NORMATIVE RESOLUTION OF CALCULATING COMMITTEE ON CONTROL OF EXECUTION OF THE REPUBLICAN BUDGET

of December 10, 2014 No. 5-HK

About modification and amendments in some normative resolutions of Calculating committee on control of execution of the republican budget

According to the subitem 3) of Item 19 of the Regulations on Calculating committee on control of execution of the republican budget (further - Calculating committee) approved by the Presidential decree of the Republic of Kazakhstan of August 5, 2002 No. 917, Calculating committee DECIDES:

1. Approve the enclosed changes and additions which are made to some normative resolutions of Calculating committee.

2. To provide to legal department in the procedure established by the legislation:

1) state registration of this normative resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this normative resolution in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this normative resolution on the Internet resource of Calculating committee.

3. To impose control of execution of the normative resolution on the chief of staff of Calculating committee.

4. This normative resolution becomes effective after day of its first official publication.

Approved by the Resolution of Calculating committee on control of execution of the republican budget of December 10, 2014 No. 5-HK

Changes and additions which are made to some normative resolutions of Calculating committee on control of execution of the republican budget

1. In the normative resolution of Calculating committee on control of execution of the republican budget of April 16, 2013 No. 3-NP "About approval of Rules of carrying out external state financial control" (it is registered in the Register of state registration of regulatory legal acts for No. 8466, it is published in the Kazakhstanskaya Pravda newspaper of June 5, 2013 No. 190-191 (27464-27465), on June 12, 2013 No. 198-199 (27472-27473), on June 13, 2013 No. 200 (27474), on June 15, 2013 No. 203-204 (27477-27478), on June 19, 2013 No. 207-208 (27481-27482), on October 22, 2014 No. 206 (27827):

in the Rules of carrying out external state financial control by Calculating committee on control of execution of the republican budget approved by the specified normative resolution:

4) of Item 56 to state the subitem in the following edition:

"4) compliance of use of means of the republican budget, including the target transfers and credits allocated from higher in the subordinate budget, the connected grants, state and guaranteed by the state of loans, financings of execution of the state concessionary obligations, and also guarantees and assets of the state to regulations of the legislation including connected with their planning, forming, distribution and use;";

to state part one of Item 71 in the following edition:

"71. In case of refusal officials of object of control in the admission on object of control by controllers draw up the statement upon refusal in the admission on object of control in form according to appendix 14 to these rules and the protocol on administrative offense on the basis and according to the procedure, provided by the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (further - the Administrative Code).";

to state the name of paragraph 3 in the following edition:

"Paragraph 3. Creation of the protocol on administrative offense, and also collection of proofs on the elicited facts containing signs of administrative and criminal offenses";

93, 94 to state Items in the following edition:

"93. If the head of object of control after the terms specified in the Requirement for fulfillment of duties of the head of object of control does not carry out the obligations provided in Article 146 of the Budget code, the controller in day of detection, and in cases when additional clarification of circumstances of administrative offense and the identity of physical person is required, within three working days from the date of establishment of the specified data constitutes the protocol on administrative offense on the basis and according to the procedure, provided the Administrative Code which draft is approved with the structural division responsible for legal support, within one working day from the date of its representation within the terms established the Administrative Code.

94. On the administrative offenses revealed during monitoring procedure in the field of use of budgetary funds, the protocol on administrative offense is constituted without delay after completion of the corresponding check. In case conducting examination is required, the protocol on administrative offense is constituted within two days from the date of receipt of experimental testimony.";

to state part one of Item 95 in the following edition:

"95. In case of creation of the protocol on administrative offense to other participants of proceeedings their rights and obligations provided the Administrative Code are explained to the official against whom proceedings are initiated and also about what the mark in the protocol becomes.";

exclude Item 98;

the paragraph one of Item 99 to state in the following edition:

"99. In cases of identification of signs of criminal offenses in actions of the officials of object of control provided by articles of the Criminal Code of Kazakhstan of July 3, 2014 and signs of administrative offenses, consideration and adoption of the proceeding decision on which is within the competence of bodies (officials), representatives to consider cases on administrative offenses, controllers for the subsequent transfer to law enforcement agencies and bodies (officials), authorized to consider cases on administrative offenses, require written explanations from the face, allowed offense and to make copies of originals of the documents certified by the signature of the officials or seal of the organization confirming signs of the revealed offense (further – the list of documents):";

state Item 190 in the following edition:

"190. The objections which arrived in Calculating committee to the control act are considered within five working days after completion of check on control action by the member of Calculating committee responsible for control, together with controllers, the head of the structural unit, responsible for monitoring procedure, the employees of the structural division responsible for legal support involved with the experts, specialists of state bodies, employees of auditing organization exercising control then the motivated answer is given to object of control with indication of the accepted and unaccepted arguments on each Item of objection. The explanations provided by object of control on the control act are taken into account without preparation of the answer to it.";

state Item 225 in the following edition:

"225. The member of Calculating committee at least in two working days the reminder on the administrative responsibility in case of non-presentation by object of control goes to the corresponding terms of information on execution of solutions of Resolutions (Representations) of Calculating committee by means of ESEDO (in the presence) and to object of control in paper form by mail.";

in appendix 13:

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

"4) in three-day time from the date of submission of the control act on acquaintance with results of the carried-out control in accordance with the established procedure to sign the control act. In case of disagreement with results to sign the control act with clause about availability of objections. Put objections to the control act or provide within ten calendar days from the date of receipt of the control act for acquaintance and signing.";

state Item 2 in the following edition:

"2. Based on Item 2 of Article 149 of the Budget code the hindrance to officials of bodies of the state financial control in accomplishment of service duties by them according to their competence expressed in refusal of the admission for monitoring procedure, refusal of provision of necessary documents, materials, information on activities and other data, provision of unreliable information creation of other preventing in control attracts the administrative responsibility.";

in appendix 22:

part one of Item 18 of Methodical recommendations about control of quality to state in the following edition:

"18. When conducting legal examination of the Summary register, conclusions and offers of the Conclusion the structural division responsible for legal support considers availability of the necessary list of documents and signs of crimes in actions of official and other persons of the objects of control provided by the Criminal Code of Kazakhstan of July 3, 2014.";

in Rules of carrying out external state financial control by audit committees of areas, the cities of republican value, the capital approved by the specified normative resolution:

4) of Item 3 to state the subitem in the following edition:

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