On Ratification of the Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba Landfill dated January 20, 1995
Law of the Republic of Kazakhstan dated July 21, 2007 No. 283
To ratify the Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill dated January 20, 1995, signed in Moscow on April 4, 2006.
President of the Republic of Kazakhstan
protocol on amendments and additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of use and lease of the Emba landfill dated January 20, 1995
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on August 3, 2007)
The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, have agreed to make the following amendments and additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill dated January 20, 1995 (hereinafter referred to as the Agreement): 1) the name and paragraphs four and five of the preamble after the word "Emba" should be supplemented with the words "(5580 base for testing)"; 2) in Article 1: add the words "(5580 base for testing)" to the first paragraph after the words "Emba"; In the second paragraph, replace the word "annex" with the words "Annex No. 1"; add the following paragraphs to the article: "The list of military facilities of the Training Ground is given in Annex No. 2, which is an integral part of this Agreement. The list of property of the Republic of Kazakhstan leased to the Russian Federation at the Landfill is given in Appendix No. 3, which is an integral part of this Agreement."; 3) Article 3 should be worded as follows: "1. The Republic of Kazakhstan transfers land plots with movable and immovable property of the Landfill located on them to the Russian Federation for temporary use on lease terms. 2. The Russian Federation pays for the use of land plots by the Landfill in the interests of the Russian Federation, including land plots with movable and immovable property located on them, during their lease period in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site dated October 18, 1996."; 4) in paragraph 1 of Article 6, the words "determined by a separate Agreement of the Parties" should be replaced by the words "the persons who are part of them and their family members, as well as issues of jurisdiction of the competent authorities of the Russian Federation on the territory of the Landfill are determined by the Agreement between the Republic of Kazakhstan and the Russian Federation on the status of military formations of the Russian Federation temporarily located on the territory of the Republic Kazakhstan, dated January 20, 1995 and other agreements of the Parties"; 5) The first paragraph of Article 7 should be worded as follows: "The activities of the Landfill are regulated by the regulations on the structural units, facilities and combat fields of the State Central Interspecific Landfill of the Ministry of Defense of the Russian Federation located on the territory of the Republic of Kazakhstan, approved by the Minister of Defense of the Russian Federation in coordination with the Minister of Defense of the Republic of Kazakhstan (hereinafter referred to as the regulations on the Landfill), and is carried out on the basis of:"; 6) in Article 8: in the second paragraph, the words "restoration and" should be deleted; after the ninth paragraph, add the following paragraph: "reclamation of the impact fields of targets and missiles (if necessary, in accordance with the procedure determined by agreement of the Parties)."; add the following paragraph to the article: "It is allowed to use land plots and the airspace of the Test Site during testing operations in the interests of the 929 State Flight Test Center of the Ministry of Defense of the Russian Federation on the basis of annual research and testing plans provided for in Article 7 of this Agreement."; 7) add the following paragraph to Article 9: "The management of the land cadastre and monitoring on the territory of the Landfill, control over the intended use of land is carried out by the authorized state body for land resources management of the Republic of Kazakhstan in accordance with the procedure and terms agreed with the command of the Landfill."; 8) Consider the Annex to the Agreement as Annex No. 1 and state it in the following wording:
"The boundaries of the land plots of the Emba landfill (5580 testing base) located on the territory of the Republic of Kazakhstan
Point number
Geographical coordinates
northern latitude
eastern longitude
Mugalzharsky district of Aktobe region: site No. 1, bounded by coordinates (northern section):
1
48 0 26'00"
57 0 39'00"
2
48 0 26'00"
57 0 47'00"
3
48 0 25'00"
57 0 56'00"
4
48 0 24'00"
58 0 03'00"
5
48 0 23'00"
58 0 09'00"
6
48 0 11'00"
58 0 19'00"
7
48 0 04'00"
58 0 12'00"
8
47 0 58'00"
58 0 14'00"
9
48 0 00'00"
57 0 29'00"
10
48 0 08'00"
57 0 29'00"
11
48 0 14'00"
57 0 33'00"
section N 2, bounded by coordinates (southern section):
1
47 0 02'00"
58 0 06'00"
2
46 0 45'00"
58 0 06'00"
3
46 0 45'00"
57 0 47'00"
4
47 0 02'00"
57 0 50'00"
plot No. 3 with an area of 2 hectares - residential and industrial facilities in the village (Emba-5 military town)";
9) supplement the Agreement with Appendix No. 2 in the following wording:
"THE LIST of military facilities at the Emba test site (5580 testing support base) located in the territory of the Republic of Kazakhstan ____________________________________________________________ Name of the unit, | Location of the facility | ____________________________|_______________________________
5580 support base Aktobe region, testing works Mugalzhar district, village Emba";
10) supplement the Agreement with Appendix No. 3 in the following wording:
"LIST of property of the Republic of Kazakhstan leased to the Russian Federation at the Emba test site (5580 base for testing operations)
Name of the Property
Quantity (units)
The number according to the master plan
1.
Complex building
1
86
2.
Residential building
1
25
3.
Rossiyanka Hostel
1
42".
All disputes and disagreements between the Parties arising from the interpretation and application of the provisions of this Protocol will be resolved through mutual consultations and negotiations. If one of the Parties has issues that require a joint solution, this Party shall notify the other Party in writing no later than 30 days before the start of negotiations. This Protocol shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Protocol shall terminate simultaneously with the termination of the Agreement.
Done in Moscow on April 4, 2006, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.
For the Republic of Kazakhstan For the Russian Federation
President
Republic of Kazakhstan
© 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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases