On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of Use and Lease of the Sary-Shagan test site and Life Support in Priozersk

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of Use and Lease of the Sary-Shagan test site and Life Support in Priozersk

Law of the Republic of Kazakhstan dated July 5, 2000 No. 74

To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of Use and Lease of the Sary-Shagan test site and Life Support for Priozersk, signed in Moscow on January 20, 1995.

President of the Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of use and lease of the Sary-Shagan test site and life support in Priozersk

(Entered into force on July 27, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 5, art. 50)

The footnote. See the Law of the Republic of Kazakhstan dated July 21, 2007 No. 285 "Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of Use and Lease of the Sary-Shagan test site and Life Support of Priozersk dated January 20, 1995".

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 Agreement between the Republic of Kazakhstan and the Russian Federation on the Use of Test Sites dated January 22, 1993, reaffirming their commitment to the goals and principles, stipulated in the Treaty between the Union of Soviet Socialist Republics and the United States of America on the Limitation of Missile Defense Systems dated May 26, 1972, hereinafter referred to as the ABM-72 Treaty, guided by the Decision of October 9, 1992 on the Participation of the member States of the Commonwealth of Independent States in the ABM-72 Treaty, the Treaty between the Republic of Kazakhstan and the Russian Federation The Russian Federation on Military Cooperation dated March 28, 1994, the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-Technical Cooperation dated March 28, 1994, Proceeding from the fact that the facilities of the Sary-Shagan landfill and Priozersk, located on the territory of the Republic of Kazakhstan with their movable and immovable property, are the property of the Republic of Kazakhstan, and recognizing the need to preserve and develop the Sary-Shagan landfill in order to ensure defense capability, in the interests of the development of science and economics of the Parties, agreed as follows:

Article 1

The subject of this Agreement is the Sary-Shagan test site, hereinafter referred to as the Landfill and the city of Priozersk. The temporary transfer by the Republic of Kazakhstan to the Russian Federation of Landfill facilities, movable and immovable property of Priozersk in order to ensure defense capability, in the interests of the development of science and economics of the Parties is carried out on lease terms. List and composition of objects, movable and immovable property of the Landfill and The duration of the lease, the amount of rent and the terms of its payment are determined by a separate agreement concluded within three months after the signing of this Agreement. The landfill is located on the territories of Zhezkazgan, Zhambyl, Aktobe, and Kyzylorda regions. The list of coordinates of the points defining the boundaries of the land plots of the Polygon is given in the annex, which is an integral part of this Agreement.

Article 2

The Parties confirm the special status of the Test Site as an existing missile defense test site, mentioned in Article 4 of the ABM-72 Treaty and fixed in the Agreed Statement to the ABM-72 Treaty dated November 1, 1978.

Article 3

1. Movable and immovable property of the Landfill and the city of Priozersk, created and delivered before 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 and Priozersk after August 31, 1991 belongs to the Party that financed its creation, acquisition and delivery without taking into account the costs of maintenance, operation and maintenance of facilities at the Landfill and Priozersk. 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. In all cases, ensuring the environmental and other safety of design solutions is carried out by providing the command of the Landfill to the relevant ministries and departments of the Republic of Kazakhstan with the necessary data for study and expert opinion.

Article 4

1. The Republic of Kazakhstan transfers the Landfill facilities, land plots, movable and immovable property of Priozersk to the Russian Federation for temporary use on lease terms according to the agreed inventory lists as of August 31, 1991. After signing this Agreement, the Parties shall establish a joint commission to prepare a lease agreement for the said property. The Joint Commission determines the amount of the annual rent in the lease agreement, as well as estimates the amount of property losses and expenses of the Republic of Kazakhstan related to the operation of the Landfill and the city. Priozersk by the Russian Federation in 1992-1994, at the level of annual rent for each year. The Governments of both countries agree on a payment mechanism in accordance with the lease agreement. To this end, the Parties shall, within one month, submit to the joint commission the documents necessary for the implementation of these works. 2. The Republic of Kazakhstan grants to the Russian Federation the right to use the land plots occupied by the facilities of the Landfill and the city of Priozersk transferred to the Russian Federation on lease terms. The Russian Federation pays for the lands used by the Landfill (permanently or periodically) in the interests of the Russian Federation.

Article 5

Movable and immovable property and the corresponding land plots transferred to the Russian Federation on lease terms should be used only for their intended purpose to ensure the fulfillment of the tasks facing the Landfill. This property and land plots cannot be sublet to legal entities and individuals of the Parties or third countries.

Article 6

Upon expiration of the lease term, as well as in case of early termination of this Agreement or termination of work on certain facilities transferred under lease, the Russian Federation returns to the Republic of Kazakhstan the leased movable and immovable property, the corresponding land plots in a condition suitable for further operation. 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.

Article 7

1. The military formations ensuring the operation of the Landfill facilities, movable and immovable property of Priozersk 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 is determined by a separate agreement 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. In case of changes in the volume of tasks performed by the Range, the Ministry of Defense of the Russian Federation, in coordination with the Ministry of Defense of the Republic of Kazakhstan, carries out the necessary changes in the structure of the staffing of military formations of the Ministry of Defense of the Russian Federation.

Article 8

Priozersk is a city of regional subordination of the Republic of Kazakhstan. The maintenance of the infrastructure of Priozersk, with the exception of city facilities leased to the Russian Federation, is carried out by the Parties on the principles of equity participation and is determined by the lease agreement. The share of the Russian Federation for the maintenance of the infrastructure of Priozersk is paid to the Republic of Kazakhstan for the intended purpose of Priozersk and is included in the total rent for the use by the Russian Federation of the leased Landfill facilities, movable and immovable property of Priozersk. Priozersk. The administration of Priozersk provides military personnel, workers and employees of the Landfill, as well as industry representatives with housing and hotel facilities, for a fee in accordance with the legislation of the Republic of Kazakhstan, and also provides places in educational and preschool institutions.

Article 9

The activities of the Landfill are regulated by the regulations on it, approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan on defense issues and the Ministry of Science and New Technologies of the Republic of Kazakhstan on the subject of work in the interests of science and the economy of the Parties. The grounds for the specified activity of the Landfill are: - plans for the development and maintenance of the Landfill and the city of Priozersk, including capital construction plans; - annual research plans; - annual schedules for testing; - annual plans for conducting tactical exercises of the Parties' troops with real missile launches; - annual plans for the operation and repair of weapons and military equipment. Annual plans and schedules are approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Science and New Technologies of the Republic of Kazakhstan, as far as they relate, no later than December 1 of the year preceding the planned one.

Article 10

The Russian Federation, when using the facilities of the Landfill, movable and immovable property of Priozersk, undertakes to ensure: - restoration and maintenance of the infrastructure of these facilities; - testing of samples of weapons and military equipment of the Parties within the designated borders; - complete safety of work and missile launches within the territory of the Test Site; - use of test sites and combat fields to perform live firing in the interests of the Ministry of Defense of the Republic of Kazakhstan in coordination with the Ministry of Defense of the Russian Federation; - preservation of the scientific and technical testing complex and infrastructure of these facilities and their maintenance; - 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, the size of which is determined by the commission of the Parties; - improvement of the environmental situation within the Landfill by development, approval and implementation of long-term nature protection programs. 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. 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, as well as when providing assistance in the elimination of natural disasters. The operation and maintenance of intra-polygon communication lines, roads and railways, rolling stock and water transport are carried out by the military formations of the Landfill that operate these facilities. The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 02/29/2016 No. 464-V.

Article 11

The disposal and burial of radioactive, toxic substances, nuclear and chemical weapons, and other products that pose a danger to human health, flora and fauna are prohibited on the land plots used by the Landfill.

Article 12

The Russian Side is obliged to comply with environmental regulations, operating rules and norms of water and land use in accordance with the legislation of the Republic of Kazakhstan. In case of environmental damage caused by the activities of the Landfill, the consequences are eliminated by the Russian Federation. In this case, the procedure and the amount of damage are determined by a specially created interstate commission.

Article 13

Enterprises and organizations, military departments, and individuals of the Russian Federation are prohibited from geological exploration, mining, commercial animal hunting, fishing, and collecting wild plants on the territory of the Landfill.

Article 14

Customs inspection, including at the Priozersk military airfield, of imported and exported property is carried out by representatives of the customs inspections of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.

Article 15

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 Landfill, including at the expense of rent, in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation and the ABM-72 Agreement. The use of Landfill land is permitted in agreement with the Russian Side in the interests of military and military-technical cooperation of the Kazakh Side with third countries without prejudice to this Agreement. The Russian Side is not responsible for eliminating the negative consequences and compensating for the damage caused to the Kazakh Side, including to the environment and environmental management resulting from such use. The issues of using individual land plots are agreed upon by the Ministries of Defense of the Parties no later than December 1 of the year preceding the planned one. The footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 02/29/2016 No. 464-V.

Article 16

The Russian Federation undertakes obligations to assist the Republic of Kazakhstan in the development of radio electronics and communications, training and retraining of military, scientific and engineering personnel on the basis of separate agreements. The Parties promote the joint activities of the National Center for Radio Electronics and Communications of the Republic of Kazakhstan and industrial organizations of the Russian Federation operating at the Landfill, the creation of Kazakh-Russian joint ventures and organizational structures based on unused production facilities and facilities, attracting investors from other countries, and the participation of civil enterprises of the Republic of Kazakhstan and the Russian Federation in the operation of the Landfill.

Article 17

The airspace above the territory of the Landfill, the boundaries of which are defined in the annex to this Agreement, is used to ensure its activities and is a restricted area. The procedure and conditions for the use of airspace are determined by legislative and other regulatory acts of the Republic of Kazakhstan.

Article 18

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 current customs legislation of the Republic of Kazakhstan and the Russian Federation without payment of customs duties, excises and other taxes, the collection of which is entrusted to the customs authorities. Military personnel, their family members, and industry specialists, when they are sent 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.

Article 19

The disposal of movable and immovable property transferred to the Russian Federation for temporary use on lease terms, which have served the established depreciation periods of operation and are subject to write-off, is carried out by the state body of the Republic of Kazakhstan authorized to manage state property, on the recommendation of the Ministries of Defense of the Parties.

Article 20

On the territory of the Landfill and the city of Priozersk, commercial, social, and medical services are provided by the Parties. Both citizens of the Russian Federation and citizens of the Republic of Kazakhstan are accepted for civilian personnel positions. 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 21

The activities of military formations and industrial organizations of the Russian Federation stationed and operating on the territory of the Landfill are funded by the Russian Federation. The issues of circulation of the national currencies of the Parties in order to ensure the vital activity of the military personnel and military formations of the Parties located on the territory of the Training Ground are regulated in accordance with the Agreement between the Central Bank of the Russian Federation and the National Bank of the Republic of Kazakhstan.

Article 22

The polygon is a high-security feature. Counterintelligence support for the Priozersk Training Ground and facilities leased to the Russian Federation is carried out in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation 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 and the specified facilities Priozersk is organized and carried out by the command of the Training Ground in accordance with the procedure established in the Armed Forces of the Russian Federation. Representatives of military units of the Ministry of Defense of the Republic of Kazakhstan, the National Center for Radio Electronics and Communications of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation, as well as industry organizations of the Parties, are allowed to enter the Training Ground on the basis of agreed schedules for development, research, plans for tactical exercises of the Armed Forces of the Republic of Kazakhstan and limited applications from these units and organizations. 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. The stay of third-country nationals at the Landfill is agreed upon by the Parties separately.

Article 23

The Republic of Kazakhstan may establish special bodies and, if necessary, send their representatives to the Landfill to resolve issues related to the implementation of the Landfill lease agreement.

Article 24

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.

Article 25

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

ANNEX to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Test Site Sary-Shagan and Life support of Priozersk on January 20, 1995

The footnote. Appendix as amended by the Law of the Republic of Kazakhstan dated 02/29/2016 No. 464-V.

THE LIST of coordinate points defining the boundaries of the land plots of the Sary-Shagan test site

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:

46 07 20

73 34 28

46 38 34

73 26 20

46 46 45

73 25 40

46 53 37

73 18 25

46 56 00

72 39 45

47 00 43

72 01 50

47 04 10

71 52 00

47 12 33

71 19 40

47 13 00

71 02 00

47 22 00

70 26 00

47 10 00

70 23 33

47 23 45

69 32 31

47 33 10

69 20 19

47 19 15

69 14 00

47 16 27

69 12 40

46 10 19

69 13 22

46 00 00

69 16 20

45 28 00

70 31 50

45 27 00

70 36 00

45 25 00

70 56 30

45 25 30

71 27 20

45 23 25

71 34 00

45 19 20

72 03 42

45 20 12

72 17 20

44 57 55

73 17 23

44 55 26

73 19 56

44 57 23

73 30 30

44 59 26

73 38 45

45 02 55

73 46 23

45 10 41

73 42 57

45 14 25

73 44 40

45 30 13

73 29 58

45 39 21

73 21 15

45 40 25

73 18 50

45 47 15

73 19 55

46 07 20

73 34 28

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

47 14 45

68 22 55

47 14 45

68 22 30

47 14 25

68 22 30

47 14 25

68 22 55

47 14 45

68 22 55

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

47 23 48

67 32 46

47 24 07

67 27 24

47 23 17

67 26 42

47 21 06

67 25 51

47 20 18

67 29 47

47 21 07

67 31 55

47 23 48

67 32 46

Section No. 4, bounded by a line passing through points with coordinates:

47 29 53

63 05 55

47 54 30

63 13 26

47 58 40

63 14 02

47 55 01

63 40 56

47 53 40

63 42 56

47 53 00

63 39 56

47 28 44

63 40 53

47 29 53

63 05 55

Section No. 5, bounded by a line passing through points with coordinates:

47 23 17

61 27 04

47 29 35

61 08 54

47 45 00

60 26 56

48 08 45

60 34 46

48 05 53

61 11 27

48 03 45

61 09 17

48 00 28

61 08 09

47 57 02

61 08 20

47 54 00

61 10 59

47 50 50

61 14 11

47 23 17

61 27 04».

President

Republic of Kazakhstan

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