RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of January 16, 2023 No. 20

About approval of the Standard regulations on Funds of development of regions

For the purpose of enhancement of activities of Funds of development of regions, according to Article 34 of the Budget code of the Kyrgyz Republic, Articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

- Standard regulations on Funds of development of regions according to appendix 1;

- the request for receipt of financing for social and infrastructure projects according to appendix 2;

- the request for receipt of financing for economic projects according to appendix 3;

- selection criteria of social and infrastructure projects according to appendix 4;

- selection criteria of economic projects according to appendix 5;

- The agreement on target financing of social and infrastructure projects according to appendix 6;

- The paragraph of the eighth ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 12.10.2023 No. 545

- Standard method of monitoring and assessment of activities of Funds of development of regions of the Kyrgyz Republic according to appendix 8.

2. To plenipotentiaries of the President of the Kyrgyz Republic in areas and local public administrations in three-months time to bring statutory documents of Funds of development of regions into accord with Item 1 of this resolution.

3. Recognize invalid:

- the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About approval of the Standard regulations on funds of development of regions" of October 14, 2021 No. 220;

- the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About introduction of amendments to the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About approval of the Standard regulations on funds of development of regions" of October 14, 2021 No. 220" of July 12, 2022 No. 376.

4. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

5. This resolution becomes effective after seven days from the date of official publication.

 

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of January 16, 2023 No. 20

Standard regulations on Funds of development of regions

Chapter 1. General provisions

1. This Standard provision is developed according to regulations of the Budget code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about the non-tax income, the Law of the Kyrgyz Republic "About public procurements", the Law of the Kyrgyz Republic "About non-profit organizations" and determines procedure for activities of Fund of development of the region (further - Fund).

2. Activities of Fund are performed on the basis of the Code of the Kyrgyz Republic about the non-tax income, the Budget code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About public procurements" and this Standard provision.

3. The fund has the status of the legal entity in the form of Fund of development of the region or Fund of development of the area and is created in form of business of public institution.

4. Founder of Fund of development of the region is the plenipotentiary of the President of the Kyrgyz Republic in area.

5. Founder of Fund of development of the area is the local public administration.

6. Fund is money of budget system of the Kyrgyz Republic.

7. For implementation of activities of Fund budget and special accounts in system of treasury are opened.

8. The fund performs the activities on the principles of legality, openness, transparency, publicity, and also rational and effective management of fund.

Chapter 2. The concepts applied in this Standard provision

9. The concepts applied in this Standard provision:

1) the applicant - local government body, the state body or the subject of entrepreneurship who submitted the project bid on selection of projects for financing by fund;

2) the contractor of the project - local government body, state body and the subject of entrepreneurship, whose project request got approval of the Supervisory board of Fund, and the signed contract with Fund for financing of the project;

3) infrastructure services - works and/or services of social, economic or production appointment, including work and/or services provided with use of infrastructure facility and/or on servicing of infrastructure facility;

4) infrastructure facility - property or the property complex of social, economic or production appointment which is in the state-owned and municipal property;

5) the infrastructure project - the list of the tasks, actions and actions directed to creation or improvement of infrastructure facility with reasons for social and economic feasibility, amounts and terms of implementation of the capital expenditures initiated by local government bodies with participation of representatives of local community;

6) mobilization of local community - process of the problem resolution at the local level with direct participation and support of local community, organized groups of citizens;

7) the project request - the project description developed on the basis of standard format and provided on behalf of local government body, state body and the subject of entrepreneurship for participation in tender on selection of the projects financed by fund;

8) project funding plan - part of the project request describing stages and procedure for financing of the project on tranches and corresponding to the project implementation plan;

9) the plan of monitoring and assessment - stages and procedure for carrying out observation for the purpose of identification of variations from requirements of this Standard provision in case of project implementation, and also efficiency evaluations of activities of Fund;

10) the social project - the purposeful, limited in time activities of local government bodies or state bodies for provision to the population of infrastructure services within the solution of questions of local value in education, cultures, health cares, sport, social protection, leisure, work with youth, folk art;

11) the economic project - the business project with complete description and reasons for economic feasibility, amount and terms of implementation of direct investments by subjects of entrepreneurship in creation of new goods and services or reconstruction or upgrade of the operating productions for the purpose of profit earning;

12) startup the project - the innovative business project having economic or social novelty, relevance and the practical importance, directed to the problem resolution, profit earning, creating considerable improvements;

13) the subject of entrepreneurship - the physical persons and legal entities registered in the procedure established by the legislation of the Kyrgyz Republic and performing on the risk and under the property responsibility the activities which are not prohibited by the legislation with revenue generating purpose irrespective of their forms of business and patterns of ownership.

Chapter 3. Purpose and task of Fund

10. The purpose of Fund is the program implementation of social and economic development of areas, areas, cities and ayylny aimags, support of initiatives of local community, local government bodies, state bodies and financing of economic projects of the subjects of entrepreneurship directed to increase in level of living of citizens, creation of conditions for regional economic development by improvement of infrastructure of the territories, improvement of quality of the rendered services and creation of workplaces in regions.

11. Task of Fund is ensuring effective use of financial resources of Fund according to priorities of programs of social and economic development of areas, areas, cities and ayylny aimags.

12. Fund in budget and special accounts goes for financing of social, infrastructure and economic projects, including on:

- provision of financial resources to one of commercial banks of the Kyrgyz Republic from 100% the state equity interest or with considerable share in the capital of public authorities of the Kyrgyz Republic (further - Bank) for the subsequent crediting of subjects of entrepreneurship on the basis of urgency, the paid nature and recoverability;

- implementation of economic projects of participants of the National economic project "One Village — One Product";

- financing of the infrastructure projects directed to creation of conditions for development of entrepreneurship and improvement of the investment circle;

- development of the design estimates and other technical documentation of economic projects;

- financing of projects on construction, repair and strengthening of material and technical resources of objects in the field of health care, education, social protection, culture and sport;

- holding actions for providing the population with drinking water supply and systems of water disposal;

- repair and recovery of irrigational networks, the hydrotechnical objects which are in the state-owned and municipal property;

- financing of projects road, housing and communal services;

- acquisition of special motor transportation and other equipment for the solution of questions of local value;

- financing of actions for housing providing citizens of the Kyrgyz Republic by provision of financial resources to State-owned Mortgage Company open joint stock company (further - JSC GIK) on the basis of urgency and recoverability, by means of the conclusion of the corresponding financial agreement;

- holding actions for improvement, gardening and development of infrastructure of settlements;

- development of master plans of development of settlements, drafts of the detailed layout, town-planning documentation of settlements;

- providing the actions for ecological safety and environmental protection initiated by state bodies and local government bodies including implementation energy efficient, power - and water saving technologies;

- holding actions for the prevention and mitigation of consequences of emergency situations, to recovery of civil infrastructure and on material support (providing with food and housing, acquisition of fuels and lubricants, essential goods) of affected population at least 3% of the predicted annual budget of Fund;

- holding actions for the prevention and liquidation of adverse epidemiological situations;

- transfer of financial resources to the account of other Fund for the solution of the Supervisory board of Fund for the purpose of realization of the tasks determined in this Item;

- use of financial resources on other purposes according to the decision of the Cabinet of Ministers of the Kyrgyz Republic answering the purpose and tasks of Fund.

From means of the special account of Fund the actions directed on can be financed:

- strengthening of material and technical resources and support of activities in the field of defense, civil protection, mass media, plenipotentiaries of the President of the Kyrgyz Republic in areas, local public administrations and local government bodies;

- support of exceptional children and talents for participation in actions (educational, cultural, musical, sports), social and vulnerable segments of the population, the citizens who got into difficult life situation.

- implementation of voucher funding mechanism for training of citizens of the Kyrgyz Republic in educational institutions of the Kyrgyz Republic;

- financing of business activity of the needy families which received the public assistance within the social contract at the rate to 50% of the received amount, based on the request.

Use of fund on holding the festive actions, anniversaries and other actions which are not answering the purpose and tasks of Fund is not allowed.

13. The projects on housing providing citizens of the Kyrgyz Republic planned to realization in cooperation with JSC GIK are not infrastructure projects and do not require filling of the corresponding request.

At the same time JSC GIK sends the written appeal to Fund with appendix of the relevant documents for further review by the Supervisory board of Fund.

All organizational specifications of the project on housing providing citizens of the Kyrgyz Republic, including procedure for financing of the project, the terms of return of fund, the additional parties participating in project implementation are determined by the corresponding financial agreement.

14. The predicted annual budget of Fund on budget and the special accounts is distributed as follows:

№	Name of expense categories of Fund	The predicted annual budget of Fund, %
1	Administrative expenses Fonda	n1
2	Economic projects (provision of financial resources Fonda Banku)	n2
3	Social and infrastructure projects	n3
4	Projects on housing providing citizens of the Kyrgyz Republic (provision of financial resources of JSC GIK Fund)	n4
5	Projects according to the prevention and liquidation of emergency situations	n5 (at least 3%)
	Total	n1 + n2 + n3 + n4 + n5 = (100%)

On each expense category of fund the percent from the total amount of the predicted annual budget of Fund is determined and affirms the solution of the Supervisory board of Fund no later than January 30 of the current year.

Chapter 4. Governing bodies Fonda

15. Governing bodies of Fund are:

1) the supreme body of management - The supervisory board of Fund;

2) executive body - directorate of Fund.

§ 1. Powers of the Supervisory board of Fund

16. Powers of the Supervisory board of Fund:

1) consideration and approval of the main directions and priorities of activities of Fund;

2) selection and approval of projects;

3) approval of the amount of financing at the expense of budgetary funds, means of the special account for the current year and forecast indicators the next years;

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