LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2017 No. 90-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government

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 of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 128; No. 22-I, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7):

Item 4 and part one of Item 5 of Article 102 to state 1) in the following edition:

"4. The state company is created, liquidated and will be reorganized according to the laws of the Republic of Kazakhstan.

5. Body of the state company is the head who is appointed according to the procedure, determined by the laws of the Republic of Kazakhstan.";

Item 2 of Article 104 to state 2) in the following edition:

"2. The state company is created according to the decision of the Government of the Republic of Kazakhstan or local executive body or the office of the akim of the city of district value, the village, settlement, rural district according to the laws of the Republic of Kazakhstan.";

Item 2 of Article 105 to state 3) in the following edition:

"2. Public institution the organization created by the state according to the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan or legal acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, and also offices of akims of the cities of district value, villages, settlements, rural districts and containing only for the budget account or the budget (expense budget) of National Bank of the Republic of Kazakhstan is recognized if additional sources of financing are not established by the laws of the Republic of Kazakhstan.";

Part one of Item 2 of Article 112 to state 4) in the following edition:

"2. On behalf of administrative and territorial unit can acquire and perform the actions the property and personal non-property rights and obligations, to appear in court local representative and executive bodies, and also offices of akims of the cities of district value, villages, settlements, rural districts within their competence established by the laws of the Republic of Kazakhstan, provisions or other acts determining the status of these bodies.";

5) in Article 192:

state Item 3-1 in the following edition:

"3-1. The utility property is subdivided on levels of local public administration and self-government on:

regional, cities of republican value, capital;

district (cities of regional value);

cities of district value, village, settlement, rural district (utility property of local self-government).";

third of Item 6 to state part in the following edition:

"The cession of property, being in utility property, from one level of local public administration and self-government in another is performed according to the legal act of the Republic of Kazakhstan for state-owned property.";

Item 2 of Article 202 to state 6) in the following edition:

"2. Features of implementation of the right of operational management by the state companies and public institutions are determined by the laws of the Republic of Kazakhstan "About state-owned property" and "About local public administration and self-government in the Republic of Kazakhstan".".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130,132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; №22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23):

1) in table of contents:

to state heading of Article 9 in the following edition:

"Article 9. District (cities of regional value) budget";

add with heading of Article 9-1 of the following content:

"Article 9-1. City budgets of district value, village, settlement, rural district";

to state heading of Chapter 8 in the following edition:

"Chapter 8. Distribution of receipts in the budget between republican, regional budgets, budgets of the cities of republican value, the capital, district (the cities of regional value) budgets, budgets of the cities of district value, villages, settlements, rural districts";

to state heading of Article 52 in the following edition:

"Article 52. Receipts in district (the cities of regional value) the budget";

add Chapter 8 with heading of Article 52-1 of the following content:

"Article 52-1. Receipts in city budgets of district value, the village, settlement, rural district";

to state heading of Article 56 in the following edition:

"Article 56. Expenses district (cities of regional value) budget";

add Chapter 9 with heading of Article 56-1 of the following content:

"Article 56-1. Expenses of city budgets of district value, village, settlement, rural district";

to state heading of Article 73 in the following edition:

"Article 73. Project development of the decision of maslikhat about district (the cities of regional value) the budget";

add Chapter 12 with heading of Article 73-1 of the following content:

"Article 73-1. Project development of the decision of maslikhat on budgets of the cities of district value, villages, settlements, rural districts";

to state headings of Articles 78 and 79 in the following edition:

"Article 78. Consideration of the draft of the local budget in the permanent commissions and at the session of maslikhat

Article 79. The orders of the Government of the Republic of Kazakhstan and local executive bodies, the decision of the akim of the city of district value, the village, settlement, rural district about implementation of the law on the republican budget and decisions of maslikhats on local budgets";

to exclude heading of Article 102-1;

to state heading of Article 109 in the following edition:

"Article 109. Refining district (cities of regional value) budget";

add Chapter 19 with heading of Article 109-1 of the following content:

"Article 109-1. Refining of city budgets of district value, village, settlement, rural district";

add Chapter 23 with heading of Article 120-3 of the following content:

"Article 120-3. Creation of annual consolidated financial statements about budget implementation of the area (the city of regional value), district (the cities of regional value) the budget, city budgets of district value, the village, settlement, rural district";

to state heading of Article 131 in the following edition:

"Article 131. Submission of the annual statement about execution district (the cities of regional value) the budget";

add with heading of Article 131-1 of the following content:

"Article 131-1. Submission of the annual statement about execution of city budgets of district value, the village, settlement, rural district";

to state heading of Article 132 in the following edition:

"Article 132. Consideration and approval of the annual statement about execution district (the cities of regional value) the budget, city budgets of district value, the village, settlement, rural district";

add Chapter 48 with headings of Articles 243-3, 243-4 and 243-5 of the following content:

"Article 243-3. Features of refining, adjustment and budget implementation of the area (the city of regional value) for 2017 financial year and creation of the annual statement about budget implementation of the area (the city of regional value) in 2017 financial year

Article 243-4. Features of development and approval of local budgets for 2018-2020 and 2019-2021 financial years

Article 243-5. Features of development and approval of local budgets on 2020-2022 and the subsequent financial years";

Subitem 62-2) of Item 1 of Article 3 to state 2) in the following edition:

"62-2) mutually repayable transactions - the transactions performed when forming the government budget, budget of area and area (city of regional value), and also reports on their execution connected with exception of the amounts of the transfers, budget credits and other money transferred from one level of the budget on another for the purpose of exception of the double account;";

3) in Article 6:

state Item 1 in the following edition:

"1. In the Republic of Kazakhstan budgets of the following levels affirm, performed and are independent:

1) republican budget;

2) regional budget, city budgets of republican value, capital;

3) district (cities of regional value) budget;

4) city budgets of district value, village, settlement, rural district.

The regional budget, city budgets of republican value, the capital, district (the cities of regional value) the budget, city budgets of district value, the village, settlement, rural district belong to local budgets.";

in Item 3:

state part one in the following edition:

"3. In the Republic of Kazakhstan the state and consolidated budgets, budgets of area, the budget of the area (the cities of regional value) used as analytical information and which are not subject to approval are constituted.";

add with part five of the following content:

"The budget of the area (the city of regional value) is the centralized cash fund combining district (the city of regional value) the budget, budgets of the cities of district value, villages, settlements, rural districts without mutually repayable transactions between them.";

Article 9 to state 4) in the following edition:

"Article 9. District (cities of regional value) budget

1. District (the cities of regional value) the budget is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of local state bodies district (the cities of regional value) level, public institutions subordinated to them and realization of state policy in the respective area (the city of regional value).

2. District (the cities of regional value) the budget affirms the decision of maslikhat of the area (the city of regional value).";

To add 5) with Article 9-1 of the following content:

"Article 9-1. City budgets of district value, village, settlement, rural district

1. City budget of district value, the village, settlement, rural district is the centralized cash fund created for acquisition account, determined by this Code, and intended for financial provision of tasks and functions of the akim of the city of district value, the village, the settlement, the rural district, public institutions subordinated to it and realization of state policy in the corresponding administrative and territorial unit.

2. City budgets of district value, the village, settlement, rural district after approval of meeting of local community affirm the decision of maslikhat of the area (the city of regional value).";

6) in Article 19:

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

"3. The reserve of executive bodies of areas, cities of republican value, the capital includes:";

"4) reserve on covering of cash deficit district (the cities of regional value) budgets.";

in item 4:

the paragraph one to state in the following edition:

"4. The reserve of executive bodies of areas (the cities of regional value) includes:";

add with the subitem 4) of the following content:

"4) reserve on covering of cash deficit of budgets of the cities of district value, villages, settlements, rural districts.";

7) in Article 20:

in item 4:

the second to state part in the following edition:

"In the regional budget for the next financial year the reserve for crediting district (the cities of regional value) budgets in case of the forecast is provided in the next financial year of cash deficit of their budgets.";

add with part three of the following content:

"In district (the cities of regional value) the budget for the next financial year the reserve for crediting of budgets of the cities of district value, villages, settlements, rural districts in case of the forecast is provided in the next financial year of cash deficit of their budgets.";

8) in Item 2 of Article 22:

3) to state the subitem in the following edition:

"3) receipts from privatization of republican property;";

add with subitem 3-1) of the following content:

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