On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the Use of the 4th State Central Interspecific Training Ground (facilities and battlefields located on the territory of the Republic of Kazakhstan) Ministry of Defense of the Russian Federation

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the Use of the 4th State Central Interspecific Training Ground (facilities and battlefields located on the territory of the Republic of Kazakhstan) Ministry of Defense of the Russian Federation

On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the Use of the 4th State Central Interspecific Training Ground (facilities and battlefields located on the territory of the Republic of Kazakhstan) Ministry of Defense of the Russian Federation

Law of the Republic of Kazakhstan dated July 5, 2000 No. 71-II

The footnote. Title and preamble as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 N 286.

To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the use of the 4th State Central Interspecific Training Ground (facilities and battlefields located on the territory of the Republic of Kazakhstan) Ministry of Defense of the Russian Federation, committed in Moscow on January 20, 1995.

President of the Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for the use of the 4 State Central Training Ground (facilities and combat fields located on the territory of the Republic of Kazakhstan) of the Ministry of Defense of the Russian Federation

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on July 27, 2000)

The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the provisions of the Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Kazakhstan and the Russian Federation dated May 25, 1992, the Treaty between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994 and the Agreement between the Republic of Kazakhstan and the Russian Federation on the use of testing grounds dated January 22, 1993, Recognizing the need to preserve and improve the 4th State Central Interspecific Training Ground of the Ministry of Defense of the Russian Federation for research and use in the interests of strengthening security and developing the economy of the Parties, agreed as follows:

Article 1

The subject of this Agreement is the facilities, battlefields (land plots) of the 4th State Central Interspecific Landfill located on the territory of the Republic of Kazakhstan, hereinafter referred to as the Landfill and the conditions for the use of land plots, movable and immovable property by the Russian Federation on lease terms. The procedure for the transfer of land plots, the list and composition of movable and immovable property of the Landfill, the duration of the lease, the amount of rent and the timing of its payment are determined by a separate Lease Agreement for the Landfill, concluded by the Governments of the Parties within three months after the signing of this Agreement. The landfill is located on the territory of the West Kazakhstan region of the Republic of Kazakhstan. The boundary of the land plots of the Polygon is considered to be the line connecting geodetic signs and reference points on the ground, the coordinates of which are given in Appendix No. 1, which is an integral part of this Agreement. The list of military facilities of the Range is given in Appendix No. 2, which is also an integral part of this Agreement. The Emba landfills (5580 testing support base) and Sary-Shagan are subordinate to the Head of the Landfill. The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 2

1. The movable and immovable property of the Landfill, created, acquired and delivered as of August 31, 1991, is the property of the Republic of Kazakhstan. 2. Ownership of movable and immovable property created, acquired and delivered to the Landfill after August 31, 1991 belongs to the Party that financed its creation, acquisition and delivery, excluding the costs of maintenance, operation and maintenance of movable and immovable property of the Landfill. At the same time, the Russian Federation coordinates with the Republic of Kazakhstan the creation and supply of such property, as well as its use by the Parties after the end of the lease term. 3. In all cases, control over the environmental and other safety of design solutions is ensured by submitting the necessary data to the relevant ministries and departments of the Republic of Kazakhstan by the Landfill command for study and expert opinion. At the same time, the Russian Federation guarantees the environmental and other safety of its design solutions.

Article 3

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 in accordance with 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 4 State Central Landfill of the Russian Federation located on the territory of Of the Republic of Kazakhstan, dated October 18, 1996. The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 4

Movable and immovable property provided to the Russian Federation on lease terms, and the corresponding land plots specified in Appendix No. 1 to this Agreement, should be used only for their intended purpose in accordance with the regulations on the Landfill approved by the Minister of Defense of the Russian Federation in coordination with the Minister of Defense of the Republic of Kazakhstan. This property and land plots cannot be sublet to legal entities and individuals of the Parties or third countries. The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 5

Upon expiration of the lease term, as well as in case of early termination of this Agreement, or termination of work on individual facilities transferred under lease, the Russian Federation returns to the Republic of Kazakhstan the relevant land plots in a condition suitable for further operation, as well as leased movable and immovable property, taking into account their depreciation. In all cases, the acceptance and transfer of property and land plots is carried out by a joint commission composed of authorized representatives of the Parties. The disposal of leased movable and immovable property, which is subject to write-off in accordance with technical standards, is carried out by the state body of the Republic of Kazakhstan authorized to manage state property, upon the agreed submission of the Ministries of Defense of the Parties.

Article 6

The Ministry of Defense of the Republic of Kazakhstan has the priority right to purchase new types of weapons and military equipment that have been tested at the Test Site, including at the expense of rent, in accordance with the procedure established by the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994.

Article 7

1. The military formations ensuring the operation of the movable and immovable property of the Landfill transferred to the Russian Federation are part of the Armed Forces of the Russian Federation. The status of military formations of the Russian Federation temporarily located on the territory of the Republic of Kazakhstan, their members and their family members, as well as issues of jurisdiction of the competent authorities of the Russian Federation on the territory of the Training Ground are determined 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 of Kazakhstan dated January 20, 1995 and other agreements of the Parties. 2. The structure and staffing of military formations are approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan. The appointment of the head of the Landfill is carried out by the President of the Russian Federation in consultation with the President of the Republic of Kazakhstan on the proposal of the Minister of Defense of the Russian Federation, agreed with the Minister of Defense of the Republic of Kazakhstan 3. When changing the volume of tasks performed by the Landfill, the Ministry of Defense of the Russian Federation coordinates with the Ministry of Defense of the Republic of Kazakhstan the necessary changes in the structure and staffing of its military formations located at the Landfill. The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 8

The activities of the Landfill leased to the Russian Federation are regulated by the regulations on the Landfill and are carried out on the basis of: Landfill development plans, including capital construction plans; annual plans for scientific research and testing; annual plans and schedules for conducting military exercises with missile launches. Annual plans and schedules are coordinated with the Ministry of Defense of the Republic of Kazakhstan no later than December 1 of the year preceding the planned one.

Article 9

1. The Russian Federation, when using the leased movable and immovable property of the Landfill, undertakes to ensure: maintenance of the Landfill infrastructure; testing of samples of weapons and military equipment of the Parties within the designated boundaries of the Landfill; safety of work and missile launches within the Landfill; preservation and development of the scientific and technical testing complex and infrastructure of the Landfill and their maintenance in proper condition; search, evacuation and disposal of remnants of missiles and targets, timely cleaning of battlefields; timely elimination of the consequences of accidents and compensation for damage caused to the Republic of Kazakhstan; unhindered access of representatives of the state sanitary and environmental supervision and other regulatory authorities of the Republic of Kazakhstan to the Landfill; improvement of the environmental situation of the Landfill through the development, approval and implementation of long-term and annual nature protection programs; reclamation of the impact fields of targets and missiles (if necessary, in the manner determined by agreement of the Parties). 2. In cases of falling targets, aircraft, missiles or their parts outside the combat fields of the Range, the Russian Federation shall provide the Republic of Kazakhstan with official information about the incident within twenty-four hours. The investigation is conducted by a joint commission of the Parties, established no more than three days after the submission of the investigation materials of the case to the Republic of Kazakhstan and the Russian Federation. 3. The command of the Landfill, together with local authorities and management, determines the procedure for using the Landfill sites during seasonal agricultural work and provides assistance in the elimination of natural disasters. 4. The operation, maintenance and improvement of intra-polygon communication lines, highways and railways are carried out by the military formations of the Landfill operating these facilities. 5. The temporary termination or restriction of planned operations of the Landfill when using its territory for other purposes is carried out on the basis of joint decisions of the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation. 6. It is allowed to use the land and 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 plans for research and testing work provided for in Article 8 of this Agreement. The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 10

The procedure and conditions for the use of the Landfill's airspace, as well as the flight of aircraft, are determined in accordance with the legislation and regulations in force in the Republic of Kazakhstan.

Article 11

The disposal and burial of radioactive, toxic substances and other products that pose a danger to human health, flora and fauna are prohibited on the land plots used by the Landfill. The management of the land cadastre and monitoring on the territory of the Landfill, control over the targeted use of land is carried out by the authorized state body for land management of the Republic of Kazakhstan in accordance with the procedure and terms agreed with the command of the Landfill. The Russian Side does not conduct geological exploration and development of minerals on the territory of the Landfill and provides animal hunting, fishing and harvesting of wild plants on the territory of the Landfill in accordance with the legislation of the Republic of Kazakhstan. The Russian Side is obliged to comply with environmental regulations, operating rules and norms of water and land use of the Republic of Kazakhstan. The environmental damage caused by the Landfill's activities is being eliminated by the Russian Federation. At the same time, the amount of damage and the forms of its compensation are determined by an interstate commission specially created by the Parties. The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 12

If one Party establishes organizations and enterprises at the Landfill facilities to carry out programs and works in the order of conversion, their list, terms of operation, location, financing and provision procedures are agreed upon by the Governments of the Parties.

Article 13

Conscription of military formations of the Training Ground is carried out by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan. The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 286.

Article 14

The legal status and social security of persons who are members of military formations, divisions and industrial enterprises stationed on the territory of the Landfill, their family members and persons seconded to the landfill are determined in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994 and other agreements between the Parties regulating the status of military formations. Of the Russian Federation, temporarily located on the territory of the Republic of Kazakhstan, and persons belonging to these military formations.

Article 15

The protection of facilities located on the territory of the Landfill is carried out by the forces of the military formations that operate them. Law enforcement and combating crime on the territory of the Landfill are carried out by law enforcement agencies of the Republic of Kazakhstan in cooperation with the command of the Landfill.

Article 16

The Republic of Kazakhstan may send its representatives to the Landfill to resolve issues related to the implementation of the Landfill lease agreement and this Agreement.

Article 17

1. The polygon is a high-security object. Its counterintelligence support is carried out in accordance with the Agreement between the Russian Federation and the Republic of Kazakhstan on Cooperation and Cooperation to ensure the security of military formations of the Russian Federation temporarily located in the Territory of the Republic of Kazakhstan and their members. Security measures at the Landfill facilities are organized and carried out by the Landfill command in accordance with the procedure established by the Armed Forces of the Russian Federation. 2. The Parties mutually recognize the existing forms of access of the control bodies of the Parties to works and documents of special importance, top secret and secret. 3. Representatives of military units of the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation, as well as industrial organizations of the Parties, are allowed to enter the Training Ground in accordance with agreed plans for development and research activities, tactical exercises of the Armed Forces of the Republic of Kazakhstan, and limited applications from these units and organizations, based on certificates of admission issued by control bodies of the Parties, or the headquarters of military units, institutions and departments of the Parties. 4. The admission of officials of the Republic of Kazakhstan to the Landfill for the performance of their official duties is carried out in accordance with the procedure established by the regulatory acts of the Republic of Kazakhstan, as well as the regulations on the Landfill. 5. Officials and delegations of ministries, departments and control bodies of the Republic of Kazakhstan are sent to the Landfill facilities in order to perform their official duties in coordination with the security authorities of the Republic of Kazakhstan, the Russian Federation and the command of the Landfill. 6. The approval of visits to Landfill sites for the specified category of persons is carried out no later than three days before the arrival date. 7. The stay of third-country nationals at the Landfill is agreed upon by the Parties in accordance with the established procedure.

Article 18

Financing of research and development projects

The works performed by the Landfill are carried out by the Party in whose interests they are carried out.

Article 19

The military formations of the Russian Federation located at the Landfill, as well as the maintenance and development of the Landfill infrastructure, are funded by the Russian Federation.

Article 20

1. Customs inspection at Landfill sites is carried out by representatives of the customs services of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan. 2. The passage of goods for the Landfill through the customs borders of the Republic of Kazakhstan and the Russian Federation is carried out in accordance with the customs legislation of the Republic of Kazakhstan and the Russian Federation without payment of customs duties, excise taxes and other taxes, the collection of which is entrusted to the customs authorities. 3. Military personnel, their family members, and industry specialists, when they are sent to a new place of service or work from the Russian Federation to the Landfill and back, transport personal property across the customs border without paying customs duties, excise taxes, and other taxes, the collection of which is entrusted to the customs authorities. 4. The procedure for military transportation and payments for them are determined by a separate agreement of the Parties.

Article 21

On the territory of the Training Ground, all types of support for military formations of the Ministry of Defense of the Russian Federation, including commercial and household, are provided by the Ministry of Defense of the Russian Federation. Both citizens of the Russian Federation and citizens of the Republic of Kazakhstan are accepted for the positions of workers and employees of the Landfill. At the same time, regardless of their nationality, they are subject to all conditions of remuneration that comply with the labor legislation of the Russian Federation.

Article 22

Coordination of the Parties' activities on the implementation of this Agreement is carried out by a joint committee, which is established in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994. At the same time, the joint committee, within the limits of its powers, makes decisions on controversial issues. In other cases, he submits relevant proposals to the Governments of the Parties.

Article 23

This Agreement may be amended and supplemented based on the mutual consent of the Parties. The agreement is concluded for a period of ten years. Its validity will then be automatically extended for the next ten years, unless either Party notifies the other Party in writing of its desire to terminate it at least six months before the expiration of the relevant period.

This Agreement is suspended if the Parties have not reached an agreed decision on the terms of the lease, or if the Parties fail to comply with these terms. This Agreement shall be temporarily applied from the date of its signing and shall enter into force on the date of the last notification by the Parties on the completion by each of them of the internal procedures necessary for its entry into force.

Done in Moscow on January 20, 1995, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Republic of Kazakhstan For the Russian Federation

Appendix No. 1 to the Agreement between the Republic of Kazakhstan and By the Russian Federation on the procedure for the use of the 4th State Central Interspecific Training Ground (facilities and battlefields located on the territory of the Republic of Kazakhstan) of the Ministry of Defense of the Russian Federation Federations

The footnote. Appendix No. 1 as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 No. 286.

The boundaries of the battlefields for the fall of the separating parts of the missiles on the territory of the Republic of Kazakhstan

Bokeyordinsky district of West Kazakhstan region