On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the Status of the city of Baikonur, the procedure for the formation and status of its executive authorities
The RCPI's note. The Agreement is amended by the Law of the Republic of Kazakhstan dated 06/01/2010 No. 287-IV.
To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the Status of the city of Baikonur, the procedure for the formation and status of its executive authorities, signed in Moscow on December 23, 1995.
President
Republic of Kazakhstan
Agreement between the Republic of Kazakhstan and the Russian Federation on the status of the city of Baikonur, the procedure for the formation and status of its executive authorities (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 1, art. 1) (Entered into force on January 19, 1999 - J. "Diplomatic Courier", special Issue No. 2, September 2000, p. 173).
The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the Agreement between the Republic of Kazakhstan and the Russian Federation on the Basic Principles and Conditions of Use of the Baikonur Cosmodrome dated March 28, 1994 and the Lease Agreement for the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994, hereinafter referred to as the Lease Agreement, Taking into account the interests of the Parties, we have concluded this Agreement on the following.
Chapter I. General provisions
Article 1. Status of the city of Baikonur
1. The city of Baikonur is an administrative-territorial unit of the Republic of Kazakhstan operating under lease.
The facilities of the Baikonur cosmodrome, as well as other facilities that create the necessary communal, social and cultural conditions for the personnel of the Baikonur cosmodrome, their family members and other residents of the city, are located on the territory of the city.
For the period of lease of the Baikonur complex, the city of Baikonur, in relations with the Russian Federation, is given the status corresponding to the city of federal significance of the Russian Federation, with a special regime for the safe functioning of facilities, enterprises and organizations, as well as the residence of citizens.
2. The National Flag of the Republic of Kazakhstan and the National Flag of the Russian Federation are constantly hoisted on the building of the Baikonur City Administration.
Article 2. The border of the city of Baikonur
1. The border of the city of Baikonur (city line) defines the territory within which administrative management is carried out.
2. The official document fixing the city limits is the general plan of the city of Baikonur.
Article 3. Composition and use of the lands of the city of Baikonur
1. All lands within the city limits are under the jurisdiction of the city administration, while respecting the ownership of the land.
2. The specific use of lands classified in one category or another is carried out in accordance with the general plan of the city of Baikonur. A special usage regime may be established for individual sections of urban land.
Article 4. The rights of residents of the city of Baikonur
1. A citizen of the Republic of Kazakhstan or a citizen of the Russian Federation residing in the territory of the city and registered (registered) in the administration of the city of Baikonur is recognized as a resident of the city of Baikonur. The military personnel (officers, warrant officers) of the Baikonur cosmodrome and their family members belong to the residents of the city of Baikonur.
2. Any restrictions on the rights of residents of the city of Baikonur based on political beliefs, race and nationality, social origin, gender, social or property status, language, attitude to religion are not allowed.
3. In order to ensure the electoral rights of citizens of the Republic of Kazakhstan during elections to the highest representative authorities of the Republic of Kazakhstan, the administration of the city of Baikonur provides assistance to election commissions in organizing and conducting elections in the city.
4. The state authorities and management bodies of the Republic of Kazakhstan shall take measures to provide land plots for use by the administration of the city of Baikonur to meet the needs of the population in the development of horticulture, horticulture, agricultural production, housing and suburban construction outside the territory of the Baikonur complex in accordance with the legislation of the Republic of Kazakhstan.
5. Residents of the city of Baikonur have the right to appeal to the Russian court operating in the city against the decisions of the city administration, its bodies and officials.
Article 5. The system of city self-government
1. The city representative authorities in the city of Baikonur are not formed.
2. The population of the city of Baikonur exercises the rights of self-government:
through referendums held in the city, as well as through participation in general meetings and conferences of citizens at their place of residence.;
by participating in the elections of territorial public self-government bodies (committees of microdistricts, housing complexes, blocks, houses, etc.), as well as representatives of these bodies to the city's public council. Bodies of territorial public self-government of the population are not endowed with the rights of a legal entity.
3. The highest body of public self-government of the population of the city of Baikonur is the public council, formed from representatives of territorial public self-government bodies, organizations and enterprises registered as legal entities in the city.
The Public Council is established in order to assist city administration bodies and municipal services in solving issues of housing stock operation, construction, landscaping, public order, improving the work of trade enterprises, catering, transport, consumer services, communications, providing social support to the disabled, pensioners, large families, the poor, determining the most promising areas of the city's development, as well as assistance in controlling the expenditure of budgetary funds by the executive authorities of the city of Baikonur.
4. The activities of the public council are regulated by the regulations approved by the conference of residents of the city of Baikonur.
5. The Public Council is elected at a conference of residents of the city of Baikonur. Its structure and quantitative composition are determined by the head of the city administration, taking into account the wishes of the residents of the city. The personal composition of the public council is brought to the attention of the city's population by order of the head of the city administration.
Chapter II. Executive authorities, their status
and the order of formation
Article 6. Administration of the city of Baikonur
The Administration of the city of Baikonur, hereinafter referred to as the city administration, are executive authorities operating under the direct supervision of the head of this administration.
The Head of the city administration is appointed jointly by the President of the Republic of Kazakhstan and the President of the Russian Federation on the proposal of the Russian Side.
For the duration of the Lease Agreement, the city administration is formed by the Government of the Russian Federation on the recommendation of the head of this administration.
Article 7. Powers of the head of the city administration for
management of the city of Baikonur
1. Head of the City Administration:
Approves schemes for the management of branches of the urban economy, the social sphere, the organization of public order and the protection of citizens' rights;
Submits to the Government of the Russian Federation a draft city administration structure, candidates for deputy heads of the city administration, a draft city budget, and budget execution reports;
approves the candidacy of the head of the Department of Internal Affairs proposed by the higher body of internal Affairs of the Russian Federation;
coordinates with the Coordinating Council of the Baikonur complex plans for the economic and social development of the city, city programs on issues requiring approval at the level of the Kazakh-Russian Intergovernmental Commission on the Baikonur complex;
Approves contracts and agreements with state and public authorities, enterprises, institutions and organizations on their participation in the socio-economic development of the city on issues related to the jurisdiction of the city administration.;
coordinates the activities of law enforcement agencies;
provides tax and other benefits to enterprises in accordance with the legislation of the Russian Federation, taking into account the importance of their activities for the city's population, within the limits of the amounts of taxes and other payments credited to the city budget revenue.;
Approves agreements on the voluntary pooling of funds from enterprises, organizations, citizens and the local budget for the construction, repair and maintenance of industrial and social infrastructure facilities;
concludes contracts with foreign partners for the sale and purchase of products for the needs of the city at the expense of foreign currency funds available to the city and on a different basis;
decides, in coordination with the Coordination Council of the Baikonur complex, on the opening of enterprises with the participation of foreign investors for the production of consumer goods and the provision of services to the public.;
organizes the execution of the budget of the city of Baikonur, opens and closes accounts in banking institutions, performs the functions of the administrator of loans in the execution of the budget;
Issues orders on the placement of new industrial enterprises at the facilities transferred to the city administration or the expansion of their activities.;
agrees to replace the tax payments of enterprises that enter the budget of the city of Baikonur with manufactured goods or services.;
decides, in coordination with the Coordination Council of the Baikonur complex, on the opening of enterprises with the participation of foreign investors for the production of consumer goods and the provision of services to the public.;
organizes the execution of the budget of the city of Baikonur, opens and closes accounts in banking institutions, performs the functions of the administrator of loans in the execution of the budget;
Issues orders on the placement of new industrial enterprises at the facilities transferred to the city administration or the expansion of their activities.;
agrees to replace the tax payments of enterprises that enter the budget of the city of Baikonur with manufactured goods or services.;
Takes measures coordinated with the head of the garrison, the Special Representative of the President of the Republic of Kazakhstan at the Baikonur cosmodrome and the Department of Internal Affairs to ensure the established procedure for holding meetings, rallies, street processions and demonstrations, festivities and religious ceremonies, and other mass public events in the city;
organizes administrative, supervisory, juvenile affairs and other commissions in the field of local city administration;
establishes the distribution of responsibilities among his deputies, determines the bodies and services of the city administration, which are assigned to each of the deputies, as well as the range of issues that the corresponding deputy is responsible for within the competence of the city administration. In matters of their competence, the deputy heads of the city administration issue orders that are binding on the relevant authorities and officials of the city administration.;
Issues orders in the event of natural disasters, environmental disasters, epidemics, epizootics, and fires on the implementation of appropriate measures jointly with the head of the Baikonur cosmodrome.
2. The head of the city administration, when distributing duties among his deputies, has the right to transfer to them the exercise of certain powers assigned to his jurisdiction, with the exception of the powers of the head of the administration to appoint heads of departments, departments and other divisions of the city administration, to revoke acts of the city administration, as well as the rights of the first administrator of loans.
3. The head of the city administration represents the city administration in relations with the Coordinating Council of the Baikonur complex, other state and public bodies, and territorial public self-government bodies; he may take measures to ensure the protection of the interests of the urban population and urban economy in court, the prosecutor's office, and the relevant authorities and management bodies.
4. The head of the city administration is responsible for the state of performance discipline in the city administration system.
5. The head of the city administration, deputy heads of the city administration, heads of departments, departments and other divisions of the city administration, as well as other employees of the city administration who belong to civil servants, may not perform part-time work in commercial organizations and engage in entrepreneurial activities.
Article 8. Powers of the head of the city administration for leadership
administrative divisions
Head of the City Administration:
Issues orders on the formation of departments, departments and other divisions of the city administration in accordance with the city management scheme.;
Approves the regulations on city administration bodies;
appoints heads of city administration bodies;
appoints other officials of the city administration office in accordance with the established procedure.;
enjoys the right to financially and morally encourage officials appointed by him and impose disciplinary penalties on them in accordance with the current legislation of the Russian Federation.;
Approves charters (regulations) defining the status of enterprises, institutions and organizations under the jurisdiction of the city administration.
Article 9. Powers of the head of the city administration for
implementation of control
1. The head of the city administration shall monitor the work of his subordinate units and heads of city administration bodies, as well as heads of enterprises appointed by him, monitor their compliance with legislation, and review reports and reports of relevant managers.
2. Head of the City Administration:
has the right to cancel acts of heads of city administration bodies;
has the right to suspend the construction and operation of facilities in the city in case of violation of environmental, sanitary, building regulations, plans and rules of development;
conducts public reception and ensures control over the adoption of measures on complaints and applications from citizens related to violations of their rights and legitimate interests;
Appoints commissions to review the economic and financial activities of enterprises and organizations located in the territory of the city of Baikonur.
Article 10. Property rights of the city administration
1. The facilities transferred under the acts of acceptance and transfer of the facilities of the Baikonur complex are in use and possession of the city administration.
2. Individuals engaged in entrepreneurial activity without forming a legal entity and legal entities of the Republic of Kazakhstan registered in the territory of the city of Baikonur, for the period of lease of the Baikonur complex, are registered with the tax authority of the city of Baikonur as individuals engaged in entrepreneurial activity and legal entities of the Russian Federation. At the same time, the property rights of the respective owners of the Republic of Kazakhstan are preserved. Taxes, fees, duties and other payments levied from legal entities and individuals are credited to the city budget.
3. For the period of lease of the Baikonur complex, the following state bodies of the Republic of Kazakhstan operate in the territory of the city of Baikonur: the court, the Prosecutor's Office, the department of the Aerospace Committee of the Ministry of Defense and Aerospace Industry of the Republic of Kazakhstan, the Special Representative of the President of the Republic of Kazakhstan at the Baikonur complex, the department of the State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan, the department of the National Bank of the Republic of Kazakhstan, a division of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (in terms of performing functions in the field of customs), the Department of Defense of the city of Baikonur, Kyzylorda region (with the functions of the former military commissariat), a division of the internal affairs bodies of the Republic of Kazakhstan, a division of the authorized body of the Republic of Kazakhstan in the field of environmental protection, a division of the Ministry of Justice of the Republic of Kazakhstan, a representative of the authorized body for control over the use and protection of lands of the local executive body of the Kyzylorda region, a division of the National Security Committee of the Republic of Kazakhstan, a division of the Border Service of the National Security Committee of the Republic of Kazakhstan, a division of the Administrator of Courts in the Kyzylorda region of the Department for Ensuring the Activities of Courts under the Supreme Court of the Republic of Kazakhstan (office of the Supreme Court of the Republic of Kazakhstan), a division of the Treasury Committee of the Ministry Finance of the Republic of Kazakhstan, division of the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan, Baikonur branch of Karmakshinsky district Department of Employment and Social Programs.
These state bodies of the Republic of Kazakhstan are not subject to re-registration with the administration of the city of Baikonur.
In the event of a change in the names and (or) functions of the said state bodies of the Republic of Kazakhstan, the Kazakh Side shall immediately notify the Russian Side through diplomatic channels.
The list of state bodies of the Republic of Kazakhstan in the territory of the city of Baikonur, provided for in this paragraph, may be changed by agreement between the Parties, which is formalized through the exchange of notes.
4. The leased housing stock of the city of Baikonur is distributed by the housing commission, which includes representatives of the Military Space Forces of the Russian Federation, the Russian Space Agency, and the city administration. The commission's decisions are made taking into account the regulatory needs of the departments in providing housing for the personnel of the Baikonur cosmodrome and their family members.
5. There is no privatization of facilities and property leased to the city administration.
The footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2016 No. 22-VI; dated 19.04.2019 No. 247-VI.
Article 11. The rights of the city administration in the field of land relations
1. The city administration uses land plots with objects transferred according to acceptance and transfer certificates.
2. City Administration:
Approves, in coordination with the Coordination Council of the Baikonur Complex, the list of land plots and natural objects that can be sublet only with the consent of the Coordination Council of the Baikonur Complex;
monitors the compliance of the use of land and other natural resources on the territory of the city by all land users with the requirements of the legislation of the Republic of Kazakhstan, the general plan of the city, as well as the rules for the use of land and other natural resources established in the city.;
Makes decisions on the provision and withdrawal of land plots allocated for use by the city.;
acts as a customer for the construction and repair of housing, social infrastructure facilities, including on the basis of equity participation of enterprises, institutions and organizations with their consent.
Article 12. Financial resources of the city of Baikonur
1. The financial resources of the city consist of the funds of the city budget and the extra-budgetary and foreign exchange funds formed by the city administration. At the same time, funds from special-purpose extra-budgetary funds (pension, social insurance, employment, medical insurance) are not included in the city budget.
2. City budget revenues consist of:
receipts of funds from the federal budget of the Russian Federation for the maintenance of the city of Baikonur;
funds received from the republican budget of the Republic of Kazakhstan to provide benefits provided by the legislation of the Republic of Kazakhstan to citizens of the Republic of Kazakhstan affected by environmental disasters;
taxes on the property of individuals, land tax, registration fee from individuals engaged in entrepreneurial activity in the city, at the rates provided for by the legislation of the Russian Federation;
rent for sublet buildings, structures, and other property owned and used by the city administration;
income from shares owned by the city, other securities, shares (deposits) in joint-stock companies and limited liability companies, from interest payments for loans provided by the city;
taxes, including value added tax, income tax, excise taxes, state duty, and other receipts in the city.
The budget deficit of the city of Baikonur is covered by subsidies, subventions and subsidies from the federal budget in accordance with the procedure determined by the Government of the Russian Federation.
3. When approving the budget, the planned excess of income over expenses, as well as the excess received additionally during budget execution as a result of over-fulfillment of income or savings in expenses, remains in the city budget and is directed by the head of administration to additional financing of regional and social programs of the city.
4. The city budget funds are spent with the participation and under the supervision of the Kazakh-Russian Intergovernmental Commission on the Baikonur complex. The report on the use of the city budget funds is approved by the Government of the Russian Federation.
Article 12-1. The use of indirect taxes on the sale and import of goods
1. Turnover (operations) for the sale of goods carried out between an individual entrepreneur or a legal entity registered with the tax authority of the city of Baikonur and an individual entrepreneur or a legal entity registered in another territory of the Republic of Kazakhstan in the case of export of goods from the territory of the city of Baikonur to another territory of the Republic of Kazakhstan or export of goods from another territory of the Republic of Kazakhstan to the territory of The cities of Baikonur are subject to value added tax (hereinafter referred to as - VAT) at a zero rate and are exempt from paying excise taxes on excisable goods. When carrying out such operations, these persons are entitled to tax deductions (offsets) in a manner similar to that provided for by the legislation of the Republic of Kazakhstan and the Russian Federation applicable to goods exported from the territory of these states outside the Eurasian Economic Union.
The validity of the application of the zero VAT rate and (or) exemption from excise duties on exported goods is confirmed by the documents provided for in paragraph 5 of this Article.
2. The import of goods to another territory of the Republic of Kazakhstan from the territory of the city of Baikonur is subject to indirect taxes at the rates established by the Tax Code of the Republic of Kazakhstan, levied by the tax authorities of the Republic of Kazakhstan and paid to the budget of the Republic of Kazakhstan, with the exception of goods that, in accordance with the legislation of the Republic of Kazakhstan, are not subject to taxation (exempt from taxation) upon import.
3. The import of goods into the territory of the city of Baikonur from another territory of the Republic of Kazakhstan is subject to indirect taxes at the rates established by the Tax Code of the Russian Federation, levied by the tax authority of the city of Baikonur, with the exception of goods that, in accordance with the legislation of the Russian Federation, are not subject to taxation (exempt from taxation) when imported into the territory of the Russian Federation and other territories under its jurisdiction.
4. Indirect taxes are not levied on the import of goods to another territory of the Republic of Kazakhstan from the territory of the city of Baikonur (to the territory of the city of Baikonur from another territory of the Republic of Kazakhstan) in connection with the transfer of goods within the same legal entity (the legislation of the Parties may establish an obligation to notify tax authorities on import (export) such products).
5. The documents confirming the validity of the application of the zero VAT rate and (or) exemption from excise taxes are:
1) agreements (contracts) on the basis of which goods are sold and exported to (from) the territory of the city of Baikonur from another territory of the Republic of Kazakhstan (copies thereof, if provided for by the legislation of the Parties);
2) a bank statement confirming the actual receipt of proceeds from the sale of goods, unless otherwise provided by the legislation of the Parties;
3) an application for the import of goods and payment of indirect taxes with a note from the tax authority of the Republic of Kazakhstan or the tax authority of the city of Baikonur at the location (residence) of the buyer of the goods for the payment of indirect taxes (exemption or other procedure for fulfilling tax obligations) (hereinafter referred to as the application) or a list of applications (on paper or in electronic form with electronic with the taxpayer's (electronic-digital) signature). The forms of the application and the list of applications, as well as the procedure for filling them out and formats are determined by the regulatory legal acts of the tax authorities of the Parties or other regulatory legal acts of the Parties.;
4) transport (shipping) and (or) other documents confirming the export of goods from the territory of the city of Baikonur to another territory of the Republic of Kazakhstan or the export of goods from another territory of the Republic of Kazakhstan to the territory of the city of Baikonur;
5) other documents confirming the validity of applying the zero VAT rate and (or) exemption from excise taxes, if this is provided for by the tax legislation of the Parties when exporting goods.
6. The application and collection of indirect taxes in respect of goods in the cases specified in paragraphs 1-3 of this Article and the mechanism for monitoring their payment upon import (export) of goods to (from) the territory of the city of Baikonur from another territory of the Republic of Kazakhstan are carried out similarly to the procedure established by the Treaty on the Eurasian Economic Union of 29 May 2014.
7. When selling goods in the territory of the city of Baikonur without exporting these goods to another territory of the Republic of Kazakhstan, indirect taxes are applied in accordance with the Tax Code of the Russian Federation.
The footnote. The Agreement is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2016 No. 22-VI.
Article 12-2. The use of indirect taxes in the performance of works and services
1. Indirect taxes are levied on the performance of works and services provided in the territory of the city of Baikonur or another territory of the Republic of Kazakhstan, if this territory is recognized as the place of implementation of works and services.
2. The place of realization of works and services is determined by:
1) at the location of the immovable property, if the works and services are directly related to the immovable property.
The provisions of this subparagraph shall also apply to services related to the rental, hiring and provision of immovable property for other purposes.;
2) at the location of the movable property or vehicle, if the work or services are directly related to the movable property or vehicles located in the relevant territory;
3) at the place of actual provision of services, if services are provided in the field of culture, art, education, physical culture, tourism, recreation and sports;
4) at the place of registration with the tax authorities of the buyer of the services, if the following services are provided:
consulting, legal, accounting, auditing, engineering, advertising, design, marketing, information processing services, as well as research, development and development (technological) work;
works and services related to the development of programs for electronic computers and databases (computer software and information products), their adaptation and modification, and maintenance of such programs and databases;
staff services in case the staff works at the buyer's place of business.
The provisions of this subparagraph shall also apply if:
transfer, grant, assignment of patents, licenses, and other documents certifying the rights to state-protected industrial property, trademarks, trademarks, trade names, service marks, copyrights, related rights, or other similar rights;
lease, leasing and provision for use on other grounds of movable property, with the exception of lease, leasing and provision for use on other grounds of vehicles;
provision of services by a person who engages another person on his own behalf for the main participant in the agreement (contract) or on behalf of the main participant in the agreement (contract) to perform the work and provide the services provided for in this subparagraph;
5) at the place of registration with the seller's tax authorities, if work is performed (services are provided) not provided for in subparagraphs 1-4 of this paragraph.
The provisions of this subparagraph shall also apply to the rental, leasing and provision of vehicles for other purposes.
3. The documents confirming the place of implementation of works and services are:
1) an agreement (contract) for the performance of works and the provision of services;
2) documents confirming the fact of performance of works, provision of services;
3) other documents stipulated by the tax legislation of the Parties.
4. If a taxpayer performs or provides several types of work or services, the taxation procedure of which is regulated by this article, and the sale of some work or services is of an auxiliary nature in relation to the sale of other work or services, then the place of sale of ancillary work or services is recognized as the place of sale of the main work or services.
5. If the territory of the city of Baikonur is recognized as the place of implementation of works and services, then when performing works and services, the tax base, indirect tax rates, the procedure for their collection and tax benefits (exemption from taxation) are determined in accordance with the Tax Code of the Russian Federation.
If a different territory of the Republic of Kazakhstan is recognized as the place of implementation of works and services, then when performing works and services, the tax base, indirect tax rates, the procedure for their collection and tax benefits (exemption from taxation) are determined in accordance with the Tax Code of the Republic of Kazakhstan.
6. The application and collection of indirect taxes in the performance of works and services between an individual entrepreneur or a legal entity registered with the tax authority of the city of Baikonur and an individual entrepreneur or a legal entity registered in another territory of the Republic of Kazakhstan, and the mechanism for monitoring their payment are carried out similarly to the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.
The footnote. The Agreement is supplemented by Article 12-2 in accordance with the Law of the Republic of Kazakhstan dated 24.11.2016 No. 22-VI.
Article 13. The banking system in the city of Baikonur
1. Banking services for individuals and legal entities of the Republic of Kazakhstan and the Russian Federation are provided in the city of Baikonur by banking institutions of the National Bank of the Republic of Kazakhstan, the Central Bank of the Russian Federation, and other banks of the Republic of Kazakhstan and the Russian Federation that have opened branches at the Baikonur complex.
2. Banks of the Republic of Kazakhstan operating in the territory of the city of Baikonur carry out their activities in accordance with the legislation of the Republic of Kazakhstan.
Banks of the Russian Federation operating and reopening on the territory of the Baikonur complex for the period of lease of this complex carry out their activities in accordance with the legislation of the Russian Federation.
Banks of other countries are opened as foreign banks in accordance with the legislation of the Republic of Kazakhstan.
The Central Bank of the Russian Federation oversees the activities of the banks of the Russian Federation.
Banking supervision over the activities of banks of the Republic of Kazakhstan and banks of other states on the territory of the Baikonur complex is carried out by the National Bank of the Republic of Kazakhstan.
3. The national currencies of the Republic of Kazakhstan and the Russian Federation are the means of payment on the territory of the Baikonur complex.
4. All types of payments between legal entities and individuals on the territory of the Baikonur complex are made in Kazakhstani tenge and (or) in Russian rubles. In this case, the right to choose the currency belongs to the payer.
5. Settlements between residents of the Republic of Kazakhstan operating at the Baikonur complex and other residents of the Republic of Kazakhstan are carried out in Kazakhstani tenge.
Settlements between residents and non-residents of the Republic of Kazakhstan, as well as between non-residents of the Republic of Kazakhstan, are carried out in Kazakhstani tenge, Russian rubles or other foreign currency in accordance with the terms of settlement agreements between them.
Chapter III. Special conditions
Article 14. The special mode of operation of the city of Baikonur
1. A special regime for the safe operation of the Baikonur cosmodrome facilities, enterprises and organizations, as well as the residence of citizens, is established on the territory of the city of Baikonur, including:
establishment of controlled and/or restricted areas along the border and/or within the specified complex;
entry and exit restrictions;
restriction on permanent residence of citizens on its territory;
restriction to engage in certain types of activities;
restriction on the right to transfer ownership of immovable property resulting from restrictions on entry and residence.
2. Citizens residing, working and newly arriving at the Baikonur complex should be familiar with the conditions of the special regime and responsibility for its violation.
3. The conditions of the special regime for staying in the city of Baikonur and working at the facilities of the Baikonur cosmodrome are drawn up in the form of a separate document, which is communicated by the city administration to all enterprises, organizations, representative offices and other business entities.
Article 15. The Coordination Council of the Baikonur complex
The Coordination Council of the Baikonur Complex decides on the issues of interaction between organizations, enterprises and military units of the Republic of Kazakhstan and the Russian Federation in the city of Baikonur when fulfilling the Lease Agreement.
Article 16. Protection of objects of the city of Baikonur
1. Entry to and exit from the territory of the city of Baikonur is carried out through specially equipped checkpoints using special passes or other standard documents issued by the competent authorities, without conducting an inspection of personal belongings of citizens. The inspection of vehicles and personal belongings of citizens may be carried out only by special decision of the competent authorities.
2. The protection of the borders of the city of Baikonur, its territory (with the exception of the territory where military facilities are located) and civilian facilities, including federal facilities, is organized and controlled by the city administration.
3. The protection of industrial facilities is organized and provided by the heads of the relevant industrial enterprises.
4. Military facilities located on the territory of the city are protected using the forces and means of the Ministry of Defense of the Russian Federation (Military Space Forces). In order to maintain the required level of law and order among the military, a closed garrison is formed, in which garrison and guard services are organized in accordance with the established procedure. The procedure for interaction between law enforcement and military authorities is determined by the legislation of the Russian Federation, the agreement on cooperation between law enforcement agencies of the Republic of Kazakhstan and the Russian Federation, and the orders of the chief of the garrison.
5. The Department of Internal Affairs of the Russian Federation is responsible for maintaining law and order and ensuring the regime of residence in the territory of the city of Baikonur.
A representative office of the Ministry of Internal Affairs of the Republic of Kazakhstan is being established to ensure cooperation between law enforcement agencies of the Republic of Kazakhstan and the Russian Federation.
6. Fire protection in the city of Baikonur is organized by the city administration and is carried out by full-time specialized units maintained at the expense of the city budget. The available departmental fire-fighting forces and facilities are involved in solving fire protection tasks.
Article 17. General social compensation
People living and working under special conditions are subject to general social compensation, which includes an increased level of security for the population, social protection measures, wage benefits, and state insurance.
Article 18. Registration and conscription work in the city of Baikonur
The military commissariats of the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation provide accounting and conscription work with residents of the city of Baikonur.
Article 19. Features of the interaction of the city administration with
Cosmodrome Command
1. The basis of interaction between the head of the city administration and the cosmodrome commander is their joint work in the Coordination Council of the Baikonur complex.
2. On issues of life support for the city of Baikonur and the Baikonur cosmodrome that require prompt solutions, the head of the city administration and the commander of the cosmodrome carry out coordinated actions and organize operational interaction of the city's life support services with the duty shifts of the cosmodrome.
3. The facilities and infrastructure systems of the Baikonur complex located in the city of Baikonur and under the jurisdiction of the Ministry of Defense of the Russian Federation (the Krainy airfield, rail transport, communications systems, and other facilities in accordance with acceptance and transfer certificates) are used by the city administration in accordance with a separate agreement with the Baikonur cosmodrome command.
Article 20. Employment of citizens in the territory
the Baikonur complex
1. Employment of citizens of the Republic of Kazakhstan and the Russian Federation in institutions, organizations and enterprises operating at the Baikonur complex, as well as for contract service in internal affairs bodies, is carried out on the basis of professional aptitude in accordance with the selection criteria in force in these institutions, organizations and enterprises.
2. The calculation of work experience for citizens of the Republic of Kazakhstan and the Russian Federation working in institutions, organizations and enterprises of the Baikonur complex is carried out in accordance with the procedure and amounts provided for by the legislation of the Russian Federation, while maintaining the existing benefits for the city of Baikonur. At the request of a citizen of the Republic of Kazakhstan, the calculation of the specified length of service may be carried out by the relevant authorities of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
Article 21. Organization of supply of the Baikonur complex
At the Baikonur cosmodrome and in the city of Baikonur, centralized logistical support for socio-economic development programs is carried out in the category of special expenses, and centralized supply of food and industrial goods to the population is carried out in accordance with the procedure determined by the Government of the Russian Federation.
Article 22. Interaction of the administration of the settlements of Tyura-Tam and Akai with
administration of the city of Baikonur
The administration of the city of Baikonur cooperates with the administrations of these settlements on contractual terms on issues of life support, medical care, employment and other social problems of residents of the settlements of Tyura-Tam and Akai.
Chapter IV. Final provisions
Article 23. Term of the Agreement
The term of this Agreement is determined by the lease terms of the Baikonur complex, established by B948000_ Agreement between the Republic of Kazakhstan and the Russian Federation on the Basic Principles and Conditions of Use of the Baikonur Cosmodrome dated March 28, 1994 and U952195_ Lease Agreement for the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994.
Article 24. The procedure for making changes and additions
This Agreement may be amended and supplemented by mutual agreement of the Parties. Amendments and additions are formalized by protocols, which are an integral part of this Agreement.
Article 25. Dispute resolution procedure
Disputes concerning the interpretation and application of the provisions of this Agreement are subject to settlement through negotiations between the Parties.
The work under this Agreement and issues related to the functioning of the city administration are coordinated and resolved by the Kazakh-Russian Intergovernmental Commission on the Baikonur Complex.
Article 26. Entry into force of the Agreement
This Agreement shall enter into force on the date of receipt of the last notification that the Parties have completed the necessary internal procedures.
Done in Moscow on December 23, 1995, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.
This Law establishes the rules for registering the pledge of movable property in order to realize and protect the rights of individuals and legal entities who have legitimate rights to this property.
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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