LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2022 No. 177-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning realization of personal errands of the Head of state

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 (Special part) of July 1, 1999:

Part third of Item 1 of Article 740 to add 1) with subitem 2-3) of the following content:

"2-3) on the money which is on the bank accounts in housing construction savings bank intended for transfer of payments and subsidies for the purpose of payment for leased housing in private housing stock;";

Part the second Article 741 to add 2) with subitem 2-3) of the following content:

"2-3) on the money which is on the bank accounts in housing construction savings bank intended for transfer of payments and subsidies for the purpose of payment for leased housing in private housing stock;".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003:

in Item 2 of Article 119-2:

add part one with subitem 1-1) of the following content:

"1-1) after the expiration of three years from the moment of commissioning of all objects (structures, constructions) provided by the agreement on implementation of activities in the territory of special economic zone, in case of projects implementation, belonging to industries of processing industry which are connected with processing of raw materials, materials, substances, components for new product, on the parcels of land which are in state-owned property.

The compulsory provision of the redemption of the parcel of land according to this subitem is implementation of production on the corresponding objects (structures, constructions).

Provisions of this subitem are not applied to the parcels of land which passed into state-owned property by compulsory acquisition of the parcel of land for the state needs at owners of the parcels of land and land users for creation and functioning of special economic zones according to Article 84 of this Code;";

the second to state part in the following edition:

"At the same time participants of special economic or industrial zone of republican or regional value in the cases provided by part one of this Item, having the right to redeem the parcel of land at the price equal to the cadastral (estimative) value established at the time of the conclusion of the agreement on activities implementation.".

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

The subitem 17) of Item 1 of Article 3 to add 1) with words ", directorate on implementation of the pilot national project in the field of education during the certain period of time and having complete nature";

2) the subitem 10) of article 4 after words "compensations by the victim," to add with the words "in Fund of support of infrastructure of education";

3) part third of Item 3 of article 6 after words "compensations by the victim," to add with words "receipts and expenses of Fund of support of infrastructure of education,";

The subitem 14) to state 4) to part one of Item 4-1 of Article 41 in the following edition:

"14) on carrying out researches in the field of sustainable economic development of national economy, scientific economic examination of projects of regulatory legal acts;";

Article 45 to add 5) with Item 9-2 of the following content:

"9-2. Amounts of transfers of general nature of budgets of areas, cities of republican value, the capital are determined taking into account:

1) amounts of current costs taking into account the specified plan as of May 1 of the year preceding the planned period according to technique of calculations of the transfers of general nature represented by local executive bodies;

2) forecast amount of current costs on preschool education and training, on primary, main secondary and general secondary education, represented by authorized body to the fields of education in coordination with local executive bodies of areas, cities of republican value, the capital;

3) to information on indicators and coefficients created according to the technique of calculations of transfers of general nature provided by the central authorized bodies of the corresponding industries (spheres) in coordination with local executive bodies of areas, cities of republican value, the capital;

4) information on the cost forecast of the local budget development programs directed to implementation of documents of the System of state planning provided by the central authorized bodies of the corresponding industries (spheres) in coordination with local executive bodies of areas, cities of republican value, the capital.

The central authorized body on state planning constitutes the draft of the conclusion by calculations of transfers of general nature and submits it for consideration of the Republican budget commission.

Consideration and determination of amounts of transfers of general nature come to the end no later than August 1 of the current financial year.

Responsibility for justification, reliability of the provided information to calculations of transfers of general nature are born by heads of the central authorized bodies of the corresponding industries (spheres) and akims of areas, cities of republican value, the capital according to the laws of the Republic of Kazakhstan.

The central authorized bodies of the corresponding industries (spheres) provide budget monitoring of the indicators accepted when calculating transfers of general nature, the target transfers included in base of the local budget, and the minimum amounts of financing established by the law on amounts of transfers of general nature.

The central authorized bodies of the corresponding industries (spheres) following the results of year send to the central authorized body on budget implementation results of budget monitoring for forming of the analytical report about execution of the appropriate budget program.

Carrying out budget monitoring and forming of the analytical report about execution of the appropriate budget program are performed according to the methodological and methodical approaches determined by authorized body by budget implementation.";

6) in Article 46:

add Item 5-1 with part two of the following content:

"The condition of joint financing of budget investments from the subordinate local budget does not extend to budget investment projects within the pilot national project in the field of education.";

in Item 7:

part one after words "the higher budget," to add with the words "except for the pilot national project in the field of education";

add with part two of the following content:

"The expenses connected with increase in estimated cost of the local budget investments realized within implementation of the pilot national project in the field of education are financed in cases and procedure which are provided by the pilot national project in the field of education approved by the Government of the Republic of Kazakhstan.";

7) in Article 49:

subitems 7), 22), 30), 31), 33), 34), 35), 36) and 37-1) Items 1 to exclude;

4) and 5) of Item 2 to state subitems in the following edition:

"4) the penalties, penalty fee, sanctions, penalties imposed by the public institutions financed from the republican budget, and also containing and financed from the budget (expense budget) of National Bank of the Republic of Kazakhstan, except for receipts from the organizations of oil sector in Fund of compensation by the victim and Fund of support of infrastructure of education;

5) other non-tax receipts in the republican budget, except for receipts from the organizations of oil sector, in Fund of compensation by the victim and Fund of support of infrastructure of education.";

8) in Article 50:

add Item 1 with subitems 8-1) and 8-2) of the following content:

"8-1) payment for use of fauna;

8-2) payment on compensation of historical costs.";

add Item 2 with subitems 4-2) and 4-3) of the following content:

"4-2) means received from operators of objects according to compensatory actions, except for receipts from the organizations of oil sector;

4-3) administrative penalties, penalty fee, sanctions, penalties imposed by the legal executives, bailiffs and other staff of courts authorized by the chairman of justices or the chairman in court session, except for receipts from the organizations of oil sector and offenses in the field of the taxation;";

9) in Article 51:

in Item 1:

8) to state the paragraph of the seventh of the subitem in the following edition:

"gasoline (except for aviation), diesel fuel, газохол, бензанол, nefrac, mixes of light hydrocarbons and ecological fuel;";

add with subitems 12-1) and 25) of the following content:

"12-1) payment for use of fauna;";

"25) payment on compensation of historical costs.";

add Item 2 with subitems 4-3) and 4-4) of the following content:

"4-3) means received from users of nature according to compensatory actions, except for receipts from the organizations of oil sector;

4-4) administrative penalties, penalty fee, sanctions, penalties imposed by the legal executives, bailiffs and other staff of courts authorized by the chairman of justices or the chairman in court session, except for receipts from the organizations of oil sector and offenses in the field of the taxation;";

The paragraph of the seventh of the subitem 8) of Item 1 of Article 52 to state 10) in the following edition:

"gasoline (except for aviation), diesel fuel, газохол, бензанол, nefrac, mixes of light hydrocarbons and ecological fuel;";

Chapter 8 to add 11) with Article 52-3 of the following content:

"Article 52-3. Receipts in Fund of support of infrastructure of education

Non-tax receipts in Fund of support of infrastructure of education are:

1) the money gratuitously transferred to state-owned property from physical and (or) legal entities on the purpose of Fund of support of infrastructure of education;

2) the money which arrived in state-owned property as a result of their confiscation based on the court resolution which is taken out on corruption offense;

3) the money which arrived in state-owned property from realization of condemned property based on the court resolution which is taken out on corruption offense;

4) the money gratuitously transferred to state-owned property from physical and (or) legal entities;

5) money, including from realization of property, the states arriving in the income as a result of compensation of the damage caused to the state on corruption offense or set of criminal offenses if at least one of them is to the corruption, and also criminal offenses investigated by authorized body on anti-corruption.";

12) in Article 55:

in Item 1:

3) to state subitem paragraph two in the following edition:

"preschool education and training;";

6) to state the paragraph of the sixth of the subitem in the following edition:

"creation and reconstruction of subjects to water supply, including distribution networks of water supply, clearing, drainage systems, sewer, including sewer pumping points, the thermal and power networks which are in utility property;";

7) to add the subitem with the paragraph the sixteenth the following content:

"realization of per capita normative financing of creative circles and sports sections;";

third the subitem 10) to state the paragraph in the following edition:

"construction, reconstruction, repair and content of streets of the cities, including running repair of highways, and also technical means of regulation of traffic on them;";

add Item 5 with subitems 10), 11), 12), 13), 14), 15), 16), 17), 18), 19), 20), 21), 22), 23) and 24) of the following content:

"10) realization of other services in the field of the public assistance and social security, including placement of the state social order;

11) public assistance and social security;

12) housing help;

13) social adaptation of persons which are not taking certain residence;

14) social security of orphans, children without parental support;

15) social security aged and persons with disability, including children with disability;

16) employment of the population;

17) government address public assistance;

18) the public assistance to separate categories of the needing citizens according to decisions of local representative bodies;

19) realization of migratory actions at the local level;

20) preschool education and training, including ensuring organization activity of preschool education and training;

21) designing, construction, reconstruction, capital repairs and upgrade of distribution networks of water supply, the sewerage, sewer pumping points, gas supply and lighting which are in utility property;

22) running repair of highways;

23) inventory count of housing stock;

24) realization of per capita normative financing of creative circles and sports sections.";

Item 1 of Article 58 to add 13) with subitem 8-1) of the following content:

"8-1) developments of offers and consideration of questions on distribution of fund of support of infrastructure of education;";

14) in Article 62:

in heading of the word "and memorandum of state body" to exclude;

exclude Item 6;

Item 1 of Article 70 to state 15) in the following edition:

"1. Money from realization of goods by public institutions (works, services) which by the laws of the Republic of Kazakhstan are granted the right to perform the activities which are bringing in incomes is subject to transfer in the relevant budget, except for money from sales of goods (works, services) made by the public institutions in education, physical culture and sport, strain testings, agrochemical servicing of agricultural production, monitoring and assessment of meliorative condition of the irrigated lands, veterinary science, forestry, especially protected natural territories, Armed Forces specializing in area of sport, culture, airport activities, the sphere of delivery of health care within the guaranteed amount of free medical care and in system of compulsory social medical insurance special state and law enforcement agencies in the field of delivery of health care within the guaranteed amount of free medical care and in system of compulsory social medical insurance, and also the state libraries, the state museums, memorial estates and the Public Records Offices, according to the laws of the Republic of Kazakhstan.";

Part third of the subitem 4) to state 16) to part two of Item 1 of Article 74 in the following edition:

"The list of the budget investments including directed to projects implementation of public-private partnership by documents of System of state planning is attached to the explanatory note;";

Subitems 1-2) of parts two and third Item 2 of Article 79 to exclude 17);

Item 8 of Article 82 to add 18) with words ", and also procedures of budget implementation in case of implementation of the pilot national project in the fields of education which are determined by authorized body in the field of education in coordination with the central authorized body in the field of budget implementation";

Shall be replaced with words 19) in Article 83 of the word "and homeland security of the country" ", homeland security of the country and implementation of the pilot national project in the field of education";

20) in Article 88:

add Item 1 with subitems 12-1), 12-2) and 13-1) of the following content:

"12-1) with transfer of receipts of the money sent to Fund of support of infrastructure of education and their expenditure according to the legislation of the Republic of Kazakhstan in the field of education (the account of Fund of support of infrastructure of education);

12-2) with transfer of receipts of money of Fund of support of infrastructure of education and their expenditure according to the legislation of the Republic of Kazakhstan in the field of education (the account of local executive body on support of infrastructure of education);";

"13-1) with transfer of budget money and their use by directorate on implementation of the pilot national project in the field of education on implementation of complex of works, services within implementation of the pilot national project in the field of education (the account of directorate on implementation of the pilot national project in the field of education);";

Item 2 part one after words "compensations by the victim," to add with words of "Fund of support of infrastructure of education";

The subitem 2) of Item 2 of article 90 after words of "compensation by the victim" to add 21) with words ", Fund of support of infrastructure of education";

22) in Article 92:

to add heading after words of "compensation by the victim" with words ", Fund of support of infrastructure of education";

to add Items 1 and 2 after words of "compensation by the victim" with words ", Fund of support of infrastructure of education";

23) in Article 94:

heading after the words "from the budget" to add with words ", Fund supports of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

in Item 1:

part one after the words "from the budget" to add with words ", Fonda supports of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

part the second:

after the words "from the budget" to add with words ", Fonda supports of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

after the words "in the budget" to add with the words "Fund of Support of Infrastructure of Education, National Fund of the Republic of Kazakhstan, Fund of Compensation by the Victim";

part third:

after the words "in the budget" to add with the words "Fund of Support of Infrastructure of Education, National Fund of the Republic of Kazakhstan, Fund of Compensation by the Victim";

after the words "from the budget" to add with words ", Fonda supports of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

Item 2 after the words "in the budget" to add with the words "Fund of Support of Infrastructure of Education, National Fund of the Republic of Kazakhstan, Fund of Compensation by the Victim";

in Item 3 part one:

shall be replaced with words the words "for return from the budget" "Fund of support of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, and also for return from the budget, Fund of support of infrastructure of education, National fund of the Republic of Kazakhstan, Fund compensations by the victim";

after the words "in the budget" to add with words ", Fund of support of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

Item 5 after the words "from the budget" to add with words ", Fund supports of infrastructure of education, National fund of the Republic of Kazakhstan, Fund of compensation by the victim";

24) in Article 97:

add Item 3 with part three of the following content:

"Money transfer by the administrator of the local budget program of directorate for implementation of the pilot national project in the field of education is performed based on the requests for money transfer submitted by directorate under the signed agreements according to funding plan within the amounts specified in them the current financial year.";

add with Items 5-3, 5-4, 6-3 and 6-4 of the following content:

"5-3. The territorial subdivision of the central authorized body on budget implementation exercises the current control when carrying out payments of Fund of support of infrastructure of education, the account of local executive body on support of infrastructure of education which consists in accounts check for payment on:

1) availability of the documents confirming justification of payment: copies of the invoice or delivery note (act) of delivery of goods, or the act of the performed works, the rendered services, or other document type established by the legislation of the Republic of Kazakhstan;

2) compliance to requirements of the bank law of the Republic of Kazakhstan to completeness and correctness of filling of form.

5-4. The territorial subdivision of the central authorized body on budget implementation exercises the current control when carrying out payments from the account of directorate on implementation of the pilot national project in the field of education which consists in verification of payment orders on:

1) availability of the documents confirming justification of payment: the electronic invoice and the certificate of cost of the performed works;

2) compliance to requirements of the bank law of the Republic of Kazakhstan to completeness and correctness of filling of form.";

"6-3. In case of assignment of Fund of support of infrastructure of education and their use bear the responsibility established by the laws of the Republic of Kazakhstan, the akim of area, city of republican value, the capital and the first head of the relevant executive body responsible for use of fund of support of infrastructure of education.

6-4. The responsibility established by the laws of the Republic of Kazakhstan for reliability and justification of the supporting documents specified in Item 5-4 of this Article bears directorate on implementation of the pilot national project in the fields of education.";

25) part one of Item 3 of Article 98:

after words "the connected grants," to add with words of "Fund of support of infrastructure of education";

add with words ", into the account of directorate on implementation of the pilot national project in the field of education";

26) in Article 104:

Item 3-1 after the word "victim" to add with words ", Fund supports of infrastructure of education";

add item 4 with subitems 4-2) and 4-3) of the following content:

"4-2) further use of the unused (underused) budgetary funds of budget programs (subprogrammes) financed for the provision account on initiatives of the President of the Republic of Kazakhstan;

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