of August 28, 2015 No. 623
About modification of the order of the Minister of Economy and Budget Planning of the Republic of Kazakhstan of July 16, 2009 No. 151 "About approval of Rules of determination of feasibility of budget crediting"
I ORDER:
1. Bring in the order of the Minister of Economy and Budget Planning of the Republic of Kazakhstan of July 16, 2009 No. 151 "About approval of Rules of determination of feasibility of budget crediting" (No. registered in the Register of state registration of regulatory legal acts 5727, No. published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan 8, 2009), the following change:
The rules of determination of feasibility of budget crediting approved by the specified order to be reworded as follows according to appendix to this order.
2. To provide to department of budget investments and development of public-private partnership:
1) in the procedure established by the legislation 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 in the Ministry of Justice of the Republic of Kazakhstan, the direction it the copy on official publication in periodic printing editions and 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 and on the intranet portal of state bodies.
3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Minister of national economy of the Republic of Kazakhstan
E.Dosayev
Appendix
to the Order of the Minister of national economy of the Republic of Kazakhstan of August 28, 2015 No. 623
Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of July 16, 2009 No. 151
1. These rules of determination of feasibility of budget crediting (further - Rules) determine procedure for consideration and determination of feasibility of assignment from the government budget as budget crediting, except for the budget credits directed to covering of cash deficit of subordinate budgets.
2. Budget credits are granted on the purpose and within the amounts provided by the appropriate budget programs:
1) in the approved republican budget for the current financial year;
2) in the maslikhats approved by decisions local budgets the current financial year.
3. Provision of budget credits is performed according to the following principles:
1) recoverability, providing obligation of repayment of budget credit according to the credit agreement;
2) security, the methods established by the budget legislation of the Republic of Kazakhstan providing availability of ensuring obligation fulfillment;
3) the paid nature, the borrower of remuneration for provision of budget credit providing payment;
4) urgency, providing establishment of term of provision of budget credit.
4. Borrowers, final borrowers, and also conditions of budget crediting are determined according to the budget legislation of the Republic of Kazakhstan.
5. Budget credits from the republican budget and regional budgets can be provided according to regional budgets, city budgets of republican value, the capital and budgets of areas (the cities of regional value) on implementation of budget investment projects, on the solution of tasks of social policy of the state and in case of forecast cash deficit within financial year.
6. Budget credits are granted in case of observance of the conditions and criteria determined by the budget legislation of the Republic of Kazakhstan.
7. Budget credits are not granted on the purposes of participation in the authorized capital of legal entities, covering of losses of economic activity of borrowers, fee to the confided (agents).
Losses of economic activity are understood as the losses expressed in cash, the excess of expenses of the legal entity over the income attracting the reduction of material and money resources which resulted from economic activity.
8. The central and local authorized bodies on state planning consider the budget programs offered by the administrator of budget programs to realization by means of budget crediting regarding compliance to their criteria of budget crediting.
9. Determination of feasibility of budget crediting at the expense of means of the republican budget is performed by the central authorized body on state planning, except for the budget credits directed to covering of cash deficit of subordinate budgets.
Determination of feasibility of budget crediting at the expense of means of the local budget is performed by local authorized body on state planning, except for the budget credits directed to covering of cash deficit of subordinate budgets.
10. The budget commission develops offers on inclusion of the budget program directed to provision of budget credits in the draft of the relevant budget.
11. The administrator of the budget program in case of budget crediting is the party of the credit agreement and performs:
1) determination on competitive basis of the specialized organizations and the confided (agents), except for the financial agencies and the organization for upgrade and development of housing and communal services;
2) control and monitoring of target and effective use, repayment and servicing of budget credits.
12. The administrator of budget programs constitutes the budget request within limits of the expenses, the list and the amounts of financing from the relevant budget determined by the relevant budget commission. In case of creation of the budget request the administrator of budget programs determines actions which can be financed by budget crediting, with observance of Item 14 of these rules.
13. The administrator of the budget program or authorized body determines the confided (agent) according to the legislation of the Republic of Kazakhstan on public procurements by budget implementation, except for the financial agency and the organization for upgrade and development of housing and communal services.
The confided (agent) is person who on the basis of the agreement of the order makes from name and at the expense of the creditor (principal) or the administrator of the budget program and according to their instructions the certain orders connected with budget crediting.
As the confided (agents) the bank, the organization performing separate types of banking activities, or the organization which controlling stock the state or national holding or national managing holding owns, being residents of the Republic of Kazakhstan act.
14. For determination of feasibility of budget crediting the administrator of the budget program provides in the relevant central or local authorized body on state planning the proving documentation which shall include:
1) calculations for the expense types and actions offered to financing due to budget crediting;
2) information leaf (it is represented in any form), in which the direction of budget crediting, and also information on original conditions and factors of calculations of cost and financial performance of realization of investing program, consideration of alternative sources and schemes of financing of the project is specified;
3) the proving information for determination of feasibility of budget crediting for the purpose of project implementation:
confirmation of amount of costs for project implementation;
the analysis of sources of financing of the projects realized in the corresponding industry including due to attraction of the credits of banks of the second level;
reasons for terms for crediting (including term, remuneration rate, credit amount and schedule of its repayment);
reasons for terms for crediting final borrowers (in case of availability of those);
the list of the indicators represented according to the Procedure for development or adjustment, conducting necessary examinations of the investment offer of the state investment project and selection of budget investments according to Item 6 of Article 152 of the Budget code of the Republic of Kazakhstan of December 4, 2008;
4) the explanatory note and the conclusion of the corresponding industry examination regarding compliance to priorities of development of industry, and also the choice of optimal variant of implementation of actions by budget crediting. In case of availability of costs for commissioning of the facility it is necessary to reflect information in the conclusion of the corresponding industry examination;
5) in case of availability of the action providing the construction activities requiring development of the feasibility statement the feasibility statement with appendix of the corresponding conclusion of complex non-departmental examination on the feasibility statement, including copies of documents on specifications (with appendix in need of calculations of losses of owners of the parcels of land and land users, losses of agricultural and forestry and landscape production depending on type of the withdrawn grounds), and copies of the corresponding documents of title on real estate on the projects assuming reconstruction of the existing objects is submitted.
15. Remuneration rate on budget credits, except for remuneration rates on budget credits to local executive bodies of areas, the cities of republican value, the capital, to the financial agencies, and also on the budget credits granted by local executive bodies as borrowers, to final borrowers on the solution of tasks of social policy of the state, it is established not below the weighted average rate of profitability which developed last quarter by results of transactions in the organized secondary security market on the corresponding government issued securities emitted by the central authorized body on budget implementation with the circulation period corresponding to the term of budget credit.
16. The remuneration rate in case of implementation of investment projects is determined by budget credit in the sequence: for the final borrower - for borrowers. By the administrator of the budget program calculations and reasons for the return rate allowing to realize the project and to sizes of the parameters pledged in margin of borrowers shall be provided.
The remuneration rate size for the final borrower in case of implementation of investment projects is established in the settlement way, proceeding from financial and economic efficiency of the project, and is equal to value of internal return rate.
At the same time, the remuneration rate size for the final borrower established by the specialized organization except for remuneration rates on the loans granted to subjects of agro-industrial complex shall not exceed the double rate of remuneration established at the level not below the weighted average rate of profitability which developed last quarter by results of transactions in the organized secondary security market on the corresponding government issued securities emitted by the central authorized body on budget implementation with the circulation period corresponding to the term of budget credit.
In case of budget crediting for the solution of tasks of social policy of the state and for realization of the state investment policy by the financial agencies the borrower's margin, is determined in the settlement way, proceeding from the size of the pledged operating expenses, and recommended value from 0% to 1,5 of % of the amount of budget credit annually. At the same time, as a part of the borrower's margin the level of administrative expenses shall not exceed 1% of the amount of budget credit annually, the risk assessment shall not exceed 1% of the amount of budget credit annually.
These sizes are calculated based on provided information as a part of documentation according to Item 14 of these rules.
17. The remuneration rate on budget credits to local executive bodies of areas, the cities of republican value, the capital is established by the decision of the creditor.
18. The remuneration rate on budget credit for the purposes of replenishment of current assets is determined by proposals of the administrator of the budget program in case of representation of calculations and reasons according to Item 14 of these rules.
At the same time, on the organizations performing separate types of banking activities prudential standard rates of authorized body on regulation and supervision of the financial market and the financial organizations shall be observed.
19. Determination by the central authorized body on state planning of feasibility of budget crediting of the budget investment projects including requiring development of the feasibility statement at the expense of means of the republican budget is performed based on the conclusion of economic examination of the legal entity determined by the Government of the Republic of Kazakhstan.
Determination by local authorized bodies on state planning of feasibility of budget crediting of the budget investment projects including requiring development of the feasibility statement at the expense of means of the local budget is performed taking into account the conclusion of economic examination of the legal entities determined by local executive bodies.
20. The relevant industry central state body considers the submitted documentation and prepares the industry conclusion according to the planned budget investment project. In case of the positive industry conclusion the administrator of the republican budget program introduces documentation according to Item 14 of these rules in the central authorized body on state planning for preparation of the economic conclusion about feasibility of budget crediting.
According to the local budget investment project declared to financing by budget crediting from the local budget, the corresponding administrator of the budget program introduces documentation according to Item 14 of these rules in local authorized body on state planning for determination of feasibility of budget crediting from the local budget.
21. After provision of documentation by the administrator of the budget program according to Item 14 of these rules the central or local authorized body on state planning will organize conducting economic examination of the investment project and prepares the economic conclusion according to them.
22. Within 5 (five) working days from receipt date the document package from the administrator of the budget program goes for economic examination:
1) the central authorized body on state planning to the legal entity determined by the Government of the Republic of Kazakhstan;
2) local authorized bodies on state planning to the legal entities determined by local executive bodies.
23. Economic expertize is carried out within thirty working days after representation of document package.
24. The conclusion of economic examination of the feasibility statement goes the corresponding legal entities determined on implementation of economic examination of the feasibility statement to the central or local authorized body on state planning.
25. Results of economic examination of the feasibility statement are the positive conclusion or the negative conclusion.
The conclusion affirms the head of the organization which prepared the conclusion or person it on that the representative, is signed by contractors of the organization which prepared the conclusion and certified by seal.
26. The central or local authorized body on state planning considers the document package provided according to Item 14 of these rules taking into account the conclusion of economic examination and sends the economic conclusion according to them to the administrator of the budget program.
The economic conclusion prepares within 10 working days from the date of receipt of the conclusion of economic examination.
27. Determination of feasibility of budget crediting for implementation of foreign economic activity of the state is based on the analysis of financial and economic reasons.
28. Financial and economic reasons for budget credits represent the document containing reasons, feasibility and assessment of result from investment of budgetary funds for implementation of the appropriate budget program.
29. At the same time in case of availability of the actions providing the construction activities in the territory of foreign states provided within implementation of investment projects the provision of the feasibility statement and conclusion on it prepared according to the procedure, established by the legislation of the state in the territory of which implementation of this project is planned is necessary.
30. Determination of feasibility of budget crediting of the financial agencies is based on the analysis:
1) efficiency of the investment projects realized at the expense of budget credits;
2) borrower (specialized organizations).
At the same time, in case of determination of feasibility of budget crediting for replenishment of current assets only the analysis of the specialized organizations is performed.
31. Determination by the central authorized body on state planning of feasibility of budget crediting for realization of the state investment policy by the financial agencies at the expense of means of the republican budget is performed based on the conclusion of economic examination of the legal entity determined by the Government of the Republic of Kazakhstan.
Determination by local authorized bodies on state planning of feasibility of budget crediting for realization of the state investment policy by the financial agencies at the expense of means of the local budget is performed taking into account the conclusion of economic examination of legal entities, the determined local executive bodies.
The procedure for conducting economic examination specified in this Item is determined by the Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129, registered in the Register of state registration of regulatory legal acts No. 9938.
32. The central or local authorized body on state planning considers the document package provided according to Item 14 of these rules taking into account economic examination and sends the economic conclusion according to them to the administrator of the budget program.
33. Determination of feasibility of budget crediting for the solution of tasks of social policy of the state is performed by the approval of the appropriate state or industry program or changes and amendments in this program providing the actions planned to financing by means of budget crediting based on documentation provided by the administrator of the budget program according to Item 14 of these rules.
34. The draft of the state or industry program, and also in case of modification and amendments of this program, providing the actions planned to financing by means of budget crediting is subject to removal at the budget commission.
35. Budget credits are not granted on the actions which are not corresponding to the principles according to Item 3 of these rules.
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The document ceased to be valid since April 6, 2018 according to the Order of the Acting Minister of national economy of the Republic of Kazakhstan of February 16, 2018 No. 61