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BUDGET CODE OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2008 No. 95-IV ZRK

(The last edition from 03-04-2019)

This Code governs the budget, interbudget relations, establishes basic provisions, the principles and mechanisms of functioning of the budget system, education and use of budgetary funds, and also forming and use of National fund of the Republic of Kazakhstan.

General part

Section 1. Budget system

Chapter 1. General provisions

Article 1. Budget legislation of the Republic of Kazakhstan

1. The budget legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, consists of of this Code and other regulatory legal acts which acceptance is provided by this Code.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

Article 2. Action of the budget legislation of the Republic of Kazakhstan

1. The budget legislation of the Republic of Kazakhstan acts on all territory of the Republic of Kazakhstan and extends on all physical persons and legal entity.

2. The provisions of this Code concerning public institutions do not extend to the National Bank of the Republic of Kazakhstan and public institutions financed from the budget (expense budget) of National Bank of the Republic of Kazakhstan, except as specified, provided by this Code.

3. Acts of the Government of the Republic of Kazakhstan and local executive bodies of distribution of money respectively from republican and local budgets for the next financial year void after the termination of the corresponding financial year, except for provisions of these acts of assignment on returnable basis.

Actions of appendices to the law on the republican budget (the decision of maslikhat on the local budget) by second and third of planning period void with enforcement of the law on the republican budget (the decision of maslikhat on the local budget) for the next planning period.

4. The law on the republican budget, the decision of maslikhat on the local budget, acts of the Government of the Republic of Kazakhstan and local executive bodies about their realization, and also regulatory legal acts about modification and amendments in them become effective since January 1 of the corresponding financial year.

Article 3. The basic concepts used in this Code

1. In this Code the following basic concepts are used:

1) the aval - bill guarantee in case of which person which made it assumes liability on implementation of payment on the bill of exchange (completely or in part) for other person obliged on the bill of exchange;

2) untied grants - the grants which are not providing further borrowing by the Government of the Republic of Kazakhstan at the donor who provided grant, or joint financing from republican and local budgets;

3) the connected grants - the grants providing further borrowing by the Government of the Republic of Kazakhstan at the donor who provided grant, or joint financing from republican and local budgets within the appropriate budget program directed to realization of the connected grant;

4) the agreement on the connected grant - the contract between state body and the donor providing to the Republic of Kazakhstan free financial or technical assistance;

5)  No. 393-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.11.2015

Guarantee of bank - the obligation of bank to the central authorized body on budget implementation on debt repayment on guaranteed by the state I will occupy 6) in case of failure to pay the amount by the borrower according to the loan agreement according to the procedure and terms which are established by the agreement on provision of the state guarantee;

7) the approved budget - the budget approved by Parliament of the Republic of Kazakhstan or the relevant maslikhat;

8) debt servicing - cumulative payments in certain period of time of remuneration, commission charges, penalties and other payments following from borrowing conditions;

9) monitoring of debt - activities of the state on behalf of representatives it bodies for accounting, the analysis and control of process of forming, change and debt servicing;

10) debt repayment - return by the borrower of the received loan amount in the procedure established by the loan agreement, execution of other obligations following from the loan agreement;

11)  No. 393-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.11.2015

11-1) No. 131-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

12) the budget - the centralized cash fund of the state intended for financial provision of realization of its tasks and functions;

12-1) budget system - set of budgets and National fund of the Republic of Kazakhstan, and also budget process and the relations;

12-2) budgetary funds - money and other assets of the state, receipt in state-owned property and which expenditure are reflected in the budget in cash;

12-3) receivers of budgetary funds - the physical persons and legal entities receiving budgetary funds through the administrator of the budget programs and using them within implementation of the budget programs;

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