LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 15, 2025 No. 172-VIII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation and recognition voided the Law of the Republic of Kazakhstan "About concessions"

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1) In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

to state Item 6 of Article 541 in the following edition:

"6. Features of delivery in property employment of state-owned property based on the agreement of public-private partnership are established by the legal act of the Republic of Kazakhstan for public-private partnership.";

Article 738-2 to state 2) in the following edition:

"Article 738-2. Concession of monetary claim when financing projects of public-private partnership

Features of financing of projects of public-private partnership under concession of monetary claim are established by the legislation of the Republic of Kazakhstan in the field of public-private partnership.

Provisions of this Chapter are applied to transactions of financing of projects of public-private partnership if other is not established by the legislation of the Republic of Kazakhstan in the field of public-private partnership.";

3) in part three of Item 1 of Article 740:

in the subitem 5) of the word "and means of target fee" shall be replaced with words "and transfers";

7) to state the subitem in the following edition:

"7) on the money which is on the bank accounts intended for transfer of compensation of investment costs according to the legislation of the Republic of Kazakhstan in the field of public-private partnership;";

4) in Article 741 part two:

in the subitem 5) of the word "and means of target fee" shall be replaced with words "and transfers";

6) to state the subitem in the following edition:

"6) on the money which is on the bank accounts intended for transfer of compensation of investment costs according to the legislation of the Republic of Kazakhstan in the field of public-private partnership;";

to state item 4 of Article 883 in the following edition:

"4. Features of trust management of state-owned property are established by legal acts of the Republic of Kazakhstan for state-owned property, public-private partnership and other legal acts of the Republic of Kazakhstan.".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003:

Item 2-1 of Article 33 to state 1) in the following edition:

"2-1. Restrictions, stipulated in Item 2 these Articles, do not extend to the transactions, including pledge made by land users concerning the land use right to the parcel of land which is occupied with alienable buildings (structures, constructions) and is intended for their operation which is in structure of lands of forest and water funds, especially protected natural territories, improving, recreational and historical and cultural appointment, and also to transfer to temporary free use of the parcels of land for construction, reconstruction and operation of defense objects under agreements of public-private partnership according to the laws of the Republic of Kazakhstan.";

2) in Article 36:

in paragraph eight of Item 1 of the word", including" to exclude agreements of concession;

in part one of Item 2 of the word", including concessionary projects" to exclude;

Item 5 of Article 39 to state 3) in the following edition:

"5. Delivery by the state land user of the parcel of land belonging to him in temporary free use is not allowed, except cases of provision of the parcel of land according to the procedure of office plot and under agreements of public-private partnership for construction, reconstruction and operation of defense objects.";

The subitem 17) of Item 1 of Article 48 to state 4) in the following edition:

"17) to private partners for projects implementation of public-private partnership;";

The subitem 5) of Item 1 of Article 114 to state 5) in the following edition:

"5) railway tracks and objects of rail transport under agreements of public-private partnership.".

3. In the Water code of the Republic of Kazakhstan of July 9, 2003:

Part one of Item 1 of Article 37 to add 1) with subitems 28-6) and 28-7) of the following content:

"28-6) exercises control and regulation of activities of subjects of natural monopolies in the field of water supply and (or) water disposals regarding services in water supply in channels and regulation of superficial drain by means of retaining hydraulic engineering constructions according to the legislation of the Republic of Kazakhstan on natural monopolies;

28-7) develops and claims in coordination with the central authorized bodies on budgetary planning and budget implementation of the rule of subsidizing and payments of subsidies from the budget for covering of expenses for repayment, servicing and joint financing on the loans attracted under the state guarantee on development of water storage basins, channels and hydraulic engineering constructions of the Republic of Kazakhstan;";

Item 1 of Article 135 to add 2) with subitem 3-1) of the following content:

"3-1) subsidizing and payment of subsidies from the budget for covering of expenses for repayment, servicing and joint financing on the loans attracted under the state guarantee on the development of water storage basins, channels and hydraulic engineering constructions of the Republic of Kazakhstan performed according to the rules determined by authorized body in coordination with the central authorized bodies by budgetary planning and budget implementation;".

4. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

in the paragraph the second part seven of Article 161 of the word "and means of target fee" shall be replaced with words "and transfers".

5. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

1) in Article 74:

state item 4 in the following edition:

"4. In other cases the public-private partnership is performed on method of contractual public-private partnership.

The contractual public-private partnership is implemented by means of the conclusion and implementation of the agreement of public-private partnership, including in type:

1) concession treaty;

2) service contract.

On separate agreement types of public-private partnership (the concession treaty, the service contract) of the rule of law, the governing relations connected with the private partner, the state partner and the agreement of public-private partnership are applicable to the concessionary, the concedent and the concession treaty or the service contract respectively if other is directly not stipulated by the legislation the Republic of Kazakhstan.";

add with Item 5 of the following content:

"5. Agreements of contractual public-private partnership can include separate obligation types, including property trust management, property hiring (lease), the contract, paid rendering services.";

2) in Article 99:

add with subitems 2-6), 2-7) and 2-8) of the following content:

"2-6) develops and approves the register of measures of the state support of private entrepreneurship;

2-7) develops and approves rules of forming, maintaining and updating of the register of measures of the state support of private entrepreneurship;

2-8) develops and approves standard form of the standard of measures of the state support of private entrepreneurship;";

3) to state the subitem in the following edition:

"3) is carried out by efficiency analysis of measures of the state support of private entrepreneurship and develops offers on their enhancement;";

add with subitem 9-1) of the following content:

"9-1) develops and approves method of development of the Digital card of business;";

Part the second Item 3 of Article 169 to state 3) in the following edition:

"The prohibitions established by part one of this Item do not extend to vertical agreements if the share of the subject (subjects) of the market in one of the considered goods markets does not exceed twenty percent, except for vertical agreements under the organization and carrying out purchases of the goods and the biddings or agreements which are agreements of public-private partnership, the complex entrepreneurial license (franchizing).";

4) in Items 1 and 3 of Article 274 of the word", including the concessionary project" to exclude;

Part one of Article 284 to state 5) in the following edition:

"The investment project represents complex of the actions providing investments into creation new, expansion and (or) updating of the operating productions including the productions created, expanded and (or) updated in the project progress of public-private partnership and also the investments directed to crucial objects or projects of all-country value.";

The subitem 7) of Item 5 of Article 286 to state 6) in the following edition:

"7) the investing activities are performed not within the agreement of public-private partnership.".

6. In the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan":

subitem part one in paragraph three 2) Item 2 of Article 125 of the word of "means of target fee" to replace with the word of "transfers".

7. In the Administrative procedural Procedure Code of the Republic of Kazakhstan of June 29, 2020:

To add 1) with Article 41-1 of the following content:

"Article 41-1. Register of functions of state bodies

1. The register of functions of state bodies - the classified list of functions of the central state and local executive bodies.

Functions of the central state and local executive bodies are subject to inclusion in the register of functions of state bodies.

The procedure for maintaining the register of functions of state bodies, and also its structure are determined by authorized body in the field of development of system of public administration.

2. The register of functions of state bodies shall be created in electronic format and to be to available officials of state bodies.

The authorized body in the field of development of system of public administration together with authorized body in the field of informatization provides digitalization and automation of process of forming of the register of functions of state bodies.

The register of functions of state bodies is created according to classification of functions, stipulated in Item 2 Articles of 41 of this Code, on levels of public administration and includes the functions transferred in competitive environment.

3. State bodies provide entering into the register of functions of state bodies of new function, and also function exception in case of acceptance of the corresponding regulatory legal acts of the Republic of Kazakhstan or following the results of the functional analysis of activities.

4. Heads of state bodies bear the responsibility established by the laws of the Republic of Kazakhstan for timeliness of entering of new functions into the register of the state functions or their exception.";

2) in Article 47:

add item 4 with subitem 2-1) of the following content:

"2-1) provisions of transfers to legal entities;";

in Item 5 of the word of "implementation of outsourcing, the state task" shall be replaced with words "outsourcing, the state task, provision of transfers to legal entities";

Item 8 after the word of "justice" to add with words "except as specified, provided by the Constitutional law of the Republic of Kazakhstan "About the International financial center "Astana",";

in the subitem 2) of Item 13 of the word "register of functions" to replace with the word "functions";

To add 3) with Article 49-1 of the following content:

"Article 49-1. Transfer of function of the central executive bodies in competitive environment by provision of transfers to legal entities

1. Functions of the central executive bodies are transferred in competitive environment by provision of transfers to legal entities according to the budget legislation of the Republic of Kazakhstan.

2. Use of transfers by legal entities is performed according to the legislation of the Republic of Kazakhstan.";

Article 53 to add 4) with Item 9 of the following content:

"9. The central and (or) local executive bodies, National chamber of entrepreneurs of the Republic of Kazakhstan represent results of monitoring following the results of year to authorized body in the field of development of system of public administration.

The authorized body in the field of development of system of public administration based on the data provided by part one of this Item within the register of functions of state bodies keeps the register of functions of the central and (or) local executive bodies transferred to competitive environment with allocation of the functions attracting parafiscal payments.".

8. In the Code of the Republic of Kazakhstan of July 7, 2020 "About health of the people and health care system":

Article 7 to add 1) with subitem 63-1) of the following content:

"63-1) develops and claims in coordination with authorized bodies on budgetary planning and budget implementation of the rule of planning and allocation of budgetary funds to fund of social medical insurance, form and terms of submission of the reporting under funds for delivery of health care;";

Article 66 to state 2) in the following edition:

"Article 66. Public-private partnership in the field of health care

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