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

of October 12, 2015 No. 663

About modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" (No. registered in the Register of state registration of regulatory legal acts 9938, published on December 19, 2014 in information system of law of Ad_let) the following changes and amendments:

state Item 3 in the following edition:

"3. This order becomes effective from the date of its state registration.

The paragraph the fourth Item parts one 53, Item part ten 114, Item part nine 115, part nine of Item 138 of Rules are effective till December 31, 2015.";

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of the budget investments approved by the specified order:

state Item 1 in the following edition:

"These rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments (further – Rules) are developed according to Item 14 of Article 151, Item 6 of Article 152, Items 5 and 21 of Article 153, Item 13 of Article 154, Items 10 and 11 of Article 157, Items 3 and 4 of Article 159, the subitem 2) of Article 187 of the Budget code of the Republic of Kazakhstan.";

state Item 2 in the following edition:

"2. In these rules the following concepts are used:

1) assessment (during economic examination) – the conclusions characterizing information provided in the feasibility statement on the budget investment project or in financial and economic reasons for budget investments;

2) the administrator of budget programs (further – ABP) – the state body responsible for planning, reasons, realization and achievement of results of budget programs;

3) 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;

4) financing sources on budget investments – means republican and/or local budgets, including the borrowed funds allocated for realization of budget investments;

5) effectiveness of budget investments – availability of the proofs confirmed with calculations, cost and financial performance of budget investments by means of forming and (or) increase in the authorized capital of the legal entity, and also possibility of achievement of direct and final results, availability of performance indicators and quality;

6) feasibility of budget investments – reasons for economic feasibility of implementation of budget investments by means of forming and (or) increases in the authorized capital of the legal entity and implementation of budget investment projects, their influences on national economy and compliance of the project to documents of system of state planning;

7) the budget investment project (further – the PIP) – 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;

8) the economic conclusion according to the budget investment project – the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of the budget investment project, its influence on national economy and the compliance to strategic and (or) program documents prepared based on the conclusion of economic examination of the feasibility statement on the budget investment project;

9) monitoring of budget investment projects – set of actions for regular and systematic collection and information analysis about the course of creation (construction) new, reconstruction of the available objects, and also creations, implementations and developments of information systems from the moment of allocation of budgetary funds until commissioning;

10) assessment of implementation of budget investment projects – set of measures for determination of extent of goal achievement of the project and compliance of actually received results to planned from the moment of commissioning of the facility or implementation and operation of information systems;

11) the specification on development or adjustment of the budget investment project – the document determining requirements to the feasibility statement on the budget investment project, qualification requirements to his potential developer, and also regulating terms and amount of works on development or adjustment of the feasibility statement on the budget investment project;

12) feasibility of the budget investment project – approachibility of indicators (direct and final) project deliverables;

13) resource and infrastructure providing the budget investment project – the indicators characterizing the planned and reached level of need for resource and infrastructure security of the project;

14) economic examination of the feasibility statement on the budget investment project – complex assessment of information provided in the feasibility statement, regarding determination of feasibility and efficiency of the project, carried out based on the conclusion of industry examination and others, the conclusions of examinations required according to the legislation of the Republic of Kazakhstan;

15) efficiency of the budget investment project – approachibility of the best direct result with use of required amount of budgetary funds or goal achievements of the project with use of smaller amount of budgetary funds or receipt of positive economic effect of project implementation;

16) budget crediting – the process including procedures of decision making about provision, use, servicing and repayment of budget credit;

17) payback of the actions realized at the expense of budget credit – availability of the proofs confirmed with calculations, recoverability of budget credit and financial performance of the project;

18) cost and social efficiency of implementation of actions by means of budget crediting – availability of the proofs confirmed with calculations, availability of social and economic benefits from the project planned to realization by means of budget crediting;

19) Gant's chart – the chart used in the electronic portal of budget investments for illustration of graphical display of the sequence and duration of the project plan and the working schedule in time;

20) monitoring of budget investments by means of participation of the state in the authorized capital of legal entities – set of actions for regular and systematic information collection, accounting and the analysis of realization of budget investments by means of participation of the state in the authorized capital of the legal entities involved from the republican or local budget, by means of forming of the original authorized capital, acquisition of the block of shares (share) of legal entities until final realization of the specified actions;

21) assessment of budget investments by means of participation of the state in the authorized capital of legal entities – set of measures for determination of extent of goal achievement and compliance of actually received results to planned from the moment of final implementation of actions;

22) economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities – complex assessment of information provided in financial and economic reasons, regarding compliance of actions to criteria of justification and effectiveness, carried out based on the conclusion of industry examination and required according to the budget legislation of the Republic of Kazakhstan of other conclusions of examinations;

23) the economic conclusion on budget investments by means of participation of the state in the authorized capital of legal entities – the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of budget investments, their influence on national economy and the compliance to strategic and (or) program documents prepared based on the conclusion of economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities;

24) planning documents of activities of legal entities – the development strategy for 10 years and development plans for 5 years of national managing holdings, national holdings, the national companies with participation of the state in the authorized capital, and also the development plans for the joint-stock companies and limited liability partnerships, the state companies controlled by the state approved in the procedure established by the legislation of the Republic of Kazakhstan on development and approval of development strategies on 10 years and development plans for 5 years of national managing holdings, the national holdings, the national companies with participation of the state in the authorized capital controlled by the state of joint-stock companies and limited liability partnerships, the state companies;

25) the purposes of development of the legal entity – implementation of actions aimed at the development of industry, improvement of economic and social situation in industry which are not providing covering of the current losses of economic activity and financing of current expenses;

26) budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further – Investments) – implementation of actions, aimed at the development of the legal entity by means of forming and (or) increases in its authorized capital from the republican or local budget;

27) the receiver of budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further – the Receiver) – the legal entity who is the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments;

28) justification of budget investments by means of forming and (or) increase in the authorized capital of the legal entity – availability of the proofs documented and (or) calculations, the amount of financing on implementation of actions, and also impossibility of financing of actions at the expense of own and borrowed funds;

29) the investment offer – the conceptual offer proving feasibility of implementation of the state investment projects within implementation of the state, industry programs and development programs of the territories for achievement of strategic objective, reflecting ways of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of budget programs;

30) information leaf of the investment offer – the document containing the main information on the state investment project, disclosing feasibility of its realization;

31) the economic conclusion on the investment offer – complex assessment of information provided in the investment offer, with use of the analysis of benefits and costs, carried out based on the conclusion of industry examination and other conclusions of the examinations required according to the budget legislation of the Republic of Kazakhstan;

32) subjects of the quasi-public sector – the state companies, limited liability partnerships, joint-stock companies, including national managing holdings, national holdings, the national companies, participant or the shareholder of which is the state, and also the affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan;

33) the concessionary project – set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About concessions";

34) the creditor – the party of the credit agreement granting budget credit according to the budget and civil legislation of the Republic of Kazakhstan;

35) the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies – JSC Kazakhstan Center of Public-private Partnership, according to the order of the Government of the Republic of Kazakhstan of July 17, 2008 No. 693 "About creation of the specialized organization for concession" or the legal entity determined by the decision of local executive body;

36) economic examination of financial and economic reasons for budget crediting for realization of the state investment policy by the financial agencies of the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies – complex assessment of information provided in financial and economic reasons regarding compliance of actions to criteria "cost and social efficiency of implementation of actions by means of budget crediting" and "payback of the actions realized at the expense of budget credit";

37) financial and economic reasons (further – FEO) – the document containing data on feasibility, justification and result assessment from investment of budgetary funds in the authorized capital of legal entities;

38) the financial agency – national managing holding and legal entities whose hundred percent of shares belong to national managing holding, and also bank or the organization with absolute participation of the state performing the separate types of banking activities authorized according to the legislation of the Republic of Kazakhstan on realization of the state investment policy in certain spheres of economy and performing for this purpose borrowings in the financial market of the Republic of Kazakhstan and (or) the international financial market;

39) financial and economic reasons for budget crediting for realization of the state investment policy by the financial agencies (further – FEO of budget credit) – documentation containing results marketing, socio-economic analysis, and also financial calculations, the proving paybacks and cost and social efficiency of implementation of actions by means of budget crediting;

40) participants of the financial scheme – the organizations participating in obtaining and distribution of budget credit except for of the final borrowers who are not subjects of the quasi-public sector;

41) adjustment of financial and economic reasons – change of the set financial and economic parameters of budget investments by means of participation of the state in the authorized capital of the legal entities attracting amendment and (or) change of actions, technical technology solutions, increase in the expenses provided on the approved actions;

42) the borrower – the party of the credit agreement obtaining budget credit which incurs obligations on repayment of principal debt and payment of remuneration, and also other payments according to the credit agreement;

43) participants (further – Participants) – the organizations participating in obtaining and distribution of budget investments by means of forming and (or) increase in the authorized capital of the legal entity;

44) component – the action component having complete nature;

45) the marketing circle – set of active subjects and conditions in which activities of the legal entity are performed, being the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments, and influencing opportunities to establish and maintain the relations of successful cooperation with target clients;

46) the module of monitoring of budget investments of the electronic portal of authorized body on state planning (further – the electronic portal) – the information system intended for automation of accounting and monitoring of the planned and implementable budget investments;

47) the state investment project (further – GIP) – complex of the actions directed to achievement of strategic objectives of the state by implementation of budget investments and implementation of concessionary projects;

48) product – the result of economic activity provided in material and material (material product) or non-material (intellectual product) form, or in work type and (or) services, including financial;

49) the conclusion of industry examination – assessment of the investment offer of the state investment project or feasibility statement on the budget investment project or financial and economic reasons for budget investments regarding compliance to priorities of development of industry;

50) estimated cost – the construction cost of object (complex) determined according to estimate standard rates in case of development of the project documentation on construction;

51) the feasibility statement (further – the feasibility study) – the document containing data on the main technical, technology and other solutions, and also results of studying of feasibility and efficiency of the budget investment project which is carried out on the basis of the economic analysis of benefits and costs with determination of the key technical and economic parameters;

52) adjustment of the feasibility statement – change of the set technical and economic parameters of the budget investment project involving change of technical solutions and additional expenses;

53) technical and economic parameters – the main indicators provided in the feasibility statement, and also considering parameters of information system;

54) the final borrower – the final receiver of the budget credit granted to it by the specialized organization or the borrower on behalf of local executive body on the conditions determined by the creditor or the financial agency;

55) resulting effect – target condition (change of condition) of level and quality of life of the population, the social sphere, economy, public safety and other industries (spheres) of public administration caused by achievement of direct results of activities of certain state body, activities of other state bodies;

56) direct result – the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service;

57) action – complex of the interconnected component(s) directed to accomplishment of the tasks which are carried out within implementation of budget investments.";

1) of Item 5 to state the subitem in the following edition:

"1) budget investments which can be directed on:

creation (construction) and reconstruction of objects which can be technically difficult and (or) unique, and technically simple and (or) standard, creation, implementation and development of information systems;

institutional development of industry (industries) by means of forming or increase in the authorized capital of subjects of the quasi-public sector;";

6) and 7) of Item 6 to state subitems in the following edition:

"6) in case of adjustment of the feasibility study the PIP or FEO of Investments in addition is represented:

the comparative table with indication of the technical solutions and (or) additional expenses assumed to change according to the feasibility study the PIP or FEO of Investments, and also the PIP or FEO of Investments approved by the feasibility study;

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