LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2021 No. 100-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public administration, enhancement of mortgage policy of banks of the second level, regulation of estimative activities and enforcement proceeding

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994:

1) in Item 2 of Article 317:

in part one and paragraph one of part two to exclude the word "extremely";

add with part three of the following content:

"Violation of the obligation provided with pledge on the mortgage loans provided with the dwelling of physical person and not connected with business activity is insignificant and the size of requirements of the pawnbroker obviously disproportionate costs of pledged property in case of simultaneous availability of the following conditions:

1) the amount of the unexecuted obligation (without penalty (penalty, penalty fee) is made by less than fifteen percent from the cost of pledged property determined by the parties in the pledge agreement;

The period of delay of the obligation fulfillment provided with pledge constitutes 2) less than six months.";

Shall be replaced with words 2) in part one of item 4 of Article 319 of the word "In the Biddings" "If other is not provided by legal acts of the Republic of Kazakhstan, in the biddings".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

1) in Item 1 of Article 3:

to add subitem 12-5) after words of "unallotted remaining balance" with words "reserve on initiatives of the President of the Republic of Kazakhstan,";

subitems 17-1), 29-1), 30), 55), 61), 62-1) and 70) to state in the following edition:

"17-1) 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 documents of System of state planning prepared based on the conclusion of economic examination of the feasibility statement on the budget investment project;";

"29-1) 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 documents of System of state planning 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;";

"30) the investment offer - the conceptual offer proving feasibility of implementation of the state investment projects within implementation of documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan and orders of the President of the Republic of Kazakhstan, reflecting the purpose of investment, way of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of budget programs;";

"55) the central authorized body on state planning - the central executive body performing management and cross-industry coordination in the field of economic planning, development and forming of budget policy and also on forming and realization of state policy in the field of regional development;";

"61) indicators of results - set of the target indicators, straight lines and resulting effects characterizing activities of state body for implementation of the development plan for state body, development plans for area, city of republican value, the capital and (or) budget programs;";

"62-1) target indicator - the indicator which is quantitatively measuring goal achievement of the development plan for state body or the development plan for area, city of republican value, the capital;";

"70) resulting effect - the indicator of the budget program which is quantitatively measuring goal achievement of the development plan for state body, the development plan for area, city of republican value, the capital and (or) the budget program, caused by achievement of direct results of activities of state body;";

2) subitems 3), of Article 4 to state 4), 6), 10) and 14) in the following edition:

"3) the principle of realness - compliance approved (specified, corrected) budget indicators approved (specified, corrected) to parameters, the directions of forecasts of social and economic development, national projects, development plans for state bodies, development plans for area, city of republican value, the capital;

4) the principle of transparency - obligatory publication of the regulatory legal acts in the field of the budget legislation of the Republic of Kazakhstan approved (specified, corrected) budgets and reports on their execution, the civil budget, development plans for state bodies and reports on their realization, the report on forming and use of National fund of the Republic of Kazakhstan, except for the data which are the state or protected by the law other secret and also obligatory openness of budget process for society and mass media;";

"6) the principle of effectiveness - development and budget implementation, oriented to implementation of national projects, achievement of indicators of the results provided by development plans for state bodies, development plans for area, city of republican value, the capital and (or) budget programs of state bodies;";

"10) the principle of timeliness - transfer of receipts in republican and local budgets, into the control account of cash of National fund of the Republic of Kazakhstan and their transfer into accounts of the Government in National Bank of the Republic of Kazakhstan, in Fund of compensation by the victim, transfer and distribution of receipts in budgets of state members of the Eurasian Economic Union, adoption of obligations by public institutions according to individual funding plans according to obligations, carrying out payments according to individual funding plans on payments and transfer of budgetary funds for accounts of receivers of budgetary funds in terms with observance of the procedure determined by the corresponding regulatory legal acts of the Republic of Kazakhstan;";

"14) the principle of targeting and special-purpose character of budgetary funds - the direction and use of budgetary funds by administrators of budget programs, subjects of the quasi-public sector for implementation of national projects, achievement of indicators of the results provided by development plans for state bodies, development plans for area, city of republican value, the capital and (or) budget programs of state bodies, financial and economic reasons for budget investments by means of participation in the authorized capital of subjects of the quasi-public sector with compliance with law of the Republic of Kazakhstan.";

3) in Article 5:

exclude Item 2;

state Item 5 in the following edition:

"5. The provisions specified in item 4 of this Article do not extend to decisions of maslikhats on modification and amendments in decisions of maslikhats on the local budget, and also to regulatory legal acts about their realization.";

exclude Item 6;

4) in part three of Item 3 of Article 6 of the word "and expenses of Fund of compensation by the victim" shall be replaced with words "and payments of Fund of compensation by the victim, receipts and expenses of the State Social Insurance Fund, receipt and expenses of Fund of social medical insurance,";

Article 12 to add 5) with Item 6 of the following content:

"6. Growth rates of expenses of the republican budget (for planning period) are limited to the level of the long-term economic growth increased by the purpose on inflation.

Level of long-term growth is determined as average value of growth of real gross domestic product in ten years preceding planning period.

The purpose is determined by inflation as the center of target reference point for inflation for the planning period established by National Bank of the Republic of Kazakhstan.";

Article 13 to add 6) with subitem 5-1) of the following content:

"5-1) not oil deficit (surplus) of the budget;";

Part one of Item 6 of Article 19 to state 7) in the following edition:

"6. Assignment from reserves of the Government of the Republic of Kazakhstan and local executive bodies is performed within the amounts approved in republican or local budgets the current financial year, resolutions according to the Government of the Republic of Kazakhstan and local executive bodies and also legal acts of authorized body in the field of civil protection which void upon completion of financial year.";

8) in item 4 of Article 20:

the fourth to state part in the following edition:

"Borrowing in case of the forecast in the next financial year of cash deficit can be performed for a period of up to six months within financial year and does not require refining republican or local budgets.";

parts the fifth, the sixth, seventh and eighth to exclude;

Shall be replaced with words 9) in item 4 of Article 21 of the word of "priorities of social and economic development of the republic" "national priorities";

The subitem 4) of Item 1 of Article 23 to state 10) in the following edition:

"4) in the form of the target transfers transferred from National fund of the Republic of Kazakhstan to the republican budget for the decision of the President of the Republic of Kazakhstan for financing:

anti-recessionary programs during recession periods of economy or delay of growth rates of economy;

socially important projects of national scale, strategically important infrastructure projects in the absence of alternative sources of their financing.";

Shall be replaced with words 11) in Item 1 of Article 29 of the word of "strategic and program documents of the Republic of Kazakhstan, strategic plans of state bodies" "documents of System of state planning";

Item 9 of Article 31 to state 12) in the following edition:

"9. Administrators of budget programs carry out discussion: drafts of development plans for state bodies and budget programs; accomplishment of development plans for state bodies and budget programs; reports on achievement of target indicators of development plans for state bodies, reports on implementation of budget programs, performance reports of plans of receipts and expenses of money from sales of goods (works, services), arrival reports and expenditure of money from charity, reports following the results of public discussions on the Internet portal of open project budgets of budget programs and reports on implementation of budget programs - at meeting of the Public council formed according to the Law of the Republic of Kazakhstan "About public councils".";

13) in Article 32:

state Item 1 in the following edition:

"1. The budget program of the administrator of republican budget programs developing the development plan for state body determines the direction of expenses of the republican budget interconnected with the purposes determined in the development plan for state body.

The budget program of the administrator of republican budget programs who is not developing the development plan for state body determines the direction of expenses of the republican budget interconnected with the powers determined in regulations on state body.

The budget program of the administrator of local budget programs determines the direction of expenses of the local budget interconnected with the purposes, target indicators determined in the corresponding development plan for area, city of republican value, the capital or the powers determined in regulations on state body.";

parts first, second and third Item 2 to state in the following edition:

"2. The budget program is developed for planning period annually on the sliding basis by the administrator of budget programs and contains indicators of direct and final results, amounts of the planned budgetary funds for planning period, indicators of economic effect of the declared expenses on budget investment projects, forming and (or) increase in the authorized capital of legal entities, budget subsidies.

Budget programs of administrators of the republican budget programs developing development plans for state bodies affirm administrators of budget programs in coordination with the central authorized bodies for state planning and budgetary planning.

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