Law of the Republic of Kazakhstan of 31 October, 2015 № 379-V «On Public (government)-private partnership»

LAW

OF THE REPUBLIC OF KAZAKHSTAN

On Public (government)-private partnership

This law determines the legal conditions of public-private partnership, its ways on implementing and regulating social relations that occur in the process of preparation and realization of a project of public-private partnership, conclusions, execution and termination of the contract of public-private partnership.

Chapter 1. General provisions

Article 1. General concepts used in this Law

This law uses following major concepts:

1)Potential private partner- private partner willing to participate in the competition or in direct negotiations determining a private partner;

2)Private partner - sole proprietor, simple partnership, legal entity or consortium, with the exception of individuals acting as government partners in accordance with this Law that have concluded a public-private partnership agreement;

2-1) Account intended for crediting compensations of investing costs - a bank account opened by a lender to a private partner, limiting his right to perform expense transactions on it, prior to fulfillment of the conditions specified in the financing contract for the assignment of a monetary claim and (or) public-private partnership agreement;

3)Organizer of the competition or of direct negotiations - public partner that organizes competition or direct negotiations on determining private partner, with the exception of cases that stipulate provision of state support measures and (or) payments from the state budget when the organizer of the competition or direct negotiations is a central government body or local executive bodies of regions, cities of republican significance and capital in accordance with the competence established by this Law;

4)Availability fee - monetary payment realized by the budget capital in accordance with the contract of public-private partnership for the provision of operational and quality characteristics of the object of public-private partnership, as well as the availability of the specified object to consumers, based on the individual technical and economic parameters of the object of public-private partnership;

5)Public partner - Republic of Kazakhstan, represented by state bodies, state institutions, state organizations and partnerships with limited liability, joint stock companies fifty or more percent of shares of which directly or indirectly belong to the government that has entered into a public-private partnership agreement;

6)Public-private partnership - form of cooperation between a government partner and a private partner corresponding to the features defined by this Law;