On Public-Private Partnerships
Law of the Republic of Kazakhstan dated October 31, 2015 No. 379-V ZRK.
Attention users!
For ease of reference, the RCPI has been updated with a TABLE OF CONTENTS.
This Law defines the legal conditions for public-private partnerships, their implementation methods, and regulates public relations arising during the preparation and implementation of public-private partnership projects, and the conclusion, execution, and termination of public-private partnership agreements.
Chapter 1. GENERAL PROVISIONS
Article 1. Key Concepts Used in This Law
The following key concepts are used in this Law:
Note from the RCPI!
Subparagraph 1) is provided for in the version of Law No. 172-VIII of the Republic of Kazakhstan dated March 15, 2025 (shall enter into force on January 1, 2026). 1) Potential private partner – an individual entrepreneur, simple partnership, consortium, or legal entity, excluding state-owned legal entities, as well as
limited liability partnerships and joint-stock companies, in which fifty or more percent of the participating interests in the authorized capital or voting shares
are directly or indirectly owned by the state, applying to participate in a tender (
auction) or in direct negotiations to determine a private partner.
1-1) Potential private partner – an individual entrepreneur, simple partnership, consortium, or legal entity, excluding state-owned legal entities, as well as
limited liability partnerships and joint-stock companies, in which fifty or more percent of the participating interests in the authorized capital or voting shares
are directly or indirectly owned by the state, applying to participate in a tender (
auction) or in direct negotiations to determine a private partner. 1-2) Programmatic public-private partnership – the implementation of public-private partnership projects within the framework of industry (sphere) development concepts,
national projects in accordance with the procedure for determining a private partner, standard tender
documentation, and standard public-private partnership agreement developed and approved in accordance with this Law;
2) Private partner – an individual entrepreneur, simple partnership,
consortium, or legal entity, with the exception of state-owned legal entities, as well as limited liability partnerships and joint-stock companies,
fifty percent or more of whose equity stakes in the authorized capital or voting
shares are directly or indirectly owned by the state, that have entered into a public-private partnership agreement;
2-1) Account intended for crediting compensation for investment costs -
a bank account opened for a private partner by the creditor with restrictions on its
right to conduct expenditure transactions on it until the occurrence or fulfillment of the
conditions specified in the financing agreement for the assignment of a monetary claim
and/or the public-private partnership agreement;
3) Organizer of a tender (auction) or direct negotiations - a government
body that organizes and conducts a tender (auction) or direct
negotiations to determine a private partner in accordance with the competence
established in accordance with this Law;
3-1) Concession agreement (concession) - a public-private
partnership agreement concluded between a public partner (grantor) and a
private partner (concessionaire) and providing for the receipt
by the concessionaire of payment from consumers for the provision of goods, works, and services within the framework of the implementation of this public-private partnership project (payment from
consumers);
4) Availability fee – a monetary payment made from budgetary
funds in accordance with a public-private partnership agreement for
ensuring the operational and quality characteristics of a public-private partnership facility, as well as the availability of said facility to consumers based on the individual technical and economic parameters of the public-private partnership facility;
5) Public partner – the Republic of Kazakhstan, represented by one or more
government bodies authorized to implement state policy in the field of public-private partnership, or
government agencies, state-owned enterprises and/or limited liability partnerships, joint-stock companies, fifty or more percent
of the equity stakes or voting shares of which are directly or indirectly owned by the state, that have entered into a public-private partnership agreement;
6) Public-private partnership – a form of cooperation between a
public partner and a private partner that meets the criteria defined by this Law;
6-1) Public-private partnership web portal -
an information and communications platform designed for
centralized collection, processing, and storage of electronic information
resources in the field of public-private partnerships, identification of a private
partner, and monitoring