LAW OF THE KYRGYZ REPUBLIC

of May 30, 2022 No. 36

About Road fund

Accepted by Jogorku Kenesh of the Kyrgyz Republic on April 21, 2022

Article 1. Purpose and appointment of Road fund

1. This Law determines the legal basis and sources of formation of Road fund of the Kyrgyz Republic (further - Road fund), its appointment and use.

2. The purpose of creation of Road fund is formation of financial resources for designing, constructions, contents, repair, reconstruction and technical development of highways public and road industry in the territory of the Kyrgyz Republic. The road fund is the trust fund.

3. Funds of Road fund are accumulated in the republican budget, have special purpose and are not subject to withdrawal or expenditure for other needs.

Article 2. Sources of formation of means of Road fund

1. Means of Road fund are formed at the expense of the following sources:

1) the assignments from the republican budget directed to designing, construction, reconstruction, repair and content of highways public and road constructions;

2) at least fifty percent of the excise tax on gasoline, light and average distillates and other gasolines, diesel fuel, the liquefied hydrocarbonic gas (LHG) used as automobile fuel, engine oils for diesel and (or) carburetor (injector) engines;

3) registration fees of automotor-vehicles;

4) charges for the omission of vehicles with particular and non divisible load on highways public;

5) charges for weighing and measurement of the maximum sizes and other linear parameters of vehicles;

6) charges for driving through artificial constructions on highways public;

7) the charges for driving through highways public levied from load carrying transport and buses;

8) money on account of the indemnification and damage caused to highways by the vehicles transporting heavy and bulky cargoes;

9) penalties for non-compliance (excess) of the weight and dimensional parameters of vehicles for driving through highways public set admissible regulations;

10) payments from transfer to lease of the parcels of land located in strip of branch and roadside strip of highways public;

11) foreign investments and grants;

12) non-paid receipts from physical persons and legal entities on financial provision of road activities, including donations;

13) means on projects of public-private partnership in the sphere of highways;

14) means from collection of the state fee in case of issue of licenses and permissions in the sphere of road and water transport;

15) the money arriving in the republican budget from payment of penalties (penalties, penalty fee), and also from indemnification of the state customer, the conditions of the public contract or other agreements financed by means of Road fund collected in accordance with the established procedure in connection with violation by the contractor (contractor) or in connection with evasion from the conclusion of such contract or other agreements;

16) the money deposited by the participant of tender or the auction held for the purpose of the conclusion of the public contract financed by means of Road fund as tender security on participation in such tender or auction in case of evasion of the participant of tender or auction from the conclusion of such contract and in other cases established by the legislation of the Kyrgyz Republic.

2. The amount of the charges, penalties and receipts provided by part of 1 this Article procedure for their charge, accounting, control of correctness of calculation, completeness and timeliness of payment are established according to the tax, non-tax legislation and the legislation on offenses and public procurements.

Article 3. Use of means of Road fund

1. Means of Road fund are used on:

1) financing of designing, construction, content, repair, reconstruction and development of highways public;

2) acquisition of machines, mechanisms and equipment for construction, content and repair of highways public;

3) development of objects of road and roadside service according to the program for their development and technical assistance to vehicles on public roads;

4) the edition of periodicals in industries, preparation and the edition of office literature, books, benefits, normative and technical documents, standards, newsletters and education guidances, blanks products, necessary for ensuring production economic activity of authorized body in the sphere of transport and communications of the Kyrgyz Republic;

5) preparation, retraining and personnel training;

6) scientific and technical researches;

7) management of road economy (administration and content central and territorial authorities of management of road economy) within the set limit on their content;

8) development of the social sphere in road economy;

9) other purposes which are not contradicting provisions of this Law and the legislation of the Kyrgyz Republic.

2. The income and expenses of Road fund join in the law on the republican budget separately.

3. Means of Road fund unused in the current year keep the special purpose, in the years ahead are not subject to withdrawal and are used strictly for purpose.

4. The authorized body in the sphere of transport and communications annually submits the report to the Cabinet of Ministers of the Kyrgyz Republic about expenditure of means of Road fund for the accounting period and calculation of necessary assignments with indication of objects of the direction of financial resources the next year.

Article 4. Governing bodies of Road fund

1. Governing bodies of Road fund are:

1) the Supervisory board of Road fund - the supreme body of management;

2) the secretariat of Road fund - executive body.

2. Powers of governing bodies of Road fund, procedure for their interaction on distribution of means of Road fund affirm the Cabinet of Ministers of the Kyrgyz Republic.

Article 5. Audit of Road fund

1. Audit of activities of Road fund is performed according to the budget legislation.

2. The supervisory board of Road fund has the right to initiate substantive financial audit of Road fund.

Article 6. Responsibility for use of means of Road fund for purpose

Responsibility for use of means of Road fund strictly for purpose is conferred on authorized body in the sphere of transport and communications.

Article 7. About enforcement of this Law

This Law becomes effective since January 1, 2023.

To the Cabinet of Ministers of the Kyrgyz Republic in six-months time to bring the regulatory legal acts into accord with this Law.

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