established in Article 4 of this Agreement shall be charged in US dollars from January 1, 2005.

The transfer of rent payments is carried out annually in two equal parts each until the 5th day of the last month of the second and fourth quarters of the year.

The authorized body of the Kazakh side sends a notification to the Ministry of Defense of the Russian Federation indicating the recipient of the payment for the transfer of funds and financial details and notifies him of the receipt of the specified funds.

In case of changes in the recipient of the payment and (or) his financial details, the authorized body of the Kazakh side is obliged to notify the Ministry of Defense of the Russian Federation of this no later than one month before the expiration of the next payment period.

Warning. Article 5 as amended by the law of the Republic of Kazakhstan dated 21.07.2007 No. 284.

Article 6

99.85 million for property costs and expenses of the Republic of Kazakhstan in connection with the operation of the landfill in 1992-1996. Compensation in the amount equal to US dollars is carried out in accordance with a separate agreement concluded by the parties during 1997.

Article 7

All operations related to settlements on rent payments are performed by the National Bank of the Republic of Kazakhstan and the Central Bank of the Russian Federation without collecting commissions and other collections.

Article 8

As of August 31, 1991, separate movable property located at the landfill can be transferred to the property of the lessee by agreement between the authorized bodies of the parties with a deduction from its total cost during counter deliveries (works, services) of necessary products to the lessor from the Russian Federation.

Article 9

Within two months after the entry into force of this Agreement, the lessee and the lessor form a joint commission from representatives of the authorized bodies of the parties to determine the extent of possible environmental consequences of the landfill since 1992, and, if any, methods and terms for eliminating these consequences at the expense of the lessee.

In case of falling targets, test vehicles, missiles or their parts outside the territory of the test site during the work performed by the tenant, the latter is fully responsible and compensates the lessor for the actual damage caused if this incident occurred through the fault of the tenant.

Article 10

The landlord:

In accordance with the plans and schedules agreed in accordance with the procedure provided for in the agreements, the tenant shall ensure that the landfill is used for its intended purpose.;

Provides the provision of electricity, food, other material means of production in Kazakhstan to the lessee on a contractual basis, transport, housing and communal services necessary for the operation of the landfill and its employees at the prices and tariffs applicable to its armed forces in the Republic of Kazakhstan.

Article 11

Tenant:

Return to the lessor of the leased property at the end of the lease term with technical documentation in the amount that ensures its use in conditions suitable for further use (except for the property of RSO objects), and in the absence of the possibility of this, taking into account the depreciation of the property at the end of the lease term;

Ensures timely settlements of the lessor for electricity, food, other material means of production in Kazakhstan necessary for the operation of the landfill and its employees, for the specified transport, housing and communal services, educational and other services at prices and tariffs applicable to its armed forces in the Republic of Kazakhstan.

Article 12

The tenant:

To dispose of scientific, technical and other results obtained in the process of work carried out at the landfill in accordance with the objectives of the lease;

make proposals on the exclusion of individual property and land plots of the landfill from those that are hired and, accordingly, the rent is reduced;

make individual improvements to leased objects and property;

For carrying out repair, restoration work and improvements in enterprises and organizations of the Russian Federation, movable property of the landfill leased by the Russian Federation for temporary withdrawal from the territory of the Republic of Kazakhstan in accordance with the procedure provided for in Article 18 of the agreement;

with the written consent of the tenant;

to introduce improvements to leased objects and property without damage, without highlighting;

to carry out the construction of new facilities in accordance with the objectives of the lease;

It has the right to involve enterprises and organizations of third countries in the work at the landfill, including for the construction (reconstruction) of facilities.

Article 13

Tenant if the following conditions are met:

If the lessor agrees in writing with the tenant's statement of his intention to carry out new construction at the end of the lease term of the landfill, agreeing that the use of such objects by the tenant for their intended purpose will not be hindered;

If the lessee undertakes to the lessor to introduce a rental fee in the agreed amounts for the use of land plots on which the construction of new facilities will be carried out;

The lessor and the lessee, including issues of the legal status of employees using the same objects, come to an agreed conclusion on the terms of use of such objects with the expiration of this Agreement, including as soon as the lease time has elapsed, acquire ownership of the newly created objects at the landfill.

Article 14

The tenant, if the following conditions are met:

If the tenant agrees with the lessor to build new facilities on the territory of the landfill;

If, when agreeing, the lessor indicates that at the end of the lease term, he accepts the newly built object for further use at the expense of his own funds;

The lessee has the right to receive compensation for the residual value of the newly built objects if he provides the lessor with the determination of the residual value and the entire design and estimate and other technical documentation necessary for the further operation of these objects by the lessor, including the management of the operation of the newly built objects (except for

If one of the listed conditions is not met, the lessee transfers the newly built objects to the lessor free of charge.

Article 15

The landlord:

control over compliance of the tenant with the rules of the agreement and this Agreement;

In the interests of the Republic of Kazakhstan, it has the right to make proposals to change the composition of the leased property of the landfill and the land plots used by the lessee in accordance with the appropriate reduction in the rent payment in connection with their intended use.

Article 16

Objects built at the landfill at the expense of shared financing of the parties acquire the status of objects of joint ownership of the parties, in this case, the share of ownership of each of them is determined by their share of financing at the time of construction of these objects.

The terms of use of the objects of joint ownership, the determination of share contributions in their maintenance and other issues in their operation are agreed by the parties before the start of construction.

The scientific and technical results obtained in the process of using objects of joint ownership are the joint property of the parties.

Profit from the economic activities of objects of joint ownership is allocated in proportion to the shares of the parties ' property, unless otherwise provided by the agreement on the construction of these objects.

Article 17

Within three months after the entry into force of this Agreement, the parties sign a protocol on the procedure and conditions for the export of rocket fuel and other materials and substances that pose a threat to the natural environment and human health from the territory of the test site. The specified tools, materials and items, if necessary for the landfill service, the tenant ensures their safe storage and use.

Article 18

Disputes that may arise between the parties during the execution and interpretation of this agreement will be resolved through negotiations. One party shall notify the other 15 days before the start of negotiations about the occurrence of issues requiring a joint solution.

Article 19

This agreement is subject to approval and comes into force from the date of exchange of certificates of approval.

This agreement is concluded for the period of validity of the agreement and is extended together with it, as provided for in the agreement.

This agreement is temporarily in full force from the date of its signing.

Amendments and additions to this Agreement are made by mutual agreement of the parties.

It was created on October 18, 1996 in Moscow in two copies, each in Kazakh and Russian, and both texts have the same power.

The Russian Federation

For the government for the government

Protocol between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on ensuring the vital activity of the city of Priozersk

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the parties,

In order to implement the provisions of the agreement (hereinafter referred to as the agreement) between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the lease of the Saryshagan test site of October 18, 1996, taking into account the status of Priozersk as a city of regional subordination of the Republic of Kazakhstan and taking into account the transfer of objects of Housing and communal:

1.the subject of this protocol is to determine the procedure for interaction of the parties in cases of shared participation in ensuring the life activities of the city of Priozersk.

Authorized bodies of the parties to implement this protocol:

From the Kazakh side - akim of Priozersk, Karaganda region of the Republic of Kazakhstan;

From the Russian side - the Ministry of Defense of the Russian Federation.

2.the equity participation of the Russian side in the maintenance and reconstruction of existing facilities of the infrastructure of the city of Priozersk is determined in the amount of the amount of appropriation necessary for the maintenance of urban infrastructure facilities used by the authorized body of the Russian side, including those leased by the Russian side.

The list of objects of equity participation and use of the parties is determined annually from January 1, 1998 jointly by the authorized bodies of the parties.

When determining and operating the list of infrastructure facilities of the city of Priozersk by the authorized body of the Russian side, the available material, technical and other resources of the authorized body of the Russian side are taken into account and used in accordance with the list.

To determine the share participation of the Russian side in the creation of new infrastructure facilities in the city of Priozersk, the provisions of Article 16 of the agreement apply.

The authorized bodies of the parties provide mutual services in accordance with the balance sheet affiliation of the city's infrastructure facilities on a contractual basis in order to ensure the vital activity of the city of Priozersk. Medical services to residents of the towns of Tasaral, Gulshat, Kanshengel, Mynaral, Koktas, Saryshagan railway stations providing life support in Priozersk and the city of Priozersk, who do not have the right to receive free medical care in military medical institutions of the Ministry of Defense of the Russian Federation, are provided by the Military Hospital of the Saryshagan test site in accordance with the Annex to this protocol.

The share of the Russian side in the maintenance of the infrastructure of the city of Priozersk provided for in Article 5 of the agreement is transferred directly to the landfill command in a targeted manner to finance the costs of the Russian side in connection with the implementation of the provisions of this protocol.

3. parties, respectively:

A) to the Ministry of Transport and communications of the Republic of Kazakhstan and the Ministry of road communications of the Russian Federation to resolve the issue of mutually acceptable conditions for the transportation of goods by rail necessary to ensure the vital activity of the city of Priozersk and the saryshagan landfill;

B) to the authorized bodies of the parties:

within two months from the date of signing this protocol, develop a draft document defining the mode of sending the city of Priozersk;

Instructs on a contractual basis to develop proposals for the joint use of Kambala airport for commercial purposes.

4.disputes between the parties regarding the interpretation and application of the provisions of this Protocol shall be resolved through negotiations between the parties.

5.this Protocol shall enter into force from the date of the last statements of the parties on the implementation of internal state procedures for its entry into force and shall be in force until the expiration of the contract.

This protocol is temporarily valid in full from the date of its signing.

Created in Almaty on October 4, 1997, in two original copies, each in Kazakh and Russian, and both texts have the same power.

The Russian Federation

For the government for the government

Appendix to the Protocol on ensuring the vital activity of the city of Priozersk

Procedure for providing medical services to citizens of the Republic of Kazakhstan by the Military Hospital of the saryshagan test site

1.the Russian side shall allow citizens of the Republic of Kazakhstan residing in the city of Priozersk and other places of the Republic of Kazakhstan, specified in Paragraph 2 of this protocol, to receive medical care in the Military Hospital of the Saryshagan test site (hereinafter referred to as the hospital), who do not have the right to receive free medical care in military medical institutions of the Ministry of Defense of the Russian Federation on a contractual basis, paid for at tariffs applicable in the Russian Federation within the framework of compulsory medical insurance of citizens.

2.in agreement with the head of the saryshagan test site, the executive authorities of the Republic of Kazakhstan send citizens of the Republic of Kazakhstan for treatment to the hospital. At the same time, citizens of the Republic of Kazakhstan are accepted for permanent treatment in a hospital or outpatient services under the medical insurance policy of the compulsory medical insurance fund under the Government of the Republic of Kazakhstan.

Delivery of diseases from citizens of the Republic of Kazakhstan to the hospital is organized by local administrative bodies.

Treatment in the hospital and discharge from it are formalized according to the rules established for Military Medical Institutions of the Russian Federation.

When providing emergency and emergency medical services to citizens of the Republic of Kazakhstan, the Kazakh side issues a referral for treatment of diseases within three days from the date of admission to the hospital.

3. the command of the saryshagan test site sends a report of the medical assistance provided to the Karaganda regional branch of the Compulsory Health Insurance Fund under the Government of the Republic of Kazakhstan for subsequent payment (hereinafter referred to as the EMP of the state health service), which:

with regular treatment - a period of five days after the discharge of the disease;

monthly outpatient care-the amount of all visits and medical care provided to citizens of the Republic of Kazakhstan.

Delivery of medicines from the pharmacy of the hospital to citizens of Kazakhstan during outpatient treatment is carried out by paying for retail sales established in the Russian Federation.

4.the requirements of citizens of Kazakhstan on financial accounting, quality of treatment, their care and other issues are reviewed and resolved by the head of the Karaganda regional branch of the Compulsory Health Insurance Fund under the Government of the Republic of Kazakhstan together with the head of the saryshagan test site.

5.the EMP of the SSS considers the calculation of the medical assistance provided to citizens of the Republic of Kazakhstan within ten days from the date of submission of documents and pays for the Saryshagan test site.

In case of non-payment of the report for a period of more than three months, the command of the Saryshagan test site (hospital) has the right to make a decision on the termination of medical care for citizens of the Republic of Kazakhstan with written notification to the authorized body of the Kazakh side and the EMP of the MMSC.

President

Republic of Kazakhstan

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