ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of May 30, 2025 No. 267

About approval of Rules of recognition of budget credits hopeless to collection

According to Item 1 of Article 160 of the Budget code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of recognition of budget credits hopeless to collection.

2. To provide to department of the budget crediting, National fund of the Republic of Kazakhstan and interaction concerning the financial sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) the direction of the copy of this order in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan after its official publication.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of May 30, 2025 No. 267

Rules of recognition of budget credits hopeless to collection

Chapter 1. General provisions

1. These rules of recognition of budget credits hopeless to collection (further – Rules) are developed according to Item 1 of Article 160 of the Budget code of the Republic of Kazakhstan and determines procedure for recognition of budget credits hopeless to collection.

Rules are applied to credit debt, provided from republican and local budgets.

2. Debt, hopeless to collection, on budget credits, and also the means issued on execution of the state guarantees (further – bad debt on budget credits) – debt of borrowers overdue, outstanding at the scheduled time, the confided (agents), final borrowers on budget credits, granted from republican and local budgets till 2005.

The debt on which there are no supporting documents about provision of budget credits (credit agreements, payment documents, details of borrowers, the confided (agents), final borrowers) belongs to bad debt on budget credits.

The bad debt on budget credits includes arrears to republican and local budgets for principal debt, remuneration on it and penalty fee (further – overdue debt on budget credits).

3. The bad debt does not join debt on budget credit of the borrowers who are at stage of bankruptcy and liquidation.

Chapter 2. Procedure for determination of budget credits hopeless to collection

4. The State Treasury annually no later than July 15 of the current year creates the Register of overdue debt on budget credits on which for January 1, 2025 there are no supporting documents (further - the Register) according to appendix to these rules. The register contains the following information:

name of borrowers / attorneys (agents) / final borrowers;

registration taxpayer number (RTN) / business and identification number (BIN) of borrowers / final borrowers;

number and date of the credit agreement;

loan currency;

credit amount;

loan repayment period;

overdue debt for January 1, 2025.

5. The central authorized body by budget implementation based on the received Register annually till August 1 of the current year sends inquiry to National Bank of the Republic of Kazakhstan (further – National Bank) and local executive bodies for provision of copies of payment orders for transfer of the budget credits granted during the period from January 1, 1990 to December 31, 1996 concerning the borrowers specified in the Register.

The National Bank and local executive bodies annually till November 1 of the current year represent to the central authorized body on budget implementation information on availability / lack of copies of payment orders.

6. The central authorized body by budget implementation in case of establishment of new data on overdue debt of the borrowers outstanding at the scheduled time specified in the Register as of January 1, 2005 sends additional inquiry to National Bank and local executive bodies.

7. The central authorized body by budget implementation after obtaining from National Bank and local executive bodies of details of the borrowers specified in copies of payment orders annually till December 1 of the current year sends inquiries to the authorized body performing regulating, realizable and control functions in the sphere of registration of legal entities, accounting registration of branches and representations, acts of civil status and apostilization, registration of the rights to real estate, pledge of personal estate, the state technical inspection of real estate, the organization of legal services and licensing and the authorized body performing management in the sphere of archiving and documentary providing (further – judicial authorities and archive) and for provision of data:

about liquidation or bankruptcy of borrowers, final borrowers with application of copies of orders;

about form of business of the borrower or his legal successor, legal address, registration / business identification taxpayer number.

8. The central authorized body on budget implementation annually till December 30 of the current year enters the following documents confirming overdue and outstanding debt on budget credits into the Integrated automated information system E-Ministry of Finance:

copies of payment orders;

copies of credit agreements and supplementary agreements to them;

copies of liquidation orders or bankruptcy of the borrower, final borrowers;

copies of death certificates of the borrower (in case of their availability);

copies of certificates on the property right (other corporeal right) to real estate;

copies of decisions of the courts about recognition of the borrower, final borrower by the bankrupt;

copies of decisions of the courts about refusal in satisfaction or partial satisfaction of the claim of the creditor.

9. The central authorized body on budget implementation creates the Republican commission on recognition of the budget credits granted at the expense of means of the republican budget, hopeless to collection (further – the Republican commission).

The structure and provision of the Republican commission affirms the decision of the central authorized body on budget implementation

10. The local executive body of area, city of republican value, the capital, area (city of regional value) creates Regional commission on recognition of the budget credits granted at the expense of means of the local budget, hopeless to collection (further – Regional commission).

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