On the ratification of 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

Law of the Republic of Kazakhstan dated July 5, 2000 No. 80-II

       To ratify 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, 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 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

(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 929 State Flight Test Center 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 are facilities, battlefields (land plots) located on the territory of the Republic of Kazakhstan, the airspace of the 929 State Flight Test Center, hereinafter referred to as the Training Ground, 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, 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 and Atyrau regions 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 boundaries of the Polygon's airspace with a list of their coordinates are given in Appendix No. 3, which is also an integral part of this Agreement.       In order to ensure safety when performing tests conducted in accordance with the annual plan of research and testing, the Landfill command, after notifying the local executive authorities of the Republic of Kazakhstan, uses a land plot in the area of Maloe Bogdo Mountain, located inside coordinate points 3-7 of site No. 1 according to Appendix No. 1. Local executive authorities of the Republic of Kazakhstan, together with the command The landfill is carrying out measures to ensure the safety of the population in the area of Maloe Bogdo Mountain.       The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 22.02.2016 No. 458-V.

    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 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 facilities and combat fields of the 929 State Flight Test Center of the Russian Federation located on the territory 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 287.

    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 287.

    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 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 of Kazakhstan, dated 20 January 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.         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 287.

    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 the local executive authorities of the Republic of Kazakhstan, determines the procedure for the use by the Kazakh Side of the Landfill sites during seasonal agricultural and geological exploration 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 Landfill during testing operations in the interests of the 4th State Central Interspecific Landfill 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 No. 287; dated 02/22/2016 No. 458-V.

    Article 10    

     The airspace for the operation of the Landfill, the boundaries of which are specified in Appendix No. 3, is a zone of restricted use of airspace.         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 Russian Side undertakes not to conduct geological exploration or mining of minerals.         Animal hunting, fishing and harvesting of wild plants on the territory of the Landfill are carried out only on a licensed basis 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 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 footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 287.

  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    

       The recruitment of military formations of the Training Ground with conscripts is carried out by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan.  

    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 authorities 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  

       The financing of research and development work carried out by the Landfill is 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 and border control inspection is carried out at the Landfill sites by representatives of the customs and border services of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan. The command of the Landfill provides unhindered access of representatives of the customs and border services of the Republic of Kazakhstan to the Landfill facilities and ensures their delivery to and from the Landfill.       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.       The footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 07.21.2007 N 287.

  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 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

     The footnote. Appendix 1 as amended by the Law of the Republic of Kazakhstan dated 22.02.2016 No. 458-V

                                LIST of coordinate points defining the boundaries of the land plots of the 929 State Flight Test Center (facilities and battlefields located on the territory of the Republic of Kazakhstan)            Ministry of Defense of the Russian Federation

Point number

Geographical coordinates

northern latitude (degrees, minutes, seconds)

Eastern longitude (degrees, minutes, seconds)

Section No. 1, bounded by a line passing through points with coordinates:

1

48 20 00

46 49 00

2

48 28 00

46 49 00

3

48 28 00

47 00 00

4

48 27 21

47 02 45

5

48 27 33

47 05 24

6

48 28 16

47 05 29

7

48 29 00

47 00 00

8

48 30 00

46 55 00

9

48 37 00

46 55 00

10

48 37 00

47 10 00

11

48 44 00

47 10 00

12

48 44 00

47 13 00

13

48 46 00

47 16 00

14

48 46 00

47 25 00

15

48 44 00

47 25 00

16

48 44 00

47 27 00

17

48 45 00

47 28 00

18

48 44 00

47 48 00

19

48 40 00

47 48 00

20

48 40 00

47 33 00

21

48 32 00

47 33 00

22

48 32 00

47 48 00

23

48 36 00

47 48 00

24

48 36 00

48 03 00

25

48 43 00

48 03 00

26

48 37 00

48 52 00

27

48 38 00

48 53 00

28

48 37 00

49 07 00

29

48 30 00

49 05 00

30

48 19 00

50 15 00

31

48 17 00

50 14 00

32

48 05 00

49 58 00

33

48 05 00

49 47 00

34

48 04 00

49 44 00

35

48 03 00

49 25 00

36

47 57 00

49 25 00

37

48 00 00

49 12 00

38

48 05 00

48 53 00

39

48 07 00

48 27 00

40

48 10 00

48 02 00

41

48 11 00

48 00 00

42

48 12 00

47 49 00

43

48 13 00

47 35 00

44

48 14 00

47 28 00

45

48 15 00

47 12 00

46

48 20 00

46 49 00

Section No. 2, bounded by a line passing through points with coordinates:

1

48 05 06

53 02 00

2

48 18 35

53 02 32

3

48 17 45

53 42 56

4

48 04 17

53 42 14

5

48 05 06

53 02 00

Section No. 3, bounded by a line passing through points with coordinates:

1

47 13 15

51 55 58

2

47 13 23

51 55 57

3

47 13 23

51 56 21

4

47 13 14

51 56 22

5

47 13 15

 51 55 58».

         Appendix No. 2 to the Agreement between the Republic of Kazakhstan and        By the Russian Federation on the procedure for the use of the 929 State Flight Test Center (facilities and combat fields,              located on the territory            Republic of Kazakhstan)                Ministry of Defense of the Russian Federation      Federations                            

     The footnote. Appendix No. 2 as amended by the Law of the Republic of Kazakhstan dated 07/21/2007 N 287.

                          LIST of military facilities of the 929 State Flight Test Center of the Ministry of Defense of the Russian Federation, stationed in the territory of the Republic of Kazakhstan  

N n/a  

Name of the division or facility  

Location  

1.  

231 Sole proprietors  

Bokeyordinsky district of West Kazakhstan region, Turgai village  

2.  

171 Sole proprietors  

Bokeyordinsky district, Dzhangali district, Terekty village of West Kazakhstan region, Indersky district, Makhambet district of Atyrau region  

3.  

85 Sole proprietors  

Atyrau, Indersky district, Makhambet district of Atyrau region

         Appendix No. 3 to the Agreement between the Republic of Kazakhstan and        By the Russian Federation on the procedure for the use of the 929 State Flight Test Center (facilities and combat fields,              located on the territory            Republic of Kazakhstan)                Ministry of Defense of the Russian Federation      Federations                              

            The boundaries of the airspace used by 929 GLITZ    

           Latitude and Longitude  

         gr. min. S. S. gr. min. V. D.  

           N 1  49 40                                45 24    

     N 2  49 40                                46 00  

     N 3  50 10                                46 52  

     N 4  50 31                                46 54  

     N 5  50 27                                48 08  

     N 6  50 12                                51 10  

     N 7  49 41                                53 30  

     N 8  48 50                                55 10  

     N 9  48 28                                55 20  

     N 10 48 00                                54 50  

     N 11 47 40                                53 18  

     N 12 48 00                                51 20  

     N 13 47 53                                50 03  

     N 14 48 00                                49 15  

     N 15 47 40                                46 38  

     N 16 47 37                                46 16  

     N 17 48 27                                45 37  

     N 18 48 42                                45 17  

     N 19 49 40                                45 24  

President    

Republic of Kazakhstan     

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