ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2015 No. 304

About approval of Rules of approval of projects (feasibility statements and the design estimates) intended for construction of facilities at the expense of budgetary funds and other forms of the state investments

According to subitem 11-6) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of approval of projects (feasibility statements and the design estimates) intended for construction of facilities at the expense of budgetary funds and other forms of the state investments.

2. To provide to 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 in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of April 2, 2015 No. 304

Rules of approval of projects (feasibility statements and the design estimates) intended for construction of facilities at the expense of budgetary funds and other forms of the state investments

Chapter 1. General provisions

1. These rules of approval of projects (feasibility statements and the design estimates) intended for construction of facilities at the expense of budgetary funds and other forms of the state investments (further - Rules), it is developed according to subitem 11-6) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

2. Rules are obligatory in case of approval of projects (feasibility statements and the design estimates) of construction of new buildings and constructions, their complexes, engineering and transport communications, and also changes (expansions, upgrades, modernization, reconstruction and major repair) the existing objects.

3. In these rules the following basic concepts are used:

1) the administrator of budget programs - the state body responsible for planning, reasons, realization and achievement of results of budget programs;

2) budget investments - the financing from the republican or local budget directed to forming and (or) increase in the authorized capital of legal entities, creation and (or) development of assets of the state by implementation of budget investment projects;

3) the budget investment project - set of the actions directed to creation (construction) new or reconstruction of the available objects, and also creation, implementation and development of the information systems 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;

4) the affiliated organization - the legal entity whose prevailing part of the authorized capital was created by other legal entity;

5) concedent - The Republic of Kazakhstan on behalf of the Government of the Republic of Kazakhstan or local executive body operating through the relevant authorized state bodies;

6) the concessionary - the legal entity (except for public institutions and the state companies) who acquired the rights to subject to concession according to the agreement of concession;

7) subject to concession - the objects of social infrastructure and life support included in the list which are created (are reconstructed) and operated under the agreement of concession;

8) the state investments into construction - investments into construction of new buildings and constructions, their complexes, engineering and transport communications, and also reconstruction (expansion, upgrade, modernization) or major repair of the existing objects which source are:

means republican and (or) local budgets, including the target funds allocated for budget investments and budget crediting of subjects of the quasi-public sector;

target means of non-state loans under the state guarantee or the guarantee of the state;

means of National fund of the Republic of Kazakhstan;

the funds allocated for implementation of concessionary projects;

9) estimated cost of construction - the object construction cost determined in case of development of feasibility statements on construction;

10) the estimated cost of construction - the object construction cost determined according to estimate standard rates in case of development of the design estimates on construction;

11) the approved estimated cost of construction - object construction cost at the time of approval of estimate documentation by the customer;

12) customers - state bodies, public institutions, the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and legal entities, and also national managing holdings, national holdings, national managing companies, the national companies, affiliirovanny with them, and legal entities, affiliirovanny with them, National Bank of the Republic of Kazakhstan, and legal entities concerning whom they are founders (authorized bodies) or shareholders, performing construction for the account or with participation of the state investments.

4. The feasibility statement and the design estimates on construction of facilities are submitted for approval no later than fifteen calendar days after receipt of the positive conclusion of complex non-departmental examination.

The feasibility statement and the design estimates on construction of facilities affirms no later than twenty calendar days after representation on approval.

5. The objects which are under construction due to the state investments are subject to realization only after approval of the feasibility statement and the design estimates.

Chapter 2. Approval procedure of feasibility statements and the design estimates on construction of facilities

6. After receipt of the positive conclusion of complex non-departmental examination the feasibility statement or the design estimates on construction of facilities (buildings and constructions, their complexes, engineering and transport communications), financed by target budgetary funds, is subject to approval (the first head or person authorized by the first head) by the administrator of budget programs.

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