On Approval of the Rules for the Acceptance of Public-Private Partnership Facilities into State Ownership
Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated November 25, 2015 No. 713. Registered with the Ministry of Justice of the Republic of Kazakhstan on December 24, 2015 No. 12487.
In accordance with Subparagraph 8) of Article 20 of the Law of the Republic of Kazakhstan "On Public-Private Partnership," I ORDER:
Footnote. Preamble – as amended by Order of the Minister of National Economy of the Republic of Kazakhstan dated March 17, 2023 No. 37 (shall enter into force ten calendar days after the date of its first official publication).
1. To approve the attached Rules for the Acceptance of Public-Private Partnership Facilities into State Ownership.
2. The Department of Budget Investments and Public-Private Partnership Development of the Ministry of National Economy of the Republic of Kazakhstan shall ensure, in accordance with the procedure established by law:
1) state registration of this order with the Ministry of Justice
of the Republic of Kazakhstan;
2) within ten calendar days of state registration
of this order, sending a copy thereof for official publication in
periodicals and in the "Adilet" legal information system;
3) posting of this order on the website of the Ministry
of National Economy of the Republic of Kazakhstan.
3. Oversight of the implementation of this order shall be assigned to the supervising
Vice Minister of National Economy of the Republic of Kazakhstan.
4. This order shall come into effect ten calendar days after the date of its first official publication. Acting
Minister of National Economy
of the Republic of Kazakhstan M. Kusainov
"APPROVED"
Minister of Finance of the Republic of Kazakhstan
__________ B. Sultanov
November 25, 2015
Approved by Order of the
Minister of National
Economy of the Republic of Kazakhstan
dated November 25, 2015 No. 713
Rules for the Acceptance of Public-Private Partnership Facilities
into State Ownership
These Rules for the Acceptance of Public-Private Partnership Facilities
into State Ownership (hereinafter referred to as the Rules) have been developed in accordance with
Subparagraph 8) of Article 20 of the Law of the Republic of Kazakhstan "On Public-Private
Partnership" (hereinafter referred to as the Law) and define the procedure for the acceptance of public-private partnership facilities into state ownership.
Footnote Preamble – as amended by Order No. 37 of the Minister of National Economy of the Republic of Kazakhstan dated March 17, 2023 (shall enter into force ten calendar days after its first official publication).
Chapter 1. General Provisions
Footnote. Chapter 1 title – as amended by Order No. 37 of the Minister of National Economy of the Republic of Kazakhstan dated March 17, 2023 (shall enter into force ten calendar days after its first official publication).
1. Public-private partnership assets arising from the execution of a public-private partnership agreement are transferred to state ownership after their creation, unless otherwise provided by the public-private partnership agreement. 2. The following key concepts are used in these Rules:
1) Public-private partnership (hereinafter referred to as PPP) – a form of cooperation
between a public partner and a private partner that meets the criteria defined by the Law of the Republic of Kazakhstan;
2) PPP agreement – a written agreement defining the rights, obligations, and
responsibilities of the parties to the PPP agreement, as well as other terms of the PPP agreement within the framework of
the PPP project implementation;
3) PPP facilities – buildings, structures and/or equipment, property
complexes, and the results of intellectual creative activity that are created (including constructed and, if necessary, designed) and/or reconstructed and/or modernized, as well as operated within the framework of
the PPP project implementation;
4) Authorized body for state property management (hereinafter referred to as the authorized body for state property) - the central executive body exercising, within the limits of its competence, management in the sphere of republican property management, the exercise of state rights to republican property, privatization, and state monitoring of property in sectors of the economy of strategic importance and strategic facilities, with the exception of property assigned to the National Bank of the Republic of Kazakhstan;
5) Authorized body for the management of the relevant sector (sphere) of public administration (hereinafter referred to as the authorized state body
of the relevant sector) - the central executive body or department of the central executive body, determined by the Government of the Republic
of Kazakhstan, managing the relevant sector (sphere) of public administration and possessing rights in relation to republican
property under the conditions stipulated by the Law of the Republic of Kazakhstan "On
State Property" and other laws of the Republic of Kazakhstan;
6) Private partner - an individual entrepreneur, simple