On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of facilities and Combat fields of the 929 State Flight Test Center of the Russian Federation located on the territory of the Republic of Kazakhstan
Law of the Republic of Kazakhstan dated July 5, 2000 No. 76-II
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of facilities and combat fields of the 929 State Flight Test Center of the Russian Federation located on the territory of the Republic of Kazakhstan, 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 facilities and combat fields of the 929 State Flight Test Center of the Russian Federation located on the territory of the Republic of Kazakhstan
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on May 7, 2003)
The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Lessor and the Lessee or the Parties, respectively, based on the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the use of the 929 State Flight Test Center (facilities and combat fields located on the territory of the Republic of Kazakhstan) Ministry of Defense of the Russian Federation dated January 20, 1995 (hereinafter referred to as the Agreement), taking into account the mutual interest in preserving, using and developing the experimental, testing and socio-cultural potential and infrastructure of the 929 State Flight Test Center (hereinafter referred to as the 929 GLITZ), based on the need for a contractual settlement of the rights and obligations of the Lessee and the Lessor during the lease and operation of facilities and combat fields 929 The GLITs located on the territory of the Republic of Kazakhstan (hereinafter referred to as the Landfill), taking into account the interests of the Parties, have agreed as follows:
Article 1
The subject of this Agreement is the relations between the Government of the Republic of Kazakhstan and the Government of the Russian Federation related to the use of land plots and, on lease terms, movable and immovable property of the Republic of Kazakhstan provided to the Russian Federation. In order to implement this Agreement, the Parties will establish authorized bodies within one month after its signing.
Article 2
The Government of the Republic of Kazakhstan, represented by its authorized bodies, shall lease the Landfill to the Government of the Russian Federation, represented by its authorized bodies, within two months from the date of signing this Agreement. The transfer of land plots and, on lease terms, movable and immovable property is carried out by the authorized bodies of the Parties in accordance with the agreed statements. For non-leased facilities and property, the Lessee provides the Lessor with copies of sets of technical documentation to the extent necessary 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 Regulations on the Landfill, approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan. A landfill is a single complex that includes land plots and the property located on them. The rate per unit of the Landfill rental facility, that is, the rent for the use of a unit of area (hectare) of leased Landfill land, including land with movable and immovable property located on them, is set at 2.33 US dollars. The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 No. 292.
Article 4
The annual rent for the use of the Landfill, calculated based on the rate per unit of the Landfill rental facility established in Article 3 of this Agreement, starting from January 1, 2016, amounts to the equivalent of 3.081 million US dollars. At the same time, the specified amount of rent takes into account all types of taxes, commissions, fees and other payments existing on the date of signing this Agreement or introduced after that date in the territory of the Republic of Kazakhstan and related to the lease of the Landfill. When the composition of the leased land plots of the Landfill, as well as land plots with movable and immovable property located on them, the rent changes in proportion to the change in the leased land area based on the established rate per unit of the Landfill rental object. In the event of a change in the rent for the use of the Landfill, changes may be made to this Agreement by mutual agreement of the Parties, formalized in separate protocols. The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 No. 292; as amended by the Law of the Republic of Kazakhstan dated 22.02.2016 No. 459-V.
Article 5
The annual rent specified in article 4 of this Agreement shall be charged in US dollars starting from January 1, 2005. Rental payments are transferred annually in two equal installments, each until the 5th 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 and the financial details for the transfer of funds and notifies him of the receipt of these funds. In the event of a change 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 no later than one month before the expiration of the next payment. The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 No. 292.
Article 6
Compensation for property losses and expenses of the Republic of Kazakhstan related to the operation of the Landfill in 1992-1996, in the amount equivalent to 9.07 million US dollars, is carried out in accordance with a separate agreement that the Parties will conclude during 1997.
Article 7
All transactions related to rent payments are performed by the Central Bank of the Russian Federation and the National Bank of the Republic of Kazakhstan without charging fees and other charges.
Article 8
Separate movable property located at the Landfill as of August 31, 1991, by agreement between the authorized bodies of the Parties, may be transferred to the ownership of the Lessee with offset of its total residual value in case of counter-deliveries of products (works, services) necessary to the Lessor from the Russian Federation.
Article 9
The Lessee and the Lessor, within two months after the entry into force of this Agreement, will establish a joint commission consisting of representatives of the authorized bodies of the Parties to determine the extent of possible negative environmental consequences of the Landfill's activities since 1992, and, if any, methods and deadlines for eliminating these consequences at the expense of the Lessee. In the event that targets, test vehicles, missiles or their parts fall outside the Landfill during work performed by the Lessee, the Lessee bears full responsibility and reimburses the Lessor for the actual damage caused if these events occurred due to the fault of the Lessee.
Article 10
The landlord provides: the Tenant operates the Landfill for its intended purpose in accordance with plans and schedules agreed upon in accordance with the procedure provided for by the Agreement; supplies electricity, food, and other material resources of Kazakhstani production to the Tenant on a contractual basis, provides transport, housing, educational, and other services necessary for the operation of the Landfill and its personnel, at prices and tariffs, used in the Republic of Kazakhstan for its own Armed Forces.
Article 11
The tenant provides: the return of the leased property to the Lessor at the end of the lease period, with technical documentation to the extent necessary to ensure its operation and repair, in a condition suitable for further operation, and if this is not possible, its value equivalent, taking into account the depreciation of the property at the end of the lease period.; timely payments for electricity, food, and other material resources supplied by the Lessor, as well as for transportation, housing, educational, and other services necessary for the operation of the Landfill and its personnel, at prices and tariffs applicable in the Republic of Kazakhstan for its own Armed Forces.
Article 12
The tenant has the right to: to manage scientific, technical and other results obtained in the course of work carried out at the Landfill in accordance with the purposes of the lease; to make proposals for the exclusion of individual property and land plots of the Landfill from the number of leased and a corresponding reduction in rent; make separable improvements to leased facilities and property; temporarily export from the territory of the Republic of Kazakhstan, in accordance with the procedure provided for in Article 20 of the Agreement, movable property of the Landfill leased by the Russian Federation for repair and restoration work and improvements at enterprises and organizations of the Russian Federation; with the written consent of the Lessor: to make inseparable improvements without harm to leased facilities and property; to carry out the construction of new facilities in accordance with the objectives of the lease; involve enterprises and organizations from third countries in the work at the Landfill, including the construction (reconstruction) of facilities.
Article 13
The Lessee acquires ownership of newly created facilities at the Landfill, including upon expiration of the lease term, if the following conditions have been met: Upon written approval of the Tenant's statement of intention to carry out new construction, the Lessor agreed that at the end of the lease term of the Landfill, he would not object to the continued use of such facilities by the Tenant for their intended purpose.; The Tenant has assumed an obligation to the Landlord to pay rent in the agreed amounts for the use of land plots on which the construction of new facilities will be carried out.; The Lessee and the Lessor have come to an agreed conclusion on the operating conditions of such facilities after the expiration of this Agreement, including issues of the legal status of the personnel operating these facilities.
Article 14
The Lessee has the right to be reimbursed by the Lessor for the residual value of newly constructed facilities if the following conditions have been met: The Tenant has agreed with the Landlord on the construction of new facilities on the territory of the Landfill; Upon approval, the lessor indicated that upon the expiration of the lease term, he would take the newly built facilities into further operation at his own expense.; The Lessee provided the Lessor with all design estimates and other technical documentation, including operating manuals, for newly constructed facilities necessary to determine the residual value and further use of these facilities by the Lessor. In case of non-compliance with at least one of the specified conditions, the Tenant transfers the newly built facilities to the Landlord free of charge.
Article 15
The landlord has the right to: to monitor the Tenant's compliance with the terms of the Agreement and this Agreement; to make proposals on changing the composition of the leased property and the Landfill land used by the Tenant, with a corresponding change in rent.
Article 16
Objects created at the Landfill due to shared financing of the Parties acquire the status of objects of joint ownership of the Parties, while the share of ownership of each of them is determined by its share of financing when creating these objects. The operating conditions of the jointly owned facilities, shared contributions for their maintenance and other issues of their functioning are agreed upon by the Parties prior to the start of construction. The scientific and technical results obtained during the operation of jointly owned facilities are the joint property of the Parties. Profits from the economic activities of joint ownership facilities are distributed proportionally to the ownership shares of the Parties, unless otherwise provided for when approving the construction of these facilities.
Article 17
Disputes that may arise between the Parties during the implementation and interpretation of this Agreement will be resolved through negotiations. If any issues require a joint solution, one Party notifies the other no later than 15 days before the start of negotiations.
Article 18
This Treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. This Agreement is concluded for the duration of the Agreement and is extended with it in the same way as stipulated by the Agreement. This Agreement is temporarily applied in full from the date of its signing. Amendments and additions to this Agreement are made by mutual agreement of the Parties.
Done in Moscow on October 18, 1996, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.
For the Government For the Government of the Republic of Kazakhstan Of 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
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