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BUDGET CODE OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2008 No. 95-IV ZRK

(as amended on 30-06-2021)

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;

7-1) forecast consolidated financial statements - the information on financial position, movement and results of net assets, obligations, the income and expenses on accrual method coordinated to macroeconomic indicators created on the basis of the budget and financial reporting;

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;

12-4) inefficient plannings and (or) inefficient use of budgetary funds - the planning and (or) use of budgetary funds which are not corresponding to the principles of the budget system;

12-5) not development of budgetary funds - the amount of excess of funding plan which developed following the results of the accounting period on payments over the paid obligations according to the budget program, except for economy of budgetary funds, unallotted remaining balance of reserves of the Government of the Republic of Kazakhstan and local executive bodies, and also the amounts of return of the target transfers on development allocated in the expired financial year, permitted to doispolzovat according to the decision of the Government of the Republic of Kazakhstan or local executive bodies;

12-6) budget process - the activities of state bodies for planning, consideration, approval, execution, refining and adjustment of the budget, conducting financial accounting and the financial reporting, the budget accounting and budget reports, the state audit and financial control, the budget monitoring and assessment of results regulated by the budget legislation of the Republic of Kazakhstan;

12-7) integrator in the field of the budget process - the legal entity whose single shareholder is the state determined by the central authorized body by budget implementation to which functions on ensuring automation of the budget process, and also other functions provided by this Code are assigned;

13) local authorized body on execution the byudzhetaispolnitelny body financed from the local budget, performing functions in the sphere of budget implementation, conducting financial accounting, budget accounting and budget reports on execution of the local budget;

14) the central authorized body on budget implementation - the central executive body performing management and cross-industry coordination in the field of budget implementation, conducting financial accounting, the budget accounting and budget reports on execution of the republican budget and, within the competence, local budgets, Fund of compensation by the victim, National fund of the Republic of Kazakhstan based on the report of National Bank of the Republic of Kazakhstan;

14-1) No. 102-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.06.2013

14-2) inefficient execution of the budget programs - the expenditure of budgetary funds which is not corresponding to the following principles of the budget system: effectiveness, justification, efficiency, responsibility, targeting and special-purpose character of budgetary funds;

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

15-1) central authorized body on budgetary planning - the central executive body performing management and cross-industry coordination in the field of budgetary planning;

16) budget investments - the financing from the republican or local budget directed to creation and (or) development of assets of the state by implementation of the budget investment projects and also forming and (or) increase in the authorized capital of legal entities, except for the assets directed to initiation of efficient measures for ensuring social and economic stability;

17) the budget investment project - set of the actions directed to creation (construction) new or reconstruction of the available objects, and also creation and development of objects of informatization, except for the objects of informatization intended for realization of the tasks aimed at providing activities of the President of the Republic of Kazakhstan, and also objects of informatization of the special state bodies realized at the expense of the budgetary funds directly by the administrator of the budget program during the certain period of time and having complete nature;

17-1) economic conclusion according to the budget investment project - the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of the budget investment project, its influence on national economy and the compliance to strategic and (or) program documents prepared based on the conclusion of economic examination of the feasibility statement on the budget investment project;

17-2) economic examination of the feasibility statement on the budget investment project - complex assessment of information provided in the feasibility statement, regarding determination of feasibility and efficiency of the project, carried out based on the conclusion of industry examination and required according to the budget legislation of the Republic of Kazakhstan of other conclusions of examinations;

18) fiscal capacity - cost of the state services counting on unit of receivers of these services provided at the expense of means of the relevant budgets;

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

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

21) the budget relations - the relations arising in the budget process;

22) budget transactions - the transactions performed in the course of budget implementation;

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

24) grant - the free financial or technical assistance provided by donors to the state organizations of the Republic of Kazakhstan;

25) donors - foreign states, their governments and the agencies, the international and foreign state organizations, foreign non-governmental public organizations and funds, whose activities does not contradict the Constitution of the Republic of Kazakhstan;

26) accounting financial year - the year preceding the current financial year of planning period;

26-1) limit of debt of local executive body - the fixed amount of the obtained and outstanding loans of local executive body established by the central authorized body on state planning for local executive bodies of area, city of republican value, the capital for the corresponding financial year which the actual debt of local executive body for the set date shall not exceed (for the end of the corresponding financial year);

27) debt of local executive body - the amount of the obtained and outstanding loans of local executive body for certain date;

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

29) planning period - three financial years following the current financial year;

29-1) economic conclusion on budget investments by means of participation of the state in the authorized capital of legal entities - the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of budget investments, their influence on national economy and the compliance to strategic and (or) program documents prepared based on the conclusion of economic examination of financial economic case of budget investments by means of participation of the state in the authorized capital of legal entities;

29-2) economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities - complex assessment of information provided in financial and economic reasons, regarding compliance of actions to criteria of justification and effectiveness, carried out based on the conclusion of industry examination and required according to the budget legislation of the Republic of Kazakhstan of other conclusions of examinations;

29-3) budget investments by means of forming and (or) increase in the authorized capital of the legal entity - implementation of actions, aimed at the development of the legal entity by means of forming and (or) increases in its authorized capital from the republican or local budget;

30) the investment offer - the conceptual offer proving feasibility of implementation of the state investment projects within implementation of state programs and development programs of the territories for goal achievement, reflecting ways of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of the budget programs;

30-1) economic conclusion of the investment offer - complex assessment of information provided in the investment offer, with use of the analysis of benefits and costs, carried out based on the conclusion of industry examination and other conclusions of the examinations required according to the budget legislation of the Republic of Kazakhstan;

30-2) institutional project - set of the actions aimed at the institutional development of industry (sphere), realized directly by the administrator of the budget program during the certain period of time, having complete nature and financed through the state borrowing by the conclusion of the loan agreement;

31) subjects of the quasi-public sector - the state companies, limited liability partnerships, joint-stock companies, including national managing holdings, national holdings, the national companies, founder, the participant or the shareholder of which is the state, and also the affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan;

32) the next financial year - the year following the current financial year;

33) the partner - the party of the bargain on hedging of government loans concluded with authorized body on budget implementation;

33-1) concessionary project - set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About concessions";

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

35) the standard rate of income distribution - percentage ratio of distribution of income types between budgets of different levels;

36) residents of the Republic of Kazakhstan - the legal entities created according to the legislation of the Republic of Kazakhstan with the location in the Republic of Kazakhstan, and also their branches and representations with the location in the Republic of Kazakhstan and (or) beyond its limits;

36-1) treasurer maintenance - activities for implementation of the current control of target use of the funds allocated for implementation of the budget investment projects connected with construction, to ensuring completeness of tax payment and other payments in the budget with participants of implementation of the budget investment project - the prime contractor and subcontractor at all stages of carrying out payments through control accounts of cash;

37) the financial agency - national managing holding and legal entities whose hundred percent of shares belong to national managing holding, and also bank or the organization with absolute participation of the state performing the separate types of banking activities authorized according to the legislation of the Republic of Kazakhstan on realization of the state investment policy in certain spheres of economy and performing for this purpose borrowings in the financial market of the Republic of Kazakhstan and (or) the international financial market;

38) financial year - the period of time which is beginning on January 1 and coming to an end on December 31 calendar year during which budget implementation is performed;

39) financing - allocation of budget money to their receivers;

40) the financial reporting - information on financial position, financial results of activities and changes of financial position of objects of the state audit and financial control which forms and amounts are determined by the central authorized body by budget implementation if other is not provided by legal acts of the Republic of Kazakhstan;

41) borrowing - the process including procedures of decision making about need of attraction of borrowed funds, determinations of procedure and conditions of attraction, use, repayment and servicing of loan, the procedure of negotiations, providing and guarantees of obligation fulfillment, registration and signing of the relevant documents on loan, ratification of the loan agreement (in case of the state external borrowing), obtaining, uses of means of loan, including accounting procedures, control and the analysis of obligation fulfillment by the parties;

42) the creditor - person who granted the state or non-state loan under the state guarantee or the guarantee of the state or the representative of holders of infrastructure bonds;

42-1) servicing of loan - activities of the central or local authorized body for budget implementation or bank on accounting of use of means of loan on accounts of the borrower and implementation by the borrower of payments of remuneration, commission and other payments in accordance with the terms of loan;

42-2) restructuring of loan - change by agreement of the parties terms, financial and other conditions of execution of agreement obligations of loan by them;

43) the loan agreement - the agreement owing to which the borrower receives means of loan and incurs obligations to the creditor on their return and payment of remuneration, and also on other payments connected with loan;

43-1) standard rate of the direction of funds for actions for environmental protection - the share of the income arriving from payment for negative impact on the environment, directed to actions for environmental protection according to the Ecological code of the Republic of Kazakhstan;

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

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

46) assets of the state - the property and non-property benefits and the rights having cost assessment, received in state-owned property as a result of last transactions or events;

47) the loan attracted under the guarantee of the state, the non-state loan performed by means of release of infrastructure bonds;

48) debt according to guarantees of the state - the amount for certain date of the obtained and outstanding amounts of the non-state loans attracted under the guarantee of the state;

49) limit of provision of guarantees of the state - the fixed amount approved by the law on the republican budget for the corresponding financial year within which guarantees of the state can be issued;

50) the debt guaranteed by the state - the amount for certain date of the obtained and outstanding non-state loans provided with the state guarantees;

Guaranteed by the state I will jam 51) - the non-state loan provided with the state guarantee;

52) refinancing of public debt - repayment of public debt at the expense of means of new borrowing;

53) non-state loan - the loan relations in which as the borrower the resident of the Republic of Kazakhstan, except for the Governments of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and local executive bodies acts;

53-1) state obligations on projects of public-private partnership - set of the rights and obligations of the state partner in the amount allocated from the government budget, for certain date assumed and the financial liabilities which are not fulfilled by the state partner in the signed agreements of public-private partnership;

53-2) project of public-private partnership - set of the consecutive actions for implementation of public-private partnership realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About state-private partnership"»;

54) local authorized body on state planning - the executive body financed from the local budget, performing functions in the sphere of strategic, economic and budgetary planning in the corresponding administrative and territorial unit;

55) the central authorized body on state planning - the central executive body performing management and cross-industry coordination in the field of strategic and economic planning, development and forming of the budget policy and also on forming and realization of state policy in the sphere of regional development;

56) limit of provision of the state guarantees - the fixed amount approved by the law on the republican budget for the corresponding financial year within which the state guarantees can be issued;

56-1) state concessionary obligations - set of the rights and obligations of the concedent on the amount for certain date of the financial liabilities assumed and not fulfilled by the concedent under the signed agreements of concession;

56-2) No. 393-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.11.2015

57) state loan - the loan relations in which act as the borrower the Government of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan or local executive bodies. For the purposes of of this Code attraction of Islamic financing by release and placement of the government Islamic securities issued by the state-owned Islamic special finance company is considered as state loan and is performed taking into account the features established by this Code, other laws of the Republic of Kazakhstan, and also conditions of release of the government Islamic securities;

57-1) state investment project - complex of the actions directed to achievement of strategic objectives of the state by implementation of budget investments and projects implementation of public-private partnership, including concessionary projects;

58) the government issued security - the issued security certifying the rights of her holder concerning loan in which act as the borrower the Government of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and local executive bodies, or certifying the rights of her holder to receipt of the income from use of assets based on the lease agreement;

59) placement state issued valuable bumagotchuzhdeniye of the government issued securities of the Government of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and local executive bodies to the first owners by means of the conclusion of civil transactions;

60) the specified budget - the approved budget taking into account the changes and amendments accepted by Parliament of the Republic of Kazakhstan or the relevant maslikhat during its execution;

61) indicators of results - set of the target indicators, straight lines and resulting effects characterizing activities of state body for implementation of the strategic plan, development program of the territory and (or) the budget programs;

62) the amount of principal debt - the due for settlement amount of the loan obtained and not returned to the creditor without the amounts of remuneration charged on it, penalties (penalty, penalty fee);

62-1) target indicator - the indicator which is quantitatively measuring goal achievement of the strategic plan or development program of the territory;

62-2) mutually repayable transactions - the transactions performed when forming the government budget, budget of area and area (city of regional value), and also reports on their execution connected with exception of the amounts of the transfers, budget credits and other money transferred from one level of the budget on another for the purpose of exception of the double account;

62-3) tax potential of the region - the greatest possible amount of receipts of taxes and other obligatory payments of the budget expected for determination of amounts of the income of the region in case of establishment of the sizes of transfers of general nature the three-year period;

63) free financial aid - provision by donors to the state organizations of the Republic of Kazakhstan of money for financing of delivery of goods, performance of works and rendering services;

64) free technical assistance - implementation or the organization by donors of delivery of goods, performance of works and rendering services to the state organizations of the Republic of Kazakhstan;

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

66) the insurance contract - the agreement providing the obligation of insurance company to the central authorized body on budget implementation on compensation of the damage which resulted from derivation of funds from the republican budget for obligation fulfillment for guarantees of the state or the state guarantees;

67) unstable (floating) rate of remuneration - remuneration rate on the credits, loans or the income on securities with remuneration, subject to changes depending on market conditions;

68) the external loan - the loan relations in which the nonresident of the Republic of Kazakhstan acts as the creditor, and borrower - the Government of the Republic of Kazakhstan or resident of the Republic of Kazakhstan;

68-1) organization for upgrade and development of housing and communal services - joint-stock company with absolute participation of the state which activities are directed to upgrade and development of housing and communal services;

69) direct result - the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service;

70) resulting effect - the indicator of the budget program which is quantitatively measuring goal achievement of the strategic plan, development program of the territory and (or) the budget program, caused by achievement of direct results of activities of state body;

71) government debt - the amount of the state loans received and not extinguished by the Government of the Republic of Kazakhstan and also carried according to legal acts of the Republic of Kazakhstan on debt of the Government of the Republic of Kazakhstan of debt obligations for certain date;

72) limit of government debt - the fixed amount of the obtained and outstanding government loans approved by the law on the republican budget for the corresponding financial year which the actual debt of the Government of the Republic of Kazakhstan for the set date shall not exceed (for the end of the corresponding financial year);

73) hedging of government loans - transaction with financial instruments between authorized body on budget implementation and the partner with risk management objective (currency, percentage and others) government borrowing;

73-1) limit of provision of the state guarantees of the Republic of Kazakhstan of export support - the fixed amount approved by the law on the republican budget for the corresponding financial year within which the state guarantees of the Republic of Kazakhstan on export support can be issued;

73-2) obligation guaranteed by the state on export support - the amount for certain date of outstanding agreement obligations of insurance, provided with the state guarantee of the Republic of Kazakhstan on export support on which the national company performing functions on export support does not perform insurance payments;

74) internal loan - the loan relations in which the resident of the Republic of Kazakhstan acts as the creditor, and borrower - the Government of the Republic of Kazakhstan, local executive body or resident of the Republic of Kazakhstan.

2. Other concepts of the budget legislation of the Republic of Kazakhstan which are not specified in this Article are used in the values determined in the relevant articles of this Code.

The concepts of other industries of the legislation of the Republic of Kazakhstan used in this Code are applied in that value in what they are used in the corresponding industries of the legislation of the Republic of Kazakhstan if other is not provided by this Code.

In case of discrepancy of determinations of concepts of the budget legislation of the Republic of Kazakhstan with determinations of concepts of other industries of the legislation of the Republic of Kazakhstan in relation to the budget relations concepts of the budget legislation of the Republic of Kazakhstan are used.

Article 4. Principles of the budget system of the Republic of Kazakhstan

The budget system of the Republic of Kazakhstan is based on the principles:

1) the principle of unity - use of the single principles of the organization and functioning of the budget system, use of single budget classification, single procedures and technical solutions of the budget process in the Republic of Kazakhstan;

2) the principle of completeness - reflection in the budget and National fund of the Republic of Kazakhstan of all receipts and expenses, stipulated by the legislation the Republic of Kazakhstan, non-admission of offsettings of mutual requirements with use of budgetary funds, as well as concessions of the rights of requirements for budgetary funds;

3) the principle of realness - compliance approved (specified, corrected) budget indicators approved (specified, corrected) to parameters, the directions of forecasts of social and economic development, strategic plans of state bodies, development programs of the territories;

4) the principle of transparency - obligatory publication of the regulatory legal acts in the field of the budget legislation of the Republic of Kazakhstan approved (specified, corrected) budgets and reports on their execution, the civil budget, strategic plans and reports on their realization, on forming and on use of National fund of the Republic of Kazakhstan, except for the data which are the state or protected by the law other secret and also obligatory openness of the budget process for society and mass media;

5) the principle of the sequence - observance by state bodies of earlier made decisions in the sphere of the budget relations;

6) the principle of effectiveness - development and budget implementation, oriented to achievement of indicators of the results provided by strategic plans, development programs of the territories and (or) the budget programs of state bodies;

7) the principle of independence of the budget - establishment of stable distribution of receipts between budgets of different levels and determination of the directions of their expenditure according to this Code, the right of all levels of public administration to independently perform the budget process according to this Code, inadmissibility of withdrawal of the income which is in addition received in course of execution of local budgets, and remaining balance of budgetary funds of local budgets in higher budgets, inadmissibility of assignment on subordinate budgets of additional expenses without their corresponding compensation;

8) the principle of succession - planning republican and local budgets, based on the forecasts of social and economic development, basic expenses approved in previous periods, results of the budget monitoring, assessment of results;

9) the principle of justification - planning of the budget on the basis of regulatory legal acts and other documents determining need of inclusion in the budget statement of these or those receipts or expenses and justification of their amounts, and also use of budgetary funds and assets of the state according to the legislation of the Republic of Kazakhstan;

10) the principle of timeliness - transfer of receipts in republican and local budgets, into the control account of cash of National fund of the Republic of Kazakhstan and their transfer to accounts of the Government in National Bank of the Republic of Kazakhstan, adoption of obligations by public institutions according to individual funding plans according to obligations, carrying out payments according to individual funding plans on payments and transfer of budgetary funds for accounts of receivers of budgetary funds in terms with observance of the procedure established by the corresponding regulatory legal acts;

11) the principle of unity of cash desk - transfer of all revenues in the budget into the single treasurer account and implementation of all anticipated expenses from the single treasurer account in national currency;

12) the principle of efficiency - development and budget implementation proceeding from need of achievement of the best direct and resulting effect with use of the approved amount of budgetary funds or achievements of direct and resulting effect with use of smaller amount of budgetary funds;

13) the principle of responsibility - acceptance of the necessary executive and management decisions directed to achievement of straight lines and resulting effects and ensuring responsibility of administrators of the budget programs and heads of the public institutions and subjects of the quasi-public sector for decision making which are not corresponding to the legislation of the Republic of Kazakhstan;

14) the principle of targeting and special-purpose character of budgetary funds - the direction and use of budgetary funds by administrators of the budget programs, subjects of the quasi-public sector for achievement of indicators of the results provided by strategic plans, development programs of the territories and (or) the budget programs of state bodies, financial and economic reasons for budget investments by means of participation in the authorized capital of subjects of the quasi-public sector with compliance with law of the Republic of Kazakhstan.

Article 5. The regulatory legal acts influencing receipts and expenses of the budget

1. The drafts of the laws providing reducing state revenues or increase in the public expenditures can be introduced in the Majilis of Parliament of the Republic of Kazakhstan only in the presence of the positive conclusion of the Government of the Republic of Kazakhstan. The conclusion of the Government of the Republic of Kazakhstan on the drafts of the laws providing reducing receipts or increase in expenses republican and local budgets and (or) National fund of the Republic of Kazakhstan, is created taking into account offers of the Republican budget commission.

For drafts of the laws introduced to the Majilis of Parliament of the Republic of Kazakhstan according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan, availability of such conclusion is not required.

Provisions of drafts of presidential decrees of the Republic of Kazakhstan, the orders of the Government of the Republic of Kazakhstan, normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies, normative legal resolutions of the central state bodies, normative legal orders of heads of departments of the central state bodies with direct competence on their approval of regulatory legal acts of state body which structure includes department the providing reducings receipts or increase in expenses republican and local budgets and (or) National fund of the Republic of Kazakhstan, are subject to obligatory consideration by the Republican budget commission.

2. Provisions of the acts specified in Item 1 of this Article can be enacted not earlier than the following financial year provided that the positive conclusions of the Government of the Republic of Kazakhstan taking into account offers of the Republican budget commission are drawn in the first half of the current year.

If the positive conclusions are drawn in the second half of the current year, the specified provisions can be enacted not earlier than the financial year following planned.

3. The drafts of decisions of local representative bodies providing increase in expenses or reducing the income of local budgets can be submitted for consideration of maslikhats only in the presence of the positive conclusion of the akim. The conclusion of the akim is created taking into account offers of the relevant budget commission.

The provisions of drafts of acts of local executive bodies providing increase in expenses or reducing the income of local budgets are subject to obligatory consideration by the relevant budget commission.

4. The provisions specified in Item 3 of this Article can be enacted not earlier than the following financial year in the presence of the positive conclusion of the akim taking into account offers of the relevant budget commission.

5. The provisions specified in Items 2 and 4 of this Article do not extend to the laws on modification and amendments in the law on the republican budget and decisions of maslikhats on modification and amendments in decisions of maslikhats on the local budget, and also to regulatory legal acts about their realization.

6. The provisions specified in Item 2 of this Article do not extend to the regulatory legal acts providing change of customs rates, tax rates, tax base and taxation objects.

7. For the acts specified in Items 1 and 3 of this Article providing reducing receipts in the form of administrative penalties, penalty fee, sanctions, penalties, imposed by the public institutions financed from republican or local budgets, and also containing and financed from the budget (expense budget) of National Bank of the Republic of Kazakhstan, and (or) penalties, penalty fee, sanctions, penalties for budget credits (loans) issued from the budget, and other not predicted non-tax receipts in republican and local budgets and (or) National fund of the Republic of Kazakhstan, availability of the conclusion of the relevant budget commission it is not required.

Article 5-1. Functions of the integrator in the field of the budget process

The integrator in the field of the budget process:

1) performs development of technical documentation, except for operational, on creation and development of information systems of state bodies in the field of the budget process;

2) is performed by system maintenance and maintenance of information systems of state bodies in the field of the budget process;

3) exercises project management on creation, development, system maintenance and maintenance of information systems of state bodies in the field of the budget process;

4) gives consulting help to subjects of information systems of state bodies in the field of the budget process;

5) is provided by compliance of information security of information systems of state bodies in the field of the budget process to requirements of the legislation of the Republic of Kazakhstan about informatization.

Chapter 2. Types and levels of the budget

Article 6. General provisions about types and levels of the budget

1. In the Republic of Kazakhstan budgets of the following levels affirm, performed and are independent:

1) republican budget;

2) regional budget, city budgets of republican value, capital;

3) district (cities of regional value) budget;

4) city budgets of district value, village, settlement, rural district.

The regional budget, city budgets of republican value, the capital, district (the cities of regional value) the budget, city budgets of district value, the village, settlement, rural district belong to local budgets.

2. In the Republic of Kazakhstan in the cases established by this Code the emergency government budget can be developed, affirm and be performed.

3. In the Republic of Kazakhstan the state and consolidated budgets, budgets of area, the budget of the area (the cities of regional value) used as analytical information and which are not subject to approval are constituted.

The government budget is the centralized cash fund of the state uniting republican and local budgets without mutually repayable transactions between them.

The consolidated budget is the centralized cash fund of the state uniting the republican budget, budgets of areas, cities of republican value, the capital, receipt and expenses of National fund of the Republic of Kazakhstan, receipt and expenses of Fund of compensation by the victim without mutually repayable transactions between them.

The budget of area is the centralized cash fund uniting the regional budget, budgets of areas (the cities of regional value) without mutually repayable transactions between them.

The budget of the area (the city of regional value) is the centralized cash fund uniting district (the city of regional value) the budget, budgets of the cities of district value, villages, settlements, rural districts without mutually repayable transactions between them.

Article 7. Republican budget

1. The republican budget is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of the central state bodies, public institutions subordinated to them, and also realization of the all-republican directions of state policy.

2. The republican budget affirms the law of the Republic of Kazakhstan.

Article 8. Regional budget, city budgets of republican value, capital

1. The regional budget, city budgets of republican value, the capital is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of local state bodies of regional level, the city of republican value, the capital, public institutions subordinated to them and realization of state policy in the corresponding administrative and territorial unit.

2. Regional budgets, budgets of the cities of republican value, the capital affirm decisions according to regional maslikhats, maslikhats of the cities of republican value, the capital.

Article 9. District (cities of regional value) budget

1. District (the cities of regional value) the budget is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of local state bodies district (the cities of regional value) level, public institutions subordinated to them and realization of state policy in the respective area (the city of regional value).

2. District (the cities of regional value) the budget affirms the decision of maslikhat of the area (the city of regional value).

Article 9-1. City budgets of district value, village, settlement, rural district

1. City budget of district value, the village, settlement, rural district is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of the akim of the city of district value, the village, the settlement, the rural district, public institutions subordinated to it and realization of state policy in the corresponding administrative and territorial unit.

2. City budgets of district value, the village, settlement, rural district after coordination with meeting of local community affirm the decision of maslikhat of the area (the city of regional value).

Article 10. Emergency government budget

1. The emergency government budget is created on the basis of republican and local budgets and entered in cases of emergency or warlike situation in the Republic of Kazakhstan.

2. The Parliament of the Republic of Kazakhstan is without delay informed on adoption of the emergency government budget.

3. For the period of action of the emergency government budget operation of the law on the republican budget and decisions of maslikhats on budgets of all levels of the local budget stops.

4. The emergency government budget is effective during the term for which the emergency or warlike situation is entered.

With cancellation of the emergency government budget refining republican and local budgets is made.

Chapter 3. Structure of the budget

Article 11. Receipts of the budget

1. Receipts of the budget is the income, repayment sums of budget credits, sales proceeds of financial assets of the state, loans.

2. Budget receipts are tax, non-tax revenues, sales proceeds of fixed capital, receipt of transfers.

3. The income has no purpose, except for target transfers. Introduction of new income types, cancellation or change of operating are performed with obligatory modification or amendments in this Code.

4. Tax revenues are the taxes and other obligatory payments in the budget established by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), customs duties, customs fees, established according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan and also the special, anti-dumping, compensatory duties established according to the Agreement on the Eurasian Economic Union.

The advance payments made according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan on account of payment of the forthcoming customs duties, customs fees, taxes, the special, anti-dumping, compensatory duties also belong to tax revenues.

5. Non-tax receipts are the obligatory, irrevocable payments in the budget established by this Code and other legal acts of the Republic of Kazakhstan except provided by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, not belonging to sales proceeds of fixed capital, connected grants, and also money transferred in the budget on a grant basis except transfers.

6. Sales proceeds of fixed capital are receipts in the budget of money:

1) from sale of the state-owned property assigned to public institutions;

2) from sales of goods from the state material reserve;

3) from sale of the parcels of land which are in state-owned property, in private property or their provisions in permanent or temporary land use or implemented by different way according to the procedure, provided by the laws of the Republic of Kazakhstan or international treaties;

4) from sale of the intangible assets belonging to the state.

7. Receipts of transfers are receipts of transfers from one level of the budget in another, from National fund of the Republic of Kazakhstan in the republican budget.

8. Repayment sums of budget credits are the receipts in the budget connected with return of principal debt on the credits obtained from the budget and also legal entities of requirements for the paid state guarantees, the state guarantees on export support.

9. Sales proceeds of financial assets of the state are receipts in the budget from sale of shares, securities of legal entities, including the international organizations which are in state-owned property, public institutions and the state companies in the form of property complex, and also other state-owned property which is in operational management or economic maintaining the state companies.

10. Loans are the receipts of money in the budget connected with release of the government issued securities and (or) the conclusion of agreements of loans.

Article 12. Budget expenses

1. Expenses of the budget are costs, budget credits, acquisition of financial assets, repayment of loans.

2. Costs are the budgetary funds allocated on irrevocable basis.

3. Budget credits is the money allocated from the budget on returnable, urgent and paid basis.

4. Acquisition of financial assets are the budgetary funds allocated for acquisition in state-owned property of shares and securities of legal entities, including the international organizations.

5. Repayment of loans are the budgetary funds allocated for repayment of principal debt according to the international treaties on state loans ratified by the Republic of Kazakhstan and also on internal loans.

Article 13. Structure of the budget

The structure of the budget consists of the following Sections:

1) income:

tax revenues;

non-tax receipts;

sales proceeds of fixed capital;

receipts of transfers;

2) costs;

3) net budget crediting:

budget credits;

repayment of budget credits;

4) balance on transactions with financial assets:

acquisition of financial assets;

sales proceeds of financial assets of the state;

5) deficit (surplus) of the budget;

6) deficit financing (surplus use) of the budget:

receipt of loans;

repayment of loans;

the used remaining balance of budgetary funds.

Article 14. Not oil deficit (surplus) of the republican or government budget

1. Not oil deficit (surplus) of the republican or government budget is equal to difference between receipts in the republican or government budget with exception of receipts of loans, receipts of transfers of National fund of the Republic of Kazakhstan and the export customs duty on crude oil and expenses of the republican or government budget, except for repayments of loans.

The received size with negative sign is not oil deficit of the republican or government budget, with positive sign - not oil surplus of the republican or government budget.

2. The extent of not oil deficit (surplus) of the republican budget affirms the law on the republican budget.

The extent of not oil deficit (surplus) of the government budget does not affirm and used in the analytical purposes.

For decrease in dependence of expenses of the budget on oil receipts the extent of not oil deficit in the long-term period shall decrease due to purposeful development of not oil sector of economy.

Article 15. Net budget crediting

Net budget crediting is determined as difference between budget credits and repayment of budget credits.

Article 16. Balance on transactions with financial assets

1. Transactions with financial assets include:

1) acquisition of financial assets;

2) sales proceeds of financial assets of the state.

2. The balance with financial assets is determined by transactions as difference between acquisition of financial assets and sales proceeds of financial assets of the state.

3. Acquisition of financial assets and sales proceeds of financial assets of the state are performed according to regulatory legal acts of the Republic of Kazakhstan.

Article 17. Deficit (surplus) of the budget

Deficit (surplus) of the budget is equal to difference between the income and costs, net budget crediting and balance on transactions with financial assets.

The received size with negative sign is deficit, with positive sign - budget surplus.

Article 18. Deficit financing (surplus use) of the budget

1. Financing of budget deficit is provided by budget deficit covering due to borrowing and the used remaining balance of budgetary funds.

The amount of financing of budget deficit is determined as excess of the amount of the obtained loans, the used remaining balance of budgetary funds over repayment sum of principal debt by loans.

Value of financing of budget deficit is established with positive sign and corresponds to budget deficit size.

2. Use of budget surplus is performed by expenditure of budget surplus, means of loans, the used remaining balance of budgetary funds for repayment of principal debt on loans.

The amount of use of budget surplus is determined as excess of repayment sum of principal debt by loans over the amount of the obtained loans and the used remaining balance of budgetary funds.

Value of use of budget surplus is established with negative sign and corresponds to budget surplus size.

Chapter 4. Reserves of the government of the Republic of Kazakhstan and local executive bodies

Article 19. General provisions about reserves of the Government of the Republic of Kazakhstan and local executive bodies

1. Reserves of the Government of the Republic of Kazakhstan and local executive bodies are formed as a part of republican and local budgets for financing of the costs which are not planned in case of development republican and local budgets owing to their unexpectedness and requiring immediate financing in the current financial year.

2. The reserve of the Government of the Republic of Kazakhstan includes:

1) extraordinary reserve;

1-1) reserves for life support of the population in case of liquidation of emergency situations of natural and technogenic nature;

2) reserve on urgent costs;

2-1) it is excluded

3) reserve on obligation fulfillment on decisions of the courts;

4) reserve on covering of cash deficit of regional budgets, budgets of the cities of republican value, the capital.

3. The reserve of executive bodies of areas, cities of republican value, the capital includes:

1) extraordinary reserve;

2) reserve on urgent costs;

3) reserve on obligation fulfillment on decisions of the courts;

4) reserve on covering of cash deficit district (the cities of regional value) budgets.

4. The reserve of executive bodies of areas (the cities of regional value) includes:

1) extraordinary reserve;

2) reserve on urgent costs;

3) reserve on obligation fulfillment on decisions of the courts;

4) reserve on covering of cash deficit of budgets of the cities of district value, villages, settlements, rural districts.

5. The total amount of reserve of the Government of the Republic of Kazakhstan is established by the law on the republican budget.

The total amount of reserve of local executive body shall not exceed two percent from amount of receipts of the corresponding local budget without transfers and loans.

6. Assignment from reserves of the Government of the Republic of Kazakhstan and local executive bodies is performed within the amounts approved in republican or local budgets the current financial year, resolutions according to the Government of the Republic of Kazakhstan and local executive bodies and also legal acts of authorized body in the sphere of civil protection which void upon completion of financial year, except for the orders of the Government of the Republic of Kazakhstan or local executive bodies about allocation to local executive bodies of money for covering of cash deficit of the local budget for the term exceeding the current financial year on which effective period is established by these resolutions.

For carrying out the emergency recovery operations and other actions connected with mitigation of consequences of emergency situations of natural and technogenic nature, and also the situations menacing to political, economic and social stability, life and human health with realization term more than one financial year of funds from reserve of the Government are allocated with determination of total amount of costs and specifying of the amount of the current financial year and amount on which the Government of the Republic of Kazakhstan will in addition make the decision in the subsequent financial years.

In case of insufficiency of the means provided on one of reserve types, the Government of the Republic of Kazakhstan or local executive body increases plan assignments of the corresponding reserve by means of redistribution of total amounts of means of reserves of the Government of the Republic of Kazakhstan or local executive body in accordance with the established procedure.

7.  No. 557-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 16.02.2012

Article 20. Use of reserves of the Government of the Republic of Kazakhstan and local executive bodies

1. The extraordinary reserve is used for the purpose of liquidation of emergency situations of social, natural and technogenic nature, holding actions for ensuring legal regime of emergency state in the territory of the Republic of Kazakhstan and on rendering the official humanitarian assistance by the Republic of Kazakhstan to other states.

Financing of expenses from extraordinary reserve on the actions for liquidation of emergency situations of social, natural and technogenic nature provided by resolutions according to the Government of the Republic of Kazakhstan or local executive bodies can be performed by authorized bodies on budget implementation in process of representation by administrators of the budget programs of the proving documents according to the legislation of the Republic of Kazakhstan.

1-1. The reserve for life support of the population in case of liquidation of emergency situations of natural and technogenic nature is used for implementation of the actions directed to preserving life and maintenance of human health in zones of emergency situations, on routes of evacuation and in locations of the evacuated people.

2. The reserve on urgent costs is used for the purpose of elimination of the situations menacing to political, economic and social stability of the Republic of Kazakhstan or its administrative and territorial unit, and also life and human health. The reserve of the Government of the Republic of Kazakhstan on urgent costs can be used also on other unforeseen costs determined by decisions of the Government of the Republic of Kazakhstan.

2-1. It is excluded

3. The reserve on obligation fulfillment on decisions of the courts is used on obligation fulfillment of the Government of the Republic of Kazakhstan, the central state bodies, their departments and territorial subdivisions, local executive bodies on decisions of the courts.

4. In the republican budget for the next financial year the reserve for crediting of the regional budget, city budgets of republican value, the capital in case of the forecast is provided in the next financial year of cash deficit of their budgets.

In the regional budget for the next financial year the reserve for crediting district (the cities of regional value) budgets in case of the forecast is provided in the next financial year of cash deficit of their budgets.

In district (the cities of regional value) the budget for the next financial year the reserve for crediting of budgets of the cities of district value, villages, settlements, rural districts in case of the forecast is provided in the next financial year of cash deficit of their budgets.

Borrowing in case of the forecast of cash deficit is performed within debt limit for the corresponding financial year in the absence of overdue debt on earlier issued budget credits from the higher budget, and also in the presence of remaining balance on the control account of cash at the time of the address which is not exceeding one percent from approved (specified, corrected) amount of expenses of the local budget for the corresponding financial year (without the expense accounting according to the budget programs financed by target transfers and budget credits from the higher budget) and representation of the corresponding reasons and calculations.

The funds allocated to local executive bodies for cash deficit covering are not subject to restructuring.

Repeated assignment for cash deficit covering in the current financial year is not allowed.

Borrowing by local executive bodies on covering of cash deficit of the local budget can be performed for a period of up to three years.

Borrowing by local executive bodies on covering of cash deficit of the local budget for the term exceeding the current financial year is performed by refining of the corresponding local budget on receipts in the budget.

5. In case of use in full of the money provided in structure of reserve, the Government of the Republic of Kazakhstan or local executive body if necessary brings in Parliament of the Republic of Kazakhstan or the relevant maslikhat of the offer on increase in the size of reserves of the Government of the Republic of Kazakhstan or local executive body by means of introduction of amendments and amendments to the law on the republican budget or the decision of maslikhat on the local budget.

6. In case of non-use or partial use within financial year of the money allocated from reserve of the Government of the Republic of Kazakhstan or local executive body, the administrator of the budget program provides return of unused part of the allocated money to the relevant budget till December 20 of the current financial year.

6-1. Responsibility according to the laws of the Republic of Kazakhstan for untimely return of unused part of the allocated money from reserve of the Government of the Republic of Kazakhstan or local executive body is born by the first head of the administrator of the budget programs who received money according to the order of the Government of the Republic of Kazakhstan or local executive body.

7. The procedure for use of reserves of the Government of the Republic of Kazakhstan and local executive bodies is established by the Government of the Republic of Kazakhstan.

Chapter 5. Forming, use and management of National fund of the Republic of Kazakhstan

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