Wood code of the Republic of Kazakhstan

The code of the Republic of Kazakhstan of July 8, 2003 No. 477

 

Article 31. Long-term wood using on sites
state wood fund

1. wood resources on sites of the state wood fund are provided in long-term wood using on the basis of the tender protocol with the subsequent registration of the contract between the state wood owner and the wood user.
2. wood resources on sites of the state wood fund are provided in long-term using of wood for a period of 10 till 49 years to the wood users having means and capacities for implementation of wood exploitation and experts of the corresponding qualification.
2-1. The natural and legal entities conforming to the following requirements are allowed to participation in the tender on fixing in long-term wood using resources for preparation of wood:
1) existence of material base on the property right: equipment and the equipment for rolls, skidding, loading and removal of the wood providing performance of the established annual volume of cabins and wood restoration-ecological requirements at carrying out the stump-to-roadside works, the cabins of the wood established by rules on sites of the state wood fund;
2) existence of the fire equipment and the means of suppression provided by fire safety regulations in the woods;
3) presence of the technical officer – the executive having higher education in (logging, wood engineering business, a woodworking, woodry), or the corresponding secondary professional education and length of service in not less than three years;
4) presence of the personnel trained for works after a roll of trees, a stump of boughs, skidding, loading and wood removal;
5) presence of the expert responsible for labor protection and safety measures;
6) existence of the long-term three-year plan on the organization of preparation and wood processing, with the indication of sources of financing of actions.
3. In case of transfer of wood resources to long-term using of wood for wood preparation wood resources on a site of the state wood fund are transferred to the wood user by the area, allowing providing continuous and inexhaustible using wood resources according to wood management materials, but not exceeding area of a wood area.
4. Granting wood resources on sites of the state wood fund in long-term wood exploitation has to be carried out is public taking into account interests of the population living in the respective territory.
5. Unused wood resources on sites of the state wood fund, transferred to long-term using using, aren't subject to transition to property of the wood user after contract term.
Footnote. Article 31 with the changes made by the Law of the Republic of Kazakhstan from 1/25/2012 by No. 548-IV (becomes effective after ten calendar days after its first official publication).

 

Article 32. Terms of the contract long-term
wood using on sites
state wood fund

In the contract of long-term wood using on sites of the state wood fund the following conditions are specified:
1) borders of a site of the state wood fund on which are carried out using of wood in the form of extract from cartographic materials of wood management, with the indication of numbers wood having manufactured and wood quarters;
2) area and taxation indicators of a site of the state wood fund;
3) types of wood exploitation;
4) volumes (amount) of using of wood;
5) wood exploitation terms;
5-1) development and rational wood use resources, investment of actions for protection, protection and reproduction of the woods, processing of the wood resources specified in the competitive demand of the winner of the tender;
6) size of a payment for wood using’s and order of its introduction;
7) obligations of the parties on protection, protection and reproduction of wood resources;
8) responsibility of the parties for violation of terms of the contract;
9) No. 36-V (becomes effective after ten calendar days after its first official publication) is excluded by the Law of the Republic of Kazakhstan from 7/10/2012;
10) No. 538-IV (becomes effective from 1/01/2013) became invalid the Law of the Republic of Kazakhstan from 1/12/2012.
10-1) identification number;
11) other conditions provided by the wood legislation of the Republic of Kazakhstan and determined by a discretion of the parties.
Footnote. Article 32 with the changes made by laws of the Republic of Kazakhstan from 1/12/2007 by No. 224 (becomes effective from 1/01/2012); from 1/12/2012 No. 538-IV (an introduction order in action see Art. 2); from 1/25/2012 No. 548-IV (becomes effective after ten calendar days after its first official publication); from 7/10/2012 No. 36-V (becomes effective after ten calendar days after its first official publication).

 

Article 33. Form and state registration
contracts of long-term wood using
on sites of the state wood fund

1. The contract of long-term using of wood on sites of the state wood fund is signed in writing and is subject to the state registration in territorial divisions according to the rules approved by the Government of the Republic of Kazakhstan.
2. The contract of long-term wood using on sites of the state wood fund is considered the prisoner from the moment of his state registration.
Footnote. Article 33 with the change made by the Law of the Republic of Kazakhstan from 1/25/2012 by No. 548-IV (becomes effective after ten calendar days after its first official publication).

 

 

About approval of Rules of carrying out

tenders for provision of wood

resources on sites of state

wood fund in long-term

wood using

 

The order of the Minister of Agriculture of the Republic of Kazakhstan of October 7, 2015 No. 18-02/896. No. 12247 is registered in the Ministry of Justice of the Republic of Kazakhstan on November 6, 2015

 

12. The person which has shown willingness to participate in the tender sends in any form request for receipt of the tender documentation with indication of the name of lot (lots), prepares the tender on each lot separately according to the requirements established by the tender documentation and represents it to the organizer of the tender in a sealed envelope for registration.
From the moment of registration of the tender the person which has submitted the tender purchases a tender participant status.
13. The tender submitted by the participant of the tender shall contain:
1) the application for participation in the tender containing consent of the applicant for participation in the tender and its liabilities on accomplishment of conditions of the tender and the conclusion of the relevant agreement;
2) the list of documents, shown to the participant of the tender:
copies of the charter, certificate * or certificates of the state registration (re-registration);
note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before introduction of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and additions in some legal acts of the Republic of Kazakhstan concerning the state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity of the applicant as the legal entity;
copies of the document confirming the right to implementation of business activity, and also the copy of the document proving the identity (notarized in case of non-presentation of originals for a reconciliation) - for physical persons;
the balance sheet, the certificate of bank (banks) or its structural divisions of lack of overdue debt of the participant of the tender more than in three months preceding date of opening of envelopes with tenders, before bank (banks), issued not earlier than one month preceding date of opening of envelopes with tenders;
data about absence (availability) of a tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments, issued not earlier than one month preceding date of opening of envelopes with tenders;
documents on availability at the participant of the tender of necessary means and production capacities for implementation of forest exploitation, carrying out actions for protection, protection and reproduction of the woods (including documents on availability and the number of workers with indication of their qualification, length of service in the specialty);
3) the offered additional services and works directed to protection and reproduction of the woods, creation of new workplaces, provision of services to local population;
4) the plan of complex development in the organization of deep conversion of wood and nursery for plantation cultivation with the term of implementation of this plan within three years with indication of sources and the amounts of financing.

 

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