ORDER OF THE MINISTER OF ECONOMY AND BUDGET PLANNING OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2009 No. 151

About approval of Rules of determination of feasibility of the budget crediting

According to the subitem 1) Article 187 of the Budget code of the Republic of Kazakhstan of December 4, 2008 PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of feasibility of the budget crediting.

2. (B. Tortayev) together with Legal department (D. Eshimov) to provide to department of investment policy and planning state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Economy and Budget Planning of the Republic of Kazakhstan of July 16, 2009 No. 151

Rules of determination of feasibility of the budget crediting

1. General provisions

1. These rules of determination of feasibility of the budget crediting (further - Rules) determine procedure for consideration and determination of feasibility of assignment from the government budget as the budget crediting, except for the budget credits directed to covering of cash deficit of subordinate budgets.

2. Budget credits are granted on the purpose and within the amounts provided by the appropriate budget programs:

1) in the approved republican budget for the current financial year;

2) in the maslikhats approved by decisions local budgets the current financial year.

3. Provision of budget credits is performed according to the following principles:

1) recoverability, providing obligation of repayment of budget credit according to the credit agreement;

2) security, the methods established by the budget legislation of the Republic of Kazakhstan providing availability of ensuring obligation fulfillment;

3) the paid nature, the borrower of remuneration for provision of budget credit providing payment;

4) urgency, providing establishment of term of provision of budget credit.

4. Borrowers, final borrowers, and also conditions of the budget crediting are determined according to the budget legislation of the Republic of Kazakhstan.

5. Budget credits from the republican budget and regional budgets can be provided according to regional budgets, city budgets of republican value, the capital and budgets of areas (the cities of regional value) on implementation of the budget investment projects, on the solution of tasks of social policy of the state and in case of forecast cash deficit within financial year.

6. Budget credits are granted in case of observance of the conditions and criteria determined by the budget legislation of the Republic of Kazakhstan.

7. Budget credits are not granted on the purposes of participation in the authorized capital of legal entities, covering of losses of economic activity of borrowers, fee to the confided (agents).

Losses of economic activity are understood as the losses expressed in cash, the excess of expenses of the legal entity over the income attracting the reduction of material and money resources which resulted from economic activity.

8. The central and local authorized bodies on state planning consider the budget programs offered by the administrator of the budget programs to realization by means of the budget crediting regarding compliance to their criteria of the budget crediting.

9. Determination of feasibility of the budget crediting at the expense of means of the republican budget is performed by the central authorized body on state planning, except for the budget credits directed to covering of cash deficit of subordinate budgets.

Determination of feasibility of the budget crediting at the expense of means of the local budget is performed by local authorized body on state planning, except for the budget credits directed to covering of cash deficit of subordinate budgets.

10. The budget commission develops offers on inclusion of the budget program directed to provision of budget credits in the draft of the relevant budget.

2. Administrator of the budget programs

11. The administrator of the budget program in case of the budget crediting is the party of the credit agreement and performs:

1) determination on competitive basis of the specialized organizations and the confided (agents), except for the financial agencies and the organization for upgrade and development of housing and communal services;

2) control and monitoring of target and effective use, repayment and servicing of budget credits.

12. The administrator of the budget programs constitutes the budget request within limits of the expenses, the list and the amounts of financing from the relevant budget determined by the relevant budget commission. In case of creation of the budget request the administrator of the budget programs determines actions which can be financed by the budget crediting, with observance of Item 14 of these rules.

13. The administrator of the budget program or authorized body determines the confided (agent) according to the legislation of the Republic of Kazakhstan on public procurements by budget implementation, except for the financial agency and the organization for upgrade and development of housing and communal services.

The confided (agent) is person who on the basis of the agreement of the order makes from name and at the expense of the creditor (principal) or the administrator of the budget program and according to their instructions the certain orders connected with the budget crediting.

As the confided (agents) the bank, the organization performing separate types of banking activities, or the organization which controlling stock the state or national holding or national managing holding owns, being residents of the Republic of Kazakhstan act.

14. For determination of feasibility of the budget crediting the administrator of the budget program provides in the relevant central or local authorized body on state planning the proving documentation which shall include:

1) calculations for the expense types and actions offered to financing due to the budget crediting;

2) information leaf (it is represented in any form), in which the direction of the budget crediting, and also information on original conditions and factors of calculations of cost and financial performance of realization of investing program, consideration of alternative sources and schemes of financing of the project is specified;

3) the proving information for determination of feasibility of the budget crediting for the purpose of project implementation:

confirmation of amount of costs for project implementation;

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