I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2015 No. 721

About modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of 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"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of 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" (registered in the Register of state registration of regulatory legal acts at No. 9938, published in information system of law of Ad_let on December 19, 2014) the following changes and amendment:

in 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 the budget investments approved by the specified order:

state Item 2 in the following edition:

"2. In these rules the following concepts are used:

1) assessment (during economic examination) - the conclusions characterizing information provided in the feasibility statement on the budget investment project or in financial and economic reasons for budget investments;

2) the administrator of budget programs (further - ABP) - the state body responsible for planning, reasons, realization and achievement of results of budget programs;

3) budget investments - the financing from the republican or local budget directed to forming and (or) increase in the authorized capital of legal entities, creation and (or) development of assets of the state by implementation of budget investment projects;

4) financing sources on budget investments - means republican and/or local budgets, including the borrowed funds allocated for realization of budget investments;

5) effectiveness of budget investments - availability of the proofs confirmed with calculations, cost and financial performance of budget investments by means of forming and (or) increase in the authorized capital of the legal entity, and also possibility of achievement of indicators of results, availability of performance indicators and quality.

On the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities in the form of the state companies performing activities in the social sphere and which main source of the income is the republican and (or) local budget availability of proofs of cost and financial performance it is not required;

6) feasibility of budget investments - reasons for economic feasibility of implementation of budget investments by means of forming and (or) increases in the authorized capital of the legal entity and implementation of budget investment projects, their influences on national economy and compliance of the project to documents of system of state planning;

7) the budget investment project (further - the PIP) - set of the actions directed to creation (construction) new or reconstruction of the available objects, and also creation, implementation and development of the information systems realized at the expense of the budgetary funds directly by the administrator of the budget program during the certain period of time and having complete nature;

8) the 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 strategic and (or) program documents prepared based on the conclusion of economic examination of the feasibility statement on the budget investment project;

9) monitoring of budget investment projects - set of actions for regular and systematic collection and information analysis about the course of creation (construction) new, reconstruction of the available objects, and also creations, implementations and developments of information systems from the moment of allocation of budgetary funds until commissioning;

10) assessment of implementation of budget investment projects - set of measures for determination of extent of goal achievement of the project and compliance of actually received results to planned from the moment of commissioning of the facility or implementation and operation of information systems;

11) the specification on development or adjustment of the budget investment project - the document determining requirements to the feasibility statement on the budget investment project, qualification requirements to his potential developer, and also regulating terms and amount of works on development or adjustment of the feasibility statement on the budget investment project;

12) feasibility of the budget investment project - approachibility of indicators of project deliverables;

13) resource and infrastructure providing the budget investment project - the indicators characterizing the planned and reached level of need for resource and infrastructure security of the project;

14) economic examination of the feasibility statement on the budget investment project - complex assessment of information provided in the feasibility statement, regarding determination of feasibility and efficiency of the project, carried out based on the conclusion of industry examination and others, the conclusions of examinations required according to the legislation of the Republic of Kazakhstan;

15) efficiency of the budget investment project - approachibility of the best direct result with use of required amount of budgetary funds or goal achievements of the project with use of smaller amount of budgetary funds or receipt of positive economic effect of project implementation;

16) budget crediting - the process including procedures of decision making about provision, use, servicing and repayment of budget credit;

17) payback of the actions realized at the expense of budget credit - availability of the proofs confirmed with calculations, recoverability of budget credit and financial performance of the project;

18) complex non-departmental examination - the examination of construction projects of objects (including industry and departmental examinations), which is carried out by the principle of "one window" according to the feasibility statements and the design estimates intended for construction of buildings and constructions, their complexes, engineering and transport communications according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities in the Republic of Kazakhstan;

19) cost and social efficiency of implementation of actions by means of budget crediting - availability of the proofs confirmed with calculations, availability of social and economic benefits from the project planned to realization by means of budget crediting;

20) Gant's chart - the chart used in the electronic portal of budget investments for illustration of graphical display of the sequence and duration of the project plan and the working schedule in time;

21) monitoring of budget investments by means of participation of the state in the authorized capital of legal entities - set of actions for regular and systematic information collection, accounting and the analysis of realization of budget investments by means of participation of the state in the authorized capital of the legal entities involved from the republican or local budget, by means of forming of the original authorized capital, acquisition of the block of shares (share) of legal entities until final realization of the specified actions;

22) assessment of budget investments by means of participation of the state in the authorized capital of legal entities - set of measures for determination of extent of goal achievement and compliance of actually received results to planned from the moment of final implementation of actions;

23) economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities - complex assessment of information provided in financial and economic reasons, regarding compliance of actions to criteria of justification and effectiveness, carried out based on the conclusion of industry examination and required according to the budget legislation of the Republic of Kazakhstan of other conclusions of examinations;

24) the 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 strategic and (or) program documents 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;

25) planning documents of activities of legal entities - the development strategy for 10 years and development plans for 5 years of national managing holdings, national holdings, the national companies with participation of the state in the authorized capital, and also the development plans for the joint-stock companies and limited liability partnerships, the state companies controlled by the state approved in the procedure established by the legislation of the Republic of Kazakhstan on development and approval of development strategies on 10 years and development plans for 5 years of national managing holdings, the national holdings, the national companies with participation of the state in the authorized capital controlled by the state of joint-stock companies and limited liability partnerships, the state companies;

26) the purposes of development of the legal entity - implementation of actions aimed at the development of industry, improvement of economic and social situation in industry which are not providing covering of the current losses of economic activity and financing of current expenses;

27) budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further - Investments) - implementation of actions, aimed at the development of the legal entity by means of forming and (or) increases in its authorized capital from the republican or local budget;

28) the receiver of budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further - the Receiver) - the legal entity who is the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments;

29) justification of budget investments by means of forming and (or) increase in the authorized capital of the legal entity - availability of the proofs documented and (or) calculations, the amount of financing on implementation of actions, and also impossibility of financing of actions at the expense of own and borrowed funds;

30) the investment offer - the conceptual offer proving feasibility of implementation of the state investment projects within implementation of the state, government programs and development programs of the territories for goal achievement, reflecting ways of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of budget programs;

31) the project of institutional state-private partnership - the project planned to realization by participation of the state in the company of public-private partnership according to the agreement of public-private partnership;

32) information leaf of the investment offer - the document containing the main information on the state investment project, disclosing feasibility of its realization;

33) the economic conclusion on the investment offer - complex assessment of information provided in the investment offer, with use of the analysis of benefits and costs, carried out based on the conclusion of industry examination and other conclusions of the examinations required according to the budget legislation of the Republic of Kazakhstan;

34) subjects of the quasi-public sector - the state companies, limited liability partnerships, joint-stock companies, including national managing holdings, national holdings, the national companies, participant or the shareholder of which is the state, and also the affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan;

35) the concessionary project - set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About concessions";

36) the creditor - the party of the credit agreement granting budget credit according to the budget and civil legislation of the Republic of Kazakhstan;

37) the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies - JSC Kazakhstan Center of Public-private Partnership, according to the order of the Government of the Republic of Kazakhstan of July 17, 2008 No. 693 "About creation of the specialized organization for concession" or the legal entity determined by the decision of local executive body;

38) economic examination of financial and economic reasons for budget crediting for realization of the state investment policy by the financial agencies of the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies - complex assessment of information provided in financial and economic reasons regarding compliance of actions to criteria "cost and social efficiency of implementation of actions by means of budget crediting" and "payback of the actions realized at the expense of budget credit";

39) financial and economic reasons (further - FEO) - the document containing data on feasibility, justification and result assessment from investment of budgetary funds in the authorized capital of legal entities;

40) the financial agency - national managing holding and legal entities whose hundred percent of shares belong to national managing holding, and also bank or the organization with absolute participation of the state performing the separate types of banking activities authorized according to the legislation of the Republic of Kazakhstan on realization of the state investment policy in certain spheres of economy and performing for this purpose borrowings in the financial market of the Republic of Kazakhstan and (or) the international financial market;

41) financial and economic reasons for budget crediting for realization of the state investment policy by the financial agencies (further - FEO of budget credit) - documentation containing results marketing, socio-economic analysis, and also financial calculations, the proving paybacks and cost and social efficiency of implementation of actions by means of budget crediting;

42) participants of the financial scheme - the organizations participating in obtaining and distribution of budget credit except for of the final borrowers who are not subjects of the quasi-public sector;

43) adjustment of financial and economic reasons - change of the set financial and economic parameters of budget investments by means of participation of the state in the authorized capital of the legal entities attracting amendment and (or) change of actions, technical technology solutions, increase in the expenses provided on the approved actions;

44) the borrower - the party of the credit agreement obtaining budget credit which incurs obligations on repayment of principal debt and payment of remuneration, and also other payments according to the credit agreement;

45) participants (further - Participants) - the organizations participating in obtaining and distribution of budget investments by means of forming and (or) increase in the authorized capital of the legal entity;

46) component - the action component having complete nature;

47) the marketing circle - set of active subjects and conditions in which activities of the legal entity are performed, being the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments, and influencing opportunities to establish and maintain the relations of successful cooperation with target clients;

48) the module of monitoring of budget investments of the electronic portal of authorized body on state planning (further - the electronic portal) - the information system intended for automation of accounting and monitoring of the planned and implementable budget investments;

49) the state investment project (further - GIP) - complex of the actions directed to achievement of strategic objectives of the state by implementation of budget investments and projects implementation of PPP, including concessionary projects;

50) indicators of results - the set of target indicators, straight lines and resulting effects characterizing activities of state body for implementation of the strategic plan, development program of the territory and (or) budget programs;

51) product - the result of economic activity provided in material and material (material product) or non-material (intellectual product) form, or in work type and (or) services, including financial;

52) the conclusion of industry examination - assessment of the investment offer of the state investment project or feasibility statement on the budget investment project or financial and economic reasons for budget investments regarding compliance to priorities of development of industry;

53) the estimated cost of construction (further - estimated cost) - the money necessary for implementation of asset construction which amount is determined on the basis of project materials and the estimate regulatory base;

54) the feasibility statement (further - the feasibility study) - the document containing data on the main technical, technology and other solutions, and also results of studying of feasibility and efficiency of the budget investment project which is carried out on the basis of the economic analysis of benefits and costs with determination of the key technical and economic parameters;

55) adjustment of the feasibility statement - change of the set technical and economic parameters of the budget investment project involving change of technical solutions and additional expenses;

56) technical and economic parameters - the main indicators provided in the feasibility statement, and also considering parameters of information system;

57) the final borrower - the final receiver of the budget credit granted to it by the specialized organization or the borrower on behalf of local executive body on the conditions determined by the creditor or the financial agency;

58) resulting effect - the indicator of the budget program which is quantitatively measuring goal achievement of the strategic plan, development program of the territory and (or) the budget program, caused by achievement of direct results of activities of state body;

59) direct result - the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service;

60) action - complex of the interconnected component(s) directed to accomplishment of the tasks which are carried out within implementation of budget investments.";

state Item 5 in the following edition:

"5. GIP are subdivided into the following types:

1) budget investments which can be directed on:

creation (construction) and reconstruction of objects which can be technically difficult and (or) unique, and technically simple and (or) standard, creation, implementation and development of information systems;

institutional development of industry (industries) by means of forming or increase in the authorized capital of subjects of the quasi-public sector;

2) projects of public-private partnership (further - PPP), including concessionary projects.";

6) of Item 6 to state the subitem in the following edition:

"6) in case of adjustment of the feasibility study the PIP or FEO of Investments in addition is represented:

the comparative table with indication of the technical solutions and (or) additional expenses assumed to change according to the feasibility study the PIP or FEO of Investments, and also the PIP or FEO of Investments approved by the feasibility study (when implementing the Investments directed to creation (construction) new or reconstruction of the available objects, as a part of the approved FEO of Investments the approved feasibility study (developed according to these rules) or the approved design estimates (further - the design and estimate documentation) is submitted;

the act of authorized body on internal state audit according to the Law of the Republic of Kazakhstan "About the state audit and financial control" of November 12, 2015 regarding target use of budgetary funds, and also about lack of violations if on the project financing is begun, dated no later than 6 (six) months of date of submission of documents;

calculation reasons of cost of adjustment, and also conducting necessary examinations of the feasibility study the PIP or FEO of Investments by components and terms of their development;

if GIP is implemented in the territory of foreign states, the relevant documents confirming the initial and offered to adjustment GIP cost, approved according to the procedure, established by the legislation in the field of construction of that state in the territory of which this project is implemented with appendix of the text of the specified legislation and with ensuring its transfer into the state and (or) Russian languages are submitted;

the letter of complex non-departmental examination on feasibility of the expected made changes in project solutions of earlier approved feasibility study and (or) the design and estimate documentation of budget investments;

the explanatory note containing information on achievement or not achievement of the indicators specified in the approved feasibility study the PIP or FEO of Investment including in case of complete development of the allocated budgetary funds with indication of the reasons not of achievement;";

state Item 7 in the following edition:

"7. Information leaf of the investment offer contains information on priorities of development of industry (sphere) of economy, the installed state, government programs and development programs of the territories, general information on investment projects (project) and actions including their main indicators.";

state Item 9 in the following edition:

"9. The conclusion of industry examination of the investment offer contains assessment:

1) problems of current status of industry which influences its further development, and also comparative analysis of the services operating provided and offered;

2) expected effect of realization of GIP on allied industries (spheres) of economy;

3) the alternative options considered in case of the choice of way of solving the problem with reasons for the choice of GIP as optimum way of its decision taking into account foreign experience;

4) justification of the expected institutional scheme of management of GIP (the main participants, the scheme of their interaction, distribution of benefits and costs of asset holders, the scheme of management of GIP in the investment and post-investment periods);

5) expected risks on the project (financial, operational, technical, credit, normative and legal, technological, marketing, market, commercial, ecological and social risks) and actions for their minimization;

6) GIP compliance to the state, government programs and development programs of the territories;

7) justification of amount of GIP.";

the second Item 14 to state part in the following edition:

"According to the investment offer of GIP according to which implementation of budget investments by means of participation of the state in the authorized capital of the national holdings and national managing holding providing projects implementation in different industries of economy which cannot be carried to competence of one ABP and also the organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan is planned the documents specified in Item 6 of these rules are represented signed by the first heads of data of national holdings, national managing holding and organization, or persons them replacement, except for the information leaf, the conclusion of industry examination represented signed by the first head of state body - ABP of either replacement his face, or person, the authorized first head of state body - ABP.";

the second Item 18 to state part in the following edition:

"The central or local authorized body on state planning considers investment offers of ABP regarding economic feasibility, compliance of project objectives to priorities of development of industry (sphere) of economy, the installed state, government programs and development programs of the territories, within 30 (thirty) working days and directs the economic conclusion of ABP on them.";

21, 22 to state Items in the following edition:

"21. GIP is planned to realization as:

1) the PIP in case of high social and economic return, outstanding budget performance, high costs for maintenance, low payback and high priority;

2) the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities in case of high social and economic return, average budget efficiency, average costs for maintenance, average return and average priority;

3) the PIP which is not requiring development of the feasibility study in case of high social and economic return, outstanding budget performance, high costs for maintenance, low payback and high priority;

4) the project of PPP, including the concessionary project in case of average social and economic return, outstanding budget performance, low costs for maintenance, high payback and low or average priority;

5) budget credit in case of low or average social and economic return, low budget performance, low or average costs on maintenance, low or average return and average priority;

6) private investments in case of low social and economic return, low budget performance, low or average costs on maintenance, high payback and low priority.

22. The economic conclusion on the investment offer on GIP is prepared by the central or local authorized body on state planning in form according to appendix 3 to these rules.";

state Item 24 in the following edition:

"24. Planning of Investments is performed in three stages:

1) development and conducting examinations of investment offers or concept of the project of PPP;

2) development or adjustment, and also conducting necessary examinations of FEO;

3) selection of Investments at stage of development of the budget.";

to state paragraph 2 of Section 3 in the following edition:

"Paragraph 2. Procedure for distribution of funds for financing of development or adjustment, and also conducting necessary examinations of feasibility statements on budget investment projects

25. ABP based on the positive economic conclusion on investment offers of GIP represent to the central or local authorized body on state planning the request about need of assignment according to the distributed budget program for development or adjustment, and also conducting necessary examinations of the feasibility study the PIP in the current year in which the positive economic decision is received, or in the following planned financial year (further - the request for financing of development of the feasibility study the PIP) and the specification.

26. The specification on development or adjustment of the feasibility study the PIP is constituted and considered based on requirements to development or adjustment, and also conducting necessary examinations of the feasibility study the PIP determined by these rules if other is not stipulated by the legislation of the Republic of Kazakhstan.

In the draft of the specification are also reflected:

1) qualification requirements to the potential feasibility study developer the PIP according to the legislation on public procurements;

2) scope and restrictions of obligations of developer according to the legislation on public procurements;

3) expected terms of development or adjustment, and also conducting necessary examinations of the feasibility study PIP.

26-1. In the cases established by the legislation of the Republic of Kazakhstan within development or adjustment of the feasibility study the PIP is financed conducting the corresponding necessary examinations, except for economic examination.

Financing and conducting examinations of the feasibility study the PIP are performed at the expense of means of the distributed budget program of the central or local authorized body for state planning.

Means of the distributed budget program are subject to distribution within financial year between different ABP based on the central authorized body approved by the order on state planning or the PIP, financing of development or adjustment, and also conducting necessary examinations of the feasibility study of which are performed by the act of local executive body of the List at the expense of means of the distributed budget program of the central or local authorized body for state planning.

If financing local the PIP is performed at the expense of funds of target transfers for development from the republican budget in the local budget, financing of development of the feasibility study is performed at the expense of the distributed budget program of local authorized body for state planning.

26-2. Process of financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP at the expense of funds distributed budget programs represents the complex of actions containing the following main stages:

1) provision of ABP of requests for financing of development or adjustment, and also conducting necessary examinations of the feasibility study PIP;

2) forming and approval of Lists of financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP of which are performed at the expense of means of the appropriate distributed budget programs;

3) financing of development or adjustment, and also conducting necessary examinations of the feasibility study PIP.

26-3. ABP submit requests for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP to the central or local authorized body on state planning.

26-4. In the request for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the period of application of funds can constitute the PIP more than one year, but no more than the term determined in the offer of the relevant budget commission and it is provided according to the budget legislation of the Republic of Kazakhstan.

27. The central authorized body on state planning creates the conclusions according to investment offers of GIP based on the positive economic conclusion on development or adjustment, and also on conducting necessary examinations of the feasibility study the PIP, letters for financing of ABP, the specification and submits for consideration of the republican budget commission (further - RBC).

The local authorized body on state planning following the results of consideration of investment offers creates according to them the conclusions and sends them for consideration of the budget commission based on the positive economic conclusion on development or adjustment, and also on conducting necessary examinations of the feasibility study the PIP, letters on financing of ABP, the specification.

28. The conclusion according to investment offers submitted for consideration of the relevant budget commission contains the following main data:

1) name PIP;

2) the cost of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP offered to financing of ABP;

3) the cost of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP offered to financing by authorized body on state planning;

4) compliance PIP to the state, government programs and development programs of the territories of the Republic of Kazakhstan;

5) the expected result of accomplishment of tasks.

29. On the PIP, approved by the budget commissions, containing in investment offers, the central or local authorized body on state planning the list, development or adjustment, and also conducting necessary examinations of the feasibility study creates the PIP on which are performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.

The list, development or adjustment, and also conducting necessary examinations of the feasibility study the PIP containing the name and the amount of financing on each project affirm the order of the central authorized body on state planning or the act of local executive body which preparation is performed by the central or local authorized body on state planning.

29-1. Forming, submitting for examination of the relevant budget commission and approval of amendments and changes in lists on the remained amount of means of the appropriate distributed budget programs are performed according to the procedure, established by these rules.

In cases of non-use or partial use within financial year of the budgetary funds allocated according to the appropriate distributed budget programs for financing of development or adjustment, and also conducting necessary examinations of the feasibility study for BIP, ABP provide return of unused part of the allocated budgetary funds before the last refining of the relevant budget.

Return of the budgetary funds which developed by results of economy at ABP, except for reducings budget programs when carrying out the sequester of expenses of the budget is performed by recovery of the appropriate budget programs of the central or local authorized body on state planning without relevant decision of the budget commission based on the developed in the procedure established by these rules and accepted order of the central authorized body on state planning or regulatory legal act of local executive body about introduction of amendments to the order of the central authorized body on state planning or regulatory legal act of local executive body about distribution of the appropriate distributed budget programs with the subsequent modification of the consolidating plan of receipts and financing on payments, the consolidating plan of financing according to obligations.

When carrying out the sequester of expenses of the budget reducing means of budget programs is performed on the ABP budget program, the received means at the expense of the distributed budget program.

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