ORDER OF THE MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN

of June 9, 2025 No. 118-HK

About approval of Rules of establishment of cost and subject of the capital expenditures performed within the agreement of leasing

According to item 4 of Article 14 of the Budget Code of the Republic of Kazakhstan, I ORDER:

1. Approve the enclosed Rules of establishment of cost and subject of the capital expenditures performed within the agreement of leasing.

2. And budget policy of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan (further - the Ministry) in the procedure established by the legislation to provide to department of management of the state assets:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

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

3. To impose control of execution of this order on the supervising vice-Minister of Water Resources and Irrigation of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Water Resources and Irrigation of the Republic of Kazakhstan of June 9, 2025 No. 118-HK

Rules of establishment of cost and subject of the capital expenditures performed within the agreement of leasing

Chapter 1. General provisions

1. These rules of establishment of cost and subject of the capital expenditures performed within the agreement of leasing (further - Rules) are developed according to item 4 of Article 14 of the Budget code of the Republic of Kazakhstan and determine procedure for establishment of cost and subject of the capital expenditures performed within the agreement of leasing.

2. The basic concepts used in these rules:

1) the special equipment is the specialized machines and mechanisms intended for operation and repair of water management constructions;

2) the subordinated organization - the subordinated organization of authorized body in the field of use and protection of water fund, water supply, water disposal;

3) the equipment is set of the technical devices, tools and mechanisms used for accomplishment of certain works for operation and repair of water management constructions;

4) the agreement of financial leasing - the transaction according to which the lessor shall transfer the leasing subject acquired to the possession at certain seller to the leasing recipient for certain payment and under certain conditions to temporary ownership and use for the term of more than one year which including provides insurance of subject of leasing;

5) payment of leasing payments - cost recovery of the leasing recipient on payment of leasing payments on the terms of financial leasing;

6) the schedule of leasing payments - information on terms, the amount of repayment of leasing payments, share of leasing payment on one financial service, the total amount of remuneration and the planned number of financial services in month created for each leasing recipient individually according to the agreement of financial leasing and accounting of delivery dates of subject of leasing;

7) the lessor - the participant of the leasing transaction who by the attracted and (or) own money acquires subject of leasing in property and gives him to the leasing recipient on terms of the contract of financial leasing;

8) the leasing recipient - the participant of the leasing transaction who accepts leasing subject on terms of the contract of financial leasing;

9) leasing payments - the periodical payments representing the total amount of payments under the agreement of financial leasing for all duration of the agreement of financial leasing which shall be calculated taking into account compensation of all cost of subject of leasing at the price of the moment of the conclusion of the agreement of financial leasing, and performed throughout the duration of the agreement of financial leasing;

10) leasing term - the term for which the subject of leasing is provided to the leasing recipient in temporary ownership and use according to the agreement of financial leasing;

11) the seller - the participant of the leasing transaction at whom the lessor acquires leasing subject based on the agreement of financial leasing;

12) authorized body in the field of use and protection of water fund, water supply, water disposal (further - authorized body) - the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements.

3. Payment of leasing payments is made at the expense of means of the republican budget according to the schedule of leasing payments.

4. Applications for leasing are submitted:

1) authorized body;

2) the subordinated organization of authorized body (in coordination with authorized body).

5. The authorized body exercises centralized process control of submission of requests.

6. The request for leasing contains:

1) the cover letter signed by the first head (in any form);

2) the explanatory note with indication of the name of subject of leasing, its cost, specific characteristics, the purpose and the bases of acquisition of subject of leasing;

3) copy of the agreement of financial leasing.

All requests shall include the detailed reasons based on the analysis of the flowing and predicted risks, and also efficiency evaluation of use of the equipment.

In cases of acquisition of the special machinery and equipment of national and (or) foreign production in the request are specified the manufacturing plant of this equipment.

The leasing recipient provides justification of the names of subject of leasing, its characteristic and cost of service of leasing specified in the request.

7. The authorized body establishes subject of the capital expenditures performed within the contract of leasing for compliance to strategic priorities of department and also to urgent requirements.

Chapter 2. Procedure for establishment of cost and subject of the capital expenditures performed within the agreement of leasing

8. The cost of capital expenditures of leasing is established according to formula:

Tstoppl = Tpto + (Plgod * Sgod) where:

Tstoppl - the Price of goods and the equipment plus leasing percent;

Tpto - the Prices of producers of the machinery and equipment acquired on the terms of financial leasing;

Plgod - leasing Percent the year established by the agreement of financial leasing;

Sgod - the Term of leasing of years, according to the schedule of leasing payments.

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