Unofficial translation
In accordance with subparagraph 5-1) of article 9 of the Constitution Law of the Republic of Kazakhstan dated December 18, 1995 “On the government of the Republic of Kazakhstan” and paragraph 3 of article 57 of the Budget Code of the Republic of Kazakhstan dated December 4, 2008 the Government of the Republic of Kazakhstan HEREBY DECREES:
1. To establish the Republican Budget Commission (hereinafter referred to as the Commission).
2. To approve the attached:
1) Regulations on the Commission;
2) composition of the Commission.
3. This decree shall come into force upon the date of its signing.
| Prime Minister | |
| of the Republic of Kazakhstan | B. Sagintayev |
| Approved by decree no.10 of the Government of the Republic of Kazakhstan dated January 15, 2018 |
Regulations
on the Republican Budget Commission
Chapter 1. General provisions
Footnote. The title of Chapter 1 – in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.
1. These Regulations on the Commission (hereinafter referred to as the Regulations) regulate the activities of the Republican Budget Commission acting on the continuous basis (hereinafter referred to as the Commission).
2. The legal basis of the Commission's activities shall be the Constitution of the Republic of Kazakhstan, the Budget Code of the Republic of Kazakhstan (hereinafter referred to as the Budget Code), legislative and other regulatory legal acts of the Republic of Kazakhstan, as well as this Regulation.
Footnote. Paragraph 2 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 31.03.2022 No. 179.Chapter 2. Objectives of the Commission
Footnote. The title of Chapter 2 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.
3. The main goals of the Commission shall be to ensure timely and high-quality development of the draft republican budget for the planning period and to develop proposals for clarifying, adjusting and executing the republican budget.
Footnote. Paragraph 3 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.Chapter 3. Tasks and functions of the Commission
Footnote. The title of Chapter 3- in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.
4. The main tasks of the Commission shall be:
1) development of proposals on the forecast of socio-economic development of the republic;
2) development of proposals on priority goals of development plans of state bodies and directions of expenditures of administrators of republican budget programs;
3) development of proposals for draft plans for the development of state bodies or draft amendments and additions to the development plan and spending limits of administrators of republican budget programs;
4) development of proposals to determine the indicators of the draft republican budget for the planning period;
5) development of proposals for draft regulatory legal acts providing for a reduction in revenues or an increase in expenditures of the republican and local budgets and (or) the National Fund of the Republic of Kazakhstan;
6) development of proposals for clarifying the republican budget;
7) review of the results of budget monitoring, results assessment and development of proposals for them;
8) development of proposals for adjustment of the republican budget;
9) other powers stipulated by the Budget Code and these Regulations.
Footnote. Paragraph 4 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154; as amended by the resolution of the Government of the Republic of Kazakhstan dated 31.03.2022 No. 179.5. The Commission in accordance with the tasks, entrusted to it, shall perform the following functions:
1) considers materials prepared by the working body of the Commission and determines:
priority areas of budget spending and subsidies of legal entities;
areas of development of intergovernmental fiscal relations;
policy in the area of state and government guaranteed borrowing and debt;
proposals for the possibility of making state commitments on public-private partnership projects, including state concession obligations;
list of priority republican budget investments, including budget investments in the context of objects, as well as targeted development transfers and loans in the regions, cities of republican significance, the capital for the planning period;
2) review the materials prepared by the working body of the Commission and develop motivated proposals for:
forecast of the socio-economic development of the republic; limits of expenses of administrators of republican budget programs, including the list of basic expenses of central state bodies, for which calculations by types of expenses shall not be presented when drawing up a budget application;
borrowing by local executive bodies of regions, cities of republican significance, the capital;
results of budget monitoring and results assessment; proposals of the central state bodies on the approval, amendment and (or) addition of natural standards;
expenditures of administrators of republican budget programs for the planning period on the basis of the conclusion of the authorized state planning body on draft development plans or draft amendments and additions to development plans and draft budget programs and the conclusion of the authorized budget planning body on budget applications and draft budget programs;
expediency of attracting related grants according to the list of applications of central state bodies;
draft law on the republican budget for the planning period; draft laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan, resolutions of the Government of the Republic of Kazakhstan, regulatory legal orders of the Ministers of the Republic of Kazakhstan and other heads of central state bodies, regulatory legal decisions of central state bodies, regulatory legal orders of heads of departments of central state bodies in the presence of direct competence for their approval in regulatory legal acts of the state body, the structure of which includes a department providing for a reduction in revenues or an increase in expenditures of the republican or local budgets and (or) the National Fund of the Republic of Kazakhstan;
a list and volumes of budgetary programs for financing emergency or martial law measures drawn up by the central authorized body for budget planning;
volumes of targeted transfers and budget loans from the republican budget to regional budgets, budgets of cities of republican significance, the capital;
clarification, sequestration and adjustment of the republican budget; a list of individual public services, budgetary investment projects and other tasks aimed at ensuring the socio-economic stability of the state, planned for implementation in the form of a state assignment;
resolution of disagreements between budget program administrators and the central authorized body for budget planning;
the use by the Government of the Republic of Kazakhstan in the current financial year of the amount of guaranteed transfer from the National Fund of the Republic of Kazakhstan to the republican budget for financing current budget programs and budget development programs approved in the republican budget of the past financial year, in the amount of no more than the amount of unpaid registered obligations under the relevant budget programs through budget adjustments;
financing the development or adjustment of competitive documentation of public-private partnership projects, including concession projects;
development or adjustment, as well as carrying out the necessary expertise of feasibility studies of budget investment projects;
the amount of funding for advisory services for public-private partnership projects, including concession projects, in accordance with the conclusion of the central authorized body for budget planning;
allocation of the reserve for the initiatives of the President of the Republic of Kazakhstan to finance the annual messages of the President of the Republic of Kazakhstan to the people of Kazakhstan and other initiatives of the President of the Republic of Kazakhstan;
distribution of budgetary subventions transferred from the republican budget to regional budgets, budgets of cities of republican significance, the capital, in the context of regional spending directions;
3) performs other functions in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Paragraph 5 as amended by the decree of the Government of the Republic of Kazakhstan dated November 6, 2018 №.720; dated 18.03.2021 No. 154; dated 31.03.2022 No. 179.Chapter 4. Rights of the Commission
Footnote. The title of Chapter 4 -in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.
6. In accordance with its tasks, the Commission shall have the right:
1) to interact with central executive and other state bodies, organizations, as well as engage specialists and experts to carry out the tasks of the Commission;
2) to make decisions and make proposals on matters within its competence;
3) in accordance with the procedure established by the legislation, to request and to receive from state bodies and other organizations the materials necessary for the implementation of the tasks of the Commission;
4) to invite to meetings of the Commission and to hear the first leaders, and in their absence - persons acting as the first head of the state body and organization on issues related to the implementation of the tasks and functions of the Commission;
5) to create subcommittees for consideration of issues falling within the competence of the Commission on thematic blocks.
Chapter 5. Procedure for formation and activities of the commission
Footnote. The title of Chapter 5 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154.
7. The composition of the Commission shall include:
1) the Chairperson of the Commission;
2) deputies of the Chairperson of the Commission;
3) the secretary of the Commission;
4) members of the Commission.
8. The Chairperson of the Commission manages its activities, holds the meetings of the Commission, plans its work, carries out general control over the implementation of its proposals and is responsible for the activities carried out by the Commission. During the absence of the Chairperson of the Commission, the Deputy Chairperson of the Commission shall perform his functions.
9. The secretary of the Commission coordinates work to ensure the work of the Commission, prepares minutes of meetings of the Commission.
10. Members of the Commission shall not have the right to delegate their powers on participation in the meetings to other persons.
11. A member of the Supreme Audit Chamber of the Republic of Kazakhstan (by agreement) shall take part in the meetings of the Commission as an observer (without the right to vote) when considering issues related to the formation of the draft republican budget for the planning period
Footnote. Paragraph 11 – in the wording of the resolution of the Government of the Republic of Kazakhstan dated 13.02.2023 No. 121 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).12. The work schedule shall be established by the Commission. Coordination with the members of the Commission and distribution of the work schedule of the Commission shall be carried out a month before the start of the work of the Commission on the consideration of budget applications and draft development plans or draft amendments and additions to development plans.
Footnote. Paragraph 12 – in the wording of the resolution of the Government of the Republic of Kazakhstan dated 31.03.2022 No. 179.13. Decisions of the Commission shall be made by a simple majority of votes of the members of the Commission, as well as by polling and shall be considered adopted if they receive the majority of votes from the total number of members of the Commission. Members of the Commission shall have equal votes when making decisions. In the event of a tie, the Chairperson of the Commission shall have a casting vote.
14. The adopted decision of the Commission shall be drawn up in a protocol signed by the Chairperson and the secretary of the Commission and expressing the unanimous opinion of all members of the Commission. In case of disagreement with the decision, members of the Commission shall have the right to express in writing their special opinion, attached to the protocol of the Commission.
15. The working body of the Commission shall send:
1) to the Apparatus of the Government of the Republic of Kazakhstan through the electronic document management system, as well as in hard copy, copies of the Commission's decisions certified by the Secretary of the Commission with Annexes thereto;
2) to the central state bodies, whose competence includes relevant issues, using the electronic document management system, extracts from the Commission’s decisions with annexes thereto authenticated on a per-page basis by the secretary of the Commission.
Footnote. Paragraph 15 as amended by the resolution of the Government of the Republic of Kazakhstan dated 13.02.2023 No. 121 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).16. the decisions of the Commission made to fulfill the tasks entrusted to it shall be subject to mandatory review and execution within a time limit specified by all state bodies.
17. The working body of the Commission shall be the central authorized body for budget planning.
Procedure of organization of the activities of the Commission shall be developed and determined by the working body of the Commission.
18. During the period between the meetings of the Commission, the working body of the Commission shall resolve the organizational issues of its activities.
Issues, not covered by the competence of the Commission, shall be considered by the working body within the period of no more than twenty working days and shall be presented for consideration of the Commission subject to availability of the complete package of documents.
Materials for consideration at the meeting of the Commission shall be sent to the members of the Commission by the working body within the period of no later than two working days prior the date of the meeting.
19. The functions of the working body shall be to prepare materials for the meetings of the Commission in accordance with the deadlines and agendas determined by the Commission or the working body, send them to the members of the Commission, prepare the minutes of the meetings of the Commission, bring the minutes of the meetings of the Commission and the relevant materials to the Higher Audit Chamber of the Republic of Kazakhstan (upon agreement) and extracts from protocol decisions of the Commission to members of the Commission, state bodies and organizations on issues within their competence, as well as other functions arising from regulatory legal acts and this provision.
Footnote. Paragraph 19 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 13.02.2023 No. 121 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Chapter 6. Termination of the Commission
Footnote. Title of Chapter 6 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.03.2021 No. 154
20. The grounds for termination of the activities of the Commission shall be the decision of the Government of the Republic of Kazakhstan to terminate its activities.
| Approved by decree no.10 of the Government of the Republic of Kazakhstan dated January 15, 2018 |
The Composition of the Republican Budget Commission
Footnote. Composition as amended by the decree of the Government of the Republic of Kazakhstan dated November 6,2018 № 720; dated 05.07.2019 № 481; dated 20.05.2020 № 310; dated 29.04.2022 No. 268; dated 13.02.2023 No. 121 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Prime Minister of the Republic of Kazakhstan, the Chairperson
First Deputy Prime Minister of the Republic of Kazakhstan, Deputy Chairman
Deputies of the Prime Minister of the Republic of Kazakhstan, deputies of the Chairperson
Minister of Finance of the Republic of Kazakhstan, Deputy Chairman
Vice-Minister of Finance of the Republic of Kazakhstan, Secretary
Chairperson of the National Bank of the Republic of Kazakhstan (by agreement)
First Deputy Head of the Presidential Administration of the Republic of Kazakhstan or Assistant of the President of the Republic of Kazakhstan in charge of socio-economic issues (by agreement)
Minister of Investment and Development of the Republic of Kazakhstan
Minister of Justice of the Republic of Kazakhstan
Minister of National Economy of the Republic of Kazakhstan
Chief of the Apparatus of the Government of the Republic of Kazakhstan
Chairperson of the Committee on Finance and Budget of the Senate of the Parliament of the Republic of Kazakhstan (by agreement)
Chairperson of the Committee on Economic Policy, Innovative Development and Entrepreneurship of the Senate of the Parliament of the Republic of Kazakhstan (by agreement)
Chairperson of the Committee on Finance and Budget of the Mazhilis Parliament of the Republic of Kazakhstan (by agreement)
Chairperson of the Committee for Economic Reform and Regional Development of the Majilis Parliament of the Republic of Kazakhstan (by agreement)
Deputy Chairperson of the National Bank of the Republic of Kazakhstan (by agreement)
Vice ministers of national economy and finance of the Republic of Kazakhstan
Head of the Department for the Support of the Courts at the Supreme Court of the Republic of Kazakhstan (the Office of the Supreme Court of the Republic of Kazakhstan)
Head of the Judicial Administration of the Republic of Kazakhstan
