Note of the RCPI!
For the procedure for implementing the Code of the Republic of Kazakhstan, see Article 245
Table of contents
Footnote. Throughout the text, the words "aul (village)", " aul (rural)", " aul (rural)", " auls (villages)", "auls (rural)" are replaced, respectively, by the words "village", "rural", "rural", "villages", "rural" by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective after ten calendar days after its first official publication).
This Code regulates budgetary and inter-budgetary relations, establishes the main provisions, principles and mechanisms for the functioning of the budget system, the formation and use of budget funds, as well as the formation and use of the National Fund of the Republic of Kazakhstan.
GENERAL PART
SECTION 1. BUDGET SYSTEM
Chapter 1. GENERAL PROVISIONS
Article 1. Budget legislation of the Republic of Kazakhstan
1. The budget legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, consists of this Code and other normative legal acts, the adoption of which is provided for by this Code.
2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Code, the rules of the international treaty shall apply.
Article 2. Effect of the budget legislation of the Republic of Kazakhstan
1. The budget legislation of the Republic of Kazakhstan is valid throughout the territory of the Republic of Kazakhstan and applies to all individuals and legal entities.
2. The provisions of this Code concerning state institutions shall not apply to the National Bank of the Republic of Kazakhstan and state institutions financed from the budget (cost estimates) of the National Bank of the Republic of Kazakhstan, except for the cases provided for by this Code.
3. Acts of the Government of the Republic of Kazakhstan and local executive bodies on the distribution of money, respectively, from the republican and local budgets for the next financial year shall become invalid after the end of the corresponding financial year, with the exception of the provisions of these acts on the allocation of money on a refundable basis.
The actions of the annexes to the law on the republican budget (the decision of the maslikhat on the local budget) for the second and third years of the planning period become invalid with the entry into force of the law on the republican budget (the decision of the Maslikhat on the local budget) for the next planning period.
4. The Law on the republican budget, the decision of the maslikhat on the local budget, acts of the Government of the Republic of Kazakhstan and local executive bodies on their implementation, as well as regulatory legal acts on amendments and additions to them shall enter into force from January 1 of the corresponding financial year.
Article 3. Basic concepts used in this Code
1. The following basic concepts are used in this Code:
1) aval-a promissory note guarantee, in which the person who made it assumes the obligation to make payment on the bill (in whole or in part) for another person who is obligated on the bill;
2) unrelated grants - grants that do not provide for further borrowing by the Government of the Republic of Kazakhstan from the donor who provided the grant, or co-financing from the republican and local budgets;
3) related grants - grants that provide for further borrowing by the Government of the Republic of Kazakhstan from the donor who provided the grant, or co-financing from the national and local budgets within the framework of the relevant budget program aimed at implementing the related grant;
4) linked grant agreement - a contract between a government agency and a donor providing for the provision of gratuitous financial or technical assistance to the Republic of Kazakhstan;
5) excluded by the Law of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (entered into force after ten calendar days after the date of its first official publication);
6) bank guarantee – the bank's obligation to the central authorized body for the execution of the budget to repay the debt under the state-guaranteed loan in the event of non-payment by the borrower of the amount under the loan agreement in the manner and terms established by the agreement on the provision of the state guarantee;
7) approved budget - the budget approved by the Parliament of the Republic of Kazakhstan or the relevant maslikhat;
7-1) forward-looking consolidated financial statements – information related to macroeconomic indicators on the financial position, movements and results of net assets, liabilities, income and expenses on an accrual basis, formed on the basis of budget and financial statements;
8) debt service - cumulative payments in a certain period of time of remuneration, commissions, fines and other payments arising from the terms of borrowing;
9) debt monitoring - the activity of the state in the person of its authorized bodies for accounting, analysis and control of the process of forming, changing and servicing debt;
10) repayment of the debt - repayment by the borrower of the loan amount received in accordance with the procedure established by the loan agreement, performance of other obligations arising from the loan agreement;
11) is excluded by the Law of the Republic of Kazakhstan dated 12.11.2015 No. 393-V (entered into force after ten calendar days after the date of its first official publication);
11-1) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 131-V (it comes into force after ten calendar days after its first official publication);
12) budget - a centralized monetary fund of the state, intended for financial support of the implementation of its tasks and functions;
12-1) budget system – a set of budgets and the National Fund of the Republic of Kazakhstan, as well as budget processes and relations;
12-2) budget funds – money and other assets of the state, the receipt of state ownership and expenditure of which are reflected in the budget in monetary form;
12-3) recipients of budget funds – individuals and legal entities that receive budget funds through the administrator of budget programs and use them as part of the implementation of budget programs;
12-4) inefficient planning and (or) inefficient use of budget funds – planning and (or) use of budget funds that do not comply with the principles of the budget system;
12-5) non-disbursement of budget funds – the amount of excess of the financing plan for payments over the paid obligations under the budget program, formed at the end of the reporting period, with the exception of budget savings, the unallocated balance of reserves of the Government of the Republic of Kazakhstan and local executive bodies, conditionally funded expenses, as well as the amount of repayment of targeted transfers for development allocated in the past financial year, allowed to be reused by the decision of the Government of the Republic of Kazakhstan or local executive bodies;
12-6) budget process-the activities of state bodies regulated by the budget legislation of the Republic of Kazakhstan for planning, reviewing, approving, executing, clarifying and adjusting the budget, maintaining accounting and financial reporting, budget accounting and budget reporting, state audit and financial control, budget monitoring and evaluation of results;
12-7) integrator in the field of budget process – a legal entity whose sole shareholder is the state, determined by the central authorized body for budget execution, which is entrusted with the functions of ensuring the automation of the budget process, as well as other functions provided for by this Code;
13) local authorized body for budget execution - an executive body financed from the local budget that performs functions in the field of budget execution, accounting, budget accounting and budget reporting on the implementation of the local budget;
14) the central authorized body for budget execution – the central executive body that manages and inter-sectoral coordination in the field of budget execution, accounting, budget accounting and budget reporting on the execution of the republican budget and, within its competence, local budgets, the Victims ' Compensation Fund, the National Fund of the Republic of Kazakhstan on the basis of the report of the National Bank of the Republic of Kazakhstan;
14-1) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (it comes into force after ten calendar days after its first official publication);
14-2) inefficient implementation of budget programs – spending of budget funds that does not comply with the following principles of the budget system: effectiveness, reasonableness, efficiency, responsibility, targeting and target nature of budget funds;
15) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 131-V (it comes into force after ten calendar days after its first official publication);
15-1) central authorized body for budget planning – the central executive body that manages and inter-sectoral coordination in the field of budget planning;
16) budget investments – financing from the republican or local budget aimed at creating and (or) developing state assets through the implementation of budget investment projects, as well as the formation and (or) increase in the authorized capital of legal entities, with the exception of assets aimed at taking operational measures to ensure socio-economic stability;