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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 24, 2014 No. 1011

Questions of the Ministry of national economy of the Republic of Kazakhstan

(as amended on 20-04-2020)

For the purpose of implementation of presidential decrees of the Republic of Kazakhstan of August 6, 2014 "About reform of system of public administration of the Republic of Kazakhstan" and on August 25, 2014 No. 898 "About measures for differentiation of powers between levels of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 875

1. Approve prilagayemye:59-8

1) Regulations on the Ministry of national economy of the Republic of Kazakhstan (further - the Provision);

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Rename:

1) public institutions - territorial authorities of the Agency of the Republic of Kazakhstan according to the statistics according to appendix 1 to this resolution;

2) public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on consumer protection according to appendix 2 to this resolution;

3) public institutions - antiplague stations of the Agency of the Republic of Kazakhstan on consumer protection according to appendix 3 to this resolution;

4) the republican state companies of the Agency of the Republic of Kazakhstan for consumer protection according to appendix 4 to this resolution;

5) the republican state companies of Committee on cases of construction and housing and communal services of the Ministry of regional development of the Republic of Kazakhstan and the Management committee land resources of the Ministry of regional development of the Republic of Kazakhstan according to appendix 5 to this resolution;

6) the republican state company on the right of economic maintaining "The republican center of the state town-planning planning and the inventory" in the republican state company on the right of economic maintaining "The republican center of the state town-planning planning and the inventory of Committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan";

7) the republican state company on the right of economic maintaining "Data processing center of the Agency of the Republic of Kazakhstan according to the statistics" in the republican state company on the right of economic maintaining "Data processing center of Committee according to the statistics the Ministries of national economy of the Republic of Kazakhstan";

8)  No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2016.

3. Determine:

1) authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies specified in appendix 4 to this resolution, Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan;

2) authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies specified in appendix 5 to this resolution, Committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan.

4. Reorganize public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on protection of the competition and public institutions - territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies by merge into public institutions - territorial authorities of Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan according to appendix 6 to this resolution.

5. Abolish:

1) public institutions - territorial authorities of Committee on cases of construction and housing and communal services of the Ministry of regional development of the Republic of Kazakhstan with transfer of their functions and powers to local executive bodies according to appendix 7 to this resolution;

2) public institutions - territorial land inspections of the Management committee land resources of the Ministry of regional development of the Republic of Kazakhstan with transfer of their functions and powers to local executive bodies according to appendix 8 to this resolution.

6. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 9 to this resolution.

7. To the ministries of national economy and finance of the Republic of Kazakhstan in the procedure established by the legislation to take other measures following from this resolution.

8. This resolution becomes effective from the date of its signing, except for:

1) Item 5, which becomes effective from the date of enforcement of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies" (further - the Law);

2) subitems 283)of , 284), 285), 286), 287), 288), 289), 290), 291), 292), 293), 294), 295), 296), 297), 298), 299), 300), 301), 302), 303), 304), 305), 306), 307), 308), 309), 310), 311), 312), 313), 314), 315), 316), 317), 318), 319), 320), 321), 322), 323), 324), 325), 326), 327), 328), 329), 330), 331), 332), 333), 334), 335), 336), 337), 338), 339) and 340) Item 16 and subitems 257), 258), 259), 260), 261), 262), 263), 264), 265) and 266) Provision Item 17 which become effective from the date of enforcement of the Law.

3) subitems 339-78), 339-79), 339-80), 339-81), 339-82) and 339-83) of Item 16 of the Provision become effective since April 11, 2019 according to the laws of the Republic of Kazakhstan of October 5, 2018 "About standardization" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring unity of measurements and standardization".

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of September 24, 2014 No. 1011

Regulations on the Ministry of national economy of the Republic of Kazakhstan

1. General provisions

1. The ministry of national economy of the Republic of Kazakhstan (further - the Ministry) - is the state executive body of the Republic of Kazakhstan performing management in spheres:

1) strategic planning, tax and budget policy, and also policy in the field of customs affairs, on investment attraction, the state and guaranteed by the state borrowing and debt, public-private partnership, the state investment projects, advertizing, protection of the competition and restriction of monopolistic activities, natural monopolies, except for spheres of air navigation, the airports and on provision in property employment (lease) or use of the cable sewerage, in the socially significant markets, managements of the state assets, including improvement of quality of corporate management, development of system of public administration;

2) regional development, development of local self-government, development and support of private entrepreneurship, self-regulation;

3) protection of the competition and restriction of monopolistic activities in the corresponding goods markets, control and regulation of the activities referred to the sphere of the state monopoly and also in limits, stipulated by the legislation, cross-industry coordination and other special executive, allowing and control functions;

4) state regulation and control in spheres of natural monopolies, except for spheres of air navigation, the airports and on provision in property employment (lease) or use of the cable sewerage, in the socially significant markets, except for rendering services of the airports on internal flights: landing disembarkation of passengers (by means of telescopic ladder), provision in lease of the premises of the airport used for the purpose of ensuring transportation process, load handling, provision of workplace (area) for registration of passengers, providing aircrafts with aviation fuels and lubricants, and also the state control of observance by the power making and power supplying organizations of requirements of the Law of the Republic of Kazakhstan "About power industry";

5) state statistical activities;

6) cross-industry coordination, and also strategic, control, realizable and regulating functions;

7) mobilization preparation and mobilization, forming and development of the state material reserve.

2. The ministry has departments:

1) Committee on protection and development of the competition of the Ministry of national economy of the Republic of Kazakhstan;

2) Committee on regulation of natural monopolies of the Ministry of national economy of the Republic of Kazakhstan;

3) Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan;

6) Committee on the state material reserves of the Ministry of national economy of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

7. The ministry of questions of the competence of the established legislative procedure makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the current legislation.

9. Ministry location: 010000, Nour-Sultan's city, Esilsky district, Prospekt Mang_l_k El, 8, office building "House of the ministries", 7th entrance.

10. Full name of the Ministry - public institution "Ministry of national economy of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Ministry.

12. Financing of activities of the Ministry is performed from the republican budget.

13. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

2. Mission, main objectives, functions, rights and obligations of state body

14. Mission of the Ministry:

forming of complete and effective national economy of the Republic of Kazakhstan.

15. Tasks:

forming of state policy in spheres:

1) strategic planning;

2) tax and budget policy, and also policy in the field of customs affairs;

2-1) investment attractions;

3) the state and guaranteed by the state borrowing and debt;

4)  No. 81 is excluded according to the Order of the Government of the Republic of Kazakhstan of 18.02.2017;

5) public-private partnership;

6) state investment projects;

7) protection of the competition and restriction of monopolistic activities;

8) natural monopolies;

8-1) in the socially significant markets;

9) international economic and financial relations;

10) No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

11) No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

12) managements of the state assets, including improvement of quality of corporate management;

13) developments of system of public administration;

14)  No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2015;

14-1) No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2015;

15)  No. 79 is excluded according to the Order of the Government of the Republic of Kazakhstan of 23.02.2018;

16) regional development;

17) developments of local self-government;

18) developments and supports of private entrepreneurship;

19)  No. 295 is excluded according to the Order of the Government of the Republic of Kazakhstan of 18.05.2016;

20) No. 295 is excluded according to the Order of the Government of the Republic of Kazakhstan of 18.05.2016;

21)  No. 70 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.02.2017;

22) assistance to development of fair competition;

23) preventions, identifications and investigations, suppression of offenses of the antitrust law of the Republic of Kazakhstan;

24) regulation of economic concentration;

25) demonopolizations of the subjects of the market limiting the competition;

26) state regulation and control of activities of subjects of natural monopolies according to the Entrepreneurial code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About natural monopolies" and the legislation of the Republic of Kazakhstan;

27)  No. 299 is excluded according to the Order of the Government of the Republic of Kazakhstan of 26.05.2017;

28) consumer protection in the sphere of implementation of activities of subjects of natural monopolies;

29) ensuring balance of interests between consumers and service providers in spheres (industries) of public administration which are under authority of the Ministry;

30) ensuring effective functioning of subjects of natural monopolies;

31) No. 299 is excluded according to the Order of the Government of the Republic of Kazakhstan of 26.05.2017;

32) assistance to competition development;

33) forming of statistical methodology;

34) implementation of statistical activities with respect for the principles of the state statistics;

35) satisfactions of requirement of society, the state and the international community in official statistical information;

36) No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

37) No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

38) No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2015;

38-1) implementation of cross-industry coordination concerning self-regulation;

38-2) implementation of management and cross-industry coordination in the field of advertizing;

38-3) mobilization preparations and mobilization;

38-4) forming and developments of the state material reserve;

39) implementation of other tasks assigned to the Ministry within the competence.

16. Functions of central office:

1) development, adjustment, monitoring and assessment of implementation of the Strategic plan of development of the Republic of Kazakhstan for 10 years;

1-1) realization of state policy concerning self-regulation;

2) development and adjustment of the Forecast scheme of territorial and spatial development of the country;

3) development, adjustment and monitoring of strategy implementation of homeland security of the Republic of Kazakhstan;

4) forming, adjustment of lists of state programs and government programs;

5) coordination of draft documents of System of state planning;

6) monitoring and assessment of implementation of documents of System of state planning, except for Strategy of homeland security;

7) coordination of drafts of strategic plans (projects of changes and amendments in strategic plans) the central state bodies;

8) coordination of drafts of the state and government programs, development programs of the territories;

9) coordination of activities of state bodies for increase in level of competitiveness of Kazakhstan;

10) development of suggestions for improvement of system of state planning;

11) methodological support of documents of system of state planning, including development and approval of technique of development, monitoring, realization, assessment and control of documents of System of state planning, except for development strategies of national managing holdings, national holdings, the national companies which single shareholder is the state;

12) development and monitoring of the national actions plans developed for the purpose of implementation of annual president's letters of the Republic of Kazakhstan;

13) coordination of activities of state bodies for forming and realization of economic policy of the country;

13-1) realization of the state youth policy;

14) development of the forecast of social and economic development of the republic;

15) enhancement of methodology and tools of macroeconomic forecasting;

16) impact assessment of measures of economic policy on the main macroeconomic indicators;

17) the analysis of situation in world economy, assessment of potential external risks and their influence on social and economic development of the country;

18) methodological ensuring development of the Forecast of social and economic development, including development and approval of technique of forecasting of the main indicators of social and economic development of the country and regions for the five-year period;

18-1) approval of method of development of strategies of development for the cities of republican and regional values;

19) monitoring and analysis of macroeconomic indicators of the republic;

20) forming of tax and budget policy, and also policy in the field of customs affairs;

21) development of suggestions for improvement of the tax and budget legislation, and also in the field of customs affairs;

22) development of offers on development of the budget system;

23) forecasting of the income of the local budget to the bill of the Republic of Kazakhstan on amounts of transfers of general nature between republican and regional budgets for the 3-year period;

24) forecasting of the budget parameters for the three-year period and the long-term period including the forecast of receipts and expenses of the consolidated, state and republican budgets, budget deficit, forecasting of indicators of National fund;

25) development and approval of technique of calculations of transfers of general nature;

26) development of offers on forming of policy of the state and guaranteed by the state borrowing is also long, long according to guarantees of the state;

27) determination of limit of government debt and debt of local executive body, limits of provision of the state guarantees and guarantees of the state;

27-1) in coordination with the central authorized body on budget implementation and the central authorized body to budgetary planning establishment of requirements to development or adjustment of the conclusion for provision of the state guarantees on export support;

27-2) establishment of the amount for determination of limit of provision of the state guarantee of export support according to the procedure, determined by the Government of the Republic of Kazakhstan;

27-3) realization within the competence of state policy of the sphere of creation and functioning of special economic and industrial zones;

27-4) participation in limits of the competence of development and coordination of projects of the regulatory legal acts of the Republic of Kazakhstan regulating activities of special economic and industrial zones;

27-5) coordination of technique of efficiency evaluation of activities of special economic and industrial zones;

27-6) coordination of the list of priority types of activity to which the special legal regime of special economic zone extends;

27-7) participation in work of the special commission;

28) development of offers on the specific sizes of individual rate of severance tax under low-profitable contracts;

29) conducting economic examination of the drafts contract on subsurface use concluded before enforcement of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use";

29-1) conducting economic examination of draft agreements on conversion of solid minerals;

30)  No. 1160 is excluded according to the Order of the Government of the Republic of Kazakhstan of 31.12.2015;

31) consideration of documents concerning the budget crediting, except for the budget credits directed to covering of cash deficit of subordinate budgets;

32)  No. 1160 is excluded according to the Order of the Government of the Republic of Kazakhstan of 31.12.2015;

33) forming of policy of the state investment projects;

34) forming of limits of the state obligations on projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan and local executive bodies;

35) methodological ensuring planning of budget investments, projects of public-private partnership, including concessionary projects;

36) development and approval of technique of determination of need for objects of education, health care, social protection and forming of the list of investment projects in coordination with authorized state bodies in the fields of education, health cares, social protection;

36-1) development and approval of system of regional standards for settlements together with the central authorized bodies performing management in education, health cares, culture and sport, informatization and highways;

37) preparation of the economic conclusions according to investment offers of the state investment projects, the budget investment projects and budget investments planned to realization by means of participation of the state in the authorized capital of legal entities of administrators the state employee of programs;

38) implementation of selection of investment projects for provision of the state guarantees;

39) implementation of selection of projects of public-private partnership, including concessionary projects for provision of guarantees of the state;

40) consideration of projects of public-private partnership, including concessionary projects on joint financing condition;

41) approval of technique of cost determination of subject to concession and total cost of the state support of activities of concessionaries and sources of cost recovery;

42) involvement of the specialized organization for concession for conducting examination of documents in the field of the concessions, except as specified, established by subitem 3-2) of article 13 of the Law of the Republic of Kazakhstan "About concessions";

43) the direction of documents for conducting economic examination of the republican budget investment projects including corrected, the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities at the expense of means of the republican budget, including the corrected financial and economic reasons, and also for again created, investment projects for provision of the state guarantees, the budget crediting of the budget investment projects requiring development of the feasibility statement, and realization of the state investment policy by the financial agencies at the expense of means of the republican budget to the legal entity determined by the Government of the Republic of Kazakhstan;

44) forming of the list republican budget investment and projects of public-private partnership, including concessionary projects, development or adjustment, and also conducting necessary examinations of feasibility statements on the budget investment projects, tender documentation of projects of public-private partnership, including concessionary projects, advisory support of projects of public-private partnership, including concessionary projects which are performed at the expense of means of the appropriate distributed budget program;

45) forming and approval of the list of the objects offered to transfer to concession for the medium-term period if objects belong to republican property;

46) assessment of implementation of the budget investment projects and budget investments by means of participation of the state in the authorized capital of legal entities, projects of public-private partnership, including concessionary projects;

47) the direction of results of assessment of projects implementation of public-private partnership, including concessionary projects, in authorized state body on implementation of the right of the order republican property for introduction of the agreements of concession this in the register on the objects of public-private partnership, including concession relating to republican property;

48) implementation of cross-industry coordination and methodological management in the field of project organization of public-private partnership, including concessionary projects;

49) maintaining register of agreements of concession;

50) approval of technique of cost determination of conducting examination and assessment of documentation on questions of budget investments, public-private partnership, including concessions, investment projects for provision of the state guarantees, and the budget crediting of the budget investment projects requiring development of the feasibility statement, and realization of the state investment policy by the financial agencies at the expense of means of the republican budget;

50-1) approval together with the central authorized body on budget implementation of the list of socially important investment projects and (or) investing programs of the National operator on management of highways and the company performing management functions by objects of transport infrastructure of the capital and other subjects of the quasi-public sector on which one of sources of repayment of non-state loan under the state guarantee are payments (payments) from republican and local budgets according to which the preliminary one-time payment (collection) for provision of the state guarantee on non-state loan is not levied from the borrower the guarantee of bank of the second level or the insurance contract are not provided, equity availability is not required;

51) approval of technique of cost determination of services in advisory support of projects of public-private partnership, including concessionary projects;

52) development of suggestions for improvement of mechanisms of functioning of local public administration;

53) forming of the list of requests for attraction of the connected grants and submission to the Government of the Republic of Kazakhstan of the summary report on use of the connected grants based on results of their assessment;

54) development of offers on creation of the institutional and legal framework of use of mechanisms of public-private partnership in economy industries;

55) development of offers on distribution of target transfers from the republican budget on development of regions;

56) forming of offers on the local budget investment projects financed by target transfers on development and budget credits from the republican budget, their compliance to the criteria of priorities of regional policy determined by authorized body in the sphere of regional development;

57) development of suggestions for improvement of mechanisms of forming, use and management of National fund of the Republic of Kazakhstan;

58) project development of the Law of the Republic of Kazakhstan "About the guaranteed transfer from National fund of the Republic of Kazakhstan";

59) coordination of work on forming of state policy in the field of protection of the competition and restriction of monopolistic activities;

59-1) submission annually to the Government of the Republic of Kazakhstan of status reports of spheres of natural monopolies, about execution of the approved tariff estimates, about execution of the approved investing programs;

59-2) approval of rules of forming of rates;

59-3) approval of rules of implementation of activities by subjects of natural monopolies;

59-4) approval of standard agreements of provision of regulated services;

59-5) approval of the list of regulated services;

59-6) approvals of the list of subjects of natural monopolies, rates to which affirm using the stimulating method of tariff regulation;

59-7) approval of regulations on Council for tariff policy and its members;

59-8) approval of rules of calculation and payment of the temporary balancing payment, the stipulated by the legislation Republic of Kazakhstan about rail transport in coordination with the central executive body performing management in the sphere of rail transport;

60) No. 704 is excluded according to the Order of the Government of the Republic of Kazakhstan of 15.11.2015;

61) No. 299 is excluded according to the Order of the Government of the Republic of Kazakhstan of 26.05.2017;

62) No. 299 is excluded according to the Order of the Government of the Republic of Kazakhstan of 26.05.2017;

63)  No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-1) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-2) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-3) development of offers on forming of state policy in the socially significant markets;

64-4) implementation of state regulation of the prices and state control of observance of procedure for pricing and obligations of the subject of the socially significant market;

64-5) approval of rules of pricing in the socially significant markets;

64-6) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-7) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-8) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

64-9) No. 251 is excluded according to the Order of the Government of the Republic of Kazakhstan of 04.05.2019;

65) international cooperation within competence of the Ministry;

66) coordination of work of state bodies on the international economic cooperation, interaction with the international financial and economic organizations, the donor countries for coordination of the external help and their activities, rating agencies;

67) performance on behalf of the Government of the Republic of Kazakhstan at negotiations with the international economic organizations, and also within bilateral initiatives;

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