LAW OF THE REPUBLIC OF BELARUS

of October 26, 2012 No. 429-Z

About modification and amendments in the Budget code of the Republic of Belarus

Accepted by the House of Representatives on October 8, 2012

Approved by Council of the Republic on October 10, 2012

Article 1. Bring in the Budget code of the Republic of Belarus of July 16, 2008 (The national register of legal acts of the Republic of Belarus, 2008, No. 183, 2/1509; 2010, No. 252, 2/1727; 2011, No. 140, 2/1877; 2012, No. 2, 2/1884) following changes and amendments:

1. In Item 1 of Article 2:

from subitem 1.4 of the word "local council of deputies," to exclude;

to exclude from subitem 1.7 of the word "for accomplishment of the functions by state-financed organization";

state subitems 1.9-1.11 in the following edition:

"1.9. budgetary appropriations - powers on use of the amount of budgetary funds determined by the manager of budgetary funds to the receiver of budgetary funds in the corresponding financial year for execution of budget obligations;

1.10. budget settings - powers on use and distribution of certain amount of budgetary funds provided based on the register of payment commitments to managers of budgetary funds by the law on the republican budget for the next financial year or the decision of local council of deputies on the budget for the next financial year according to the procedure determined by this Code;

1.11. budgetary obligations - the payment commitments received and accepted by the receiver of budgetary funds and (or) which are subject to execution in the corresponding financial year at the expense of means of the relevant budget;";

subitem 1.15 after words "to execution of budgets," to add with words "to control of their execution,";

state subitem 1.22 in the following edition:

"1.22. guarantee local executive and administrative organaobyazatelstvo of local executive and administrative organ of regional or basic territorial level as guarantor to bear fully or partially responsibility to the creditor for execution by the borrower of obligations on repayment of the loan, issued by bank of the Republic of Belarus, and (or) interest payment for use to them;";

to add subitems 1.311 and 1.32 after words of "principal debt" with words of "administrative and territorial units";

add Item with subitems 1.352 and 1.353 of the following content:

"1.352. limit of debt of local authorities and self-government - the most admissible amount of debt of local authorities and self-government for the end of financial year;

1.353. limit of the debt guaranteed by local executive and administrative organs, - the most admissible amount of debt, guaranteed by local executive and administrative organs, for the end of financial year;";

in subitem 1.37 of the word "regional, city (except the cities of district subordination), district executive and administrative organ" shall be replaced with words "local executive and administrative organ of regional or basic territorial level";

"planned" to add subitem 1.371 after the word with the word of "budget";

state subitem 1.44 in the following edition:

"1.44. the receiver of budgetary funds - the state-financed or other organization, the individual entrepreneur having the right to acceptance and (or) execution of budget obligations in the corresponding financial year and responsible for target and effective use of the received budgetary funds;";

add Item with subitem 1.461 of the following content:

"1.461. payment commitments - the Republic of Belarus caused by the law, the act of the President of the Republic of Belarus, the contract or agreement concluded on behalf of the Republic of Belarus, its administrative and territorial unit, by the order of the Government of the Republic of Belarus, the decision of local council of deputies, local executive and administrative organ of obligation of the Republic of Belarus, administrative and territorial unit of the Republic of Belarus or the receiver of budgetary funds acting from their name on provision to the resident and the nonresident of the Republic of Belarus of means from the relevant budget;";

to "physical person" to add subitem 1.52 after words with words ", including to the individual entrepreneur,".

2. To add Item 1 of Article 7 with words ", budget credits and interest for using by them".

3. In Article 19:

in the name of Article to replace the word "Approval" with the word "Establishment";

"affirm" as Items 2 and 3 of the word and "affirms" to replace respectively with words "are established" and "is established".

4. In Article 23:

state Item 2 in the following edition:

"2. Creation, consideration and approval of performance reports of budgets of state non-budgetary funds for accounting financial year are performed according to legal acts for these funds and this Code. Approval annually of performance reports of budgets of state non-budgetary funds for accounting financial year is performed by legal acts of the same type, as approval of budgets of state non-budgetary funds.

Performance reports of budgets of state non-budgetary funds are constituted by managers of means of these funds in the form of drafts of legal acts and till March 1 of the year following accounting financial year are submitted in accordance with the established procedure for consideration of the Government of the Republic of Belarus.

Government of the Republic of Belarus:

within five working days sends drafts of legal acts for approval of performance reports of budgets of state non-budgetary funds for accounting financial year to the State Control Committee of the Republic of Belarus for preparation of the conclusions about execution of budgets of state non-budgetary funds for accounting financial year;

represents drafts of legal acts for approval of performance reports of budgets of state non-budgetary funds for accounting financial year to the President of the Republic of Belarus.

In cases of approval of performance reports of budgets of state non-budgetary funds the laws the President of the Republic of Belarus introduces drafts of such laws to the House of Representatives.

The State Control Committee of the Republic of Belarus performs performance reports of budgets of state non-budgetary funds for accounting financial year, prepares the corresponding conclusions, using materials and results performed, and no later than May 15 of the year following accounting financial year submits them for consideration of the President of the Republic of Belarus, and also sends them to the Government of the Republic of Belarus.

By consideration of drafts of the laws on approval of performance reports of budgets of state non-budgetary funds for accounting financial year the House of Representatives hears reports of the Prime Minister of the Republic of Belarus or his representatives on execution of budgets of state non-budgetary funds for accounting financial year and the conclusions of the State Control Committee of the Republic of Belarus.

Drafts of the laws on approval of performance reports of budgets of state non-budgetary funds for accounting financial year are considered by Parliament of the Republic of Belarus according to the Constitution of the Republic of Belarus, this Code and regulations of chambers of Parliament of the Republic of Belarus.";

in item 4:

after the words "Illegal" and "for illegal" to add Item with the word "obtaining";

add Item with parts two and third the following content:

"Illegal obtaining, use not on purpose or with violation of the budget legislation of means from budgets of state non-budgetary funds attract suspension or restriction of financing of expenses at the expense of means of the specified funds or collection in indisputable procedure in the budget of the relevant state non-budgetary fund of the received means with charge of percent in the amount of 1/360 refunding rates of National Bank of the Republic of Belarus for date of collection per every day from the date of their obtaining on date of compensation (collection).

In case of voluntary compensation illegally received, used not for purpose or with violation of the budget legislation of means from budgets of state non-budgetary funds charge of percent is made in the amount of 1/360 refunding rates of National Bank of the Republic of Belarus for date of their payment per every day from the date of their obtaining on payment date.".

5. Add the Code with Articles 231-233 of the following content: "Article 231. Modification and (or) amendments in legal acts for budgets of state non-budgetary funds the current financial year within financial year

1. Modification and (or) amendments in legal acts for budgets of state non-budgetary funds the current financial year within financial year is performed by legal acts of the same type, as approval of budgets of state non-budgetary funds.

2. In case of modification, providing increase in financing in the existing directions of budgets expenses of state non-budgetary funds, or the amendments providing creation of the new directions of budgets expenses of the state non-budgetary funds which are not financed before adoption of the specified legal acts sources and procedure for financing of these budgets expenses of state non-budgetary funds shall be determined. Article 232. Refining of separate indicators of budgets of state non-budgetary funds within financial year

1. Increase or reduction of the approved amounts of the income and budgets expenses of state non-budgetary funds at the current financial year, and also refining of other indicators of budgets of the state non-budgetary funds the current financial year approved by the laws on budgets of state non-budgetary funds the current financial year are made by decrees and presidential decrees of the Republic of Belarus.

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