Unofficial translation
Chapter 1. GENERAL PROVISIONS
Article 1. Special legal regime of the city of Alatau
The City of Alatau shall function and develop on the basis of the Constitution of the Republic of Kazakhstan under a special legal regime of a “city of accelerated development” (hereinafter - the special legal regime), which provides for the establishment of specific features of legal regulation of public relations, including public administration, in accordance with this Constitutional Law.
Article 2. Territory and suburban zone of the city of Alatau
1.The territory of the city of Alatau shall not be subject to reduction.
2. The expansion of the territory of the city of Alatau, taking into account the boundaries of the Almaty region, shall be carried out by a regulatory legal act of the administration based on a decision of the Council of the city of Alatau (hereinafter - the Council).
3. In order to ensure the development prospects of the city of Alatau, a suburban zone of the city of Alatau shall be established by a regulatory legal act of the administration based on a decision of the Council, to which certain provisions of the special legal regime shall apply, including the urban planning regulation regime, as well as the procedure and regime for land use.
Article 3. Legislation of the Republic of Kazakhstan on the special legal regime of the city of Alatau
1.The legislation of the Republic of Kazakhstan on the special legal regime of the city of Alatau (hereinafter - the legislation on the special legal regime) shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Constitutional Law and acts adopted for its implementation by the President of the Republic of Kazakhstan, regulatory legal acts of the Government of the Republic of Kazakhstan, central state bodies, the National Bank of the Republic of Kazakhstan, other state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, the administration, maslikhat and akimat of the city of Alatau, and local executive and representative bodies of the Almaty region and the city of Almaty.
2. Unless otherwise provided by this Constitutional Law, other legislative acts of the Republic of Kazakhstan, as well as subordinate regulatory legal acts adopted for their implementation, shall apply to public relations regulated by this Constitutional Law, taking into account the specific features determined by the legislation on the special legal regime.
3. In the event of contradictions between the provisions of the legislation on the special legal regime and the provisions of other regulatory legal acts of the Republic of Kazakhstan, the provisions of the Constitution of the Republic of Kazakhstan and the legislation on the special legal regime shall apply. If the content of the legislation on the special legal regime may be interpreted in different ways, preference shall be given to the interpretation that best corresponds to the purpose and objectives of the special legal regime, taking into account the historical background of its introduction.
4. Provisions of other legislation of the Republic of Kazakhstan that contradict the legislation on the special legal regime or establish additional requirements for the functioning and development of the city of Alatau, public administration, and the conduct of activities and daily life in the city of Alatau may be applied to such relations only after the relevant amendments and additions have been made to this Constitutional Law and other regulatory legal acts forming part of the legislation on the special legal regime.
5. International treaties ratified by the Republic of Kazakhstan shall have priority over this Constitutional Law. The procedure for the operation of international treaties on the territory of the Republic of Kazakhstan shall be determined by the laws of the Republic of Kazakhstan.
International treaties to which the Republic of Kazakhstan intends to become a party, and draft international treaties of the Republic of Kazakhstan affecting issues of investment, business activity, organization of daily life and public administration in the city of Alatau and/or its functioning and development, shall be subject to mandatory approval by the administration prior to their signing.
Article 4. Relations regulated by this Constitutional Law
1.This Constitutional Law and other regulatory legal acts adopted on its basis and forming part of the legislation on the special legal regime shall regulate public relations related to the functioning and development of the city of Alatau and the conduct of activities and daily life therein.
2. The participants in the public relations regulated by this Constitutional Law shall be state bodies, administrative bodies, officials, as well as individuals and legal entities.
3. Unless otherwise provided by this Constitutional Law, its effect and the effect of other regulatory legal acts forming part of the legislation on the special legal regime shall not extend to public relations regulated by:
1) the legislation of the Republic of Kazakhstan on defense and the Armed Forces of the Republic of Kazakhstan, including the activities of other troops and military formations ensuring the country’s defense capability and national security, on foreign intelligence, counterintelligence activities, operational-search activities, national security, the prosecutor’s office, special state bodies of the Republic of Kazakhstan, the State Security Service of the Republic of Kazakhstan, national security bodies of the Republic of Kazakhstan, in the sphere of territorial defense, on counterterrorism, countering extremism, countering human trafficking, countering corruption, countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction, as well as the legislation of the Republic of Kazakhstan on narcotic drugs, psychotropic substances, their analogues and precursors, and measures to counter their illicit trafficking and abuse;
2) the legislation of the Republic of Kazakhstan concerning the rights, freedoms and duties of citizens, personal data, and marriage and family legislation of the Republic of Kazakhstan;
3) the criminal, criminal procedure, and criminal executive legislation of the Republic of Kazakhstan;
4) the legislation of the Republic of Kazakhstan on state secrets;
5) the legislation of the Republic of Kazakhstan on advocacy and legal assistance;
6) the legislation of the Republic of Kazakhstan on elections and republican referendums;
7) the legislation of the Republic of Kazakhstan on accounting and financial reporting, auditing, valuation activities, collection activities, joint-stock companies, investment and venture funds;
8) the legislation of the Republic of Kazakhstan on the prevention and elimination of natural and man-made emergencies and their consequences, the provision of emergency medical and psychological assistance to the population in the emergency zone, the establishment and functioning of civil defense of the Republic of Kazakhstan, the formation, storage and use of the state material reserve, the organization and activities of emergency rescue services and formations, as well as the status and social protection of employees of civil protection bodies;
9) other legislation of the Republic of Kazakhstan not affecting issues of investment, business activity, organization of daily life and public administration in the city of Alatau, its functioning, and urban planning and infrastructure development.
Article 5. Basic concepts used in this Constitutional Law
1.The following basic concepts are used in this Constitutional Law:
1) priority sectors of the city of Alatau – sectors of the economy of the city of Alatau designated as priority sectors in the regulatory legal acts of the administration, taking into account the development strategy of the city of Alatau;
2) land fund of the City of Alatau – a separate land fund formed in accordance with this Constitutional Law for the purpose of fulfilling the tasks of the special legal regime and its development;
3) legislation of the City of Alatau – a set of regulatory legal acts of the Republic of Kazakhstan consisting of this Constitutional Law and regulatory legal acts adopted on its basis by the administration, maslikhat, and akimat of the City of Alatau;
4) bodies of the City of Alatau – bodies of state administration of the City of Alatau;
5) standards of the City of Alatau – mandatory standards of the City of Alatau applied in accordance with the legislation of the City of Alatau;
6) Alatau resident – an individual or legal entity granted the relevant legal status in accordance with this Constitutional Law and the regulatory legal acts of the administration. In cases determined by the regulatory legal acts of the administration, the administration and the bodies of the administration shall be recognized as Alatau residents;
7) administration – a legal entity established by the Government of the Republic of Kazakhstan on the basis of a decree of the President of the Republic of Kazakhstan, performing functions in accordance with this Constitutional Law;
8) acts of the administration – regulatory legal acts of the administration and non-regulatory legal acts of the administration or bodies of the administration adopted within their competence in accordance with this Constitutional Law and the regulation on the administration;
9) budget of the administration – a centralized monetary fund combining the control cash account of the administration opened in the state treasury and the administration’s accounts in second-tier banks, formed from revenues determined by this Constitutional Law and the regulatory legal acts of the administration, and intended to financially support the activities of the administration and the bodies of the administration within the competence established by the legislation on the special legal regime;
10) bodies of the administration – administrative bodies created by the administration in the City of Alatau in the form of separate organizations for the purpose of delegating certain powers of the administration to them;
11) business license – a document confirming the right of an Alatau resident to carry out entrepreneurial activity in the territory of the City of Alatau and defining the permitted types and conditions of such activity;
12) business licensing – a set of measures and actions related to the issuance of a business license and the performance of other actions provided for by the legislation of the City of Alatau in relation to it;
13) budget self-sufficiency – the state of the consolidated budget of the City of Alatau in which the amounts of revenues generated from sources in the City of Alatau exceed current expenditures of the City of Alatau and expenditures for its development for five consecutive years.
14) investment – all types of property benefits and rights invested (contributed) by an investor from the date this Constitutional Law enters into force in the territory of the City of Alatau in accordance with the legislation of the City of Alatau, regardless of whether for profit or not, including:
money, movable and immovable property, as well as other property rights arising from easement, guarantee, surety, mortgage, pledge, lease, and other similar rights;
bonds and shares, other types of securities and debt obligations, units, equity participation, or any similar forms of participation in a legal entity;
monetary claims, performance of work, or any other claim right having economic value;
intellectual property rights, rights to the results of intellectual creative activity, including copyright and related rights, patents, inventions, industrial designs, utility models, trademarks or service marks, trade names, as well as goodwill, technical processes, and know-how protected in accordance with the legislation of the Republic of Kazakhstan;
any rights to carry out entrepreneurial activity granted on the basis of law, license, or contract, including within the framework of public-private partnership;
15) Investment dispute - any dispute between:
an investor and the Republic of Kazakhstan in connection with a violation by the Republic of Kazakhstan of investment protection provisions, including protection against expropriation and denial of justice;
an investor who is a participant (shareholder) of a legal entity - a resident of Alatau, and an administrative body concerning the possession, use, and disposal of participation interests (shares) in such a legal entity - a resident of Alatau;
an investor and the Republic of Kazakhstan represented by the administration and/or other administrative bodies, arising in connection with the implementation of an investment project, including a dispute related to:
administrative actions (inaction) or administrative acts of the administration or other administrative bodies that violate the rights and legitimate interests of investors;
actions (inaction) of investors in the course of implementing an investment project that violate the legislation of the Republic of Kazakhstan, including the provisions of the legislation of the City of Alatau;
16) investment project – a project providing for investments by a legal entity - a resident of Alatau in a priority sector of the City of Alatau and in accordance with the cost, time limits, and other conditions specified in the relevant business license, and, for the implementation of a public-private partnership project, in the relevant public-private partnership agreement;
17) investor – a legal entity duly established or organized in accordance with applicable law, regardless of ownership form, and a natural person, making investments in accordance with this Constitutional Law;
18) countries with high infrastructure quality – foreign states or their separate regions, determined by a regulatory legal act of the administration, with high-quality infrastructure in the relevant areas, ensuring effective functioning and compliance with the system of regulatory requirements for the quality of products, works, processes, and services;
19) Council – the Council of the City of Alatau, which is the highest governing body of the administration, with its composition and number of members determined by the President of the Republic of Kazakhstan;
20) regulatory licensing – a set of measures and actions related to the issuance of a regulatory license and the performance of other actions provided for by the legislation of the City of Alatau in relation to it;
21) regulatory license – a document confirming the right of an Alatau resident to carry out a certain type of activity subject to state regulation, provided that the established qualification and other requirements are met;
22) regulatory permit – a document or decision of an administrative body granting a person the right to participate in an experimental legal regime, as well as to carry out a separate operation, implement a separate project, or perform other specific actions in the territory of the City of Alatau;
23) permitting procedure – a set of measures and actions related to the issuance of a regulatory permit and the performance of other actions provided for by the legislation of the City of Alatau in relation to it;
24) acceptable electronic digital signatures – electronic digital signatures recognized in accordance with the digital legislation of the Republic of Kazakhstan, as well as foreign electronic digital signatures permitted for use under the legislation of the City of Alatau in the manner and subject to the criteria established by a regulatory legal act of the administration;
25) tax preference – a deviation from the general tax regime established in the City of Alatau, granted to an Alatau resident for the implementation of an investment project, expressed in the form of a reduced rate, partial or full exemption from payment of one or more taxes and/or other mandatory payments to the budget, a change in the object of taxation and/or the tax base, additional deductions, or adjustments to the object of taxation or tax base;
26) acceptable practices in the field of architecture, urban planning, and construction (hereinafter — acceptable practices) – international building codes and rules, international standards, regional standards, standards of foreign states, classifiers of technical and economic information of international standardization organizations, 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, the use of which in the City of Alatau has been recognized as acceptable for licensing purposes.
27) international project documentation – project documentation developed in accordance with acceptable practices by a foreign designer holding the relevant license or other equivalent permit, recognized in accordance with this Constitutional Law and the regulatory legal acts of the administration;
28) foreign worker – a foreign citizen or stateless person engaged by a legal entity — a resident of Alatau to carry out labor activity in the City of Alatau, including within the framework of intra-corporate transfer.
2. Other concepts not specified in this Article shall be used in the meanings defined in the relevant articles of this Constitutional Law, and, if no such definition exists, in the regulatory legal acts of the administration.
3. Concepts and their definitions in other branches of the legislation of the Republic of Kazakhstan used in this Constitutional Law shall be applied in the meaning in which they are used in the relevant branches of the legislation of the Republic of Kazakhstan, unless otherwise provided by this Constitutional Law or the regulatory legal acts of the administration.
4. If the concepts and their definitions in this Constitutional Law and other acts of the legislation of the City of Alatau do not coincide with the concepts and their definitions in other regulatory legal acts of the Republic of Kazakhstan, then, in relation to the regulation of relations and public administration in the City of Alatau, the concepts and their definitions adopted by this Constitutional Law and other acts of the legislation of the City of Alatau shall apply.
Article 6. Purpose of the special legal regime
The purpose of the special legal regime is to create improved legal, organizational, and economic conditions for private investment in the functioning and accelerated development of the City of Alatau, contributing to the improvement of the quality of the economy of the Republic of Kazakhstan.
Article 7. Tasks of the special legal regime
The achievement of the purpose of the special legal regime shall be implemented through the resolution of the following tasks:
1) creating conditions for the development of the City of Alatau as an economic, technological, scientific and educational, trade and entertainment, and investment center of international significance;
2) forming and maintaining, on a long-term basis, an independent legal and administrative regime in the City of Alatau that ensures the accelerated attraction and development of human capital, investments, and technologies;
3) increasing guarantees and the level of legal protection of investments in the development of the City of Alatau;
4) applying advanced scientific and technical achievements, technological innovations, approaches, and practices for the purpose of building a “smart city” and ensuring the economic development of the City of Alatau;
5) applying advanced regulatory practices and practices of local management of the urban environment.
Article 8. Principles of the special legal regime
1.The functioning and development of the City of Alatau, the conduct of activities and daily life therein, including the regulation and management of processes by administrative bodies, shall be carried out on the basis of the following principles of the special legal regime:
1) transparency;
2) territoriality;
3) “one-window” principle;
4) digital primacy;
5) subsidiarity;
6) stability;
7) financial sustainability;
8) priority of private investment.
2. A violation of the above principles, individually or in combination, in the adoption of non-regulatory legal acts by the central state bodies of the Republic of Kazakhstan, the administration, or other state bodies, if such violation is material, shall result in the recognition of such acts as unlawful and their cancellation by the body that adopted them, a higher body (if any), or a court.
Article 9. Principle of transparency
1.The administration, akimat, and maslikhat of the City of Alatau shall ensure openness and accessibility for all interested persons of information about the functioning of the City of Alatau, as well as about the decisions and acts adopted by them, by posting them in open access on the administration’s internet resource and/or another digital object determined by the administration.
2. Regulatory legal acts and other acts of the bodies of the City of Alatau shall not enter into force until they are posted in open access in accordance with paragraph 1 of this Article.
3. Information on the amounts of investment obligations and granted benefits, exemptions, and preferences within the framework of an investment project, specified in the relevant business license, and, for the implementation of a public-private partnership project, in the relevant public-private partnership agreement, shall not be considered confidential information and shall be subject to posting in open access.
4. The administration shall ensure public posting on the administration’s internet resource of an annual report on the development of the City of Alatau within one month after its approval by the Council.
Article 10. Principle of territoriality
This Constitutional Law and the acts of the bodies of the City of Alatau shall apply only to relations related to the functioning and development of the City of Alatau and the conduct of activities and daily life in the City of Alatau. This Constitutional Law, the regulatory legal acts of the administration, and the decisions of the administrative and state bodies of the City of Alatau may apply to activities outside the City of Alatau only to the extent that such activities are directly related to the sale of goods, works, and services from the City of Alatau, the formation of the land fund of the City of Alatau, the regulation of the suburban zone, and the development of transport, energy, information and communication, and other infrastructure ensuring the functioning and development of the City of Alatau in accordance with the purpose and tasks of the special legal regime.
Cases of application of the special legal regime to participants in public relations regulated by this Constitutional Law outside the City of Alatau shall be determined by regulatory legal acts of the administration based on a decision of the Council.
Article 11. Principle of the “one window”
The management of the functioning and development of the City of Alatau, the provision of services by the administration on matters regulated by it, including registration, accounting, accreditation, business licensing, regulatory licensing, issuance of permits, certificates, and provision of information, as well as the exercise by it of state control and supervision over activities concerning the functioning and development of the City of Alatau, entrepreneurial activity, and other activities regulated by this Constitutional Law and the regulatory legal acts of the administration in the City of Alatau, shall be carried out centrally on the principle of a “one-window” through the use of digital systems.
Article 12. Principle of digital primacy
1.In order to ensure the security, effective functioning, and development of the City of Alatau as a “smart city,” all data collected, processed, and used concerning urban utility facilities, landscaping elements, engineering, transport, housing and communal services, and other infrastructure, as well as systems ensuring public safety in the urban environment, shall be integrated into a single city digital platform for managing the urban space of the City of Alatau (hereinafter - the single city digital platform).
The procedure for the formation, functioning, and development of the single city digital platform, the requirements for data protection and security, the conditions for access to them, as well as the list of data classified as publicly available, restricted access, and confidential, shall be determined by the regulatory legal acts of the administration.
Data integrated into the single city digital platform may not be transferred to third parties without the consent of the rights holder, except in cases expressly provided for by the regulatory legal acts of the administration.
Access to the specified information, taking into account the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection, shall be ensured for administrative bodies, Alatau residents, and other legal entities registered in the City of Alatau to the extent necessary to achieve the goals of sustainable development of the City of Alatau, improve the quality of life, and develop an innovative economy.
2. Any systems and technologies developed or used in the territory of or in relation to the City of Alatau must comply with the standards of the City of Alatau and the data integration protocols established by the administration.
3. Internal administrative procedures, non-conclusive administrative actions, and administrative acts in the City of Alatau shall be created, carried out, and used initially in digital format through channels of interaction between subjects of legal relations in the digital environment.
4. Administrative procedures and non-conclusive administrative acts and administrative actions in the City of Alatau shall be invalid if they are not posted in open digital form in the repository of administrative acts, procedures, and actions of the City of Alatau.
5. The provisions of paragraphs 3 and 4 of this Article shall not apply in the event of the introduction of a state of emergency, emergency or martial law, as well as in the event of failures in the functioning of digital objects of the City of Alatau that make it impossible to carry out administrative procedures, actions, or adopt regulatory legal acts in digital form. In such cases, these procedures, actions, and acts shall subsequently be subject to mandatory posting in the repository of administrative acts, procedures, and actions of the City of Alatau in open digital form.
Article 13. Principle of subsidiarity
1.Regulation of relations and public administration in the City of Alatau in accordance with this Constitutional Law shall be an independent prerogative of the bodies of the City of Alatau, unless resolving issues concerning the functioning and development of the City of Alatau for the purpose of achieving the goal and fulfilling the tasks of the special legal regime requires assistance from the Government of the Republic of Kazakhstan, central state bodies, local state administration bodies of the Almaty region and the city of Almaty, the National Bank of the Republic of Kazakhstan, other state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, and entities of the quasi-public sector in adopting acts and performing actions at the republican level necessary for the bodies of the City of Alatau.
2. The Government of the Republic of Kazakhstan, central state bodies, local state administration bodies of the Almaty region and the city of Almaty, the National Bank of the Republic of Kazakhstan, other state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, and entities of the quasi-public sector shall be obliged to assist the development of the City of Alatau and its bodies in order to achieve the goal and fulfill the tasks of the special legal regime.
Article 14. Principle of stability
1.Changes to the legislation of the City of Alatau must ensure that Alatau residents are able to adapt to such changes, foresee their legal consequences, and have legal certainty.
2. Amendment or repeal of the legislation of the City of Alatau shall not entail changes to civil-law obligations under contracts previously concluded in accordance with the legislation of the City of Alatau.
3. Business licenses, regulatory licenses, regulatory permits, and registrations issued in accordance with the legislation of the City of Alatau before the entry into force of amendments to or repeal of the legislation of the City of Alatau, as well as the conditions for carrying out activities provided for therein (hereinafter - previously permitted activity), shall remain in force.
4. Amendments to the legislation of the City of Alatau that impose new regulatory requirements for the implementation of investment projects by legal entities - residents of Alatau, or otherwise worsen the conditions for their implementation, may be applied to previously permitted activity only if such amendments to the legislation of the City of Alatau were introduced solely for the purpose of ensuring the principle of financial sustainability, protecting human life and health, protecting the environment, or fulfilling the international obligations of the Republic of Kazakhstan.
The application of the specified amendments shall be made exclusively on the basis of a reasoned administrative act of the administration (an encumbering administrative act) adopted for a specific investment project and providing for the necessary amendments to the relevant business license, regulatory license, regulatory permit, or registration.
The application of such new regulatory requirements of the legislation of the City of Alatau to previously permitted activity must provide for a transition period established for a term taking into account the nature and scope of the relevant requirements, the degree of their impact on the activity carried out, as well as the need to adapt technological, organizational, financial, and other processes.
During the specified transition period, an Alatau resident shall be entitled to continue carrying out previously permitted activity under the conditions that were in effect before the relevant amendments to the legislation of the City of Alatau entered into force.
5. The provisions of paragraph 4 of this Article shall not apply to relations concerning the establishment, introduction, amendment, repeal, procedure for calculation and payment of taxes and other mandatory payments to the budget, as well as public relations related to the fulfillment of tax obligations.
Article 15. Principle of financial sustainability
1. The legislation of the City of Alatau and the acts of state and administrative bodies of the City of Alatau must not undermine the sustainability of public finances and the financial system of the Republic of Kazakhstan.
2. Tax preferences shall be granted in the City of Alatau for the purpose of stimulating economic activity in its territory that underlies the development of the City of Alatau and does not lead to a reduction in tax revenues in other territories of the Republic of Kazakhstan.
3. Foreign exchange transactions, transactions with digital assets, as well as the acceptance and/or performance of obligations in foreign currency or digital assets by Alatau residents shall be permitted exclusively for the purpose of carrying out core business in the territory of the City of Alatau and shall not be used to finance activities in other territories of the Republic of Kazakhstan.
4. Transactions and deals aimed at abusing the application of tax preferences, special regulation of foreign exchange transactions, transactions with digital assets, and other forms of financial and economic advantages in the City of Alatau, as well as those made in contradiction to the purpose of such advantages, may be declared invalid upon a claim by the administration or the Prosecutor General’s Office of the Republic of Kazakhstan.
Article 16. Principle of priority of private investment
The development of the City of Alatau shall be carried out through private investment and the creation of favorable and stable regulatory, legal, and other institutional conditions for such investment.
Budgetary investments and investments by the quasi-public sector in the City of Alatau may be made exclusively for the purpose of developing transport, utility, energy, and social infrastructure owned by the state or, respectively, by a quasi-public sector organization.
Chapter 2. STATE ADMINISTRATION OF THE CITY OF ALATAU
Article 17. System of bodies of the City of Alatau
The bodies of the City of Alatau shall be:
1) the administration and the bodies of the administration created by it;
2) the maslikhat;
3) the akimat.
Article 18. Legal status of the administration
1.The legal status, status, organizational and legal form, and operating regime of the administration shall be established in accordance with this Constitutional Law.
The features of the administration’s activities and management not defined by this Constitutional Law shall be regulated by the regulatory legal acts of the administration or by the regulation on the administration.
2. The administration is a state body exercising functions of public administration and management of the functioning and development of the City of Alatau, as well as regulatory legal regulation in this sphere.
In its activities, the administration shall be guided by the Constitution of the Republic of Kazakhstan, this Constitutional Law, the regulation on the administration, other laws of the Republic of Kazakhstan, and international treaties of the Republic of Kazakhstan.
3. The administration is a non-membership non-profit organization operating in the organizational and legal form of a special management organization.
4. The administration shall operate on the basis of a regulation approved by the Council. The regulation shall be the founding document of the administration.
The regulation on the administration shall contain the goals and types of activity of the administration, the powers of the administration, the competence of the administration’s governing bodies, the procedure for their formation, and other provisions determined by the Council.
5. The administration shall be liable for its obligations with all its property, except for property that, in accordance with the laws of the Republic of Kazakhstan, may not be subject to recovery, as well as property created (acquired) from the republican budget or transferred to the administration for the exercise of rights of possession, use, and disposal on behalf of the Republic of Kazakhstan.
6. The administration shall not be liable for the obligations of the Republic of Kazakhstan.
7. The implementation of the administration’s decisions and the management of its activities shall be carried out by the chief executive officer of the administration and his deputies, appointed for a term of five years.
8. The administration shall have seals bearing the State Emblem of the Republic of Kazakhstan and stamps with its name in Kazakh, Russian, and English, standard forms, accounts in the treasury bodies of the Republic of Kazakhstan, and shall also be entitled to open accounts in second-tier banks, foreign banks, and other financial organizations.
The administration shall not be entitled to place funds constituting state property in accounts in foreign banks and other foreign financial organizations.
9. The administration shall not be subject to bankruptcy.
10. The administration shall have the right to carry out income-generating activities only to the extent that this serves the achievement of the purpose of the special legal regime and the purpose of the administration’s activities. The administration’s income received as a result of its activities shall be used exclusively for the fulfillment of the tasks of the special legal regime.
11. The property of the administration shall be formed as a result of property contributions, acquisition, or by any other means not prohibited by law.
The administration shall exercise on behalf of the Republic of Kazakhstan the rights in respect of state property transferred to the administration for possession, use, and disposal, as well as property created (acquired) from the republican budget and revenues to the administration’s budget from taxes, fees, and other mandatory payments provided for by this Constitutional Law.
The property of the administration shall be separate from the state property transferred to the administration for the exercise of the right of possession, use, and disposal of such property. State property shall be reflected on a separate balance sheet of the administration, and separate accounting shall be maintained by the administration in respect of it.
12. The administration shall be entitled to dispose of its property and the state property transferred to it for possession, use, and disposal only for the purposes and within the limits of the administration’s activities defined by the regulation on the administration, taking into account the tasks and principles of the special legal regime.
13. The sources of formation of the property of the administration and the state property transferred to the administration for the exercise of rights of possession, use, and disposal on behalf of the Republic of Kazakhstan shall be:
1) receipts from the Government of the Republic of Kazakhstan as the founder of the administration, including funds from the republican budget;
2) receipts in the form of municipal property of the City of Alatau;
3) voluntary property contributions and donations from third parties;
4) income received from the activities of the administration;
5) dividends (income, remuneration) received from participation interests, shares, bonds, other securities, and contributions (deposits);
6) receipts from taxes, fees, and other mandatory payments provided for by this Constitutional Law;
7) other sources provided for by the regulatory legal acts of the administration based on a decision of the Council.
14. The list of municipal property of the City of Alatau to be transferred to the administration for possession, use, and disposal, as well as the terms and procedure for such transfer, shall be approved by a decision of the Council.
15. The administration may be reorganized or liquidated on the basis of amendments and additions to this Constitutional Law defining the procedure for its reorganization or liquidation, as well as the legal fate of its property.
Article 19. Powers of the administration
1.The administration shall perform strategic, regulatory, implementation, and control functions as a state body responsible for the functioning and development of the City of Alatau, in accordance with the purpose, tasks, and principles of the special legal regime.
2. The administration shall have the right to delegate the exercise of certain of its implementation and/or control functions and the corresponding competencies and powers in accordance with the provisions of this Constitutional Law.
3. State authorities shall not have the right to interfere in the activities of the administration, its officials, or the activities of the bodies of the administration related to the fulfillment of the tasks of the special legal regime.
4. The administration and the bodies of the administration shall carry out implementation and control functions in the City of Alatau on the principle of “one-window.”
Unless otherwise provided by this Constitutional Law, in implementation of the said principle, all notifications, registrations, permits, approvals, and other administrative actions relating to activities in the City of Alatau shall be carried out by the administration and the bodies of the administration.
5. The administration shall have the following powers:
1) approves strategic documents of the City of Alatau and ensures their implementation;
2) exercises management and regulatory legal regulation in accordance with this Constitutional Law;
3) carries out intersectoral coordination with state bodies, their officials, and entities of the quasi-public sector of the Republic of Kazakhstan on issues related to relations regulated by this Constitutional Law;
4) carries out registration, accounting, accreditation, business licensing, regulatory licensing, issuance of permits, certificates, and other documents related to entrepreneurial and other activities in the City of Alatau;
5) creates bodies of the administration;
6) creates representative offices, establishes non-profit and commercial organizations, and participates in them;
7) files claims in court, initiates arbitration proceedings, and takes administrative measures ensuring the enforcement of adopted administrative acts on issues related to the regulation of activities in the City of Alatau, its functioning, and development;
8) establishes and ensures the development of relations with international development institutions and other commercial organizations, and in this connection concludes any agreements, contracts, and arrangements, except those falling within the powers of other bodies of the City of Alatau;
9) exercises other powers determined by the regulation on the administration or by separate decisions of the Council.
6. The chief executive officer of the administration shall be the representative of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan in the City of Alatau.
Article 20. Delegation of functions of the administration
1.The administration shall have the right to delegate the exercise of certain implementation and/or control functions provided for by this Constitutional Law and the regulatory legal acts of the administration to the bodies of the administration, other state bodies of the Republic of Kazakhstan, as well as accredited organizations, auditors, and other persons (hereinafter in this Article - authorized persons), except for public associations, in the manner and on the conditions determined by the regulatory legal acts of the administration.
Control functions in the field of environmental protection shall not be transferred to the competitive environment.
2. Delegation may be temporary, permanent, or for the performance of one specific action.
3. Authorized persons shall exercise the powers granted to them within the scope granted, including decision-making, issuance of orders, and application of liability measures in cases and within the limits expressly provided for by the regulatory legal acts of the administration.
4. Decisions made by authorized persons within the scope of the powers granted to them shall be deemed decisions of the administration.
5. The administration shall have the right to establish that the application of certain liability measures and operational response measures shall be carried out exclusively by the administration.
6. Operational response measures related to suspension of activity or other substantial restriction of activity shall not be delegable.
7. Delegation shall not alter the scope and nature of the public powers of the administration and shall not exclude its right to review, cancel, or amend the decisions of authorized persons.
8. Authorized persons shall bear responsibility in accordance with the regulatory legal acts of the administration and the laws of the Republic of Kazakhstan.
Article 21. Management bodies of the administration
The management bodies of the administration shall be:
1) the Council - the highest collegial management body of the administration;
2) the regulatory commission - a collegial body ensuring the institutional development of the City of Alatau;
3) the chief executive officer - the executive body exercising management of the administration’s activities;
4) other management bodies.
Other management bodies of the administration, their powers, the powers of the regulatory commission and the chief executive officer of the administration shall be determined by the regulation on the administration and/or by the regulations on the above-mentioned management bodies.
Article 22. Council
1. The Council shall be a permanently operating highest collegial management body of the administration, headed by the Prime Minister of the Republic of Kazakhstan.
2. The personal composition of the Council and the regulation on it shall be approved by the President of the Republic of Kazakhstan.
3. The number of independent members of the Council shall be not less than forty percent of the total number of all members of the Council.
4. The main tasks of the Council shall be:
1) determining the strategic directions for the development of the City of Alatau;
2) providing political, administrative, financial, and investment support in achieving the goal and fulfilling the tasks of the special legal regime;
3) assisting in the organization of public administration of the City of Alatau in accordance with the principles of the special legal regime;
4) ensuring public-private financing for the development of the City of Alatau.
5. The competence of the Council shall include:
1) determining the regulation, operating regime, and management procedure of the administration, the procedure for forming the bodies of the administration, and other features of the exercise by the administration and the bodies of the administration of property rights, including state property transferred to them for possession, use, and disposal;
2) appointing the akim of the City of Alatau in agreement with the maslikhat of the City of Alatau;
3) appointing the chief executive officer of the administration of the City of Alatau and his deputies;
4) approving the budget of the administration;
5) approving the design code of the City of Alatau;
6) approving regulatory legal acts of the administration in the form of regulatory provisions on matters assigned by this Constitutional Law and the regulation on the Council to its competence;
7) deciding on the delegation of certain implementation and/or control functions and related competencies and powers of the administration;
8) approving the annual report on the development of the City of Alatau, including the annual report on the execution of the administration’s budget;
9) determining the international auditing organization to conduct the external audit of the administration’s financial statements, the efficiency of its activities, and the use of financial resources under the administration’s control;
10) deciding on the creation of other management bodies of the administration, determining their structure, competence, and powers, creating representative offices by the administration, establishing non-profit and commercial organizations by it, and participating in them;
11) approving the organizational structure and staffing limit of the administration and the bodies of the administration upon the proposal of the chief executive officer of the administration;
12) deciding on issues of the administrative-territorial structure in the City of Alatau, including issues of formation and abolition of administrative-territorial units in the City of Alatau, their management, and the establishment and change of their boundaries;
13) other matters provided for by this Constitutional Law and/or the regulation on the Council.
6. In order to promptly resolve matters within the competence of the Council, the Council shall have the right to delegate to the regulatory commission its powers to approve all or certain regulatory provisions adopted by the administration.
The Council shall also have the right to form committees of the Council from among its members, delegating certain powers of the Council to such committees.
In this case, the number of members of a Council committee shall be not less than five persons, forty percent of whom shall be independent.
7. In order to improve the quality of decisions made in the administration, the Council shall have the right to create advisory and consultative collegial bodies within the administration and/or the bodies of the administration from among foreign and Kazakh specialists and experts with impeccable reputation and significant experience in matters that are the subject of consideration by the relevant advisory and consultative body.
Independent members of the Council, members of the collegial management bodies created by the administration, as well as members of advisory and consultative bodies within the administration and the bodies of the administration, shall be entitled to receive remuneration for performing their assigned functions and compensation for expenses directly related to participation in the work of such bodies. The issues of such remuneration and expense compensation shall be determined by the Council from the administration’s funds.
Article 23. Maslikhat of the City of Alatau
1.In accordance with this Constitutional Law, the maslikhat of the City of Alatau is the local representative body of the Republic of Kazakhstan, expressing the will of the population of the City of Alatau and vested with powers to resolve matters of local significance in the City of Alatau.
2. The jurisdiction of the maslikhat of the City of Alatau includes:
1) approval of socio-economic plans and social development programs of the City of Alatau, the local budget, and reports on their execution;
2) adoption of decisions on the naming and renaming of administrative-territorial units in the City of Alatau (if any) upon the proposal of the administration;
3) election of members of territorial and precinct election commissions in accordance with the legislation of the Republic of Kazakhstan on elections;
4) approval of the symbols of the City of Alatau upon the proposal of the administration;
5) approval of the appointment of the akim of the City of Alatau;
6) ensuring the functioning of feedback and civic participation mechanisms, including holding public hearings and considering citizens’ initiatives, appeals, and petitions;
7) hearing reports of the city akim and other officials on matters of local significance within the competence of the akimat;
8) assisting in ensuring that Alatau residents comply with the Constitution of the Republic of Kazakhstan, laws, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, and the legislation of the City of Alatau;
9) approval of rules for the provision of social assistance, establishment of the amounts of social assistance, and determination of the list of certain categories of needy citizens of the Republic of Kazakhstan, determination of the minimum guaranteed scope of social support measures and benefits for specialists in the fields of education and healthcare, including for the purchase or construction of housing from the local budget of the City of Alatau;
10) exercise of the powers of the maslikhat of the Almaty region on socio-economic issues in the City of Alatau and issues related to the functioning and development of the City of Alatau;
11) exercise, in accordance with the laws of the Republic of Kazakhstan, of other powers to ensure the rights and legitimate interests of citizens not assigned to the powers of the administration.
3. In carrying out its activities, the maslikhat of the City of Alatau shall have the right to use digital platforms and other modern forms of civic participation and collection of initiatives, comments, and proposals from Alatau residents.
4. The number of deputies of the maslikhat of the City of Alatau working on a permanent or released basis shall be not less than five persons, including the chairperson of the maslikhat.
5. The standards for ensuring the activities of the maslikhat of the City of Alatau, including the amount of expenditures, the organization of the maslikhat apparatus, and the determination of the number of deputies working on a permanent or released basis, shall be established by the Council upon the proposal of the chairperson of the maslikhat of the City of Alatau.
6. The administration shall be obliged to participate in the organizational, legal, material, technical, and other support of the maslikhat and its bodies, the maslikhat apparatus, as well as to assist deputies in the exercise of their powers.
7. In its activities, the maslikhat of the City of Alatau shall be obliged:
1) not to allow the adoption of decisions that do not correspond to the main directions of the functioning and development of the City of Alatau in accordance with its strategic documents;
2) to adhere to the standards of the City of Alatau.
8. Other issues of the formation and organization of the activities of the maslikhat of the City of Alatau, not contradicting the provisions of this Constitutional Law and the acts of the legislation of the City of Alatau, shall be regulated by the Law of the Republic of Kazakhstan “On Local State Administration and Self-Government in the Republic of Kazakhstan”.
Article 24. Akimat of the City of Alatau
1. The akim of the City of Alatau is the representative of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. The akim shall be accountable to the Council and the maslikhat.
2. The akim shall head the akimat of the City of Alatau — the local executive body of the City of Alatau.
3. The akimat is a collegial executive body headed by the akim of the City of Alatau, exercising within its competence local state administration and self-government in the City of Alatau in accordance with the legislation of the City of Alatau.
The collegial nature of the akimat is formed by the akim, his deputies, and the leadership of state bodies exercising separate functions of local state administration in the City of Alatau within their competence.
4. The akimat shall be responsible for the current condition of the street and road network, other above-ground transport infrastructure facilities, engineering infrastructure facilities, state social and cultural facilities, housing and communal services, the healthcare system, education, preschool education, and other facilities financed from republican and local budgets or transferred to the akimat by the administration or an organization authorized by it.
5. The composition and structure of the akimat and the state bodies within it exercising separate functions of local state administration, as well as their regulations, shall be determined by the Council.
6. State bodies exercising separate functions of local state administration in the City of Alatau that are included in the akimat shall be formed, reorganized, and abolished on the basis of a decision of the Council.
7. The powers of the akimat shall include:
1) developing socio-economic plans and social development programs of the City of Alatau, the local budget of the City of Alatau, and ensuring their implementation;
2) managing municipal property;
3) exercising other powers assigned to the akimat by regulatory legal acts of the administration based on a decision of the Council in the interests of local state administration;
4) implementing state policy in the field of education and healthcare in the City of Alatau, as well as in other matters determined by the administration based on a decision of the Council.
8. The akim of the City of Alatau shall be appointed by the Council for a term of five years.
9. The akim of the City of Alatau shall:
1) head the akimat within the sphere of responsibility entrusted to him for the current state of affairs in the City of Alatau;
2) appoint and dismiss deputy akims, the head of the akim’s office, and the heads of other state bodies exercising separate functions of local state administration, including the first head of the education administration body and the head of the local state healthcare administration body of the City of Alatau;
3) within his competence, organize and ensure the implementation of the legislation of the Republic of Kazakhstan on military service and the status of servicemen, in the field of mobilization training and mobilization, and on civil protection;
4) assign tasks to the territorial police body regarding crime prevention, protection of public order, and road safety, without interfering in operational-search and procedural activities, and hear the relevant reports of the head of the territorial police body at least once a year;
5) submit proposals to the President of the Republic of Kazakhstan for the awarding of state honors to relevant persons;
6) submit proposals to the maslikhat of the City of Alatau for the conferral of honorary and other titles on relevant persons, including the title of “Honorary Citizen of the City of Alatau”;
7) by decision of the Council, delegate the exercise of certain implementation and/or control functions of the akimat to the administration or the bodies of the administration.
10. The akim of the City of Alatau shall be removed from office by the Council.
In the event that the maslikhat of the City of Alatau expresses no confidence in the akim of the City of Alatau, the akim of the Almaty region shall immediately submit the issue of the removal of the akim of the City of Alatau from office to the Council for consideration.
Article 25. Activities of central state bodies in the City of Alatau
1.Central executive bodies shall exercise leadership in the relevant spheres of activity and implement their functions and powers in the City of Alatau exclusively with respect to objects of the state system of healthcare and education, social security, defense, national security, and other objects financed from the republican and local budgets.
2. In the spheres of activity in the City of Alatau regulated by this Constitutional Law and the regulatory legal acts of the administration based on a decision of the Council, the leadership and functions of the relevant central executive bodies shall not be exercised.
3. The functions and powers of central state bodies and territorial subdivisions of central state bodies in the Almaty region in spheres of legislation not regulated by this Constitutional Law shall remain in full force in the City of Alatau and may not be restricted by the regulatory legal acts of the administration.
4. By decision of the Council, separate territorial subdivisions of central state bodies regulating and exercising leadership and activities in spheres of legislation not regulated by this Constitutional Law may be created in the City of Alatau.
Article 26. Interaction of the administration with local executive bodies of the Almaty region and the city of Almaty
1.In order to promote the development of the City of Alatau, the local executive bodies of the city of Almaty and/or the Almaty region shall have the right to conclude a bilateral or trilateral agreement with the administration on the joint resolution of matters of local significance, which may, inter alia, determine:
1) financing from budgetary funds of the design, construction, reconstruction, and/or repair of transport, energy, and other infrastructure facilities in the City of Alatau, the suburban zone of the City of Alatau, or another location in the Almaty region and/or the city of Almaty;
2) relations between the local budgets of the city of Almaty, the Almaty region, and the administration’s budget;
3) joint or ancillary implementation of a public-private partnership project;
4) other conditions and consequences of the implementation of a state investment project.
2. The regulation of the content, procedure for concluding the agreement on the joint resolution of matters of local significance, as well as reporting on its implementation, shall be determined by a regulatory legal act of the administration based on a decision of the Council.
3. The parties to the agreement on the joint resolution of matters of local significance may subject its relations to the acts of the legislation of the City of Alatau to be applied, insofar as this does not contradict the principle of territoriality of the functioning of the City of Alatau under the special legal regime.
4. The conclusion of the said agreement shall not be required if it is approved by the Council in the absence of objections from the akims of the city of Almaty and/or the Almaty region.
5. The administration and the local executive bodies of the Almaty region and the city of Almaty shall have the right to adopt separate joint acts on issues of regulating activities and the use of the suburban zone of the City of Alatau, as well as other issues aimed at providing infrastructure support for the functioning and development of the City of Alatau.
Article 27. Assistance by the Government of the Republic of Kazakhstan and state bodies of the Republic of Kazakhstan to the functioning and development of the City of Alatau
1.The Government of the Republic of Kazakhstan, central state bodies, the National Bank of the Republic of Kazakhstan, other state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, and local executive bodies shall provide regulatory legal support, as well as other administrative assistance, for the functioning and development of the City of Alatau under the special legal regime and for the implementation of its purpose and tasks in accordance with this Constitutional Law and the regulatory legal acts of the administration.
2. The legal basis for the regulatory legal support and other administrative assistance provided for by this Article shall be the Constitution of the Republic of Kazakhstan, this Constitutional Law, and other laws of the Republic of Kazakhstan to the extent they do not contradict this Constitutional Law.
3. Regulatory legal support shall be carried out through the adoption of separate subordinate regulatory legal acts of the Republic of Kazakhstan.
Such subordinate regulatory legal acts shall form part of the legislation on the special legal regime and shall be aimed exclusively at ensuring the implementation of this Constitutional Law and other regulatory legal acts forming part of the legislation of the City of Alatau, within the competence of the state bodies of the Republic of Kazakhstan, as well as at regulating state procedures and other relations outside the City of Alatau related to ensuring its functioning and development under the special legal regime.
Such subordinate regulatory legal acts shall not establish independent regulation of activities in the City of Alatau on matters assigned by the legislation of the City of Alatau to the competence of the bodies of the City of Alatau, nor on other matters directly related to the conduct of such activities, and shall not establish requirements, conditions, restrictions, or other admission measures for carrying out such activities.
4. Subordinate regulatory legal acts forming part of the legislation on the special legal regime shall be posted in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan together with the acts of the legislation of the City of Alatau.
5. Subordinate regulatory legal acts forming part of the legislation on the special legal regime shall be prepared and adopted under a simplified procedure within two months from the date of receipt of the relevant request from the administration.
6. The procedure for the simplified preparation and adoption of subordinate regulatory legal acts of the Republic of Kazakhstan forming part of the legislation on the special legal regime shall be determined by the Government of the Republic of Kazakhstan.
7. Subordinate regulatory legal acts forming part of the legislation on the special legal regime, issued by central state bodies and state bodies of the Republic of Kazakhstan directly subordinate to and accountable to the President of the Republic of Kazakhstan, shall be subject to approval by the administration.
8. Other administrative assistance for the functioning and development of the City of Alatau under the special legal regime shall, among other measures, be expressed in:
1) the creation by central state bodies or local executive bodies of the Almaty region and the city of Almaty of special structural and/or territorial subdivisions to perform the necessary functions provided for by the legislation on the special legal regime, within two months upon the administration’s written request;
2) the adoption, within one month from the date of the relevant written request of the administration, of non-regulatory legal acts, decisions, and the performance of actions necessary for the integration, connection, and functioning of the digital, engineering, and other infrastructure of the City of Alatau with the relevant infrastructure and systems under the management, control, and/or ownership of the akimat of the Almaty region, the city of Almaty, or a central state body, including quasi-public sector organizations;
3) ensuring by the Government of the Republic of Kazakhstan and central executive bodies the priority attraction of investments into the economic sectors of the City of Alatau in accordance with the development strategy of the City of Alatau and coordinating these matters with the administration, including during the preparation and adoption of documents of the State Planning System of the Republic of Kazakhstan and other documents not included in such system;
4) promoting by central state bodies the use of the territory and the special legal regime for testing and implementing innovative technologies and solutions within the framework of the experimental legal regimes of the City of Alatau.
9. The acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan shall establish disciplinary liability for officials of central state bodies, local state administration bodies of the Almaty region and the city of Almaty, the National Bank of the Republic of Kazakhstan, and other state bodies directly subordinate to and accountable to the President of the Republic of Kazakhstan, as well as quasi-public sector organizations, for violation of the provisions of this Article, failure to provide assistance, or commission of any other act in violation of the requirements of this Constitutional Law or aimed at obstructing the bodies of the City of Alatau in the exercise of their functions and powers in fulfilling the tasks of the special legal regime.
Article 28. Strategic documents of the City of Alatau
1.The strategic documents determining the functioning and development of the City of Alatau shall be:
1) the long-term development plan of the City of Alatau (hereinafter — the long-term plan);
2) the master plan of the City of Alatau (hereinafter — the master plan);
3) the development strategy of the City of Alatau (hereinafter — the development strategy).
2. The strategic documents of the City of Alatau shall be approved by the Council.
3. The long-term plan shall be developed and approved for a period of thirty years, and adjustments to it may be made no more than once every ten years.
4. The master plan and the development strategy shall be developed and approved simultaneously for a period of fifteen years on the basis of and within the limits of the long-term plan. Adjustments to the master plan and the development strategy may be made no more than once every five years within the scope of the long-term plan.
In exceptional cases, additional adjustments to the master plan and/or the development strategy may be made with the approval of the President of the Republic of Kazakhstan for investment purposes within the framework of international cooperation of the Republic of Kazakhstan.
5. The long-term plan and the master plan shall be developed with the involvement of a contractor having experience in developing similar urban development documents in countries with high infrastructure quality.
6. Socio-economic plans implemented in the territory of the City of Alatau shall be developed by the akimat taking into account the strategic documents of the City of Alatau and shall form the basis for the formation of the local budget of the City of Alatau.
7. Socio-economic plans shall be developed for a three-year period in order to ensure the functioning of life-support systems, the provision of goods and services to the local population, and the resolution of general administrative matters, and shall be approved by the maslikhat.
8. The strategic documents of the City of Alatau shall be developed, approved, and implemented exclusively taking into account the development of the City of Alatau as a “smart city,” providing for the introduction and use of innovative urban mobility, digital technologies, and the Internet of Things in the management of urban infrastructure and urban space for the purposes of efficiency, safety, sustainable development, and improved interaction with the population of the City of Alatau.
9. The strategic documents of the City of Alatau shall serve as the basis for the organization of public financing and administration in the City of Alatau, the distribution of functions and powers between the administration and the akimat, as well as the exercise of strategic, regulatory, implementation, and control functions by the bodies of the City of Alatau when adopting administrative acts and carrying out administrative and other actions.
Such administrative acts and administrative actions may be declared unlawful and subject to cancellation by a court upon a claim by Alatau residents if their inconsistency with the strategic documents of the City of Alatau is proven.
10. The strategic documents of the City of Alatau shall form the basis for the formation of the administration’s budget and the implementation of state investment projects from the republican and local budgets of the regions and cities of republican significance.
11. The degree and sequence of implementation and observance of the strategic documents of the City of Alatau in its functioning and development shall form the basis for assessing the effectiveness of the administration’s activities.
12. The methodology for the development, adjustment, and evaluation of the effectiveness of the implementation of the strategic documents of the City of Alatau shall be determined by the Council.
Article 29. Employees of the administration and other organizations of public administration of the City of Alatau
1. The chief executive officer of the administration shall be a civil servant. His activities, as well as the activities of the civil servants of the apparatus of the maslikhat of the City of Alatau, the apparatus of the akim of the City of Alatau, and the executive bodies financed from local budgets, shall be regulated by the Law of the Republic of Kazakhstan “On Civil Service of the Republic of Kazakhstan,” taking into account the provisions of this Constitutional Law.
Other employees of the administration and the bodies of the administration shall be employees of the City of Alatau and shall not be classified as state or civil servants of the Republic of Kazakhstan.
Members of the Council, members of advisory and consultative bodies, and members of other collegial management bodies of the administration and the bodies of the administration shall not be employees of the administration or employees of the bodies of the administration, respectively.
Independent members of the Council, advisory and consultative bodies, and other collegial management bodies of the administration and the bodies of the administration shall perform their functions on the basis of civil-law contracts with the administration.
2. The labor and service activities of employees of the City of Alatau shall be regulated by regulatory legal acts of the administration based on a decision of the Council, which shall establish the procedure for selection, appointment to positions and dismissal from positions, conditions and restrictions related to service in the City of Alatau, as well as other provisions concerning the activities of employees of the City of Alatau.
3.Foreign workers possessing the relevant qualifications and experience in the management and development of urban spaces and new cities operating under special legal regimes, as well as in urban planning, may be employed as employees of the City of Alatau.4. The engagement of foreign citizens and stateless persons to work in the administration and the bodies of the administration as employees of the City of Alatau, as well as as members of the management bodies of the administration and advisory and consultative bodies of the administration, shall not require a permit for the attraction of foreign labor.
5. The list of positions and their categories for occupation by foreign workers, including within the framework of engagement under a contract system, shall be determined by a regulatory legal act of the administration based on a decision of the Council.
6. The remuneration and incentive measures for employees of the City of Alatau shall encourage initiative in the performance of their duties.
The system of financing, remuneration, and other incentive measures for the akim of the City of Alatau and his deputies, the chief executive officer of the administration, and employees of the City of Alatau shall be developed by the Council and approved by the Government of the Republic of Kazakhstan in agreement with the President of the Republic of Kazakhstan for a separate category of employees funded from the state budget.
The system of financing, remuneration, and incentive measures for effective work and social benefits in the bodies of the City of Alatau shall ensure, at a level comparable to non-state legal entities, the ability to form staff and management in the administration and state bodies exercising local state administration functions in the City of Alatau with qualified personnel.
7. Citizens of the Republic of Kazakhstan shall have equal rights of access to service in the administration and the bodies of the administration. The requirements imposed on candidates for the position of employee of the City of Alatau shall be determined by the administration and the bodies of the administration, taking into account the provisions of this Constitutional Law and the regulatory legal acts of the administration.
8. Appointment to the position of employee of the City of Alatau of a person entering service in the City of Alatau for the first time or re-entering service in the City of Alatau after termination thereof shall be carried out after obtaining positive results of a mandatory special check conducted by the national security bodies of the Republic of Kazakhstan.
9. A person may not be appointed to the position of employee of the City of Alatau if such person:
1) has been recognized in accordance with the procedure established by law as legally incapable or of limited legal capacity;
2) has been brought to administrative liability for committing a corruption offense;
3) has committed a corruption crime;
4) has been dismissed from work for committing a corruption offense;
5) has an unexpunged or unremoved criminal record at the time of appointment to the position of employee of the City of Alatau;
6) has not obtained positive results of the mandatory special check;
7) on other grounds established by the regulatory legal acts of the administration based on a decision of the Council.
10. Restrictions on ownership of accounts (deposits) and/or storage of cash, securities, and valuables in foreign banks and financial organizations located outside the Republic of Kazakhstan, as well as digital assets, shall not apply to foreign workers who are employees of the City of Alatau.
11. The period of work as an employee of the City of Alatau in respect of the list of positions approved by a regulatory legal act of the administration based on a decision of the Council shall be counted toward the length of state service determined by the Law of the Republic of Kazakhstan “On Civil Service of the Republic of Kazakhstan.”
12. The akim of the City of Alatau, his deputies, the chief executive officer of the administration, as well as employees of the City of Alatau, shall bear responsibility established by the laws of the Republic of Kazakhstan in the exercise of their powers.
Chapter 3. BUDGETARY AND INTERBUDGETARY RELATIONS, PROCUREMENT, AND PUBLIC-PRIVATE PARTNERSHIP IN THE CITY OF ALATAU
Article 30. General provisions on the special budgetary regime of the City of Alatau
1. A special budgetary regime shall operate in the territory of the City of Alatau. The administration shall be an independent administrator of republican budget programs, ensure their execution, and monitor their implementation.
2. In the republican budget, the administration’s budget shall be planned on the principle of block budgeting. The rules of block budgeting shall be approved by the Council.
3. The consolidated budget of the City of Alatau shall consist of the local budget of the City of Alatau and the budget of the administration and shall be used for analytical purposes.
4. The budget of the administration shall be formed and executed in accordance with this Constitutional Law and the regulatory legal acts of the administration in order to ensure the current activities of the administration and the implementation of the strategic documents of the City of Alatau.
5. The local budget of the City of Alatau shall be intended to ensure the tasks and functions of the akimat in implementing state functions assigned to local state administration bodies in the City of Alatau.
6. The local budget of the City of Alatau may receive budget subventions within the framework of general-purpose transfers in accordance with the budget legislation of the Republic of Kazakhstan.
7. Budget withdrawals from the local budget of the City of Alatau and from the funds of the administration to the republican or other budgets shall not be permitted until budget self-sufficiency is achieved.
8. Balances of funds and any resulting savings of the administration’s budget at the end of the financial year shall remain at the disposal of the administration. By decision of the Council, savings from the administration’s budget may be directed to future periods, invested in the development of the City of Alatau’s infrastructure, reallocated among expenditure items of the current year’s administration budget, or transferred to the local budget of the City of Alatau for the implementation of social and current tasks.
9. Balances of budget funds and any resulting savings of the local budget shall be distributed upon approval of the local budget of the City of Alatau. By decision of the maslikhat, balances of budget funds and any resulting savings of the local budget may be directed to increase financing of existing programs for the current and future periods.
10. Until the administration’s budget achieves budget self-sufficiency, the draft law on the republican budget submitted by the Government of the Republic of Kazakhstan to the Kurultai of the Republic of Kazakhstan shall contain provisions on the current expenditures of the administration and the administration’s expenditures for the development of the City of Alatau.
11. The administration shall develop and submit budget requests to the central authorized body for budget planning on the principle of block budgeting for financing the current expenditures of the administration and the administration’s expenditures for the development of the City of Alatau.
12. Funds of the administration’s budget shall be planned and spent from the control cash account in the State Treasury of the Republic of Kazakhstan. The accounting policies of the administration’s budget shall be approved by the administration.
13. In accordance with a regulatory legal act of the administration adopted by decision of the Council, the administration shall be obliged to ensure separate accounting policies for funds received into the administration’s budget.
14. Funds of the republican budget shall be accounted for and used exclusively within the framework of a separate accounting policy and may not be combined with private funds, grants, or receipts and own revenues of the administration’s budget for the purposes of accounting, execution, or state audit.
15. The administration shall have the right to create financial reserves from its own revenues and voluntary property contributions, donations from third parties, as well as other receipts permitted by this Constitutional Law, except for funds from the republican budget received within the framework of financing the development of the City of Alatau.
16. The procedure for the formation, accounting, replenishment, and use of the administration’s budget reserves shall be approved by the Council, taking into account the mandatory separate accounting of reserves from other funds of the administration’s budget and the restriction that reserves may be used exclusively for the development of the City of Alatau.
17. The local budget of the City of Alatau shall be maintained, executed, monitored, accounted for, and subject to state audit in the manner established by the budget legislation of the Republic of Kazakhstan. State audit of the local budget of the City of Alatau shall be carried out by state audit and financial control bodies in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.
18. In order to ensure transparency, efficiency, and trust in the management of the administration’s budget funds, an annual external independent audit shall be conducted. The external independent audit shall be carried out by an international auditing organization determined by the Council. The results of such audit shall be subject to mandatory publication no later than six months after the completion of the audit.
19. The annual reports of the Government of the Republic of Kazakhstan and the Supreme Audit Chamber of the Republic of Kazakhstan submitted to the Kurultai of the Republic of Kazakhstan shall include a report on the execution of the administration’s budget from republican budget funds.
20. The administration shall ensure continuous public reporting on the execution of the administration’s budget. Quarterly reports on the revenues and expenditures of the administration’s budget shall be subject to mandatory posting on the administration’s internet resource.
21. Special provisions of the budgetary regime in the City of Alatau, providing for the procedure for planning, approving, clarifying, adjusting, executing, monitoring, internal and external audit, and financial control of the administration’s budget, shall be approved by a regulatory legal act of the administration based on a decision of the Council.
Article 31. Distribution of receipts between the local budget of the City of Alatau and the administration’s budget
1.A special procedure for the distribution of receipts credited from Alatau residents, business entities registered in the territory of the City of Alatau and not being Alatau residents, and other sources in the City of Alatau shall apply in the City of Alatau. Such receipts shall be made to the local budget of the City of Alatau and the administration’s budget and shall not be subject to distribution or transfer to other budgets of the Republic of Kazakhstan until budget self-sufficiency is achieved.
2. The procedure for distributing receipts between the local budget of the City of Alatau and the administration’s budget shall be determined by this Constitutional Law and by a regulatory legal act of the administration.
3. The local budget of the City of Alatau shall be formed from:
1) individual income tax;
2) social tax;
3) property tax on taxable objects registered in the City of Alatau;
4) vehicle tax on taxable objects registered and/or recorded in the City of Alatau;
5) land tax and payment for the use of land plots by individuals for land plots used for personal subsidiary farming, gardening, truck gardening, individual housing construction, and dacha construction - in respect of land plots within the City of Alatau;
6) other receipts classified by the Budget Code of the Republic of Kazakhstan as receipts of the budget of a city of regional significance, unless otherwise provided by paragraph 4 of this Article;
7) receipts from transfers from the local budget of the Almaty region, including within the framework of general-purpose transfers.
4. The administration’s budget shall be formed from:
1) corporate income tax paid by all business entities registered in the territory of the City of Alatau;
2) value-added tax paid by taxpayers in the City of Alatau, including on goods produced, works performed, and services rendered in the territory of the City of Alatau, on imported goods, and on works and services acquired from a person who is not a tax resident of the Republic of Kazakhstan;
3) land tax and payment for the use of land plots by legal entities, as well as by individuals, except for land plots used for personal subsidiary farming, gardening, truck gardening, individual housing construction, and dacha construction — in respect of land plots within the territory of the City of Alatau;
4) fines, penalties, sanctions, recoveries, and measures to secure the enforcement of administrative acts imposed by the administration and the bodies of the administration;
5) other receipts classified by the Budget Code of the Republic of Kazakhstan as receipts of the republican and regional budgets;
6) receipts from the republican budget and/or the local budget of the City of Alatau;
7) private funds, contributions, and other sources not prohibited by the legislation of the Republic of Kazakhstan.
5. Refund of the amount of value-added tax excess to Alatau residents shall be made from the republican budget.
The procedure and deadlines for transferring from the republican budget the amount of value-added tax excess confirmed for refund to an Alatau resident by the administration shall be determined by a joint regulatory legal act of the administration and the state body for ensuring the receipt of taxes and other mandatory payments into the budget, but not later than the deadlines established by the tax legislation of the Republic of Kazakhstan, including for investment projects.
6. Other payments introduced in the City of Alatau shall be administered by the administration and credited to the administration’s budget.
Article 32. Planning and implementation of state investment projects
1. Budget investments aimed at the development of the City of Alatau shall mean a set of measures aimed at creating (constructing) new or reconstructing existing construction facilities in the territory of the City of Alatau.
2. The implementation of budget investments aimed at the development of the City of Alatau shall be carried out in accordance with competitive procedures, taking into account the provisions of Article 34 of this Constitutional Law.
3. The administration shall have the right to implement state investment projects through the “turnkey” construction mechanism in the manner determined by a regulatory legal act of the administration based on a decision of the Council.
4. The procedure for planning, substantiating, implementing, and determining the cost of state investment projects aimed at the development of the City of Alatau shall be determined by a regulatory legal act of the administration based on a decision of the Council.
5. The administration shall have the right to borrow for the purpose of implementing infrastructure projects by issuing securities and/or obtaining loans.
6. Servicing and repayment of the administration’s debt shall be carried out at the expense of republican budget funds in the manner determined by a regulatory legal act of the administration based on a decision of the Council.
7. The procedure for borrowing by the administration shall be determined by a regulatory legal act of the administration based on a decision of the Council.
Article 33. Public-private partnership in the City of Alatau
1.The legal conditions for public-private partnership in the City of Alatau, the methods of its implementation, the procedure for planning and implementing public-private partnership projects, concluding, performing, and terminating public-private partnership agreements, and monitoring and evaluating the implementation of public-private partnership projects shall be determined by a regulatory legal act of the administration based on a decision of the Council, in accordance with internationally recognized principles of project finance and bankability.
2. Interaction of the bodies of the City of Alatau with the local executive bodies of the Almaty region and the city of Almaty in the joint or ancillary implementation of public-private partnership projects shall be carried out taking into account the provisions of Article 26 of this Constitutional Law.
3. Regulatory legal acts of the administration based on a decision of the Council may also determine the specific features of:
1) the procedure for selecting a private partner;
2) the allocation of public-private partnership risks between the public partner and the private partner;
3) the qualification requirements imposed on a potential private partner;
4) the procedure for amending a public-private partnership agreement and extending its term;
5) the methodology for determining the limits of state obligations under public-private partnership projects;
6) an accelerated and simplified procedure for the approval, expert review, and approval of tender documentation for public-private partnership projects;
7) other matters related to the planning and implementation of public-private partnership projects.
4. State obligations under public-private partnership projects implemented in the territory of the City of Alatau shall, until budget self-sufficiency is achieved, be fulfilled from republican budget funds in the manner determined by a regulatory legal act of the administration based on a decision of the Council.
5. The administration shall have the right to engage international, regional, and/or Kazakh financial institutions to provide consulting services for the purpose of developing and discussing tender documentation, drafts of public-private partnership agreements, making proposals for financing a public-private partnership project, ensuring the performance of obligations under borrowed funds, expected payments in the event of termination of a public-private partnership agreement, and other matters related to the financing of public-private partnership projects in the City of Alatau, including concluding relevant agreements with them.
6. The list of public-private partnership projects to be implemented in the territory of the City of Alatau, including those developed and financed with the participation of international financial institutions, shall be determined by the administration.
7. The types, amounts, and procedure for providing state support measures in the implementation of public-private partnership projects in the City of Alatau shall be determined by regulatory legal acts of the administration based on a decision of the Council.
Article 34. Procurement procedures by the bodies of the City of Alatau
1. Procurement of goods, works, and services by the bodies of the City of Alatau, the apparatuses of the maslikhat and the akim of the City of Alatau, and the executive bodies financed from the local budget of the City of Alatau shall be carried out in accordance with the regulatory legal acts of the administration.
2. Procurement of goods, works, and services by the bodies of the City of Alatau shall be carried out taking into account internationally recognized principles in the field of public procurement and subject to compliance with the principles of:
1) the best value for money;
2) fairness, good faith, and transparency;
3) effective competition;
4) gradual introduction of local content.
Chapter 4. LEGAL REGULATION OF ACTIVITIES IN THE CITY OF ALATAU
Article 35. General provisions
1. This Chapter establishes certain features of the legal regulation of activities in the City of Alatau.
2. The features of the legal regulation of activities in the City of Alatau shall be established by this Constitutional Law together with other legislation of the City of Alatau adopted taking into account paragraph 3 of Article 4 of this Constitutional Law.
Article 36. Legislation of the City of Alatau
1. The legislation of the City of Alatau shall be part of the legislation on the special legal regime.
2. The regulatory legal acts of the administration, maslikhat, and akimat of the City of Alatau shall be adopted in implementation of the purpose and tasks of the special legal regime and may not contradict this Constitutional Law.
3. The regulatory legal acts of the administration, maslikhat, and akimat of the City of Alatau shall have a special legal status established by this Constitutional Law and shall be adopted outside the system of subordinate regulatory legal acts of the Republic of Kazakhstan established by the legislation of the Republic of Kazakhstan on legal acts.
4. The administration shall adopt the following regulatory legal acts: regulatory provisions, rules, and regulatory orders.
5. The regulatory legal acts of the administration shall correspond in legal force to the following descending levels:
1) regulatory provisions — approved by a decision of the Council;
2) rules — approved by a decision of the administration’s regulatory commission;
3) regulatory orders — adopted by the chief executive officer of the administration.
6. The maslikhat of the City of Alatau shall adopt regulatory legal acts in the form of decisions.
7. The akimat of the City of Alatau shall adopt regulatory legal acts in the form of resolutions.
8. The regulatory legal acts of the administration, not contradicting the Constitution of the Republic of Kazakhstan and this Constitutional Law, may be based on the principles, norms, and precedents of the law of England and Wales and/or standards of business conduct in countries with high-quality infrastructure.
9. Taking into account the restrictions established by paragraph 3 of Article 4 of this Constitutional Law, the administration shall have the right to adopt regulatory legal acts regulating in the City of Alatau:
1) private-law relations;
2) public-law relations.
10. The regulatory legal acts of the administration may be permanent or temporary. Temporary regulatory legal acts of the administration shall be adopted and remain in force until a specified date or the occurrence of an event determining the termination of the act, for the purposes of:
1) special regulation of the development, testing, and implementation of technological and other innovations within the framework of the experimental legal regime;
2) preliminary testing of legal norms and regulatory approaches;
3) regulating public relations or public relations in a specific sphere until the adoption of the relevant permanent regulatory legal act;
4) other purposes determined by the Council.
11. The legislation of the City of Alatau and other regulatory legal acts of the legislation on the special legal regime shall be subject to separate state registration in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan.
12. The legislation of the City of Alatau shall be included in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in the manner determined by a regulatory legal act of the administration based on a decision of the Council.
13. Draft regulatory legal acts of the legislation of the City of Alatau shall be subject to public discussion before their adoption, unless the need for their immediate adoption is determined by ensuring the security, functioning, or sustainable development of the City of Alatau. The procedure for conducting public discussion shall be determined by the regulatory legal acts of the administration.
14. The procedure for drafting, conducting legal (juridical) review, adopting, accounting, entering into force, amending, supplementing, terminating, repealing, suspending, and publishing regulatory legal acts of the legislation of the City of Alatau, as well as their hierarchy, shall be determined by a regulatory legal act of the administration based on a decision of the Council.
15. In cases where ambiguities and differing interpretations of the norms of the legislation of the City of Alatau are identified, as well as contradictions in the practice of their application, official clarification shall be provided by the administration. Acts of official clarification shall be binding.
Clarification of the norms of the legislation of the City of Alatau shall be carried out in accordance with the principles of the special legal regime.
All doubts, contradictions, and ambiguities between the norms of the legislation of the City of Alatau and other legislative acts and subordinate regulatory legal acts of the Republic of Kazakhstan shall be resolved in favor of the norms of the legislation of the City of Alatau.
16. The regulatory legal acts of the administration, maslikhat, and akimat of the City of Alatau may be declared unlawful and annulled in whole or in part exclusively by a court upon a claim by the Prosecutor General of the Republic of Kazakhstan on the following grounds:
1) exceeding by the administration, maslikhat, or akimat of the City of Alatau the powers granted by this Constitutional Law;
2) manifest contradiction to the purpose and/or tasks of the special legal regime.
17. Recognition of a regulatory legal act of the administration, maslikhat, or akimat of the City of Alatau as unlawful and its annulment shall not have retroactive effect, unless otherwise provided by part two of this paragraph. Such recognition and annulment shall not affect:
1) transactions concluded in good faith during the period of validity of such regulatory legal act;
2) the validity of business licenses, regulatory licenses, and regulatory permits lawfully obtained on the basis of such regulatory legal act;
3) the rights and obligations of third parties lawfully acquired during the period of validity of such regulatory legal act.
In exceptional cases where a regulatory legal act of the administration, maslikhat, or akimat of the City of Alatau was manifestly unlawful, the court shall recognize such regulatory legal act as unlawful from the moment of its adoption.
In this case, transactions made on the basis of such act, as well as business licenses, regulatory licenses, and regulatory permits issued during the period of validity of such regulatory legal act, shall be invalid.
Losses caused to bona fide persons as a result of the issuance of a manifestly unlawful regulatory legal act shall be compensated by the bodies that issued it.
A regulatory legal act of the administration, maslikhat, or akimat of the City of Alatau shall be deemed manifestly unlawful if its contradiction to the Constitution of the Republic of Kazakhstan or this Constitutional Law was evident at the time of adoption.
18. A regulatory legal act of the administration, maslikhat, or akimat of the City of Alatau may not be challenged after three years from the date of its posting on the administration’s internet resource, except in cases of manifest unlawfulness.
19. A regulatory legal act of the administration based on a decision of the Council shall determine the list of matters for which regulatory legal acts of the administration are adopted subject to approval by the relevant authorized state bodies of the Republic of Kazakhstan.
Article 37. Use of languages in the City of Alatau
1. Regulatory legal acts of the administration shall be drafted and adopted in Kazakh, Russian, and English. Translation of regulatory legal acts of the administration into other languages shall be permitted. Official translation of regulatory legal acts of the administration shall be ensured by the body of the City of Alatau that adopted the relevant act.
2. Internal, working, accounting-statistical, financial, technical, and other working documentation in the administration shall be maintained in Kazakh, Russian, and English.
3. Appeals to the bodies of the City of Alatau shall be submitted in Kazakh, Russian, or English. Replies of the bodies of the City of Alatau and the documents attached to them in response to the submitted appeal shall be drawn up in the corresponding language of the appeal.
4. All transactions made in writing under the legislation of the City of Alatau shall be drawn up in Kazakh, Russian, or English. Where necessary, such transactions may additionally be drawn up in other languages.
Transactions in which one of the parties is an Alatau resident and which are made in writing shall be drawn up in English or in Kazakh or Russian.
5. The texts of details and visual information shall be drawn up in compliance with the rules of spelling, ethics, and authentic translation of the text.
6. In the City of Alatau, signs of non-state legal entities shall be displayed in Kazakh. Where necessary, signs may additionally be displayed in Russian or English. Display of signs in other languages shall be prohibited.
Article 38. Residency in the City of Alatau
1. The legal status of an Alatau resident (hereinafter - residency) shall be assigned by separate categories of residency. Assignment, change, and termination of residency shall be subject to registration.
2. Categories of residency shall determine the permissible scope of application, in relation to an Alatau resident, of the special legal regime and the corresponding rights, obligations, and requirements provided for by this Constitutional Law and the regulatory legal acts of the administration.
3. The administration shall maintain a register of Alatau residents.
4. The system of residency categories, the conditions for assignment, change, and termination of residency, the procedure for their registration, and the procedure for the formation, maintenance, content, and publication of information in the register of Alatau residents shall be determined by the regulatory legal acts of the administration.
Article 39. Entrepreneurial activity and business licensing in the City of Alatau
1. Primary business means entrepreneurial activity actually carried out by a person aimed at achieving the purposes of its establishment - for non-profit organizations, or generating income - for individuals and commercial organizations.
Primary business shall be deemed to be carried out in the territory of the City of Alatau if, in the territory of the City of Alatau, activities are actually carried out that include the performance of the main production, operational, commercial, and technological functions directly generating income from the sale of goods, performance of works, or provision of services, possession, use, or disposal of property located in the territory of the City of Alatau, and/or results of intellectual activity created and/or managed in the territory of the City of Alatau, except for the provision of consulting, agency, representative, and other auxiliary services.
2. Determination of the fact that primary business is carried out in the territory of the City of Alatau shall be made by the administration in the procedure determined by it. The administration shall have the right to recognize a person as carrying out primary business in the territory of the City of Alatau regardless of the place of its registration, if the actual activity of such person corresponds to the characteristics of primary business established by this Constitutional Law.
3. The conduct of activities constituting primary business in the territory of the City of Alatau by individuals and legal entities shall be carried out on the basis of a business license issued by the administration.
4. Non-profit legal entities - Alatau residents - whose activities do not bear the characteristics of primary business shall have the right to carry out such activities without obtaining a business license.
5. A person who has obtained a business license shall have the right to carry out activities constituting primary business exclusively within the types and conditions of activity specified in the business license and determined by the regulatory legal acts of the administration.
6. A business license shall be issued to a commercial organization upon its state registration as a legal entity - an Alatau resident. To other persons, a business license shall be issued upon application in the event of an intention to carry out primary business in the City of Alatau.
7. Representative offices of legal entities - Alatau residents - registered outside the City of Alatau, as well as representative offices of other legal entities of the Republic of Kazakhstan in the City of Alatau, shall not be entitled to carry out entrepreneurial activity.
8. The types of business licenses, the procedure for business licensing, and the consequences of suspension and termination of a business license shall be determined by the regulatory legal acts of the administration.
Article 40. Legal regime of the activities of legal entities in the territory of the City of Alatau
1. Primary business of legal entities in the territory of the City of Alatau shall be carried out exclusively by legal entities - Alatau residents.
2. Legal entities that are not Alatau residents shall have the right to carry out activities in the territory of the City of Alatau involving the performance of works and the provision of services:
1) without establishing a branch - provided that such activity is carried out on a temporary or project basis and is not permanent in nature;
2) through a branch registered in the City of Alatau - in the case of carrying out such activity on a permanent basis, subject to the following conditions:
such activity does not relate to the primary business of the legal entity carried out in the territory of the City of Alatau;
the sale of goods is not carried out, or the sale of goods is carried out exclusively in the process of creating the result of works and services in the volume necessary for their performance and does not have an independent entrepreneurial purpose;
activities are not carried out which, in accordance with this Constitutional Law or the regulatory legal acts of the administration, may be carried out exclusively by legal entities - Alatau residents.
3. The residency requirement shall not apply to:
1) state legal entities, as well as organizations of the quasi-public sector, carrying out activities (functions) in the City of Alatau within their competence;
2) foreign legal entities that do not establish a legal entity in the Republic of Kazakhstan and do not carry out primary business in the City of Alatau through a branch or representative office, and also do not conduct activities on a permanent basis in the City of Alatau, and which participate in projects in the City of Alatau by providing financing and/or rendering separate services (including technical, consulting, and other professional services), supplying goods and/or performing design, survey, research, development, or technological works under contracts with Alatau residents and/or bodies of the City of Alatau.
4. Unless otherwise provided by this Constitutional Law, the following shall be prohibited:
1) for legal entities that are not Alatau residents, carrying out primary business in the territory of the City of Alatau requiring a business license;
2) changing the place of registration of non-state legal entities established in another territory of the Republic of Kazakhstan outside the City of Alatau to a place of registration in the City of Alatau;
3) establishing branches by legal entities — Alatau residents — in another territory of the Republic of Kazakhstan.
5. The types and organizational and legal forms of legal entities — Alatau residents, the grounds and procedure for their establishment, registration, reorganization, liquidation, and termination of activity, and the requirements for carrying out their activities shall be determined by the regulatory legal acts of the administration.
6. The regulatory legal acts of the administration may provide for the possibility of changing the place of registration of foreign legal entities from foreign jurisdictions to the City of Alatau without termination of their activity (redomiciliation).
7. Legal entities — Alatau residents — shall be assigned business identification numbers in the National Register of Business Identification Numbers. Such business identification numbers shall be recognized and applied on an equal basis with business identification numbers assigned to other legal entities of the Republic of Kazakhstan.
8. The administration shall carry out state registration, re-registration, and registration of termination of activity of legal entities — Alatau residents, record registration, re-registration in the City of Alatau, as well as deregistration of branches and representative offices in the City of Alatau.
The administration shall submit information on the legal entities, branches, and representative offices registered by it to the National Register of Business Identification Numbers for assignment of business identification numbers to them.
9. Assignment, accounting, and use of business identification numbers shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.
10. State bodies of the Republic of Kazakhstan shall ensure the assignment of business identification numbers to legal entities — Alatau residents, branches, and representative offices in the City of Alatau, as well as the integration of information about them into the state digital systems of the Republic of Kazakhstan.
In the said digital systems, such legal entities — Alatau residents, branches, and representative offices shall be identified as subjects of the City of Alatau in the manner provided for by paragraph 3 of Article 27 of this Constitutional Law.
11. Rehabilitation and bankruptcy of legal entities — Alatau residents — shall be carried out in accordance with a regulatory legal act of the administration based on a decision of the Council.
Article 41. Regulatory licensing and permitting procedures in the City of Alatau
1. State regulation of activities in the territory of the City of Alatau shall be carried out in the forms provided for by this Constitutional Law and the regulatory legal acts of the administration, including the application of regulatory licenses and regulatory permits.
2. Certain types of activity, in accordance with the regulatory legal acts of the administration, shall be carried out in the City of Alatau on the basis of regulatory licenses.
Regulatory licenses shall be issued exclusively to Alatau residents, unless otherwise provided by this Constitutional Law.
3. Participation in the experimental legal regime, as well as the performance of certain operations, implementation of certain projects, and performance of other specific actions in the territory of the City of Alatau, shall require, in accordance with the regulatory legal acts of the administration, obtaining regulatory permits.
Regulatory permits shall be issued to Alatau residents, as well as to other persons, except in cases where this Constitutional Law or the regulatory legal acts of the administration provide that the relevant right may be granted exclusively to Alatau residents or their separate categories.
4. Regulatory licenses and regulatory permits shall be issued by the administration or, in cases determined by the regulatory legal acts of the administration, by the bodies of the administration.
5. Unless otherwise provided by the legislation of the City of Alatau, state regulation related to the introduction and implementation of permit and notification procedures provided for by paragraph 3 of Article 4 of this Constitutional Law shall be carried out by the relevant state bodies of the Republic of Kazakhstan within their competence.
6. Regulatory licenses and regulatory permits shall be issued for a fixed term or without limitation of term.
7. The activities of state legal entities and quasi-public sector entities in the territory of the City of Alatau shall be subject to state regulation in accordance with the legislation of the Republic of Kazakhstan, unless otherwise provided by this Constitutional Law or the regulatory legal acts of the administration.
8. The possession of a business license shall not exempt a person from the obligation to obtain a regulatory license or regulatory permit.
9. In carrying out regulatory licensing and permitting procedures, the administration shall have the right to recognize licenses, permits, accreditations, and other documents confirming the right to carry out activities, issued in countries with high-quality infrastructure and/or by international organizations determined by the administration.
10. The procedure for carrying out regulatory licensing and permitting procedures, the qualification and/or other requirements imposed, as well as the methods of ensuring their fulfillment and other legal enforcement measures for violations of state regulation of activities in the City of Alatau, shall be determined by the regulatory legal acts of the administration.
Article 42. State control and supervision in the City of Alatau
1. In the spheres of social relations regulated by this Constitutional Law and the regulatory legal acts of the administration, state control and supervision in the City of Alatau with respect to Alatau residents and other persons in the City of Alatau shall be carried out exclusively by the administration and persons authorized by it in accordance with this Constitutional Law, in the procedure determined by a regulatory legal act of the administration.
2. Central state bodies and their territorial subdivisions shall not be entitled to carry out state control and supervision, apply administrative enforcement measures, issue binding orders, or suspend the activities of Alatau residents in matters assigned to the regulation of the administration.
3. In the spheres of legislation not regulated by this Constitutional Law and the regulatory legal acts of the administration and not referred to the spheres of relations provided for by paragraph 3 of Article 4 of this Constitutional Law, state control and supervision with respect to Alatau residents shall be carried out in the manner established by the legislation of the Republic of Kazakhstan, exclusively upon prior written consent of the administration.
The requirement for prior written consent shall not apply to the activities of special state bodies, the authorized anti-corruption body, and the authorized body carrying out financial monitoring when exercising powers within their exclusive competence, to state control and supervision carried out on the instruction of the President of the Republic of Kazakhstan, as well as in other cases determined by regulatory legal acts of the administration based on a decision of the Council.
The administration shall have the right to refuse consent for the conduct of state control and supervision in cases where:
the subject matter of state control and supervision falls within the powers of the administration, the bodies of the administration, other state bodies and/or organizations authorized by the administration;
the requirements established by the legislation of the Republic of Kazakhstan regarding the procedure for appointing, organizing, and/or conducting state control and supervision have been violated;
there are no sufficient factual grounds substantiating the likelihood of violations;
the scope and nature of the proposed control and supervisory measures clearly do not correspond to the factual grounds indicated by the state body in the request for consent and/or to the severity of the alleged violation or its alleged consequences;
the objectives of state control and supervision can be achieved by means less burdensome for the Alatau resident;
there are other grounds determined by a regulatory legal act of the administration based on a decision of the Council.
A refusal to grant consent must be reasoned and may be appealed in court.
4. Prosecutorial supervision in the City of Alatau shall be carried out in accordance with the legislation of the Republic of Kazakhstan, taking into account the specific features established by this paragraph.
Verification of compliance with the law in the activities of the administration and the bodies of the administration shall be permitted only by the General Prosecutor’s Office of the Republic of Kazakhstan upon instruction of the President of the Republic of Kazakhstan or the General Prosecutor of the Republic of Kazakhstan.
Upon instruction of the General Prosecutor of the Republic of Kazakhstan, an inspection shall not be permitted:
1) more than once within thirty-six months from the date of completion of the last prosecutorial inspection;
2) repeatedly in respect of a previously inspected period of activity on the same subject of inspection;
3) in respect of a period exceeding three years preceding the date of commencement of the last inspection on the same subject of inspection.
5. The prosecutor’s office shall not be entitled to interfere in the activities of Alatau residents that are subjects of private entrepreneurship carried out in the City of Alatau, or to appoint inspections of such activities, except in cases provided for by part two of this paragraph.
An inspection of compliance with the law in the activities of such persons shall be permitted exclusively upon instruction of the President of the Republic of Kazakhstan, the General Prosecutor of the Republic of Kazakhstan, or with their approval.
The General Prosecutor’s Office of the Republic of Kazakhstan shall notify the said subject of control and supervision and provide it with an opportunity to present its position no less than three working days before the start of the inspection, except in cases of an immediate threat to life or health of the population, the environment, or the security of critical infrastructure of the City of Alatau, and where elimination of such threat requires immediate intervention. In such cases, the inspection shall be conducted without prior notification of the subject of control and supervision and without registration of the act appointing the inspection, with subsequent submission thereof within the next working day to the authorized body for legal statistics and special records.
6. In the event that a new sphere of social relations is assigned to the regulation of the administration, state control and supervision in the relevant sphere shall be carried out by the administration from the date of entry into force of the relevant act.
7. The provisions of this Article shall not apply to the administration of taxes in the City of Alatau.
Tax administration, including any forms of tax control, shall be carried out taking into account the specific features provided for by Article 44 of this Constitutional Law.
Article 43. Circulation of goods, works, and services of the City of Alatau
1.Goods, works, and services produced (performed, rendered) by Alatau residents in accordance with the legislation of the City of Alatau shall be recognized as meeting the requirements of the legislation of the Republic of Kazakhstan for the purposes of their sale, payment, accounting, and use in the territory of the Republic of Kazakhstan and upon export, unless otherwise provided by the legislation of the City of Alatau or international treaties ratified by the Republic of Kazakhstan, and shall be circulated on an equal basis with other goods, works, and services produced in another territory of the Republic of Kazakhstan.
2. Non-compliance of the activities of an Alatau resident in the City of Alatau with licensing, certification, permit, or notification requirements, or other requirements for goods, works, or services established in another territory of the Republic of Kazakhstan, may not serve as grounds for refusal of export, execution of payments, recognition of expenses, deductions, or offsets for tax purposes, restriction of participation in procurement, or application of other measures restricting their circulation, except for measures established by the regulatory legal acts of the administration.
3. Requirements established by state bodies, financial organizations of the Republic of Kazakhstan, and quasi-public sector entities that result in refusal to execute payments, recognize expenses, deductions, or offsets for tax purposes, admit goods, works, and services into circulation, or carry out other operations in respect of the goods, works, and services specified in paragraph 1 of this Article, on the grounds of absence of a license, permit, or other compliance with the requirements of the legislation of the Republic of Kazakhstan, or inability to confirm such compliance, shall not apply unless otherwise provided by the regulatory legal acts of the administration.
4. Requirements for local content of goods, works, and services produced (performed, rendered) by Alatau residents, as well as other measures aimed at localizing goods, works, and services in the City of Alatau, including for the purposes of their circulation in another territory of the Republic of Kazakhstan, shall be regulated by the regulatory legal acts of the administration. Such requirements shall be established exclusively in the case of granting tax preferences for specific investment projects and shall be recognized equally throughout the territory of the Republic of Kazakhstan.
Article 44. Tax regime of the City of Alatau
1. The tax regime of the City of Alatau shall be based on the Constitution of the Republic of Kazakhstan and shall be determined by the legislation on the special legal regime, as well as by the Tax Code of the Republic of Kazakhstan, which shall apply to the extent provided for by the regulatory legal acts of the administration based on a decision of the Council.
2. The tax regime of the City of Alatau shall be based on the types of taxes and other mandatory budget payments established by the legislation of the Republic of Kazakhstan, taking into account the specific features provided for by the legislation of the City of Alatau.
In the City of Alatau, by decision of the Council, tax rates and other mandatory budget payments may be changed, the procedure for their calculation may be altered, and tax benefits and tax preferences may be provided in respect of Alatau residents.
3. Tax preferences shall be established for a period not exceeding thirty years exclusively for the purposes of implementing the long-term plan, the master plan, and the development strategy, as well as the tasks of the special legal regime.
An Alatau resident and its related parties shall not be entitled to apply tax preferences provided for by other regulatory legal acts of the Republic of Kazakhstan in respect of income (profit) to which tax preferences apply under this Constitutional Law.
For the purpose of implementing the principle of financial sustainability provided for by Article 15 of this Constitutional Law, tax preferences shall not apply to:
1) transactions of an Alatau resident with related parties if such transactions result in a reduction of tax liabilities in respect of the same type of activity carried out in another territory of the Republic of Kazakhstan;
2) transfer to the City of Alatau from another territory of the Republic of Kazakhstan of production, technological, sales, marketing, distribution, or other core business functions if such transfer results in a reduction of tax liabilities in respect of activities carried out in another territory of the Republic of Kazakhstan;
3) income of an Alatau resident received from direct or indirect ownership and/or management of shares (participation interests) in legal entities registered in another territory of the Republic of Kazakhstan (holding activity);
4) income of an Alatau resident received from ownership and/or management of intangible assets if such assets are not created and used or are not commercialized in the territory of the City of Alatau.
5) income of an Alatau resident from the sale of goods (trading activity), works, and services, if the primary business of their production, performance, or provision is actually carried out outside the territory of the City of Alatau in another territory of the Republic of Kazakhstan;
6) other income and/or types of activity determined by the regulatory legal acts of the administration taking into account the recommendations of the authorized body in the field of tax policy of the Republic of Kazakhstan.
The basic rules for the application of tax preferences provided for by part three of this paragraph shall be implemented by the administration within the framework of a regulatory legal act adopted by the administration based on a decision of the Council in accordance with paragraph 8 of this Article.
The procedure for implementing the provisions of part three of this paragraph in relation to related parties of an Alatau resident carrying out activities and registered outside the City of Alatau in another territory of the Republic of Kazakhstan shall be determined by the state body ensuring the receipt of taxes and other mandatory payments into the budget, in the manner provided for by paragraph 3 of Article 27 of this Constitutional Law.
4. For an investment project implemented in a priority sector of the City of Alatau by a legal entity — an Alatau resident — in accordance with a business license, stability of the tax regime in respect of the relevant activity shall be guaranteed for a period of ten years from the date of issuance of the business license. Such stability of the tax regime shall provide for the non-application of new taxes and other mandatory payments, the increase of tax rates and other mandatory payments, as well as changes in the procedure for their calculation resulting in an increase in tax liabilities under such investment project.
In the event of changes in the legislation of the Republic of Kazakhstan that restrict or cancel the application of a previously granted tax preference, an Alatau resident shall have the right to continue applying such tax preference on the terms and for the full period of its validity provided for by the relevant business license.
5. The provisions of paragraph 4 of this Article shall not apply to changes in the legislation of the City of Alatau concerning taxes and other mandatory payments established by the legislation of the City of Alatau for the purposes of environmental protection, urban development, protection of human life and health, and fulfillment of the international obligations of the Republic of Kazakhstan.
The application of such changes in the legislation of the City of Alatau shall be carried out exclusively on the basis of a reasoned administrative act of the administration adopted in respect of a specific investment project, with the mandatory provision of a transition period of not less than three years from the date of dispatch of the said administrative act.
6. Termination or suspension of the application of the tax regime stability in force on the date of issuance of the business license for an investment project shall also be permitted in the event of a material breach of the terms of the business license and implementation of the investment project, exclusively on the basis of a reasoned administrative act of the administration adopted in respect of a specific Alatau resident.
7. Tax preferences may provide for full or partial exemption and may apply to the following types of taxes and budget payments:
1) corporate income tax, including:
corporate income tax withheld at source from non-resident income in the form of interest and royalties, taking into account international initiatives and the provisions of international treaties ratified by the Republic of Kazakhstan;
corporate income tax on non-resident income in the form of dividends from income distributed by an Alatau resident. In the event of reinvestment of capital into activities subject to business licensing, preferences may be granted in the form of preferential terms for the provision of land plots, offsetting of tax liabilities, and other measures;
2) individual income tax:
on income of foreign workers who are highly qualified specialists, received under employment contracts with Alatau residents, if such foreign workers are recognized as tax residents of the Republic of Kazakhstan;
on income of a person who is not a tax resident of the Republic of Kazakhstan (hereinafter in this Article — a non-resident) in the form of dividends from income distributed by an Alatau resident;
on income in the form of capital gains, property income of individuals, as well as income of individuals from secured digital assets, determined by the regulatory legal acts of the administration based on a decision of the Council;
3) social tax on employer expenses paid in the form of income to employees of Alatau residents;
4) value-added tax:
on the import of goods determined by the regulatory legal acts of the administration based on a decision of the Council;
on turnover from the acquisition of works and services from a non-resident determined by the regulatory legal acts of the administration based on a decision of the Council;
5) property tax on taxable objects located in the territory of the City of Alatau;
6) land tax or payment for the use of land plots on taxable objects located in the territory of the City of Alatau;
7) other taxes and mandatory budget payments in an amount not exceeding, in aggregate, ten percent of the value of the investment project.
The conditions for granting a tax preference exceeding this limit shall be approved by a decision of the President of the Republic of Kazakhstan.
Tax preferences may provide for a change in the tax rate, the taxable object, and the granting of additional deductions and adjustments to the taxable base, provided that the conditions established by this Article are met.
Tax preferences for corporate income tax or individual income tax shall not apply to income in the form of constructive dividends received from an Alatau resident.
A tax preference for corporate income tax may apply to the following types of income of an Alatau resident:
1) income from the sale of goods, works, and services that are the result of an activity subject to business licensing;
2) income from the excess of the amount of positive exchange rate differences over the amount of negative exchange rate differences;
3) interest on deposits from funds placed within the framework of the implementation of an investment project;
4) other income and types of income, if they do not exceed ten percent of the aggregate annual income for the tax period.
The sale in the territory of the City of Alatau of goods placed under the customs procedure of a free customs zone, from the list of goods determined by the regulatory legal acts of the administration based on a decision of the Council, may be subject to value-added tax at a zero rate.
8. The conditions for granting, adjusting, and canceling tax preferences within the tax regime in the City of Alatau shall be established by a regulatory legal act of the administration based on a decision of the Council, taking into account the provisions of international initiatives and international treaties ratified by the Republic of Kazakhstan.
The system of tax preferences in the City of Alatau shall be categorized on the basis of the following guiding criteria, applied cumulatively to the activities of Alatau residents:
1) compliance with the strategic documents of the City of Alatau;
2) priority of the economic sector of the City of Alatau;
3) export orientation and innovativeness;
4) environmental friendliness;
5) financial, economic, social, and other key indicators of investment projects.
Tax preferences shall be granted, monitored, adjusted, and canceled by the administration in the course of business licensing in the procedure determined by it.
At the request of the administration, legal entities and individuals shall provide information regarding:
1) taxes applicable in any other foreign jurisdiction to income received (or to be received) from sources in the City of Alatau;
2) all related persons, including a functional analysis of such related persons, and their tax liabilities in the territory of the Republic of Kazakhstan for the limitation period;
3) other matters determined by the regulatory legal acts of the administration based on a decision of the Council.
In the event of a change in the legislation of such jurisdiction resulting in an increase in the amount of taxes levied due to the application of tax preferences in the City of Alatau, the administration shall have the right to revise the payment of taxes to the budget of the City of Alatau by changing the applied tax preferences in an amount comparable to the amount of such increase.
9. An Alatau resident must comply with the conditions for granting tax preferences in each tax period during which such preference applies. The acts of the administration shall establish the time limits for remedying a violation of the conditions for granting a tax preference and/or enforcement measures.
10. The application of tax preferences shall be prohibited in respect of the following types of activity:
1) activities related to the circulation of narcotic drugs, psychotropic substances, their analogues, and precursors, except where they are used for scientific research and/or medical purposes, respectively, in organizations of higher and/or postgraduate education, scientific organizations, and medical organizations;
2) production and/or wholesale sale of excisable goods;
3) lottery operations;
4) activities related to the circulation of radioactive materials, except where they are used for scientific research and/or medical purposes, respectively, in organizations of higher and/or postgraduate education, scientific organizations, and medical organizations;
5) other types of activity provided for by the regulatory legal acts of the administration based on a decision of the Council.
11. An Alatau resident applying tax preferences shall maintain separate tax accounting of taxable objects and/or objects related to taxation for the purpose of calculating tax liabilities for the types of activity to which tax preferences apply and which are subject to the general tax regime in the City of Alatau. The rules for separate accounting shall be established by the regulatory legal acts of the administration based on a decision of the Council.
12. An Alatau resident intending to enter into a transaction in the course of carrying out its activities in the City of Alatau (hereinafter — the planned transaction) shall have the right to apply to the administration for a preliminary review of the planned transaction and an official position of the administration regarding the application of the legislation on the special legal regime in the part concerning the tax regime in the City of Alatau and the tax legislation of the Republic of Kazakhstan to the planned transaction (hereinafter — a tax ruling), and the administration shall issue the relevant tax ruling in the manner and within the time limits established by the regulatory legal act of the administration.
If an Alatau resident has fully and accurately disclosed all aspects of the transaction relevant to the issuance of the tax ruling, and the transaction was carried out in accordance with such aspects, then such tax ruling may not be changed by the administration during or after the execution of the said transaction and shall be binding for application and execution by the administration, the bodies of the administration, and/or other state bodies of the Republic of Kazakhstan, including state revenue bodies, in relation to the said Alatau resident and transaction.
Tax rulings shall be provided for a fee established by the administration.
13. The administration, by decision of the Council and provided that the fundamental principles and norms established by this Constitutional Law concerning the establishment or cancellation of mandatory payments to the administration’s budget are complied with, shall have the right to adopt regulatory legal acts establishing or canceling certain types of mandatory payments to the administration’s budget not provided for by the legislative acts of the Republic of Kazakhstan, determining their rates, procedure, as well as the time limits for calculation and payment, including:
1) fees for state and other services or actions of the administration or the bodies of the administration;
2) infrastructure fee;
3) utilization payment;
4) fee for a tax ruling;
5) other types of payments.
14. Regulatory legal acts of the administration based on a decision of the Council may establish a different procedure for applying the provisions of an international treaty of the Republic of Kazakhstan concerning taxation matters, if the relevant procedure established by other regulatory legal acts of the Republic of Kazakhstan restricts the granting of benefits that correspond to the purposes and objectives of the provisions of such international treaty.
15. When carrying out activities in the territory of the City of Alatau in accordance with this Constitutional Law, the administration and the bodies of the administration shall be exempt from paying corporate income tax, property tax, and land tax on objects located in the territory of the City of Alatau, as well as other taxes and mandatory budget payments not paid by state bodies in the Republic of Kazakhstan.
Foreign employees of the administration or the bodies of the administration shall be exempt from paying individual income tax on income from activities in the City of Alatau under the relevant employment contracts with the administration or the body of the administration until the period determined by a regulatory legal act of the administration based on a decision of the Council.
16. The receipt by the administration or the bodies of the administration of funds in accordance with this Constitutional Law, including budget funds from the budgets of the Republic of Kazakhstan, fees for services rendered to Alatau residents, and other payments established by the regulatory legal acts of the administration, shall not constitute turnover subject to value-added tax.
Works performed and services rendered by a non-resident for consideration, the place of supply of which is recognized as the Republic of Kazakhstan, shall not constitute turnover from the acquisition of works and services from a non-resident if the works were performed and the services were rendered to the administration or the bodies of the administration in the course of their activities in the territory of the City of Alatau in accordance with this Constitutional Law.
17. Tax administration in the City of Alatau shall be based on the Tax Code of the Republic of Kazakhstan, taking into account the specific features established by the regulatory legal acts of the administration.
For the purposes of tax administration, as well as the performance of functions provided for by the regulatory legal acts of the administration, state revenue authorities shall provide the administration and the bodies of the administration with information on taxpayers, including information constituting tax secrecy under the tax legislation of the Republic of Kazakhstan.
Interaction of state revenue authorities with the administration, the bodies of the administration, and Alatau residents on taxation matters in the City of Alatau shall be determined by the regulatory legal acts of the administration.
Article 45. Customs regime in the City of Alatau
1. For the purposes of customs and tax regulation, the City of Alatau shall operate for fifty years from the date of entry into force of this Article under the regime of a special economic zone, and therefore:
1) the boundaries and area of the territory of the City of Alatau shall be the boundaries and area of the said special economic zone;
2) legal entities — Alatau residents — shall simultaneously be residents of the special economic zone and shall be subject to inclusion in the register of residents of the special economic zone on the basis of a license issued by the administration and recognized for these purposes as an agreement on carrying out activities in the territory of the special economic zone;
3) the maintenance of the register of residents of the special economic zone for customs regulation purposes shall be carried out by the administration;
4) the administration shall have the right to exercise the functions and powers of customs and tax authorities in the City of Alatau;
5) information on legal entities — Alatau residents — included in the register of residents of the special economic zone shall be submitted by the administration to the central executive body exercising state regulation in the sphere of establishment, functioning, and abolition of special economic and industrial zones, within the framework of integration with the relevant database, for the purpose of subsequent submission of information on legal entities — Alatau residents — in accordance with the customs legislation of the Eurasian Economic Union (hereinafter — the EAEU customs legislation), as well as the customs legislation of the Republic of Kazakhstan, unless otherwise provided by the legislation of the City of Alatau;
6) the customs procedure of a free customs zone and other customs procedures, as well as customs operations, shall apply in the territory of the City of Alatau in accordance with the EAEU customs legislation and the customs legislation of the Republic of Kazakhstan, unless otherwise provided by the legislation of the City of Alatau;
7) the bodies of the City of Alatau shall have the right, taking into account the EAEU customs legislation, to adopt relevant acts of the legislation of the City of Alatau regulating the requirements and specific features of the application of customs procedures and customs operations in the territory of the City of Alatau;
8) the import of goods into the territory of the City of Alatau and the export of goods from the territory of the City of Alatau for the purpose of placing them under customs procedures shall be carried out in the procedure determined by the administration.
2. Goods intended for placement and/or use by residents of the special economic zone in the territory of the City of Alatau for the purpose of carrying out entrepreneurial activity in accordance with a license issued by the administration shall be placed under the customs procedure of a free customs zone.
3. In the territory of the City of Alatau, goods placed under the customs procedure of a free customs zone, as well as goods of the Eurasian Economic Union not placed under the customs procedure of a free customs zone, and foreign goods placed under other customs procedures, may be placed and used in accordance with the EAEU customs legislation and the regulatory legal acts of the administration, as well as the customs legislation of the Republic of Kazakhstan, unless otherwise provided by the acts of the legislation of the City of Alatau.
4. Upon export of goods from the territory of the City of Alatau, the customs procedure of a free customs zone shall be terminated by placing the goods under customs procedures provided for by the EAEU customs legislation, as well as the customs legislation of the Republic of Kazakhstan, unless otherwise provided by the acts of the legislation of the City of Alatau.
5. The procedure for customs control, the technologies (instructions) applied, the forms of customs control and/or the measures ensuring customs control, insofar as they are not regulated by the EAEU customs legislation, shall be determined by the regulatory legal acts of the administration.
6. Requirements for the arrangement of customs control zones in the City of Alatau, including requirements for fencing and equipping the perimeter of such territory with a video surveillance system, ensuring access control, as well as determining the procedure for access of persons to such territory, shall be determined by the regulatory legal acts of the administration.
Article 46. Performance of monetary obligations, currency regulation, and currency control
1. Currency regulation and currency control in the City of Alatau shall be carried out by a regulatory legal act of the administration based on a decision of the Council, coordinated with the National Bank of the Republic of Kazakhstan.
2. Currency regulation and currency control in the City of Alatau shall be applied in accordance with the following basic rules guaranteed by the Republic of Kazakhstan:
1) prevention of unjustified interference by state bodies of the Republic of Kazakhstan in currency transactions of investors and Alatau residents;
2) freedom for Alatau residents to open accounts in national and/or foreign currency in authorized banks and/or foreign banks;
3) the possibility of carrying out currency transactions between legal entities — Alatau residents, as well as between legal entities — Alatau residents and non-residents of the Republic of Kazakhstan, in national and/or foreign currency in cases and in the manner determined by a regulatory legal act of the administration coordinated with the National Bank of the Republic of Kazakhstan;
4) the possibility of obtaining loans by legal entities — Alatau residents — from residents and/or non-residents of the Republic of Kazakhstan in foreign currency;
5) the possibility of settlements under contracts in foreign currency;
6) purchase and/or sale of foreign currency at the market exchange rate in authorized banks and/or foreign banks;
7) freedom of capital movement for the purpose of carrying out activities and implementing investment projects in the City of Alatau, including the contribution of capital in any foreign currency without restriction, as well as the use of financial instruments and/or freely convertible currency;
8) absence of restrictions on payments and money transfers by Alatau residents under currency contracts related to capital movement transactions, except for restrictions expressly provided for by the legislation of the Republic of Kazakhstan on combating the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction;
9) ensuring by the National Bank of the Republic of Kazakhstan, jointly with authorized banks, the recording of payments and/or money transfers under currency transactions of Alatau residents carried out in connection with activities in the territory of the City of Alatau, within ten working days upon exceeding the payment and/or transfer threshold established by a regulatory legal act of the administration.
10) the possibility of hedging currency risks by categories of Alatau residents determined by the administration;
11) free repatriation of income (profit) from activities in the City of Alatau after payment of taxes and other mandatory budget payments provided for by this Constitutional Law and the regulatory legal acts of the administration.
3. For the purpose of assisting the administration in carrying out the tasks of the special legal regime and implementing the “single window” principle, the National Bank of the Republic of Kazakhstan shall ensure the establishment of a territorial subdivision in the City of Alatau and the integration of its activities with the functions of the administration within one year from the date of entry into force of this Constitutional Law.
The employees of the said subdivision shall be employees of the National Bank of the Republic of Kazakhstan. The material, technical, and other support for the activities of the said subdivision shall be provided by the National Bank of the Republic of Kazakhstan.
The procedure for interaction and integration of the activities of the territorial subdivision of the National Bank of the Republic of Kazakhstan with the activities of the administration shall be determined by a regulatory legal act of the administration in agreement with the National Bank of the Republic of Kazakhstan.
Article 47. Regulation of digital assets
1. The concept, issuance, and circulation of digital assets in the City of Alatau shall be regulated by a regulatory legal act of the administration adopted by decision of the Council and in agreement with the National Bank of the Republic of Kazakhstan and the authorized body for the regulation, control, and supervision of the financial market and financial organizations.
2. Regulation of the issuance and circulation of digital assets in the City of Alatau shall be carried out, inter alia, in compliance with the principle of financial stability and by establishing requirements for combating the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction.
Article 48. Legal regime in the field of environmental protection in the City of Alatau
1.The administration shall have the right, by decision of the Council and based on the purpose of the special legal regime, to achieve the goals of sustainable development, improve quality of life and develop an innovative economy, enhance management efficiency, and carry out administrative procedures, to adopt regulatory legal acts in the field of environmental protection concerning the specific features of regulation of the relevant relations arising in the territory of the City of Alatau and its suburban zone.
2. The requirements of the environmental legislation of the Republic of Kazakhstan shall apply in the territory of the City of Alatau and its suburban zone to the extent that they do not contradict this Constitutional Law and the acts of the legislation of the City of Alatau in the field of environmental protection.
3. The regulatory legal acts of the administration in the field of environmental protection shall ensure a higher level of environmental protection compared to the requirements of the Environmental Code of the Republic of Kazakhstan.
4. The regulatory legal acts of the administration may establish the following environmental requirements in the territory of the City of Alatau and its suburban zone:
1) requirements for the operation of vehicles and other mobile sources in accordance with criteria and time limits determined by the administration, including prohibitions, restrictions on their entry into the City of Alatau or its designated functional zones, or the imposition of a separate environmental fee payable to the administration’s budget;
2) requirements for the operation of stationary sources in accordance with criteria and time limits determined by the administration, including prohibitions, restrictions on their operation in the City of Alatau or its designated functional zones, or the imposition of a separate environmental fee payable to the administration’s budget;
3) requirements for the introduction of a deposit-return system for polymer, glass, paper, and/or cardboard packaging, as well as other requirements for the implementation of extended producer (importer) obligations;
4) additional waste management requirements aimed at encouraging waste prevention, preparation for reuse, recycling, and/or disposal;
5) introduction of a ban on waste disposal;
6) introduction of increasing coefficients to rates of payment for negative environmental impact;
7) introduction of increasing coefficients to rates of fines for administrative offenses in the field of environmental protection and use of natural resources;
8) other environmental protection requirements.
5. The administration and the bodies of the administration shall organize the development and implementation of environmental protection measures in the territory of the City of Alatau, including those aimed at fostering a high environmental culture and developing environmental education.
6. Separate collection of municipal waste shall be ensured in the City of Alatau. Requirements for the separate collection of municipal waste, including the types or groups (sets of types) of waste subject to mandatory separate collection, shall be determined by a regulatory legal act of the administration. From 1 January 2035, the generation of mixed municipal waste in the City of Alatau shall not be permitted.
The administration shall have the right to initiate and implement waste processing, energy recovery, and other waste utilization projects, including through public-private partnership mechanisms.
7. In the City of Alatau, the use of continuous monitoring systems for emissions and environmental quality shall be mandatory in accordance with the regulatory legal acts of the administration.
8. The administration shall annually establish the maximum permissible aggregate volume of emissions for the entire territory of the City of Alatau and its suburban zone, which shall serve as the basis for issuing the relevant permits.
9. The implementation of permitting procedures in the field of environmental protection shall be carried out on a paid basis at tariffs approved by the administration.
10. The amounts of payments for the implementation of permitting procedures, payments for negative environmental impact, fines for administrative offenses in the field of environmental protection and use of natural resources, and environmental fees collected in the territory of the City of Alatau in accordance with decisions of the administration shall be allocated to environmental protection measures, as well as to the material and technical support of the administration’s subdivisions performing the functions of central and/or local executive bodies in the field of environmental protection, for the purposes of monitoring, operation of laboratories, and scientific, technical, and expert support of their activities.
Article 49. Use of subsoil in the territory and suburban zone of the City of Alatau
The following shall be prohibited in the territory and suburban zone of the City of Alatau:
1) the use of subsoil space for the placement and/or operation of underground facilities or structures for the storage or disposal of any types of solid, liquid, and radioactive waste, harmful and toxic substances, and for the discharge (injection) of wastewater, industrial water, and technical water into the subsoil;
2) the injection of water into the subsoil for the artificial replenishment of groundwater reserves, including the construction and/or operation of underground facilities intended for these purposes;
3) the exploration and extraction of mineral resources.
Permissible methods of subsoil use in the territory and suburban zone of the City of Alatau for the purposes of constructing buildings and structures and developing the city’s infrastructure shall be established by a regulatory legal act of the administration based on a decision of the Council.
Article 50. Conduct of activities in the financial sector in the territory of the City of Alatau
1. Financial organizations of the Republic of Kazakhstan and participants of the Astana International Financial Centre that provide financial services in accordance with the laws of the Republic of Kazakhstan without establishing branches and without organizing their primary business in the territory of the City of Alatau shall not be recognized as Alatau residents.
2. Banking activity, the activity of organizations carrying out certain types of banking operations, insurance (reinsurance) activity, and other financial activity may be carried out for the purpose of serving persons in the City of Alatau by financial organizations in accordance with the legislation of the Republic of Kazakhstan, except for transactions regulated in accordance with this Constitutional Law and the regulatory legal acts of the administration.
Branches of the said organizations in the territory of the City of Alatau shall be opened on the basis of, and subject to, a regulatory permit issued by the administration.
3. The provision of financial services and transactions regulated by the regulatory legal acts of the administration, including currency transactions and transactions with digital assets, shall be permitted exclusively by legal entities — Alatau residents — under the relevant regulatory license or separate regulatory permit of the administration. The said regulatory legal acts of the administration shall be subject to agreement with the National Bank of the Republic of Kazakhstan and/or the authorized body for the regulation, control, and supervision of the financial market and financial organizations.
4. Financial organizations of the Republic of Kazakhstan and participants of the Astana International Financial Centre that provide financial services, as well as foreign financial organizations, shall have the right to establish subsidiary financial and other organizations in the territory of the City of Alatau as Alatau residents.
The conditions and procedure for the establishment and acquisition of such organizations in the City of Alatau shall be determined by the regulatory legal acts of the administration:
1) in agreement with the National Bank of the Republic of Kazakhstan and the authorized body for the regulation, control, and supervision of the financial market and financial organizations — for financial organizations of the Republic of Kazakhstan and foreign financial organizations;
2) in agreement with the Committee for the Regulation of Financial Services of the Astana International Financial Centre — for participants of the Astana International Financial Centre.
5. For the purpose of attracting investment into real estate and infrastructure located in the City of Alatau or supporting its development, the regulatory legal acts of the administration may determine specific features of the establishment and operation of real estate investment funds and other forms of collective investment.
Article 51. Digital interaction and provision of services in the City of Alatau
1. Residence or activity in the territory of the City of Alatau shall not entail any restriction on the rights of individuals and legal entities to receive public services in the manner and on the conditions established by the legislation of the Republic of Kazakhstan.
2. Individuals and legal entities located in the territory of the City of Alatau shall have the right to receive public services in the manner established by the legislation of the Republic of Kazakhstan, including through the digital objects of the Republic of Kazakhstan.
3. Services of the administration and procedures related to the conduct of activities in the territory of the City of Alatau, including assignment, change, and termination of residency, business licensing, regulatory licensing, permitting, and other procedures within the competence of the administration, shall be provided through the digital objects of the administration. Services of the administration may also be provided through state digital objects of the Republic of Kazakhstan.
4. The digital objects of the administration shall be integrated with the state digital objects of the Republic of Kazakhstan for the purposes of data exchange and the provision of services in electronic form, subject to the requirements for the protection of legally protected secrets and the requirements of the legislation of the Republic of Kazakhstan on cybersecurity.
5. Electronic digital signatures permitted for use in accordance with the legislation of the Republic of Kazakhstan shall be recognized in the City of Alatau.
6. For the purpose of ensuring cross-border electronic interaction with Alatau residents, the regulatory legal acts of the administration may recognize electronic digital signatures issued by accredited certification centers of foreign states.
The list of foreign certification centers whose electronic digital signatures are permitted for use in the City of Alatau, as well as the procedure for their recognition and use, and the requirements for the relevant means of electronic identification and signature verification, shall be determined by a regulatory legal act of the administration.
Article 52. Digital objects and digital data of the City of Alatau
1. The administration shall have the right to create, develop, and operate digital objects of the City of Alatau.
2. The digital objects of the administration shall be intended to ensure the activities of the administration, the functioning of the special legal regime, and the formation, processing, storage, use, and exchange of data.
3. Digital data generated as a result of activities in the territory of the City of Alatau, the functioning of the digital objects of the administration, as well as the operation of urban infrastructure and the provision of services in the City of Alatau, may be used by the administration and other persons in the manner established by the regulatory legal acts of the administration for city management, development of urban infrastructure, improvement of service delivery efficiency, analytics, scientific research, and the implementation of technological solutions.
4. The procedure for the formation, use, provision, anonymization, protection, and exchange of digital data, as well as the procedure for the formation and use of the digital objects of the administration, shall be determined by the regulatory legal acts of the administration.
Article 53. Digital records in the City of Alatau
1. A digital record shall be recognized as a legally significant form of certifying information on rights, obligations, and other legal facts in the City of Alatau arising, changing, or terminating in accordance with the regulatory legal acts of the administration.
2. Digital records shall not alter the legal nature of the relevant property rights, or the grounds for their creation, transfer, restriction, or termination. Digital records shall be recognized as evidence of the existence of rights, obligations, and other legal facts, unless otherwise provided by this Constitutional Law and the acts of the administration.
3. The use of digital records certifying information on rights, obligations, and other legal facts in the City of Alatau shall be permitted provided that the reliability of the information, proper identification of participants, traceability of actions, data protection, and cybersecurity are ensured.
4. The requirements for the creation, maintenance, use, storage, protection, and verification of digital records certifying information on rights, obligations, and other legal facts in the City of Alatau, as well as the procedure for their functioning, shall be determined by the regulatory legal acts of the administration.
Article 54. Experimental legal regimes
1. For the purposes of developing, testing, and implementing technological and other innovations, the administration shall have the right to establish experimental legal regimes in the territory of the City of Alatau. When establishing experimental legal regimes, the zones of their application, duration, and other limitations shall be determined.
2. Experimental legal regimes shall provide for the testing and application of innovative technologies and technological infrastructure, including solutions in the fields of communications, sensor and digital networks, the Internet of Things, artificial intelligence, unmanned and innovative vehicles, robotic systems, and other technologies.
3. Experimental legal regimes shall be established on the initiative of the administration or upon proposals from Alatau residents.
4. The specific features of the establishment and application of experimental legal regimes shall be determined by the regulatory legal acts of the administration.
5. The results of the application of experimental legal regimes and tested technologies may be used for the subsequent improvement of the legislation of the Republic of Kazakhstan.
Article 55. Legal regime of the activities of non-state educational organizations in the City of Alatau
1. In the territory of the City of Alatau, educational activity of non-state educational organizations shall be carried out exclusively in accordance with a business license and/or a regulatory license on the basis of standards, educational programs, certificates, and/or accreditations applied in countries with high-quality infrastructure.
2. Educational activity under this Article may be carried out, inter alia, at the following levels of education:
1) primary school, including preschool upbringing and education;
2) basic school;
3) senior school;
4) post-secondary education;
5) higher education;
6) postgraduate education.
3. Unless otherwise specified in the business license and/or regulatory license of non-state educational organizations, the latter shall be independent, in accordance with their charters and/or internal documents, in:
1) the development, implementation, and use of technological innovations in the field of education;
2) the development and selection of educational programs, organization of educational activity, and forms and methods of carrying out educational activity;
3) the conduct and directions of scientific research, scientific and/or scientific-technical activity not prohibited by the regulatory legal acts of the administration, including the use of and for the purposes of developing narcotic drugs, psychotropic substances, their analogues, and precursors;
4) participation in the practical application (commercialization) of the results of scientific and/or scientific-technical activity;
5) the directions and list of extracurricular activities;
6) financial, economic, and administrative management and decision-making;
7) organization of educational activity, quality management of education and educational monitoring, admission to study, current performance assessment, interim and final assessment of students, development of rules for staff professional development, their attestation, and the frequency of such attestation;
8) awarding educational grants and scholarships, their amounts, and conditions for granting;
9) management of educational grant and scholarship funds, including awarding, deprivation, and redistribution;
10) carrying out scientific and/or scientific-technical activity and scientific research from sources of financing not prohibited by the regulatory legal acts of the administration;
11) determining the forms of documents on the relevant level of education and/or qualification of persons who have completed training under the educational programs implemented by them and passed final assessment.
4. The engagement by non-state educational organizations of foreign workers as managers and specialists with higher education shall not require permits for the attraction of foreign labor in the number and for the positions determined by the administration during business licensing.
5. Documents on the relevant level of education and/or qualification issued by non-state educational organizations shall confer on their holders the rights provided for holders of state-standard education documents.
6. State attestation and other procedures in the field of education in respect of non-state educational organizations and their employees shall not be conducted, except for business licensing and/or regulatory licensing procedures and other procedures that may be determined by the administration.
Article 56. Legal regime of the activities of non-state medical organizations in the City of Alatau
1. In the territory of the City of Alatau, medical activity, medical care, and related activities of non-state medical organizations shall be carried out exclusively in accordance with a business license and/or a regulatory license on the basis of standards, programs, certificates, and/or accreditations applied in countries with high-quality infrastructure.
2. Unless otherwise specified in business licensing and/or regulatory licensing of the activities of non-state medical organizations, the latter shall be independent, in accordance with their charters and/or internal documents, in:
1) the development, implementation, and use of biological technologies and technological innovations in the field of healthcare;
2) financial, economic, and administrative management and decision-making;
3) carrying out educational activity in the field of healthcare on the terms of business licensing and/or regulatory licensing;
4) applying innovative medical technologies, methods, approaches, standards, protocols, medicines, medicinal products, medical devices, and medical equipment certified and permitted in countries with high-quality infrastructure;
5) developing and applying standards, but not below the level of standards for the provision of medical care provided for by the legislation of the Republic of Kazakhstan in the field of healthcare, as well as similar standards for the organization of the provision of medical care and services applied in countries with high-quality infrastructure;
6) determining tariffs and the cost of medical and other related services rendered, including at the expense of voluntary medical insurance funds, employer funds, and other sources of paid medical services formation not prohibited by the legislation of the City of Alatau.
3. A document granting the right to engage in medical practice, or certifying a qualification category obtained abroad by specialists invited to carry out professional medical activity in a non-state medical organization, shall be deemed equivalent to a specialist certificate in the field of healthcare without assignment of a category, valid in the territory of the City of Alatau.
4. Non-state medical organizations shall be prohibited from carrying out forensic expert activity, including forensic medical, forensic narcological, and forensic psychiatric examinations.
5. The engagement by non-state medical organizations of foreign workers as managers and specialists for the purpose of carrying out professional medical activity shall be carried out without obtaining permits for the attraction of foreign labor in the number and for the positions determined by the administration during business licensing and/or regulatory licensing.
6. The possibility of using narcotic drugs, psychotropic substances, their analogues, and precursors by non-state medical organizations must be expressly provided for in the business license issued.
Such use shall be carried out in accordance with the legislation of the Republic of Kazakhstan in the field of circulation of narcotic drugs, psychotropic substances, their analogues, and precursors.
Article 57. Innovative urban mobility
1. The introduction of piloted and unmanned innovative aircraft and other apparatus into the transport system of the City of Alatau shall be carried out based on the results of their mandatory testing within the framework of an experimental legal regime established by the regulatory legal acts of the administration based on a decision of the Council.
2. For the purpose of improving urban mobility through the use of airspace for transport and logistics solutions, a special airspace zone up to an altitude of three thousand meters above the land or water surface shall operate within the City of Alatau.
3. The use of the said airspace zone and the necessary infrastructure, including the establishment of routes and corridors for air mobility by piloted and unmanned innovative aircraft intended for the transportation of people, cargo, and other purposes, as well as the provision of aeronautical services and infrastructure, shall be regulated by the regulatory legal acts of the administration.
Article 58. Creative industry in the City of Alatau
1. The creation, production, reproduction, and mass distribution of the results of creative activity as primary business in the City of Alatau shall be regulated by the regulatory legal acts of the administration.
2. The administration shall maintain a register of intellectual property objects created in the City of Alatau, including through the use of blockchain technologies for recording in the blockchain network the right to an intellectual property object or its transfer.
Article 59. Gambling activity in the City of Alatau
1. Activities related to the organization and conduct of tournaments and competitions with prize funds, gambling, and/or betting in the City of Alatau shall be carried out upon the availability of a regulatory license and/or regulatory permit in accordance with the regulatory legal acts of the administration.
2. Activities related to the organization and conduct of tournaments and competitions with prize funds, gambling, and/or betting in the City of Alatau shall be permitted exclusively within a specially designated zone in accordance with the master plan and development strategy.
3. Citizens of the Republic of Kazakhstan under the age of twenty-one, state officials of the Republic of Kazakhstan, employees of the City of Alatau, deputies of the Kurultai of the Republic of Kazakhstan and maslikhats of the Republic of Kazakhstan, military personnel, employees of special state bodies, employees and staff of law enforcement agencies, employees of the National Bank of the Republic of Kazakhstan and its agencies, the authorized body for the regulation, control, and supervision of the financial market and financial organizations, as well as persons restricted by a court in legal capacity or who have self-restricted themselves from participation in gambling and/or betting, and other persons whose prohibition from participation in gambling and/or betting is established by the laws of the Republic of Kazakhstan or the regulatory legal acts of the administration, shall be prohibited in the territory of the City of Alatau from visiting places where gambling and/or betting is organized and conducted, as well as from participating in them in any form.
The provisions of part one of this paragraph, insofar as they prohibit visiting places where gambling and/or betting is organized and conducted, shall not apply in cases where such persons carry out state control and supervision or other powers provided for by the legislation of the Republic of Kazakhstan or the regulatory legal acts of the administration.
4. Regulation by the regulatory legal acts of the administration of activities related to the organization and conduct of gambling and/or betting in the City of Alatau shall be carried out with compliance with and implementation of requirements for combating the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction.
Article 60. Regulation of labor relations in the City of Alatau and the attraction of foreign workers
1. Regulation of labor relations in the City of Alatau and other relations directly related to labor, including issues of social partnership, requirements for the conclusion of employment contracts, and other requirements for employees and employers, shall be determined by the regulatory legal acts of the administration.
2. The legislation of the City of Alatau may provide for specific features of the attraction of foreign labor, including:
1) quotas for foreign labor;
2) search in the domestic labor market;
3) local content requirements in personnel.
3. For categories of Alatau residents determined by a regulatory legal act of the administration, the attraction of qualified foreign workers shall be carried out according to the list of professions in accordance with the requirements of the administration without obtaining permits for the attraction of foreign labor.
4. The regulatory legal acts of the administration shall establish the legal consequences for an employer in the event of a violation by the foreign workers attracted by them of the rules of stay in the Republic of Kazakhstan.
5. The administration shall maintain records of foreign workers attracted in the City of Alatau. Information about them shall be submitted to the authorized body on migration matters in the manner determined by a regulatory legal act of the administration.
Article 61. Migration regime for foreign citizens and stateless persons
1. Foreign citizens and stateless persons arriving in the territory of the Republic of Kazakhstan to carry out activities in the city of Alatau may arrive either under a visa-free regime or with a visa.
2. The issuance, cancellation, restoration, and shortening of the validity period of visas and temporary residence permits for foreign citizens and stateless persons shall be carried out on the basis of a request from Alatau residents and/or the city authorities of Alatau.
3. The extension of the validity period of visas and temporary residence permits for persons specified in paragraphs 1 and 2 of this article who are lawfully present may be carried out, upon request of Alatau residents, without leaving the territory of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan.
Foreign citizens and stateless persons arriving in the territory of the Republic of Kazakhstan on multiple-entry visas to provide consulting services to the authorities of the city of Alatau and who are lawfully present shall have the right to stay continuously in the Republic of Kazakhstan for the duration of their valid visas.
4. Using digital technologies, the administration shall ensure the registration of foreign citizens and stateless persons arriving in the territory of the city of Alatau, enabling control over the terms, procedure, and conditions of their stay established by the legislation of the Republic of Kazakhstan.
Article 62. Regulation of standardization and technical regulation procedures in the city of Alatau
1. The administration shall have the right to adopt standards of the city of Alatau that are mandatory for application to products, processes, and services, as well as methods for controlling products, processes, and services, which are subject to registration in the register of the Alatau city standardization system.
2. For the purpose of implementing investment projects by legal entities that are residents of Alatau, direct application shall be permitted, in accordance with the administration’s regulatory legal acts, of international and regional standards, other technical regulation measures, standardization and conformity assessment measures applied in countries with high-quality infrastructure, as well as the conformity certificates, test reports, conformity marks, and other conformity assessment documents issued under them (hereinafter referred to as permissible foreign standards and documents).
Permissible foreign standards and documents shall be applied in the language of their official adoption, unless otherwise determined by the administration’s regulatory legal acts.
Permissible foreign standards and documents shall be identified in the register of the Alatau city standardization system.
3. The administration shall have the right to establish specific features of technical regulation in the city of Alatau and adopt technical regulations taking into account international treaties ratified by the Republic of Kazakhstan.
4. Technical regulation, standardization, and conformity assessment measures established by the administration’s regulatory legal acts in accordance with this article shall be recognized in the territory of the Republic of Kazakhstan on an equal basis with measures established by other legislation of the Republic of Kazakhstan that does not constitute legislation on a special legal regime.
5. The provisions of paragraph 2 of this article shall not apply to products placed on the market that do not comply with the requirements of international treaties ratified by the Republic of Kazakhstan.
Article 63. Legal regime in the field of architectural, urban planning, and construction activities in the city of Alatau
1. Architectural, urban planning, and construction activities (including design, survey, expert, and research work for construction, the manufacture (production) of construction materials, products, and structures to order, as well as engineering services in the field of architectural, urban planning, and construction activities) in the territory of the city of Alatau shall be carried out in the manner provided for by the legislation of the Republic of Kazakhstan, taking into account the specific features established by this Constitutional Law and/or the regulatory legal acts of the administration.
Regulation of architectural, urban planning, and construction activities in the city of Alatau is aimed at creating an inclusive, favorable, and comfortable environment for all categories of the population, taking into account the application of universal design approaches. Regulatory legal acts of the administration may establish specific features of architectural, urban planning, and design solutions to improve the accessibility of the urban environment for persons with limited mobility.
2. Regulatory legal acts of the administration may provide for specific features of regulation in the field of architectural, urban planning, and construction activities in the city of Alatau, including the following matters:
1) stages of design activity (design);
2) stages of project implementation in construction;
3) procedure for providing and the composition of initial materials;
4) composition of pre-design and/or design documentation for construction projects;
5) determination of estimated construction cost for construction projects financed fully or partially from public investment in construction;
6) procedure for developing, approving, amending, and endorsing comprehensive non-departmental expert review of construction projects;
7) procedure for organizing architectural and construction control and supervision;
8) acceptance and commissioning of construction facilities;
9) procedure for maintaining records and accounting for the commissioning of construction facilities;
10) other matters of regulation of architectural, urban planning, and construction activities.
3. The urban planning documents of the city of Alatau include a long-term plan, a master plan, and a detailed development plan.
4. The detailed development plan shall be approved by the administration on the basis of and in accordance with the master plan for individual territories and functional zones of the city of Alatau. The composition, duration, procedure for development, amendment, and repeal of detailed development plans shall be determined by a regulatory legal act of the administration by decision of the Council.
5. Certain categories of Alatau residents shall have the right to implement projects in the field of architecture, urban planning, and construction in the territory of the city of Alatau on the basis of permissible practices, as well as international design documentation.
Such international design documentation shall be subject to verification for compliance with the fundamental requirements of seismic, fire, sanitary and epidemiological safety, and labor protection (hereinafter in this article — fundamental requirements), as determined by the administration.
The procedure for forming and approving the list of permissible practices, and the procedure for verifying international design documentation for compliance with the fundamental requirements, shall be determined by regulatory legal acts of the administration.
6. A regulatory legal act of the administration, by decision of the Council, shall approve the list of construction projects whose design, construction, comprehensive non-departmental expert review, and commissioning are carried out on the basis of the state systems of regulatory documents (state regulatory documents) of the Republic of Kazakhstan.
7. For the purposes of regulatory licensing and the application of permitting procedures in the field of architectural, urban planning, and construction activities in the territory of the city of Alatau, licenses and other similar permitting documents granting the right to carry out survey activities, design activities (design) and/or construction and installation works, expert works and/or engineering services in the field of architectural, urban planning, and construction activities, issued by authorized bodies and/or organizations of countries with a high-quality infrastructure, shall be recognized.
8. A regulatory legal act of the administration shall determine the procedure for recognizing in the territory of the city of Alatau:
1) licenses and other similar permitting documents granting the right to carry out survey activities, design activities (design) and/or construction and installation works, expert works and/or engineering services in the field of architectural, urban planning, and construction activities, issued by authorized bodies and/or organizations of foreign states classified under this Constitutional Law as countries with a high-quality infrastructure;
2) licenses for survey activities, design activities (design) and/or construction and installation works, as well as permitting documents granting the right to carry out expert works and/or engineering services in the field of architectural, urban planning, and construction activities, issued by authorized bodies and organizations of the Republic of Kazakhstan.
Article 64. Regulation of the construction of infrastructure facilities in the city of Alatau
1. Financing of construction projects for infrastructure facilities in the city of Alatau may be carried out from:
1) funds of the state budget;
2) funds of quasi-public sector entities;
3) funds borrowed on the financial market of the Republic of Kazakhstan and/or the international financial market, loan funds, grants, and/or technical assistance from financial organizations of the Republic of Kazakhstan and/or international financial organizations;
4) own funds of Alatau residents;
5) other funds not prohibited by the legislation of the Republic of Kazakhstan.
2. Construction of infrastructure facilities in the city of Alatau shall be carried out taking into account the specific features that may be provided for by the regulatory legal acts of the administration, including the following methods:
1) turnkey construction proposed to be financed from supplier funds;
2) public-private partnership;
3) construction by licensed contractor organizations engaged by Alatau residents for the implementation of an investment project;
4) direct conclusion of a procurement contract by a single-source method in the case of acquisition of infrastructure facilities, buildings, structures, and premises intended for non-residential use in the city of Alatau;
5) construction by other methods not prohibited by the legislation of the Republic of Kazakhstan, which may be determined by a regulatory legal act of the administration by decision of the Council.
3. When implementing construction projects for infrastructure facilities located simultaneously in the territory of the city of Alatau and other regions, the local executive bodies of the relevant regions shall provide the necessary assistance within their competence.
A regulatory legal act of the administration by decision of the Council may determine the procedure for interaction between the administration and the local executive bodies of the relevant regions in the cases provided for by this article.
Article 65. Regulation of housing relations in the city of Alatau
1. A regulatory legal act of the administration by decision of the Council shall approve special requirements for the legal regime of lease and ownership of residential and non-residential premises.
2. A regulatory legal act of the administration by decision of the Council may provide for specific features of regulation of housing relations in the following matters:
1) management of the common property of a condominium property;
2) qualification requirements for management companies engaged to manage a condominium property;
3) types, amounts, and calculation methods of expenses for managing a condominium property and maintaining the common property of a condominium property, types of contributions to cover such expenses, and the procedure for their payment;
4) other matters of regulation of housing relations, including management of the common property of a condominium property in apartment buildings in the city of Alatau.
Article 66. Regulation of the procedure for acquiring real estate in the city of Alatau
1. Residential and non-residential real estate located in the territory of the city of Alatau may be acquired into ownership by individuals and legal entities.
Specific features of acquisition and exercise of ownership rights to such properties by foreign citizens, stateless persons, and foreign legal entities shall be established by regulatory legal acts of the administration by decision of the Council.
2. A regulatory legal act of the administration by decision of the Council may determine specific features of regulation in the following matters:
1) procedure for acquiring residential, commercial, and other non-residential real estate;
2) financing and organization of housing construction;
3) procedure for concluding and performing contracts whose subject is real estate, and the rights and obligations of the parties under such contracts;
procedure for leasing residential real estate with the right of subsequent purchase;
5) organization of a system for regulating the acquisition and ownership of real estate by foreign citizens and stateless persons in order to prevent uncontrolled migration processes as part of ensuring the national security of the Republic of Kazakhstan;
6) other matters related to the acquisition of real estate in the city of Alatau.
3. For the purpose of implementing the principle of digital-first, regulatory legal acts of the administration may provide for the maintenance of a legal cadastre of the objects of the city of Alatau based on distributed ledger technology (blockchain) for the accounting, recognition, and confirmation of the arising, change, and termination of rights (encumbrances of rights) to real estate and other objects subject to registration in such cadastre, through the entry of digital records having legal significance.
Article 67. Land relations in the city of Alatau
1. Land relations in the city of Alatau shall be regulated by the administration’s regulatory legal acts, taking into account the provisions of this Constitutional Law.
2. For the purpose of ensuring the fulfillment of the tasks of the special legal regime in the city of Alatau, the land fund of the city of Alatau shall be formed, consisting of land plots that are in state ownership and have not been granted for land use and/or ownership.
3. For the purpose of implementing its functions provided for by this Constitutional Law, the administration shall manage the land fund of the city of Alatau, including the rights of possession, use, and disposal of land within its competence.
4. Land plots in the city of Alatau that are in state ownership and have not been granted for land use may be granted for land use to Alatau residents from the land fund of the city of Alatau on a paid basis.
For land plots granted for land use to Alatau residents as a result of compulsory alienation for state needs or compulsory seizure of land plots for the purpose of forming the land fund of the city of Alatau, Alatau residents shall compensate the state for the costs of reimbursement of value or, respectively, payments to former owners or land users, in the manner determined by a regulatory legal act of the administration.
5. Land plots in the city of Alatau must be used in accordance with their designated purpose, determined by title documents for the land plot, a business license for carrying out activities, and the zoning of the territory of the city of Alatau provided for by the master plan and detailed development plans of the relevant part of the territory.
6. Land plots in the city of Alatau may be granted for land use to state land users and/or for temporary paid land use (lease) to quasi-public sector organizations.
7. The procedure for granting land plots in the city of Alatau for land use shall be determined by a regulatory legal act of the administration by decision of the Council.
8. In the city of Alatau and the suburban zone, the granting of land plots for farming or peasant farming, personal subsidiary farming, gardening, vegetable growing, individual housing construction, and dacha construction is prohibited.
9. In exceptional cases determined by a regulatory legal act of the administration by decision of the Council, land plots may be granted to legal entities — Alatau residents — for land use with the right of subsequent purchase into ownership, provided that they fulfill their main obligations under the investment project, including:
1) the amount of investment;
2) the investment period;
3) other material conditions determined by the relevant business license.
10. Regulatory legal acts of the administration governing land relations in the city of Alatau may provide for specific features of regulation of land relations in the following matters:
1) determination of exceptions to the legal regime governing land relations provided for by the legislation of the Republic of Kazakhstan, including the conditions for granting land use rights.
Land plots of the land fund of the city of Alatau shall be granted or transferred into private ownership on the basis of a civil-law transaction and in other cases provided for by regulatory legal acts of the administration by decision of the Council;
2) determination of the fee for the use of land plots when granting land use rights, depending on the requested purpose of their acquisition;
3) development and approval of a model contract for temporary paid land use (lease);
4) type, content, and form of title documents for a land plot and identification documents for a land plot;
5) zoning of the territory of the city of Alatau;
other matters of regulation of land relations for the purpose of ensuring the proper functioning of the city of Alatau.
11. Monitoring and state control over the use of land plots granted to Alatau residents for land use and/or ownership for their designated purpose, as well as their protection, shall be carried out by the administration in the manner determined by the administration’s regulatory legal acts.
12. The right of temporary paid land use (lease) to a land plot granted to a legal entity — an Alatau resident — shall terminate on the date the legal entity, an Alatau resident — is deprived of the relevant business license or upon early termination of the contract with the administration for the relevant project.
13. For the development of the city of Alatau, the Council shall determine the territories of the city of Alatau, the land plots within which:
1) are subject to priority compulsory alienation for state needs for the purpose of infrastructure development and formation of the land fund of the city of Alatau within the time limits provided for by the long-term plan, master plan, and/or decisions of the administration adopted for the implementation of the specified urban planning documents (hereinafter — territories of priority compulsory alienation);
2) are subject to development in accordance with the urban planning document (hereinafter — territories of prospective development).
14. With respect to land plots located in territories of prospective development, a two-year period shall be established for the commencement of investment, calculated from the date of the relevant notification to the owner and/or non-state land user by the administration in the manner determined by the administration’s regulatory legal acts.
The running of this two-year period shall not be suspended in the event of transfer of the land plot by the owner and/or non-state land user to third parties.
With respect to land plots located in territories of prospective development for which, within the framework of the compulsory seizure procedure in accordance with Article 70 of this Constitutional Law, orders to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan were issued, the notification referred to in part one of this paragraph may be sent after the expiration of the period of such order.
From the date of the relevant notification to the owner and/or non-state land user for the relevant land plot, annually increasing land tax rates or, respectively, land use fees shall apply, the amounts and payment procedure for which shall be determined by the administration by decision of the Council, regardless of their designated purpose, category, or other characteristics.
Failure to develop land plots for the purpose of making investments after the expiration of the two-year period shall be grounds for initiating the procedure for compulsory alienation of the land plot for state needs by the administration.
15. In the cases provided for in paragraph 16 of this article, title and identification documents for land plots located in territories of prospective development shall be reissued taking into account the zoning and/or land category established by urban planning documents. The procedure for reissuing title and identification documents for land plots located in territories of prospective development shall be determined by the administration’s regulatory legal acts.
16. Development of land plots for the purpose of making investments in territories of prospective development may be carried out in any of the following ways:
1) obtaining a business license in the manner provided for by this Constitutional Law and the administration’s regulatory legal acts;
2) transfer (including by sale) by owners and/or non-state land users of rights to a land plot for the purpose of making investments by Alatau residents;
3) making investments through the creation of joint ventures or on the basis of a joint activity agreement with the participation of land plot owners, non-state land users, the administration (administration bodies), Alatau residents, and/or other persons; 4) other methods not prohibited by the legislation of the Republic of Kazakhstan.
Article 68. Formation of the land fund of the city of Alatau
1. The formation of the land fund of the city of Alatau shall be carried out by the administration in accordance with the procedure provided for by this Constitutional Law and the administration’s regulatory legal acts.
2. The land fund of the city of Alatau shall be formed from:
1) land plots that are in state ownership and have not been granted for land use and/or ownership;
2) land plots resulting from their compulsory alienation for state needs;
3) land plots not used for their designated purpose, not developed, or used in violation of the legislation of the Republic of Kazakhstan, as a result of their compulsory seizure from owners and/or land users;
4) land plots resulting from their seizure from state land users for state needs;
5) land plots resulting from the voluntary renunciation by the owner or land user of the right of ownership or the right of land use in favor of the state;
6) land plots where there are no heirs either by law or by will, or none of the heirs has accepted the inheritance, or all heirs have been disinherited by the testator, or the heir has renounced the inheritance in favor of the state or renounced the inheritance without specifying in whose favor the renunciation is made;
7) land plots transferred on other grounds provided for by the administration’s regulatory legal acts and/or not prohibited by the legislation of the Republic of Kazakhstan.
Article 69. Compulsory alienation of land plots for state needs for the purpose of forming the land fund of the city of Alatau
1. Compulsory alienation of land plots for state needs under this article shall be an exceptional case of alienation of property of owners or land users, aimed at satisfying state interests in implementing and complying with the long-term plan and master plan, forming the land fund of the city of Alatau for the purpose of the functioning and development of the city of Alatau, and fulfilling the tasks of the special legal regime.
2. The market value of a land plot compulsorily alienated for state needs, and of other immovable property on such land plot, shall be determined on the basis of an appraisal conducted in accordance with the Law of the Republic of Kazakhstan “On Appraisal Activity in the Republic of Kazakhstan.”
3. For the territories of priority compulsory alienation, the determination of the market value of a land plot or other immovable property on a land plot compulsorily alienated for state needs within five years from 26 September 2025 shall be carried out without taking into account changes in market value during the specified period and in accordance with indexation established and applied in the manner determined by a regulatory legal act of the administration by decision of the Council.
4. Compulsory alienation of land plots or other immovable property on the alienated land plot for state needs for the purpose of forming the land fund of the city of Alatau shall be carried out by the administration in the manner determined by the administration’s regulatory legal acts.
Compulsory alienation of land plots or other immovable property on the alienated land plot for state needs shall be carried out on condition of equivalent compensation of the market value of the property with the consent of the owner or land user, or by court decision.
5. From the moment the owner or land user receives notification of the compulsory alienation of a land plot for state needs:
1) the state shall have a preemptive right to purchase it;
2) the costs and losses of the owner or land user related to new construction, expansion, modernization, technical re-equipment, reconstruction, restoration, and/or major repair of construction objects on the alienated land plot shall not be compensated.
6. Equivalent compensation in the case of compulsory alienation of land plots or other immovable property on the alienated land plot for state needs may include:
1) provision of another land plot outside the city of Alatau with the consent of the owner or non-state land user;
2) compensation of the market value of the alienated land plot or other immovable property on the alienated land plot.
7. The equivalence of compensation when providing another land plot outside the city of Alatau shall be determined on the basis of a comprehensive assessment of the characteristics of the alienated land plot and the land plot provided in exchange, including location, designated purpose, area, soil quality, water supply, and infrastructure provision.
8. Equivalent land plots may be provided outside the city of Alatau without applying the auction procedure, including plots with similar or more improved characteristics compared to the characteristics of land plots compulsorily expropriated for state needs in the city of Alatau.
The local executive bodies of the relevant administrative-territorial units shall ensure the provision of equivalent land plots in exchange for land plots compulsorily expropriated for state needs in the city of Alatau, based on a methodology for the comprehensive assessment of land plot characteristics, determined by a regulatory legal act of the administration by decision of the Council.
The local executive bodies of the relevant administrative-territorial units shall reserve land plots on land under their state ownership for provision as equivalent land plots.
9. The procedure and time limits for reserving and providing equivalent land plots by the local executive bodies of the relevant administrative-territorial units shall be determined by regulatory legal acts in the manner of assistance provided for in Article 27 of this Constitutional Law.
10. For the purposes of compulsory expropriation for state needs under this Article and other purposes within the competence of the commission provided for in paragraph 4 of Article 84 of this Constitutional Law, individual residential houses, as well as related buildings and structures erected on land not formed into land plots and belonging to the state, without obtaining the permits required under the legislation of the Republic of Kazakhstan, shall be recognized as lawfully constructed within the territory of the city of Alatau.
Such immovable property shall be recognized as lawfully constructed for the purposes of compulsory expropriation and other purposes within the competence of the commission provided for in paragraph 4 of Article 84 of this Constitutional Law for state needs, provided that they were erected and used for their intended purpose as of January 1, 2026 (hereinafter — recognized property). The decision to recognize immovable property as recognized property shall be made by the commission established in accordance with Article 84 of this Constitutional Law.
11. Losses caused to owners or land users in connection with the compulsory expropriation of land plots or other immovable property located on the expropriated land plot for state needs shall not include lost profits and shall be compensated from budgetary funds.
Article 70. Compulsory seizure of agricultural land plots (agricultural purpose) for the purpose of forming the land fund of the city of Alatau
1. In respect of an agricultural land plot (agricultural purpose), the designated use of which does not provide for the construction of buildings and/or structures (hereinafter in this Article — agricultural land plots), located in areas of prospective development and not used for its intended purpose, not developed, or used in violation of the legislation of the Republic of Kazakhstan, the administration shall determine the need for its compulsory expropriation for state needs or compulsory seizure.
2. If the administration decides that it is necessary to compulsorily expropriate for state needs a land plot that is not used for its intended purpose, not developed, or used in violation of the legislation of the Republic of Kazakhstan, such compulsory expropriation for state needs shall be carried out in accordance with Article 69 of this Constitutional Law.
3. If the administration decides that it is necessary to compulsorily seize an agricultural land plot that is not used for its intended purpose, not developed, or used in violation of the legislation of the Republic of Kazakhstan, the compulsory seizure of the land plot shall be carried out in accordance with this Article.
4. From the date of the order to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan in relation to the land plot:
1) state registration of transactions involving the transfer of rights made by owners or land users with respect to the said land plot shall be suspended;
2) multiple increased rates of land tax or, accordingly, payment for the use of land plots shall apply, regardless of their designated purpose, category, or other characteristics.
5. Land plots shall be subject to compulsory seizure in the event of their substantial non-use for their intended purpose, non-development, or use in violation of the legislation of the Republic of Kazakhstan. The procedure for determining the fact of non-use of a land plot, the cases not included in the period of non-use of a land plot, and the characteristics of the substantial nature of non-use of a land plot shall be determined by regulatory legal acts of the administration.
6. In the event of compulsory seizure of a land plot from the owner of the land plot or a land user who has repurchased from the state the right of temporary paid land use (lease) to the land plot, by a court decision on the grounds specified in this Article, the ownership right to the land plot or the land use right in respect of the repurchased from the state rights of temporary paid land use (lease) to the land plot shall be transferred without auctions (bidding) to the land fund of the city of Alatau in the manner provided for by regulatory legal acts of the administration.
A regulatory legal act of the administration, by decision of the Council, shall determine the procedure for calculating the amount of payments to the former owner or land user for the expenses incurred in acquiring the compulsorily seized land plot, as well as payments to the pledge holder in the amount of claims under obligations secured by a pledge of the land plot or the right of temporary paid land use (lease).
7. In the event of compulsory seizure of a land plot provided free of charge, from the owner by court decision on the grounds specified in this Article, such land plot shall be credited without auctions (bidding) to the land fund of the city of Alatau for further redistribution without compensation of its value to the owner of the land plot.
8. If, before the expiration of the deadline set in the order to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan, the owner or land user takes appropriate measures to use the land plot for its intended purpose or eliminates the violation of the requirements of the land legislation of the Republic of Kazakhstan, the compulsory seizure procedure shall be terminated by the administration.
In this case, the rights and obligations of the owner or land user shall be determined in accordance with paragraphs 13–16 of Article 67 of this Constitutional Law.
9. The provisions of this Article on the compulsory seizure of agricultural land plots not used for their intended purpose, not developed, or used in violation of the legislation of the Republic of Kazakhstan shall not apply to land plots located in areas of priority compulsory expropriation.
Article 71. Special legal regime for administrative-delict offenses in the city of Alatau
1. A special legal regime for administrative offenses (administrative delicts) is established in the city of Alatau.
2. The special legal regime for administrative offenses in the city of Alatau is based on the Code of the Republic of Kazakhstan on Administrative Offenses and a regulatory legal act of the administration adopted by decision of the Council in accordance with this Article.
3. For the purposes of the special legal regime for administrative offenses, an administrative offense committed in the city of Alatau shall mean a culpable (intentional or negligent) socially dangerous unlawful act or omission of an individual or legal person that violates public order, state or private interests, and that was initiated, continued, or completed in the city of Alatau or outside it in another territory of the Republic of Kazakhstan.
Failure to comply with issued business licenses, regulatory licenses and regulatory permits, accreditations, requirements and orders of state and other bodies of the city of Alatau, as well as state bodies of the Republic of Kazakhstan to which certain implementation and/or control functions of the administration and other administrative bodies of the city of Alatau have been delegated by decision of the Council, shall not constitute an administrative offense. The types and enforcement measures for such administrative acts shall be regulated by regulatory legal acts of the administration by decision of the Council.
4. A regulatory legal act of the administration adopted by decision of the Council shall provide for the following features of administrative offenses in the city of Alatau:
1) separate amounts of administrative fines;
2) methods of recording administrative offenses in the city of Alatau;
3) separate elements of administrative offenses in areas of public relations regulated by regulatory legal acts of the administration;
4) jurisdiction over cases of administrative offenses;
5) the competence of administrative bodies of the city of Alatau and/or their officials to hear cases and impose administrative penalties for administrative offenses in the city of Alatau.
5. If a regulatory legal act of the administration of the city of Alatau establishes administrative liability for an identical act provided for by the Code of the Republic of Kazakhstan on Administrative Offenses, the amounts of administrative fines may not be lower than the amounts of administrative fines provided for by that Code.
Article 72. Liability for violation of the regulatory regime in the city of Alatau
1. Individual and legal persons, regardless of residency status, are obliged to comply with the requirements of this Constitutional Law and other legislation of the city of Alatau while on the territory of the city of Alatau, as well as when performing acts (or omissions) affecting regulated public relations.
2. Regulatory legal acts of the administration may provide for cases in which a resident of Alatau bears liability for a violation of the requirements of the legislation of the city of Alatau committed by a person who does not have residency and was engaged by such resident of Alatau under a contract, unless the resident proves the absence of fault and the taking of reasonable measures to prevent the violation.
3. For violation of the requirements of the legislation of the city of Alatau and administrative acts of the administration, the administration and its bodies shall have the right to apply liability measures and enforcement measures provided for by regulatory legal acts of the administration, including monetary penalties, suspension or revocation of business licenses, regulatory licenses and regulatory permits, granted tax preferences and other benefits, and measures restricting access to certain rights and/or benefits associated with the application of the special legal regime.
4. Decisions of the administration and its bodies on the application of liability measures and/or enforcement measures are mandatory and subject to enforcement throughout the entire territory of the Republic of Kazakhstan in the manner established by a regulatory legal act of the administration by decision of the Council and/or by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.
5. Decisions of the administration and its bodies provided for in this Article may be appealed in court.
Article 73. Basic principles of the investment legal regime in the city of Alatau
1. The Republic of Kazakhstan encourages and facilitates the creation of favorable conditions for investors for the purpose of making and protecting investments in the territory of the city of Alatau.
2. Investors and their investments in the city of Alatau shall be granted treatment no less favorable than that granted to foreign investors in the Republic of Kazakhstan with respect to the management, maintenance, use, enjoyment, or any other form of disposal of investments in accordance with the bilateral agreements of the Republic of Kazakhstan on mutual promotion and protection of investments. Regulatory legal acts of the administration may establish additional guarantees for the protection of investments, provided that they do not reduce the scope of guarantees established by this Constitutional Law.
3. Investments made by investors in accordance with this Constitutional Law shall enjoy fair and equitable treatment, as well as full protection and security, in the territory of the Republic of Kazakhstan in accordance with generally recognized principles and norms of international law.
The Republic of Kazakhstan, acting through the administration, administrative bodies, and other state bodies, shall act in good faith and reasonably in relation to the investor and investments and shall not allow any arbitrary, unjustified, or discriminatory measures that may hinder the management, operation, use, possession, alienation, or any other form of disposal of investments in the territory of the city of Alatau, and shall also ensure:
protection of the investor’s legitimate expectations arising from the legislative and regulatory environment in the city of Alatau, the assurances and commitments of the administration, administrative and/or other state bodies, and on the basis of which the investor made the investment decision;
transparency and predictability of the legislation on the special legal regime applicable to investments;
access to justice, the right to be heard, and due process in judicial or administrative proceedings affecting the investor and the investment;
protection of the investor from unjustified interference or pressure by state bodies and/or officials.
Article 74. Settlement of investment disputes
1. Investment disputes shall, where possible, be resolved through negotiations between the parties.
2. If an investment dispute cannot be resolved through negotiations within three months from the date of a written request by either party to the dispute to the other party, and unless the disputing parties agree otherwise, the dispute shall, at the investor’s choice, be submitted for resolution to:
1) the courts of the Republic of Kazakhstan;
2) one of the following arbitral tribunals:
the International Arbitration Centre of the Astana International Financial Centre;
the International Centre for Settlement of Investment Disputes (hereinafter — the Centre), established in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (hereinafter — the ICSID Convention), if the investor’s state is a party to that Convention;
the Additional Facility of the Centre (operating under the Additional Facility Rules), if the investor’s state is not a party to the ICSID Convention;
the International Court of Arbitration of the International Chamber of Commerce;
the London Court of International Arbitration;
the Arbitration Institute of the Stockholm Chamber of Commerce;
an international arbitration constituted specifically for the consideration of a particular dispute in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).
3. If the administration or an administrative body is the initiator of the dispute resolution procedure, and the investor avoids choosing one or another dispute resolution procedure, the administration or administrative body shall be entitled to submit the dispute to the courts of the Republic of Kazakhstan after three months from the date of the first written request by the administration or administrative body to the investor for settlement of the dispute through negotiations.
The court of the Republic of Kazakhstan hearing the investment dispute shall terminate the proceedings if the investor submits a written statement choosing another investment dispute resolution procedure provided for in subparagraph 2) of paragraph 2 of this Article, provided that such statement is submitted no later than the submission of the investor’s first statement on the merits of the investment dispute.
4. A claim may not be submitted for settlement under paragraphs 2 and 3 of this Article if more than five years have passed since the date on which the claimant first knew or should have first known of the alleged violation of its rights.
5. Unless otherwise agreed by the disputing parties, the arbitral tribunal shall determine the seat of arbitration in accordance with the applicable arbitration rules, provided that the seat shall be in the territory of a state that is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New York on 10 June 1958 (hereinafter — the New York Convention).
6. A decision rendered under subparagraph 2) of paragraph 2 of this Article shall be final and binding on the parties to the investment dispute and shall be recognized and enforced in accordance with the mechanism applicable to the enforcement of decisions of the relevant arbitral tribunal.
An investment dispute submitted to arbitration provided for in subparagraph 2) of paragraph 2 of this Article shall be treated as arising out of commercial relations for the purposes of Article 1 of the New York Convention.
7. The provisions of this Article shall be recognized as an expression of the consent of the Republic of Kazakhstan to the submission of investment disputes for consideration in accordance with paragraph 2 of this Article.
Any additional consents of the administration and/or another administrative body that may be required for the purposes of this Article shall be ensured by the Government of the Republic of Kazakhstan.
The investor’s consent shall be expressed at any time by a written statement addressed to the administration or at the time of submitting the claim to arbitration.
8. The provisions of this Article shall not be interpreted as a waiver of the immunities granted to the property of the National Bank of the Republic of Kazakhstan, including property held in its trust management, under international treaties ratified by the Republic of Kazakhstan, the law of England and Wales, or other foreign law.
9. Submission of the dispute to arbitration shall not prevent the investor from applying to the courts of the Republic of Kazakhstan for interim measures. The courts of the Republic of Kazakhstan shall consider such applications without examining the investment dispute on the merits.
Article 75. Legal regime of contracts in the city of Alatau
1. A regulatory legal act of the administration adopted by decision of the Council shall provide for special rules governing contracts of Alatau residents, including the use of internationally recognized contract forms, as well as taking into account the principles of bankability and other internationally recognized principles. Such special rules shall apply to the terms of such contracts, including the rights and obligations of the parties, allocation of risks, security for performance of obligations, settlement procedures, liability of the parties, and other terms.
2. Special rules for determining the law applicable to a contract to which an Alatau resident is a party, or a contract related to the implementation of investments in the city of Alatau, regardless of the presence of a foreign element, shall be established by this Constitutional Law and regulatory legal acts of the administration.
The parties to such a contract shall be entitled, at the time of its conclusion or thereafter, to choose by mutual agreement the law applicable to their rights and obligations under that contract.
3. The provisions of paragraph 2 of this Article shall not affect the operation of mandatory rules of the legislation of the city of Alatau which, by virtue of a reference in the mandatory rules themselves or due to their special importance, including for ensuring the rights and legally protected interests of participants in civil turnover, govern the relevant relations regardless of the applicable law.
Chapter 5. Final and Transitional Provisions
Article 76. Special provision
The general provisions and principles of the special legal regime established by this Constitutional Law, as well as the provisions on the principles of the investment legal regime and the settlement of investment disputes, shall be immutable.
The provisions specified in this Article may cease to be effective only if this Constitutional Law is declared invalid.
Article 77. General transitional provision
It is established that the legislative acts of the Republic of Kazakhstan and the subordinate regulatory legal acts adopted for their implementation shall apply to relations in the territory of the city of Alatau to the extent not regulated by the legislation of the city of Alatau.
Article 78. Transitional provisions concerning legal entities carrying out the main business in the city of Alatau
1. Non-state legal entities that are not part of the quasi-public sector and were established in accordance with the legislation of the Republic of Kazakhstan before the entry into force of Articles 39 and 40 of this Constitutional Law shall not be legal entities - residents of Alatau. Unless otherwise provided by this Constitutional Law, after two years from the date of entry into force of the said provisions of the Constitutional Law (hereinafter in this Article - the transitional period), the main business in the territory of the city of Alatau may be carried out directly only by legal entities - residents of Alatau.
2. For the purpose of carrying out the main business in the territory of the city of Alatau, the non-state legal entities referred to in part one of paragraph 1 of this Article shall be entitled to establish a legal entity - a resident of Alatau and transfer to it the property, property rights, and corresponding obligations necessary for carrying out such main business.
Such transfer of property, property rights, and obligations:
1) is carried out by virtue of this Constitutional Law;
2) does not require the consent of creditors;
3) is not grounds for amendment or termination of contracts;
4) does not entail termination of rights and obligations under such contracts and obligations;
5) is not recognized as income and/or turnover of the receiving and/or transferring party for tax purposes.
3. After the expiration of the transitional period, legal entities that are not legal entities - residents of Alatau shall not be entitled to carry out the main business in the territory of the city of Alatau and shall not be entitled to:
1) obtain regulatory licenses, regulatory permits, and other services of the administration;
2) participate in procurements conducted by Alatau residents;
3) participate in experimental legal regimes of the city of Alatau.
4. Licenses, permits, and other authorizing documents issued by state bodies of the Republic of Kazakhstan to the persons referred to in part one of paragraph 1 of this Article for activities related to the main business and activities regulated by the legislation of the city of Alatau shall not apply in the territory of the city of Alatau after the expiration of the transitional period.
Article 79. Transitional provisions concerning branches of legal entities operating in the city of Alatau
Branches of non-state legal entities that are not part of the quasi-public sector and were registered and/or operating in the city of Alatau before the entry into force of Articles 39 and 40 of this Constitutional Law must be deregistered or their place of registration must be moved outside the city of Alatau within two years after the entry into force of the said provisions (hereinafter in this Article — the transitional period).
After the expiration of the transitional period, the activities of such branches that have not been deregistered or whose place of registration has not been moved outside the city of Alatau shall be subject to compulsory termination by court decision on the basis of this Article.
Article 80. Transitional provisions concerning the special economic zone “Alatau”
1. From 1 January 2027, the following shall be prohibited in the special economic zone “Alatau” (hereinafter — SEZ Alatau):
1) conclusion of agreements on carrying out activities as a participant of SEZ Alatau, as well as amendments to such agreements that result in a change of the investment project or its material terms;
2) conclusion of agreements on carrying out non-core activities;
3) conclusion of agreements on carrying out auxiliary activities.
2. During the period from 1 January 2027 to 1 July 2027, participants of SEZ Alatau engaged in priority activities, and persons carrying out non-core or auxiliary activities in SEZ Alatau in the territory of the city of Alatau and the established suburban zone of the city of Alatau, shall be entitled to transfer the implementation of their projects as core business to legal entities they create — residents of Alatau, including the transfer of property, rights, and obligations under contracts related to the performance of the relevant activities in the territory of the city of Alatau, in the manner provided for by Article 78 of this Constitutional Law.
The terms of the business licenses issued to such legal entities — residents of Alatau may not be worsened compared to the terms that applied respectively to participants of SEZ Alatau engaged in priority activities, and to persons carrying out non-core or auxiliary activities in SEZ Alatau in the territory of the city of Alatau.
3. During the period from 1 July 2027 to 1 September 2027, the Government of the Republic of Kazakhstan shall ensure the renaming of SEZ Alatau and the exclusion from its territory of the territory of the city of Alatau and the established suburban zone of the city of Alatau.
Such exclusion shall be deemed to constitute the termination of the operation of SEZ Alatau in the territory of the city of Alatau and the established suburban zone of the city of Alatau.
Within three months from the date of such termination, the rights of possession and use of shares in the charter capital of the managing company of SEZ Alatau shall be transferred to the local executive body of the Almaty region.
4. Land use rights to land plots of participants of SEZ Alatau and persons carrying out non-core or auxiliary activities in SEZ Alatau in the territory of the city of Alatau shall not be extended if they fail to transfer the implementation of their projects in accordance with paragraph 2 of this Article. The granting of the right to purchase such land plots is prohibited, unless otherwise follows from the provisions of Article 67 of this Constitutional Law.
Article 81. Transitional provisions concerning investment contracts
1. From the date of entry into force of this paragraph, in relation to activities carried out and projects implemented in the territory of the city of Alatau, the conclusion of the following shall not be permitted:
1) simplified investment contracts;
2) investment obligation agreements;
3) investment agreements;
4) other agreements with central or local state bodies of the Republic of Kazakhstan concluded in accordance with the laws of the Republic of Kazakhstan not relating to the legislation on the special legal regime of the city of Alatau and providing for the granting of tax and other benefits, preferences, and advantages in any form relating to payments, prices, and tariffs established or regulated by the legislation of the Republic of Kazakhstan.
This prohibition shall also apply to permits, licenses, approvals, and other administrative acts of central or local state bodies of the Republic of Kazakhstan providing for the granting of such tax and other benefits, preferences, and advantages.
2. Investment contracts, special investment contracts, investment obligation agreements, investment agreements, and other agreements referred to in paragraph 1 of this Article, concluded before the date of official publication of this Constitutional Law and providing for the implementation of investment projects in the territory of the city of Alatau (hereinafter in this Article — investment contracts), shall remain in force.
3. Persons implementing investment projects under investment contracts shall be entitled to continue carrying out their activities and implementing their investment projects in the territory of the city of Alatau in accordance with the terms of the investment contracts and the legislation of the Republic of Kazakhstan applicable to them that does not relate to the special legal regime.
4. Investment projects under investment contracts in the territory of the city of Alatau may be recognized by the administration as core business for the purposes of applying Article 78 of this Constitutional Law.
For the purpose of carrying out such core business in the territory of the city of Alatau, the parties to investment contracts shall be entitled to transfer the implementation of the relevant investment projects to legal entities they create — residents of Alatau — and transfer to them the land plots, property, property rights, and corresponding obligations related to the implementation of the relevant investment projects under the investment contracts.
5. The transfer provided for in paragraph 4 of this Article:
1) is carried out by virtue of this Constitutional Law;
2) does not require the consent of creditors;
3) is not grounds for amendment or termination of contracts and does not entail termination of rights and obligations under such contracts and obligations;
4) is not recognized as income and/or turnover of the receiving and/or transferring party for tax purposes.
6. The terms of the business license issued to the legal entity — resident of Alatau — created in accordance with paragraph 4 of this Article shall contain the same tax preferences as those provided for in the relevant investment contracts.
7. Investment contracts shall cease to be effective from the date of issuance of the business license to the legal entity — resident of Alatau — created in accordance with paragraph 4 of this Article, provided that the core business under the investment projects, including the transfer of land plots, property, property rights, and obligations related to the implementation of such investment projects, has been transferred to such legal entity — resident of Alatau.
Article 82. Transitional provisions concerning investment projects and land plots granted for them
1. Projects defined as investment projects and implemented on land plots granted from state ownership (into ownership or land use) in the territory of the city of Alatau in accordance with paragraph 8-1 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan shall be recognized as the core business of legal entities for the purposes of applying Article 78 of this Constitutional Law.
2. For the purpose of complying with the requirements of Article 78 of this Constitutional Law, owners or land users shall be entitled to transfer the said land plots, property, property rights, and corresponding obligations related to the implementation of the relevant investment projects referred to in paragraph 1 of this Article to legal entities being created — residents of Alatau.
3. All commercial, technological, socio-economic, and other indicators and characteristics of the investment project, as well as the objectives of implementing the said project, stated in business plans and work programs for which positive conclusions were issued and/or the relevant land plots were granted, shall constitute obligations of the owners or land users in respect of the said land plots, unless otherwise follows from the legislation of the Republic of Kazakhstan, land use agreements, or does not contradict the conditions and grounds for approval and designation of the projects as investment projects and the subsequent granting of the relevant land plots.
The said obligations shall be included in the business licenses issued upon the creation of legal entities in accordance with Article 78 of this Constitutional Law.
4. In the event of non-performance or improper performance by owners or land users of the relevant obligations provided for in paragraph 3 of this Article, the administration shall be entitled, taking into account all established factual circumstances, to unilaterally refuse to perform the land use agreements, as well as to carry out compulsory seizure of the said land plots by virtue of their use in violation of the purposes for which such land plots were granted, in the manner provided for by this Constitutional Law.
Article 83. Transitional provisions in the sphere of architectural, urban planning, and construction activities in the city of Alatau
1. By decision of the Council, a special regime of regulation and urban planning regulation may be introduced in the territory of the city of Alatau in respect of certain categories of persons (hereinafter in this Article — the special regime), operating until the approval of the long-term plan and providing for the following measures:
1) suspension by the authorized bodies of the Republic of Kazakhstan of the issuance of permitting documents for the design and construction of construction projects and for passing permitting procedures in the sphere of construction;
2) suspension of construction of construction projects in respect of which permitting documents for design and construction had been obtained and/or permitting procedures in the sphere of construction had been completed before the date of entry into force of the special regime (hereinafter in this Article — permitting documents);
3) other measures provided for by the decision of the Council.
2. Permitting documents in respect of land plots located in the territory of prospective development where the special regime has been introduced shall be subject to validation.
Validation shall be carried out after owners and/or land users receive the notification provided for in paragraph 14 of Article 67 of this Constitutional Law, in order to confirm the compliance of the permitting documents with the long-term plan and/or master plan. Validation shall be carried out in the manner determined by a regulatory legal act of the administration.
3. Urban planning projects developed before the entry into force of this Constitutional Law in accordance with the legislation of the Republic of Kazakhstan regulating architectural, urban planning, and construction activities shall apply until the adoption of urban planning documents of the city of Alatau developed in accordance with this Constitutional Law.
4. Losses caused to owners or land users in connection with the introduction of the special regime shall not include lost profits and shall be compensated from budgetary funds. At the same time, an owner and land user who has not passed the validation procedure and who, after the introduction of the special regime, carried out new construction, expansion, modernization, technical re-equipment, reconstruction, restoration, and/or major repair of an existing construction project shall bear the costs of post-utilization (demolition) of such construction projects.
Article 84. Transitional provisions on land relations
1. Agreements on temporary gratuitous land use and agreements on temporary paid land use (lease) of land plots in the city of Alatau concluded before the entry into force of the provisions of this Constitutional Law regulating land relations may not be extended and shall remain in force until the expiration of their term or termination of the right of temporary gratuitous land use or temporary paid land use (lease) on the grounds provided for by this Constitutional Law.
The conclusion of agreements with such land users for a new term may be carried out by the administration in cases provided for by a regulatory legal act of the administration, as well as by subparagraph 4) of paragraph 4 of this Article.
2. In terms of the regulation of land relations in the city of Alatau, the following measures shall be provided for:
1) suspension of the provision of public services in the sphere of land relations in the city of Alatau, except for the cases specified in paragraph 4 of this Article;
2) establishment of a temporary commission under the akimat of the city of Alatau with a term of authority until 30 June 2029, consisting of representatives of the akimat of the city of Alatau and the administration (hereinafter in this Article — the commission), to resolve the issues specified in paragraph 4 of this Article;
3) documents issued before 1 July 2026 within the framework of public services in the sphere of land relations in the city of Alatau shall remain valid until the commission adopts a decision on such documents in accordance with paragraphs 4–9 of this Article;
4) other measures provided for by the decision of the Council.
Individual and legal persons having the documents specified in subparagraph 3) of part 1 of this paragraph shall apply to the commission and submit documents in the manner and according to the list determined by the decision of the commission.
3. By decision of the Council, the commission may be abolished before the expiration of its term of authority specified in subparagraph 2) of part 1 of paragraph 2 of this Article.
4. The commission shall make decisions on the following matters:
1) determining immovable property as recognized property in accordance with paragraph 10 of Article 69 of this Constitutional Law;
2) considering applications of individual and/or legal persons for the provision of public services in the sphere of land relations in the city of Alatau;
3) resuming the provision of public services in the sphere of land relations in the city of Alatau for certain categories of individual and/or legal persons;
4) concluding agreements on temporary gratuitous land use and agreements on temporary paid land use (lease) of land plots in the city of Alatau;
5) other matters related to the regulation of land relations in the city of Alatau that fall within the powers of the Commission.
5. The provisions set forth in paragraphs 2 and 4 of this Article shall not apply to construction projects implemented by the akimat of the city of Alatau and/or other authorized state bodies of the Republic of Kazakhstan.
6. A regulatory legal act of the administration adopted by decision of the Council shall determine:
1) the regulations on the Commission;
2) the procedure and time limits for determining immovable property as recognized property, as well as the persons recognized as owners of recognized property, in cases provided for in paragraph 10 of Article 69 of this Constitutional Law;
3) the procedure for regulating land relations for the purpose of considering and resolving the matters specified in paragraph 4 of this Article;
4) other matters assigned to the powers of the commission by decision of the Council.
7. Decisions of the commission adopted on matters within its competence shall be binding on the akimat of the city of Alatau, the administration, the bodies of the administration, other state bodies of the Republic of Kazakhstan and organizations, as well as the local executive bodies of other administrative-territorial units in cases provided for in paragraph 9 of this Article.
Acts of the akim of the city of Alatau, the administration, the bodies of the administration, other state bodies of the Republic of Kazakhstan and organizations, as well as the local executive bodies of other administrative-territorial units, shall be adopted on the basis of the commission’s decision.
8. If the commission decides to include immovable property in the category of recognized property in cases provided for in paragraph 10 of Article 69 of this Constitutional Law, the market value of such property and the procedure for its compensation shall be determined in accordance with Article 69 of this Constitutional Law.
9. If the commission decides to grant a right to a land plot outside the city of Alatau, the local executive bodies of the relevant administrative-territorial units shall provide such right to the land plot in the manner of assistance provided for in Article 27 of this Constitutional Law.
The local executive bodies of the relevant administrative-territorial units shall reserve land plots on land under state ownership for the granting of a right to a land plot in the case provided for in part 1 of this paragraph.
10. The previously established queue of citizens of the Republic of Kazakhstan for obtaining land plots for individual housing construction in the city of Alatau shall be terminated (dissolved).
Until 31 December 2027, the local executive bodies of the regions shall ensure the provision of equivalent places in the queue (taking into account the time and date of the original application, and the category of the settlement) for the free acquisition into ownership of a land plot for individual housing construction in the territory of the relevant administrative-territorial unit to citizens of the Republic of Kazakhstan who were in the queue for the free acquisition into ownership of a land plot for individual housing construction within the city of Alatau before the date of the first official publication of this Constitutional Law.
The procedure for special registration and the provision of an equivalent place in the queue in such cases shall be determined by a regulatory legal act of the central authorized body for land resources management, adopted in accordance with Article 27 of this Constitutional Law.
Article 85. Transitional provisions concerning individual persons carrying out core business in the city of Alatau
1. Individual persons carrying out core business in the territory of the city of Alatau before the entry into force of Article 39 of this Constitutional Law shall be entitled to carry out such core business in the territory of the city of Alatau for two years from the date of entry into force of the said Article. Upon expiration of the said transitional period, the carrying out of core business in the territory of the city of Alatau by individual persons shall be permitted only if they hold a business license.
2. Carrying out core business by individual persons in the territory of the city of Alatau without a business license shall entail the application of liability measures and other measures provided for by regulatory legal acts of the administration, aimed at ensuring compliance with the requirements of this Constitutional Law.
Article 86. Transitional provisions concerning exploration and extraction of common minerals in the city of Alatau and its suburban zone
1. Contracts and subsoil use licenses providing for exploration and/or extraction of common minerals on subsoil plots located within land plots granted for temporary land use in the city of Alatau and its suburban zone, concluded before the date of the first official publication of this Constitutional Law, shall remain in force. The term of such contracts and licenses shall not be extended.
2. Subsoil use rights for which land use rights to land plots had not been granted (or formalized) before the date of the first official publication of this Constitutional Law shall be deemed terminated by virtue of non-compliance with the provisions of Article 49 of this Constitutional Law.
3. The following increasing coefficients shall apply to the amounts payable for the use of land plots under the subsoil use contracts and licenses referred to in paragraph 1 of this Article:
1) 20 — from 1 January 2027;
2) 40 — from 1 January 2028;
3) 60 — from 1 January 2029.
4. The administration, by decision of the Council, shall be entitled to establish other rates of payment for the use of land plots under the subsoil use contracts and licenses referred to in paragraph 1 of this Article.
5. Upon termination of subsoil use rights under the licenses and contracts referred to in paragraph 1 of this Article, their holders shall be obliged to ensure reclamation of disturbed lands aimed at restoring the disturbed lands for further intended use in accordance with the master plan, and in the absence thereof — in accordance with the general plan of the city of Alatau.
Such reclamation shall, in addition to other works, include earthworks, special soil works, and bringing the land into conformity with the terrain (landscape). The results of reclamation and verification of its proper performance shall be carried out by a state body of the Republic of Kazakhstan determined by the Council.
Article 87. Temporary delegation of certain functions of the administration
1. Certain implementation and/or control functions of the administration may be temporarily delegated by the administration to central state bodies and local executive bodies of the Republic of Kazakhstan. The administration shall also be entitled to temporarily delegate certain implementation functions to quasi-public sector entities.
2. Temporary delegation of certain implementation and/or control functions of the administration shall be carried out by an act of the administration on the basis of a decision of the Council, which shall determine the relevant quasi-public sector entities, state bodies of the Republic of Kazakhstan, the scope of the delegated functions, the procedure and conditions for their exercise, as well as the term of such delegation.
3. The term of temporary delegation may not exceed three years.
4. If, for the implementation of the temporary delegation of certain functions of the administration provided for by this Article, the adoption of legal acts of the Republic of Kazakhstan is required, such acts may be adopted in the manner of assistance provided for in Article 27 of this Constitutional Law.
5. Quasi-public sector entities and state bodies of the Republic of Kazakhstan shall exercise the functions temporarily delegated to them on behalf of the administration, and decisions made by them within the scope of the delegated functions shall be deemed decisions of the administration. When exercising temporarily delegated functions, the said entities and state bodies shall apply the provisions of this Constitutional Law and the regulatory legal acts of the administration adopted for its implementation.6. Complaints against decisions and actions (inaction) of quasi-public sector entities and state bodies of the Republic of Kazakhstan exercising temporarily delegated functions shall be considered by the administration.
7. Temporary delegation of certain functions shall terminate on the date specified in the act of the administration on temporary delegation, or earlier — from the date of sending a notice by the administration to the relevant quasi-public sector entity and/or state body of the Republic of Kazakhstan on termination of such delegation.
8. Acts of the administration on temporary delegation of certain functions, as well as notices on termination of such delegation, shall be posted on the administration’s internet resource.
Article 88. Transitional provisions concerning regulatory legal acts of the administration to be coordinated with other state bodies of the Republic of Kazakhstan
1. Regulatory legal acts of the administration that, in accordance with this Constitutional Law, are subject to coordination with state bodies of the Republic of Kazakhstan shall be adopted within twelve months from the date the draft regulatory legal act is sent for coordination to the state body of the Republic of Kazakhstan.
2. If the time limits provided for in paragraph 1 of this Article expire and the regulatory legal act of the administration is not adopted due to the absence of coordination with the relevant state body of the Republic of Kazakhstan, the administration, by decision of the Council, shall be entitled to independently adopt a temporary regulatory legal act regulating the relevant sphere of public relations.
Such regulatory legal act may remain in force for no more than twenty-four months from the date of its entry into force.
3. If, based on the results of an analysis of the practice of applying the temporary regulatory legal act of the administration, it is established that the regulation introduced by it has caused significant negative consequences for the financial system or other public interests of the Republic of Kazakhstan, the relevant state body of the Republic of Kazakhstan shall be entitled to issue a regulatory legal act suspending the operation of the temporary regulatory legal act of the administration.
4. In the event of suspension of the temporary regulatory legal act of the administration, the administration and the relevant state body of the Republic of Kazakhstan shall continue the coordination procedure for the draft relevant regulatory legal act, which must be completed within a period not exceeding twelve months from the date of such suspension.
If coordination is not achieved within the said period, the decision on the further regulation of the relevant sphere of relations in the city of Alatau shall be made by the Council.
Article 89. Specific transitional provisions on ensuring the activities of the administration
1. Until 15 July 2026, the Government of the Republic of Kazakhstan shall ensure:
1) financing of the activities of the administration in 2026, including from the reserve of the Government of the Republic of Kazakhstan, in the amount determined by the decision of the Council;
2) assignment of budget classification codes for revenues and expenditures for financing the activities of the administration;
3) opening of a separate treasury cash account for conducting operations under the budget of the administration as an administrator of republican budget programs.
2. The akimat of the Almaty region shall ensure financing of the education expenses of the city of Alatau by transferring funds, including within the framework of general-purpose transfers, to the local budget of the city of Alatau in accordance with the transferred functions and time limits determined by a regulatory legal act of the administration by decision of the Council.
3. Until the entry into force of the regulatory legal act of the administration provided for in Article 34 of this Constitutional Law, the administration shall carry out procurement of goods, works, and services in accordance with procedures approved by the order of the Chief Executive Officer of the administration.
4. The administration shall be transformed into an organizational and legal form of a special management organization from the date of approval by the Council of the regulation on the administration. Such transformation:
1) is carried out by virtue of this Constitutional Law;
2) does not require the consent of the administration’s creditors;
3) is not grounds for amendment or termination of contracts concluded with the administration and does not entail termination of rights and obligations under such contracts and obligations.
Within five working days from the date of its transformation, the administration shall submit documents and information on its transformation to the justice authorities for entry of the said information into the National Register of Business Identification Numbers.
The Ministry of Justice of the Republic of Kazakhstan shall ensure entry of the said information into the National Register of Business Identification Numbers within three working days from the date of receipt.
Article 90. Procedure for the entry into force of this Constitutional Law
This Constitutional Law shall enter into force on 1 July 2027, except for:
1) paragraph 1 of Article 81 and paragraph 2 of Article 86, which shall enter into force ten working days after the date of its first official publication;
2) Articles 1, 2, 3, 4, 5, 6 and 7; subparagraphs 2), 5), 6), 7) and 8) of paragraph 1 and paragraph 2 of Article 8; Articles 10, 13, 14, 15, 16, 17 and 18; Article 19 (except paragraph 4); Articles 20, 21 and 22; Article 24 (except subparagraph 4) of paragraph 7); Articles 26, 27 and 28; paragraphs 1, 2, 3, 4 and 5, parts 1 and 2 of paragraph 6, and paragraphs 7, 8, 9, 10, 11 and 12 of Article 29; Article 30; Article 34 (in the part concerning the administration and its bodies); Articles 35 and 36; paragraph 1 of Article 37; Article 49; paragraphs 1 and 2 of Article 51; Articles 54 and 57; part 2 of paragraph 3 of Article 61; paragraphs 8, 13 and 14 of Article 67; Articles 69, 72, 77, 78, 79 and 80; Article 81 (except paragraph 1); Articles 82, 83, 84 and 85; Article 86 (except paragraph 2); Articles 87, 88 and 89, which shall enter into force on 1 July 2026;
3) Articles 23 and 25; part 3 of paragraph 6 of Article 29; Articles 33, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 55 and 60; paragraphs 1 and 2, part 1 of paragraph 3 and paragraph 4 of Article 61; Articles 62, 63 and 64; paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 15 and 16 of Article 67; Articles 68, 70, 73, 74, 75 and 76, which shall enter into force on 1 January 2027.
| President of the Republic of Kazakhstan K. TOKAYEV |