CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 8, 2026 No. 286-VIII ZRK

About special legal regime of the city of Ala Tau

Chapter 1. General provisions

Article 1. Special legal regime of the city of Ala Tau

The city of Ala Tau functions and develops based on the Constitution of the Republic of Kazakhstan in the special legal regime of "the city of the accelerated development" (further - special legal regime) providing establishment of features of legal regulation of the public relations, including public administration according to this Constitutional law.

Article 2. Territory and residential suburb of the city of Ala Tau

1. The territory of the city of Ala Tau is not subject to reduction.

2. Increase in the territory of the city of Ala Tau taking into account borders of Almaty region is performed by regulatory legal act of administration according to the decision of Council of the city of Ala Tau (further - Council).

3. For the purpose of providing perspective of development of the city of Ala Tau with regulatory legal act of administration according to the decision of Council the residential suburb of the city of Ala Tau to which separate provisions of special legal regime, including the mode of town-planning regulation, procedure and the mode of use of lands are applied is established.

Article 3. Legislation of the Republic of Kazakhstan on special legal regime of the city of Ala Tau

1. The legislation of the Republic of Kazakhstan on special legal regime of the city of Ala Tau (further - the legislation on special legal regime) is based on the Constitution of the Republic of Kazakhstan and consists of this Constitutional law and acts of the President of the Republic of Kazakhstan, regulatory legal acts of the Government of the Republic of Kazakhstan, the central state bodies, National Bank of the Republic of Kazakhstan, other state bodies adopted in its realization, directly subordinate and accountable to the President of the Republic of Kazakhstan, administration, maslikhat and akimat of the city of Ala Tau, local executive and representative bodies of Almaty region and the city of Almaty.

2. If other is not provided by this Constitutional law, other legal acts of the Republic of Kazakhstan, and also subordinate regulatory legal acts adopted in their realization are applied to the public relations regulated by this Constitutional law taking into account the features determined by the legislation on special legal regime.

3. In the presence of contradictions between provisions of the legislation on special legal regime and provisions of other regulatory legal acts of the Republic of Kazakhstan provisions of the Constitution of the Republic of Kazakhstan and the legislation on special legal regime are applied.

In case of possibility of different understanding of contents of the text of the legislation on special legal regime preference is given to understanding which in the best way answers the purpose and tasks of special legal regime taking into account historical premises of its introduction.

4. The regulations of other legislation of the Republic of Kazakhstan contradicting regulations of the legislation on special legal regime or establishing additional requirements to functioning and development of the city of Ala Tau, public administration and implementation of activities and life activity in the city of Ala Tau can be applied to such relations only after entering of corresponding changes and amendments into this Constitutional law and other regulatory legal acts which are part of the legislation on special legal regime.

5. The international agreements ratified by the Republic of Kazakhstan have priority before this Constitutional law. The mode of operation in the territory of the Republic of Kazakhstan of international treaties is determined by the laws of the Republic of Kazakhstan.

The international agreements which participant the Republic of Kazakhstan intends to become and the drafts of international treaties of the Republic of Kazakhstan raising the questions of investments, conducting business activity, the organization of life activity and public administration in the city of Ala Tau and (or) its functioning and development before their signing are subject to obligatory approval of administration.

Article 4. The relations regulated by this Constitutional law

1. This Constitutional law and other regulatory legal acts adopted on its basis which are part of the legislation on special legal regime govern the public relations connected with functioning and development of the city of Ala Tau and implementation of activities and life activity in it.

2. Participants of the public relations regulated by this Constitutional law are state bodies, administrative authorities, officials, and also physical persons and legal entities.

3. If other is not provided by this Constitutional law, its action and action of other regulatory legal acts which are part of the legislation on special legal regime do not extend to the public relations, regulated:

1) the legislation of the Republic of Kazakhstan on defense and Armed Forces of the Republic of Kazakhstan, including activities of other troops and military forming providing defense capability of the country and homeland security about foreign intelligence, about counterintelligence activities, about operational search activities, about homeland security, about prosecutor's office, about special state bodies of the Republic of Kazakhstan, about Service of the state protection of the Republic of Kazakhstan, about bodies of homeland security of the Republic of Kazakhstan, in the field of territorial defense, about counteraction to terrorism, about counteraction to extremism, about counteraction to human trafficking, about anti-corruption, about counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction and also the legislation of the Republic of Kazakhstan on drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them;

2) the legislation of the Republic of Kazakhstan concerning the rights, freedoms and obligations of citizens, personal data, the matrimonial legislation of the Republic of Kazakhstan;

3) penal, criminal procedure, criminal and executive legislation of the Republic of Kazakhstan;

4) legislation of the Republic of Kazakhstan on the state secrets;

5) legislation of the Republic of Kazakhstan on lawyer activities and legal aid;

6) legislation of the Republic of Kazakhstan on elections and republican referendum;

7) legislation of the Republic of Kazakhstan on financial accounting and financial reporting, on auditor activities, on estimative activities, on collection activities, on joint-stock companies, investment and venture funds;

8) the legislation of the Republic of Kazakhstan concerning the prevention and liquidation of emergency situations of natural and technogenic nature and their effects, rendering emergency medical and psychological assistance to the population which is in zone of emergency situation, creation and functioning of civil defense of the Republic of Kazakhstan, forming, storage and use of the state material reserve, the organization and activities of rescue services and forming, and also the status and social protection of staff of bodies of civil protection;

9) other legislation of the Republic of Kazakhstan which is not raising the questions of investments, conducting business activity, the organization of life activity and public administration in the city of Ala Tau, its functioning and town-planning and infrastructure development.

Article 5. The basic concepts used in this Constitutional law

1. In this Constitutional law the following basic concepts are used:

1) priority spheres of the city of Ala Tau - the sectors of city economy of Ala Tau determined as priority in regulatory legal acts of administration taking into account the strategy of development for the city of Ala Tau;

2) land fund of the city of Ala Tau - the separate land fund created according to this Constitutional law for the purpose of accomplishment of tasks of special legal regime and its development;

3) the legislation of the city of Ala Tau - the set of regulatory legal acts of the Republic of Kazakhstan consisting of this Constitutional law and the regulatory legal acts of administration, maslikhat and akimat of the city of Ala Tau adopted on its basis;

4) bodies of the city of Ala Tau - state bodies the city of Ala Tau;

5) standards of the city of Ala Tau - the mandatory standards of the city of Ala Tau applied according to the legislation of the city of Ala Tau;

6) resident of Ala Tau - physical person or legal entity which is given the corresponding legal status according to this Constitutional law and regulatory legal acts of administration. In the cases determined by regulatory legal acts of administration, administration, bodies of administration are recognized residents of Ala Tau;

7) administration - the legal entity created by the Government of the Republic of Kazakhstan based on the Presidential decree of the Republic of Kazakhstan, performing functions according to this Constitutional law;

8) acts of administration - the regulatory legal acts of administration and substandard legal acts of administration or bodies of administration accepted within their competence according to this Constitutional law and regulations on administration;

9) the budget of administration - the centralized cash fund commingling the control account of cash of administration opened in the State Treasury, and accounts of administration in the banks of the second level, created for acquisition account determined by this Constitutional law and regulatory legal acts of administration, and intended for financial provision of activities of administration and bodies of administration within the competence established by the legislation on special legal regime;

10) bodies of administration - the administrative authorities created by administration in the city of Ala Tau in the form of the isolated organizations for the purpose of delegation of separate powers of administration by it;

11) the business license - the document confirming the right of resident of Ala Tau to perform business activity in the territory of the city of Ala Tau and determining the permitted types and conditions of conducting such activities;

12) business licensing - complex of the actions and actions connected with issue of the business license and making of others stipulated by the legislation the cities of Ala Tau of actions in its relation;

13) budget self-sufficiency - condition of the consolidated budget of the city of Ala Tau in case of which the amounts of the receipts created of sources in the city of Ala Tau within five consecutive years exceed current expenses of the city of Ala Tau and expenses on its development;

14) investments - all types of the property benefits and the rights put (enclosed) by the investor from the date of enforcement of this Constitutional law in the territory of the city of Ala Tau according to the legislation of the city of Ala Tau irrespective of, for the purpose of profit earning or not, including:

money, personal and real estate, and also other property rights following from the servitude, guarantee, the guarantee, mortgage, pledge, lease and other similar rights;

bonds and shares, other types of securities and debt obligations, shares, equity or any similar forms of participation in the legal entity;

monetary claims, the performance of works or any other right to claim having economic value;

intellectual property rights, the rights to results of intellectual creative activities, including copyright and related rights, patents, inventions, industrial designs, useful models, trademarks or service marks, trade names, and also goodwill (goodwill), the technical processes and know-how protected according to the legislation of the Republic of Kazakhstan;

any rights to implementation of business activity granted on the basis of the law, the license or the agreement including within public-private partnership;

15) investment dispute - any dispute between:

the investor and the Republic of Kazakhstan in connection with violation by the Republic of Kazakhstan of regulations on protection of investments (including protection against expropriation and refusal in justice);

the investor who is the member (shareholder) of the legal entity - the resident of Ala Tau, and administrative authority concerning ownership, use and the order shares (shares) in such legal entity - the resident of Ala Tau;

the investor and the Republic of Kazakhstan on behalf of administration and (or) other administrative authorities, arising in connection with implementation of the investment project, including the dispute connected with:

administrative actions (failure to act) or the administrative acts of administration or other administrative authorities violating the rights and legitimate interests of investors;

actions (failure to act) of investors during implementation of the investment project who violate the law of the Republic of Kazakhstan, including provisions of the legislation of the city of Ala Tau;

16) the investment project - the project providing implementation of investments by the legal entity - the resident of Ala Tau in the priority sphere of the city of Ala Tau and according to the cost, terms and other conditions determined in the corresponding business license and also for project implementation of public-private partnership - in the relevant agreement of public-private partnership;

17) the investor - the legal entity properly founded or organized according to the applicable legislation irrespective of pattern of ownership and physical person, the performing investments according to this Constitutional law;

18) the countries with high infrastructure of quality - the administrations determined by regulatory legal act foreign states or their certain regions with the high infrastructure of quality in the respective spheres providing effective functioning and observance of system of regulatory quality requirements of products, works, processes and services;

19) Council - The council of the city of Ala Tau which is the supreme body of management of administration in structure and the number of the members determined by the President of the Republic of Kazakhstan;

20) regulatory licensing - complex of the actions and actions connected with issue of the regulatory license and making of others stipulated by the legislation the cities of Ala Tau of actions in its relation;

21) the regulatory license - the document confirming the right of resident of Ala Tau to perform the certain type of activity which is subject to state regulation on condition of compliance to the established qualification and other requirements;

22) regulatory permission - the document or the administrative determination granting to person the participation right in experimental legal regime and also for making of separate transaction, implementation of the separate project or making of other specific actions in the territory of the city of Ala Tau;

23) the allowing procedure - complex of the actions and actions connected with issue of regulatory permission and making of others stipulated by the legislation the cities of Ala Tau of actions in its relation;

24) admissible digital signatures - the digital signatures recognized according to the digital legislation of the Republic of Kazakhstan and also the foreign digital signatures allowed to use by the legislation of the city of Ala Tau according to the procedure and in case of respect for the criteria established by regulatory legal act of administration;

25) tax preference - the variation provided to resident of Ala Tau for implementation of the investment project from the general tax regime set in the city of Ala Tau expressed as rate reduction, partial or full relief from payment of one or several taxes and (or) other obligatory payments in the budget, change of the taxation object and (or) tax base, additional deductions, adjustments of the taxation object or tax base;

26) admissible practicians in the field of architecture, town planning and construction (further - admissible practicians) - the international construction standards and rules, international standards, regional standards, standards of foreign states, qualifiers of technical and economic information of International Organizations for Standardization, regional standardization organizations and (or) foreign states or standards of professional associations and other organizations of architects, designers, builders and (or) engineers of foreign states, which application in the city of Ala Tau when licensing activities acknowledged admissible;

27) the international project documentation - the project documentation developed according to admissible practicians the foreign designer having the corresponding license or other similar allowing document recognized according to this Constitutional law and regulatory legal acts of administration;

28) the foreign worker - the foreign citizen or the stateless person attracted by the legal entity - the resident of Ala Tau for implementation of labor activity in the city of Ala Tau, including within internal transfer.

2. Other concepts which are not specified in this Article are used in the values determined in the relevant articles of this Constitutional law, and in case of lack of such determination - in regulatory legal acts of administration.

3. Concepts and their determinations in other industries of the legislation of the Republic of Kazakhstan used in this Constitutional law are applied in that value in what they are used in the corresponding industries of the legislation of the Republic of Kazakhstan if other is not provided by this Constitutional law or regulatory legal acts of administration.

4. In case of discrepancy of concepts and their determinations in this Constitutional law and other acts of the legislation of the city of Ala Tau with concepts and their determinations of other regulatory legal acts of the Republic of Kazakhstan in relation to regulation of the relations and public administration in the city of Ala Tau concepts and their determinations accepted by this Constitutional law and other acts of the legislation of the city of Ala Tau are used.

Article 6. Purpose of special legal regime

The purpose of special legal regime is creation of advanced legal, organizational and economic conditions for the private investments into functioning and the accelerated development of the city of Ala Tau promoting improvement of quality of economy of the Republic of Kazakhstan.

Article 7. Tasks of special legal regime

Goal achievement of special legal regime is implemented by means of the solution of the following tasks:

1) creation of conditions for formation of the city of Ala Tau as the economic, technological, scientific and educational, trade and entertaining and investment center of the international value;

2) forming and long-term maintenance of the independent legal and administrative regime in the city of Ala Tau providing the accelerated attraction and development of human capital, investments and technologies;

3) increase in guarantees and level of legal protection of investments into development of the city of Ala Tau;

4) application of the advanced achievements of science and technology, technological innovations, approaches and the practician for the purpose of creation of "the smart city" and economic development of the city of Ala Tau;

5) application of front lines regulatory practician and practician of local authority urban environment.

Article 8. Principles of special legal regime

1. Functioning and development of the city of Ala Tau, implementation in it of activities and life activity, including regulation of processes by administrative authorities and management of them, are performed on the basis of the principles of special legal regime:

1) transparency;

2) territorialities;

3) "single window";

4) digital primacy;

5) subsidiarity;

6) stability;

7) financial stability;

8) priority of private investments.

2. Violation of the specified principles separately or sets in case of adoption of substandard legal acts of the central state bodies of the Republic of Kazakhstan, administration, other state bodies which is essential attracts recognition of such acts illegal and their cancellation by the body which accepted them by higher body (in the presence) or court.

Article 9. Principle of transparency

1. The administration, akimat and maslikhat of the city of Ala Tau provide for all interested persons openness and availability of information on functioning of the city of Ala Tau, and also about the decisions and acts made by them by placement them in open access on the Internet resource of administration and (or) other digital object determined by administration.

2. Normative legal and other acts of bodies of the city of Ala Tau do not become effective before their placement in open access according to Item 1 of this Article.

3. The data on the amounts of investment obligations and the provided privileges, on releases and preferences within implementation of the investment project determined in the corresponding business license and also for project implementation of public-private partnership - in the relevant agreement of public-private partnership, do not belong to confidential information and are subject to placement in open access.

4. The administration provides public placement on Internet resource of administration of the annual statement about development of the city of Ala Tau within one month after its approval by Council.

Article 10. Principle of territoriality

This Constitutional law, acts of bodies of the city of Ala Tau extend only to the relations connected with functioning and development of the city of Ala Tau and implementation of activities and life activity in the city of Ala Tau.

This Constitutional law, regulatory legal acts of administration and the decision of administrative and state bodies of the city of Ala Tau can extend to the relations on activities outside the city of Ala Tau only in that measure in which such relations are directly connected with sales of goods, works and services from the city of Ala Tau, forming of land fund of the city of Ala Tau, regulation of activities of residential suburb, development of the transport, energy, information and communication and other infrastructure providing functioning and development of the city of Ala Tau according to the purpose and tasks of special legal regime.

Cases of application of special legal regime to participants of the public relations regulated by this Constitutional law outside the city Ala Tau are determined by regulatory legal acts of administration by the decision of Council.

Article 11. Principle of "single window"

The management of functioning and development of the city of Ala Tau, rendering services by administration in the questions regulated by it, including on registration, accounting, accreditation, business licensing, regulatory licensing, issue of permissions, certificates, provision of information, and also carrying out the state control and supervision by it concerning activities for the questions concerning functioning and development of the city of Ala Tau, maintaining entrepreneurial and other regulated by this Constitutional law and regulatory legal acts of administration of activities in the city of Ala Tau, are performed on a centralized basis by the principle of "single window" by means of use of digital systems.

Article 12. Principle of digital primacy

1. For the purpose of safety, effective functioning and development of the city of Ala Tau as "the smart city" all data collected, processed and used on objects of municipal economy, elements of improvement, engineering, transport, housing-and-municipal and other infrastructure and also systems of ensuring public safety of the urban environment, are subject to integration into single city digital platform of management of city space of the city of Ala Tau (further - single city digital platform).

The procedure for forming, functioning and development of single city digital platform, the requirement to protection and data security, conditions of access to them, and also the list of the data carried to public, limited access and confidential, are determined by regulatory legal acts of administration.

The data integrated into single city digital platform cannot be transferred to the third parties without the consent of their owner, except as specified, directly provided by regulatory legal acts of administration.

Access to the specified information taking into account requirements of the legislation of the Republic of Kazakhstan about personal data and their protection shall be provided for administrative authorities, residents of Ala Tau, other legal entities registered in the city of Ala Tau, in that measure in which it is necessary for goal achievement of sustainable development of the city of Ala Tau, improvement of quality of life and development of innovative economy.

2. Any systems and technologies developed or used in the territory or concerning the city of Ala Tau shall conform to standards of the city of Ala Tau and to the protocols of integration of data established by administration.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info