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

of November 26, 2015 No. 731

About approval of the Technique of determination 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

According to Item 8 of Article 160 of the Budget code of the Republic of Kazakhstan of December 4, 2008 PRIKAZYVAYU:

1. Approve the enclosed Technique of determination 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.

2. To provide to department of budget investments and development of public-private partnership 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 the direction it the copy 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. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of December 2, 2014 No. 121 "About approval of the Technique of determination of limits of the state concessionary obligations of the Government of the Republic of Kazakhstan and local executive bodies" (registered in the Register of state registration regulatory legal acts for No. 9989).

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

5. 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 November 26, 2015, No. 731

Technique of determination 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

Chapter 1. General provisions

1. This Technique of determination 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 (further - the Technique) is developed according to Item 8 of Article 160 of the Budget code of the Republic of Kazakhstan of December 4, 2008 for the purpose of determination of the mechanism of their calculation.

2. In this Technique the following basic concepts are used:

1) the state obligations on projects of public-private partnership, including the state concessionary obligations - set of the rights and obligations of the state partner / concedent in the amount for certain date of the financial liabilities accepted and not performed by the state partner / kontsendentom under the signed agreements of public-private partnership, including concession;

2) limits of the state obligations of projects of public-private partnership, including the state concessionary obligations - value for the corresponding financial year which sets limits of adoption of the state obligations of projects of public-private partnership, including the state concessionary obligations, taking into account annual payments of outstanding state obligations on projects of public-private partnership, including the state concessionary obligations.

Chapter 2. Determination of limit of the state obligations on projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan

3. Adoption by the Government of the Republic of Kazakhstan of the state obligations on projects of public-private partnership, including the state concessionary obligations, is limited to the limit set by the law on the republican budget for the corresponding financial year.

4. The limit of the state obligations of projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan for the corresponding financial year is created by the central authorized body on state planning taking into account the income of the republican budget and is the limiting restriction which is annually submitted for approval within the law on the republican budget for the corresponding financial year.

5. The limit of the state obligations of projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan is established according to the following calculation:

Scolgov <InRB * 0.20

The limit of adoption of the state obligations of projects of public-private partnership, including the state concessionary obligations for the corresponding financial year is made according to the following calculation:

Lmocolgov <Scolgov – CLLG, where:

InRB – the income of the republican budget;

Scolgov – limit of the state obligations of projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan for the corresponding financial year consisting of the amount of limit of acceptance and the assumed and outstanding state obligations on projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan;

Lmocolgov – limit of adoption of the state obligations of projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan for the corresponding financial year;

CLLG – the assumed and outstanding state obligations on projects of public-private partnership, including the state concessionary obligations, the Governments of the Republic of Kazakhstan for the beginning of the corresponding financial year.

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