On approval of the Rules for carrying out paid types of activity on the sale of goods (works, services) by military educational institutions of the Ministry of Defense of the Republic of Kazakhstan and their spending of money received from the sale of goods (works, services)

Updated Unofficial translation

Order of the Minister of Defense of the Republic of Kazakhstan dated November 3, 2018 No. 751. Registered with the Ministry of Justice of the Republic of Kazakhstan on November 12, 2018 No. 17730.

      Unofficial translation

      Pursuant to paragraph 3 of Article 63 of the Law of the Republic of Kazakhstan “On Education”, I HEREBY ORDER:

      Footnote. The preamble – as reworded by order of the Minister of Defence of the Republic of Kazakhstan № 875 of 11.09.2023 (shall be enacted ten calendar days after the date of its first official publication).

      1. To approve the appended Rules for carrying out paid types of activity on the sale of goods (works, services) by military educational institutions of the Ministry of Defense of the Republic of Kazakhstan and their spending of money received from the sale of goods (works, services).

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Military Science and Innovations of the Ministry of Defense of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order, send its copy in the Kazakh and Russian languages to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the website of the Ministry of Defense of the Republic of Kazakhstan after its first official publication;

      4) within ten working days of the state registration, submit information on the implementation of measures, provided for in subparagraphs 1), 2) and 3) of this paragraph, to the Legal Department of the Ministry of Defense of the Republic of Kazakhstan.

      3. Control over execution of this order shall be entrusted to the vice-minister of Defense of the Republic of Kazakhstan, Lieutenant-General T.S.Mukhtarov.

      4. This order shall be brought to the notice of officials to the extent it is applicable to them.

      5. This order shall take effect ten calendar days after the day of its first official publication.

      Minister of Defense
      Of the Republic of Kazakhstan N.Yermekbayev

      “AGREED”

      Ministry of Education and Science

      of the Republic of Kazakhstan

      "__" __________ 2018

      “AGREED”

      Ministry of Finance

      of the Republic of Kazakhstan

      "__" __________ 2018

  Approved by
Order № 751 of the Minister
of Defense of the
Republic of Kazakhstan
as of November 3, 2018

Rules for carrying out paid types of activity on the sale of goods (works, services) by military
educational institutions of the Ministry of Defense of the Republic of Kazakhstan and their
spending of money received from the sale of goods (works, services)
Chapter 1. General provisions

      1. These Rules for carrying out paid types of activity on the sale of goods (works, services) by military educational institutions of the Ministry of Defense of the Republic of Kazakhstan, which are state educational institutions, and their spending of money received from the sale of goods (works, services) (hereinafter referred to as the Rules) establish the procedure for carrying out paid types of activity on the sale of goods (works, services) by military educational institutions of the Ministry of Defense of the Republic of Kazakhstan, which are state educational institutions, and their spending of money received from the sale of goods (works, services).

      2. Under paragraph 3 of Article 63 of the Law of the Republic of Kazakhstan “On Education”, as well as in excess of the requirements of the state obligatory standards of education, military educational institutions of higher and postgraduate, technical and vocational education of the Ministry of Defence of the Republic of Kazakhstan shall offer on a fee basis the following goods (works, services) for:

      1) development and (or) implementation of educational and methodological, publishing and printing products;

      2) provision of educational and material and sports facilities, as well as conference halls, briefing rooms, dormitory rooms, assembly halls and classrooms as per their functional purpose;

      3) retraining and advanced training of specialists, military training of civilians under reserve officer and reserve sergeant programmes;

      4) organisation and conduct of training camps for students of military departments;

      5) provision of military property to military departments on a paid basis.

      Footnote. Paragraph 2 - as revised by order of the Minister of Defence of the Republic of Kazakhstan № 875 dated 11.09.2023 (shall come into effect ten calendar days after the date of its first official publication).

      2-1. Under paragraph 2 of Article 14 of the Law of the Republic of Kazakhstan "On Commercialisation of Results of Research and (or) Scientific and Technical Activities", as well as in excess of the requirements of the state obligatory standards of education, military educational institutions of higher and postgraduate education of the Ministry of Defence of the Republic of Kazakhstan shall grant on a paid basis the following goods (works, services) for:

      1) undertaking scientific and defence research;

      2) provision of scientific and experimental facilities for their functional purpose;

      3) granting intellectual rights to the results of scientific research under a licence agreement;

      4) provision of services for publication of scientific articles in peer-reviewed scientific publications and production of conference proceedings.

      Footnote. The Rules have been supplemented by paragraph 2-1 as per order of the Minister of Defence of the Republic of Kazakhstan № 875 dated 11.09.2023 (shall become effective ten calendar days after the day of its first official publication).

Chapter 2. The procedure for carrying out paid types of activity on the sale of goods
(works, services) and their spending of money received from the sale of goods
(works, services)

      3. Goods (works, services) shall be provided on a contractual basis in accordance with the Civil Code of the Republic of Kazakhstan.

      Footnote. Paragraph 3 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 30.04.2021 № 270 (shall be enforced ten calendar days after the date of its first official publication).

      4. Military educational institutions of the Ministry of Defense of the Republic of Kazakhstan shall place the following information in the territory (premises) in a specially designated place:

      1) the list of goods (works, services) provided by military educational institutions of the Ministry of Defense of the Republic of Kazakhstan on a paid basis;

      2) prices for goods (works, services) provided in accordance with the order of the Minister of Defense of the Republic of Kazakhstan dated November 22, 2018 № 752 “On approval of prices for goods (works, services) of military educational institutions of the Ministry of Defense of the Republic of Kazakhstan, provided on a paid basis” (registered in the Register of State Registration of Regulatoty Legal Acts under № 17771).

      Footnote. Paragraph 4 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 30.04.2021№ 270 (shall be enforced ten calendar days after the date of its first official publication).

      5. Money received from the sale of paid goods (works, services) specified in paragraph 2 of these Rules is credited to control cash accounts (hereinafter referred to as the paid services account) and spent in accordance with Order № 540 of the Minister of Finance of the Republic of Kazakhstan “On Approval of the Rules for the Execution of the Budget and Its Cash Administration” as of December 4, 2014 (registered in the Register of State Registration of Regulatory Legal Acts under № 9934).

      6. The payment is made by bank transfer of money to the paid services account of military educational institutions of the Ministry of Defense of the Republic of Kazakhstan.

      7. The military educational institutions of the Ministry of Defense of the Republic of Kazakhstan, in order to carry out operations for the money received from the sale of paid goods (works, services) remaining at their disposal, annually, draw up a plan for money receipts and spending, submit it to the administrator of budget programs for approval in three copies together with an explanatory note and justified calculations.

      8. Money from the sale of paid goods (works, services) is spent on:

      1) remuneration for the work of the head and members of a research group involved in conducting scientific research, including the assessment of all taxes and other obligatory payments to the budget;

      2) business trips related to research, participation in scientific conferences, seminars, exhibitions, including international ones, within the amount of standards for reimbursement of travel expenses established by the legislation of the Republic of Kazakhstan;

      3) services of shared scientific laboratories, other laboratories, other organizations, which are required to carry out research, including registration fees for participation in conferences;

      4) purchase of consumables, equipment and software for research;

      5) preparation of publications and publishing of research results;

      6) proofreading as part of scientific research;

      7) rental of premises, equipment and technical aids for research;

      8) expenses for maintaining equipment and technical aids used in research;

      9) purchase of third-party subscriptions, also for the use of domestic and foreign electronic databases (resources), equipment and consumables of technology parks within the framework of scientific research;

      10) bonuses, allowances, rewards and incentive payments to civilian personnel, in case of income in excess of approved plans for a relevant year;

      11) coffee breaks, the purchase of souvenirs, promotional gifts within the framework of conferences, seminars, round tables, contests, competitions, olympiads, including international ones;

      12) payment of banking services within the framework of scientific research;

      13) purchase of consumables and equipment for the production of printed and graphic products;

      14) rental of shared laboratories and scientific-experimental base of outside organizations;
15) professional development of specialists;

      16) improvement of the educational-material base;

      17) covering expenses for meals for participants of competitions, olympiads, including international ones;

      18) organization of educational process using additional educational programs;

      19) remuneration of employees rendering paid educational services;
20) payment for transport services;

      21) purchase of electronic collections and databases to replenish library collections;

      22) purchase of textbooks, visual aids for educational process;

      23) training workshops and seminars;

      24) production of video clips, video films, audio recordings for educational and scientific purposes;

      25) acquisition of consumables and equipment for landfills.

      Footnote. Paragraph 8 as amended by Order of the Minister of Defence of the Republic of Kazakhstan № 875 dated 11.09.2023 (shall take effect ten calendar days after the date of its first official publication).

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