On the signing of the Protocol between the Republic of Kazakhstan and the Russian Federation on measures to terminate the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill (5580 testing base) dated January 20, 1995, and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site (5580 testing base) dated October 18, 1996
Decree of the President of the Republic of Kazakhstan dated October 14, 2016 No. 359
In accordance with Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I DECREE: 1. To approve the attached draft Protocol between the Republic of Kazakhstan and the Russian Federation on measures to terminate the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill (5580 testing base) dated January 20, 1995, and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site (5580 testing base) dated October 18, 1996. 2. To authorize the Minister of Defense of the Republic of Kazakhstan, Saken Adilkhanovich Zhasuzakov, to sign on behalf of the Republic of Kazakhstan a Protocol between the Republic of Kazakhstan and the Russian Federation on measures to terminate the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba test site (5580 testing support base) dated January 20, 1995, and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site (5580 testing base) dated October 18, 1996, by allowing changes and additions that are not of a fundamental nature. 3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated October 14, 2016 No. 359
Project
Protocol between the Republic of Kazakhstan and the Russian Federation on measures to terminate the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba polygon (5580 testing support base)dated January 20, 1995, and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site (5580 testing base) dated October 18, 1996
The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, taking into account the provisions of Agreements between the Republic of Kazakhstan and the Russian Federation on the terms of use and lease of the Emba landfill (5580 testing base) dated January 20, 1995 (hereinafter referred to as the Agreement) and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site (5580 testing base) dated October 18, 1996 (hereinafter - Agreement), based on paragraph (b) Article 54 of the Vienna Convention on the Law of Treaties of May 23, 1969, agreed as follows.
Article 1
The Agreement and the Contract expire on January 1, 2017.
Article 2
The Joint Commission, formed in accordance with Article 5 of the Agreement, carries out the acceptance and transfer of land, movable and immovable property until the termination of the Agreement and the Contract. Land plots, movable and immovable property are transferred by the Russian Federation to the Republic of Kazakhstan in a condition suitable for further operation, taking into account their depreciation on the basis of acceptance and transfer certificates. If it is impossible to return the leased property in a condition suitable for further operation, the Russian Federation shall reimburse the Republic of Kazakhstan for the value equivalent of the property, taking into account its depreciation at the end of the lease term.
Article 3
All mutual claims between the Parties for non-fulfillment, partial non-fulfillment or improper fulfillment of obligations under the Agreement and The agreement must be settled by the Ministries of Defense of the Parties in accordance with the legislation of the Parties. Acceptance and transfer of land plots, movable and immovable property is carried out by a Joint Commission by signing relevant acts.
Article 4
All disputes and disagreements arising in the interpretation and application of the provisions of this Protocol shall be resolved by the Parties through mutual consultations and negotiations.
Article 5
This Protocol shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Protocol shall terminate simultaneously with the termination of the Agreement and the Contract.
Committed in the city __________ "___" __________ 2016 in two copies, each in Kazakh and Russian, both texts having the same validity.
For the Republic of Kazakhstan For the Russian Federation
President
Republic of Kazakhstan
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