of March 14, 2014
The budget code of Turkmenistan establishes the general principles of the organization and functioning of the budget system of Turkmenistan, determines bases of the budget process and the interbudget relations in Turkmenistan.
1. In this Code the following basic concepts are used:
1) the budget – form of education and expenditure of the money intended for financial provision of tasks and functions of the state;
2) budget transactions – transactions on transfer of the income, financing of expenses and other transactions performed in the course of budget implementation;
3) budget expenses – the budget money aimed at financial provision of tasks and functions of state governing bodies, including municipal authorities;
4) budgetary institution – the organization created by state governing bodies of Turkmenistan, including bodies of the local executive authority for implementation of managerial, welfare, scientific and technical or other functions of non-commercial nature which activities are financed from the relevant budget on the basis of individual funding plans for obligations and payments;
5) budget receipts – the money going on non-paid and irretrievable basis according to the legislation of Turkmenistan into the disposal of state governing bodies, including regional authorities, leading to increase in net value of assets of the state;
6) the budget process – the activities of state governing bodies, including municipal authorities, and also other participants of the budget process for creation and consideration of budget statements of all levels of the budget system, their approval, execution and the state financial control regulated by the budget legislation of Turkmenistan;
7) the budget investment project – set of the actions realized during the established period of time, having complete nature and directed to creation (construction) of the new objects or reconstruction operating acquisition of the equipment, the machines and mechanisms which are not included in the estimated cost of object, and also creation, implementation and development of information systems;
8) budget investments – the financing directed to value addition of assets of the state, renewal of natural resources for the purpose of receipt of economic benefits or achievement of social and economic effect;
9) the administrator of the budget programs - the state body (organization) responsible for planning, reasons, realization and achievement of results of the budget programs;
10) budgetary funds – financial and other assets of the state, receipt in state-owned property and which expenditure is reflected in the budget in cash;
11) receivers of budgetary funds – budgetary institutions, and also the physical and other legal entities receiving the budgetary funds through the administrator of the budget programs and using them on implementation of the budget programs;
12) cash servicing of budget implementation – carrying out and accounting of transactions on cash receipt of funds in budget receipt and to cash expenses of the budget;
13) assets of the state – set of the capitals proprietary for the state;
14) state body – at the national (central) level - the ministry or department of Turkmenistan performing according to the legislation of Turkmenistan coordination of sales activity of policy of the state in the corresponding industries of economy at the local level - the managements and departments subordinated to body of the local executive authority;
15) the standard rate of income distribution – the standard rate of income distribution between budgets of different levels established as a percentage;
16) accounting financial year – the year preceding the current financial year;
17) result indicators – the set of straight lines and resulting effects of the budget programs characterizing activities of the administrator of the budget programs for implementation of the mid-term plan and the budget programs;
18) the next financial year – the year following the current financial year;
19) financial year – the period of time which is beginning on January 1 and coming to an end on December 31 calendar year;
20) the investment offer – the concept of the budget investment project reflecting project objective and determining ways of its achievement including set of the relevant activities developed by administrators of the budget programs;
21) planning period – three financial years following the current financial year;
22) not made assets – natural assets and products of social fabric. Natural assets include the earth, mineral deposits in earth subsoil, fish resources in open territorial waters, and also electromagnetic range when the property rights to it are provided with the legal sanction. Products of social fabric include patents and lease agreements;
23) the specified budget – the budget taking into account the changes of indicators of the approved budget made according to the procedure, established by this Code, based on the laws of Turkmenistan, acts of the President of Turkmenistan, decisions of the Cabinet of Ministers of Turkmenistan, further also - the Government of Turkmenistan of municipal authorities;
24) the approved budget – the budget for the corresponding planning period approved by Millie Gengeshem of Turkmenistan or representative body of local government;
25) transfers – the subsidies, grants, social benefits and other expenses performed in cash and natural forms:
a) subsidies - the current non-paid payments to legal entities by budget funds for the purpose of impact on the production rate, and also for compensation of the losses which are formed in connection with state regulation of the prices and rates;
b) grants – the optional current and capital transfers received by budgetary institution from the relevant state body, the governments of foreign states, the international organizations and also the interbudget transfers transferred from one level of the budget to the budget of other level of the budget system of Turkmenistan on a grant basis;
c) voluntary transfers, except grants – the current and capital transfers arriving in the form of donations and donations from physical persons and non-state legal entities except the international organizations;
d) social benefits – public welfare payments for the purpose of social protection of separate categories of citizens;
e) other expenses – the pension contributions paid by budget funds for separate categories of citizens during the separate periods according to the Law of Turkmenistan "About the national pension insurance", personal pensions, benefits on the public assistance to separate categories of citizens out of programs of the national pension insurance;
26) the budget system of Turkmenistan – the set of budgets of all levels based on the economic relation and state system of Turkmenistan.
2. In this Code other concepts are used in the values determined by civil and other legislation of Turkmenistan, and also the relevant articles of this Code.
1. The budget legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code, other regulatory legal acts of Turkmenistan regulating the budget legal relationship.
2. The regulatory legal acts of state governing bodies, including municipal authorities regulating the budget legal relationship cannot contradict the Budget code of Turkmenistan, in case of their contradiction the rules established by the Budget code of Turkmenistan are applied.
3. It is excluded according to the Law of Turkmenistan of 20.03.2017.
1. The budget code of Turkmenistan regulates the legal relationship arising between subjects of the budget legal relationship in process:
a) forming of the income and implementation of budgets expenses of the budget system of Turkmenistan, implementation of the state and local borrowings, servicing of public debt;
b) creation and considerations of budget statements of the budget system of Turkmenistan, approval and execution of budgets of the budget system of Turkmenistan, control of their execution.
2. The budget code of Turkmenistan establishes legal status of participants of the budget process, procedure and conditions of attraction them to responsibility for violation of the budget legislation of Turkmenistan.
1. Action of this Code extends to the budget legal relationship arising in the territory of Turkmenistan.
2. The acts of representative bodies of local government regulating the budget legal relationship are effective within the territory of the corresponding administrative and territorial units.
The budget system of Turkmenistan is based on the following principles:
1) the principle of unity - the unity of the budget system of Turkmenistan is provided with the single legal base, single cash system, single procedure for regulation of the budget relations, single budget classification, single procedures of implementation of the budget process, single procedure for execution of budgets, conducting financial accounting, creation and submission of the reporting, application of single measures of responsibility for violation of the budget legislation of Turkmenistan;
2) the principle of completeness of reflection of the income and budgets expenses - reflection of all income and expenses in the relevant budgets without fail and in full.
Tax delays and payments by installments on tax payment and other obligatory payments are completely considered according to the income of budgets, except for delays and payments by installments on tax payment and other obligatory payments provided within the current financial year;
3) the principle of specification – the income and expenses of budgets are reflected in them according to structure of budget classification of Turkmenistan;
4) the principle of transparency – publication of regulatory legal acts in the field of the budget legislation of Turkmenistan, and also information concerning fiscal policy of the state, except for the data which are the state or protected by the legislation of Turkmenistan other secret;
5) the principle of effectiveness – creation and execution of budgets, proceeding from need of achievement of indicators of the results provided by strategic plans of state bodies;
6) the principle of efficiency – creation and execution of budgets, proceeding from need of ensuring the best direct result with use of limited amount of budgetary funds;
7) principle of independence of budgets:
a) the right and obligation of state governing bodies, including bodies of the local executive authority, and local government bodies at appropriate level of the budget system of Turkmenistan independently to perform the budget process, except as specified, provided by this Code, to independently determine forms and the directions of expenditure of means of budgets, except for expenses which financial provision is performed at the expense of grants from other budgets;
b) legislative fixing of the income of the relevant budgets and powers on their forming;
8) the principle of balance – balance of amount of expenses with amounts of budget receipts;
9) the principle of responsibility – acceptance of the necessary executive and management decisions directed to achievement of indicators of results and ensuring responsibility of administrators of the budget programs and heads of the budgetary institutions and business entities which are receiving budgetary funds, for decision making, not corresponding to the legislation of Turkmenistan;
10) the principle of targeting and special-purpose character of budgetary funds – the direction of budgetary funds to administrators of the budget programs for achievement of indicators of the results provided by strategic plans of state bodies and their use according to the legislation of Turkmenistan.
Treat budgets of the budget system of Turkmenistan:
1) Government budget of Turkmenistan and Centralized budget;
2) local budgets which treat:
a) the budget of the welayat, city of Ashgabat, etrap, city with the etrap rights;
b) the budget of the etrap in the city;
c) city budget in the etrap, the settlement, the gengeshlik.
The government budget of Turkmenistan affirms as form of the law of Turkmenistan, local budgets affirm as form of decisions of representative bodies of local government.
1. The government budget of Turkmenistan is the financial plan of the state for planning period which determines amounts of receipt of the income and financing of the expenses providing activities of state governing bodies, the local executive authority and local self-government, financing of investing and innovative activities.
2. The government budget of Turkmenistan includes means Centralized and local budgets (without the interbudget grants between them).
3. The income of the Government budget of Turkmenistan is distributed between the Centralized budget and budgets of welayats and the city of Ashgabat according to the Law of Turkmenistan "About the Government budget of Turkmenistan" for planning period.
1. The centralized budget of Turkmenistan - form of education and expenditure of the money intended for financial provision of nation-wide tasks and functions of state governing bodies.
2. The income of the Centralized budget is created due to the tax and other revenues determined by the legislation of Turkmenistan.
1. The stabilization fund of Turkmenistan intends for ensuring stable social and economic development of the state, decrease in dependence of economy on the hydrocarbonic sector, impact of adverse external factors and providing the rights of future generations to national natural wealth.
2. The stabilization fund of Turkmenistan includes financial assets and other property (further - financial assets).
1. The local budget – form of education and expenditure of the money intended for financial provision of tasks and functions of municipal authorities.
2. Welayat budget receipts, city budget of Ashgabat, the etrap, city with the rights of the etrap, etrap in the city are created due to the tax and other revenues determined by the legislation of Turkmenistan.
Budget receipts of the welayat are distributed between the velayatsky budget and budgets of the etrap, city with the etrap rights according to the decision of representative body of the power of the welayat on the budget of the welayat for planning period.
Budget receipts of the city of Ashgabat are distributed between the city budget of the city of Ashgabat and budgets of etraps in the city according to the decision of representative body city authorities of Ashgabat about city budget of Ashgabat for planning period.
Etrap budget receipts (the cities with the etrap rights) are distributed between the etrapsky budget (the city budget of the city with the etrap rights) and budgets of the cities in the etrap (etraps in the city), settlements and gengeshliks according to the decision of representative body of the power of the etrap (the city with the etrap rights) about the budget of the etrap (the city with the etrap rights) for planning period.
3. City budget receipts in the etrap, the settlement, the gengeshlik are created for acquisition account, determined by the legislation of Turkmenistan, for execution of payment commitments of Gengesh according to the tasks and functions assigned to it. City budget in the etrap, the settlement, the gengeshlik affirms as structure of the budget of the respective etrap. Use of other forms of education by Gengesh and expenditures of money for execution of payment commitments is not allowed.
1. As a part of the Government budget of Turkmenistan forming of the state trust funds created by acts of the President of Turkmenistan is possible.
2. The state trust funds are understood as money of the state funds and target special money (further - the state trust funds) which are formed for the income account of purpose or target assignments from certain income types, other receipts.
3. The state trust funds intend for realization of constitutional rights of citizens on provision of pensions, social protection in case of unemployment, health protection and medical attendance, and also for other purposes according to the decision of the President of Turkmenistan.
1. In case of introduction in the territory of Turkmenistan of emergency rule the Emergency government budget according to article 56 of this Code is created.
2. For the period of action of the Emergency government budget operation of the Law of Turkmenistan "About the Government budget of Turkmenistan" and decisions of the relevant representative bodies of local government on the local budget for planning period stop.
3. The emergency government budget is effective during the term for which the emergency rule is imposed.
4. With cancellation of the Emergency government budget refining of the Government budget of Turkmenistan and local budgets according to the procedure, established by this Code is made.
The structure of the Government budget of Turkmenistan consists of the following Sections:
1) Basic incomes:
c) income of the state trust funds;
d) other basic incomes.
a) compensation of workers;
b) use of goods and services;
c) consumption of fixed capital;
f) expenses of the state trust funds;
g) social benefits;
h) other main expenses.
3) Operational balance.
4) Transactions with non-financial assets:
Net acquisition of non-financial assets:
4. 1) sale of non-financial assets:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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