3rd year student
of the Faculty of Law
Kazakh National University named after
al-Faraby
Oralbay Aruzhan
Scientific
advisor: candidate of Legal sciences,
Assistant
professor: B.Kalymbek
The system of budgetary
legislation of Republic of Kazakhstan.
The complex is
absolutely all the monetary in the world of relationships formed economic
integrity of the country, which is composed of government, regional budgets,
money of national companies and other specialized public funds.
State budget -
is an essential centralized financial fund, which is located in the indication
of the government. Actually, with its support, the country has the opportunity
to focus their own funds in the designated places financial and social
formation, and become spread between the income of the state branches and
regions of social directions.
According to the
article IV of the Republic of Kazakhstan of the Budget Codex, the budget system
of the Republic of Kazakhstan is based on the following principles:
1)
the
principle of unity - the use of common principles of organization and
functioning of the budget system, the use of a single budget classification and
common procedures of the budget process in the Republic of Kazakhstan;
2)
the
principle of completeness - reflected in the budget and the National Fund of
the Republic of Kazakhstan of all revenue and expenditure provided for by the
legislation of the Republic of Kazakhstan, preventing offsets of mutual claims
to the use of budgetary funds, as well as the requirements of the rights concessions
on budgetary resources;
3)
the
principle of realism - compliance with approved (specified, adjusted) budget
parameters approved (updated, corrected) parameters, directions of
socio-economic development strategic plans state agencies, the programs of territorial
development ;
4)
the
principle of transparency - the mandatory publication of normative legal acts
in the area of budget legislation of the Republic of Kazakhstan, approved by
the (specified, adjusted) budgets and reports on their implementation, strategic
plans and their implementation reports on the formation and use of the National
Fund of the Republic of Kazakhstan, except for the data constituting state or
other secrets protected by law, as well as mandatory openness of the budget
process to the public and the media;
5)
the
principle of consistency - observance of state authorities earlier adopted
decisions in the field of budgetary relations;
6)
the
principle of effectiveness - the development and implementation of the budget,
centered on the achievement of performance results under the strategic plan,
programs of development of territories and (or) budgetary programs governmental
organs;
7)
the
principle of budget self-sufficiency- the establishment of a stable
distribution of revenues between the budgets of different levels and identify
areas of expenditure in accordance with this Code, the right to all levels of
government to independently exercise the budgetary process, in accordance with
this Code, the inadmissibility of the income exemption additionally obtained
during the execution of local budgets, and surpluses of local budgets to the
higher budgets, laying on the inadmissibility of subordinate budgets additional
costs without a corresponding recovery;
8)
the
principle of continuity - planning republican and local budgets, based on
forecasts of socio-economic development, basic costs, approved in previous
years, the outcome of the budget monitoring, evaluation of results;
9)
the
principle of reasonableness - budget planning on the basis of regulations and
other documents that determine the need for inclusion in the draft budget of
certain revenues and expenses, and the validity of their volume, and the use of
budget funds and state assets in accordance with the legislation of the
Republic of Kazakhstan;
10)
the
principle of timeliness - crediting the proceeds to the republican and local
budgets, on the control account of cash of the National Fund of the Republic of
Kazakhstan and their transfer to the accounts of the Government in the National
Bank of the Republic of Kazakhstan, commitment by state institutions in
accordance with individual plans of financing commitments, payments in
accordance with the individual plans for financing the payments, and the
transfer of budget funds to the accounts of recipients of budget funds in terms
of compliance with the procedure established by the relevant regulatory acts;
11)
principle
of unity of cash desk - enrollment of all revenues on the single treasury
account and the implementation of all the costs to the single treasury account
in the national currency;
12)
the
principle of effectiveness - development and implementation of the budget on
the basis of the need to achieve the best forward and the final result with the
approved budgetary resources or to achieve a direct and outcome using a smaller
amount of budgetary funds;
13)
the
principle of responsibility - to take the necessary administrative and
management decisions aimed at achieving the direct and final results and
ensuring accountability of budget programs administrators and heads of
government agencies and quasi-public sector entities for decisions that do not
meet the laws of the Republic of Kazakhstan;
14)
principle
of targeting and targeted essence of the budget - the direction and use of
budget funds of budget programs administrators subjects quasi-public sector in
order to achieve performance results under the strategic plan, programs of
development of territories and (or) the budget programs of government agencies,
financial and economic feasibility of budget investment through participation
in the authorized capital of the quasi-public sector entities in compliance
with the legislation of the Republic of Kazakhstan.
At present, the main problem of the country is
necessary to develop an efficient organization of the government controlling
monetary, with the support of the conclusion of the current difficulties in the
definition of the promising directions and its formation. Furthermore, there
are conditions that facilitate: increase dimensions of the national and regional
budgets, the increase in the number of budget and investment projects.
Financial
control - one of the most important components in the financial structure, the
task of which appears to the integrity of the formation of savings, increasing
resource prospects and their integrity. Financial control is needed in the
governance of the organization.
Implementation of the external control over execution
of the republican budget is an activity of the Accounts Committee. Accounts
Committee - a government body directly under authority to the President of the
Republic of Kazakhstan.
In the regulation of "On the Accounts Committee for Control over Execution
of the Republican Budget" set the main tasks and mission of the Accounts
Committee:
The mission of the Accounts Committee is to strengthen
financial discipline, efficient use of public funds, assets of the state and
quasi-public sector entities in order to ensure economic stability in the
Republic of Kazakhstan.
The tasks of the Accounts Committee - analysis, evaluation
and verification of the effective and legal management of national resources
(financial, natural, production, human resources, information) to ensure the
dynamic growth of the quality of the living conditions of the population and
the country's national security.
According for this, its main objectives are:
1.
supervision
of compliance with the conditions of the budgetary legislation and other
regulatory legal acts of the task of stabilizing the national budget;
2.
the
implementation of the President’s task
involving of implementation of the
budget of Republic of Kazakhstan;
3.
control
over targeted and efficient use of the money of the republican budget, loans,
government loans, and pledged the country, dedicated for the purpose of
execution of government and industry projects of the Government and other costs
in accordance with the systematization of the general budget;
4.
supervise
the completeness and timeliness of receipts in the republican budget
The main pivot the formation and successful
functioning of a market economy and the stability of the economy seems robust
monetary system as a whole. It is the most important organization distributing
the savings of society. From the moment, as a strong economic system will be
adopted, will be improve financial capital markets and the markets of state
national security. The lever as a tool of economic management seems the
government budget and shows the impact of the built public execution. As the
government budget represented a major element of economic organization, it
contains different versions of profits, expenses and government loans. Profits
contain the incoming resources and costs - contain all the options of
generating loans. With its support may be implemented goals and objectives,
pre-defined financial policy. Thus the importance of government regulation is
difficult to overestimate. From this it follows that the government's budget -
is the economic sphere, which implements the legal relationship between the
country and other participants in social production in the form of money.
On the whole, the state budget is the money and pure
tangible assets, which are in the power of the state, that is receipt of all
revenues to the state property and their use is reflected in the budget system
in the form of cash.
When is coming dividing use the budget procedure, it is
divided into three main types:
-
The
adjusted budget
-
Refined
budget
-
Approved
budget
These procedures are used if there is a change in
accounting, and also supplements made of RK legislation, which, in turn, view
data and corrective changes by a revised budget and the conduct of its
procedures, reduce concrete plan on keeping this budget.
According to the laws of the Republic of Kazakhstan,
there are certain levels of the budget:
- The budget republican significance
- The budget of
regional significance
- The intro-regional budget
- State emergency budget
If we talk about the structure of the budget of
Kazakhstan, it is divided into sections:
1) profit (income) of all tax and non-tax revenues
2) expenses (costs)
3) operating surplas
4) Credits
5) The operating surplus (Fin. Act)
6) budget excess
7) financial excess
That is to say, in other words, the budget has many
branches, which generate revenues in the future it is distributed throughout
the economic sphere, the state - this is the concept of the budget system.
In my point of view, a significant challenge in the
financial industry, it is a numerical increase in lucrative share of the
budget, and all other financial performance, which takes place due to the fall
direction of the tenge (KZT) against the US dollar, as the expense of profit
oil industry that has the ability to cause a considerable economic recession,
as all financial and economic system is based on quotations of the raw material
on the market. According to the practical activity, effectively creating,
analyzing and adopting budgets are executed under the given scheme, and other
accessories to meet the need of society in government proposals, taking into account
the transition economy. The authorities mentioned the state of socio-economic
values of the republic and the formation regions, but it does not exist. A
sample such as the presence of government authority comes from the fact that
the implementation of the national and regional budgets implements the central
authorized body for the implementation of the budget to regional and district
territorial divisions. The represented management transformation and though
cause of making changes in the functioning laws will lead to an increase in the
government's management performance in the sphere of regulation of
inter-budgetary relations, but, most importantly, they will meet the
Constitution of the State, according to which Kazakhstan declared a unitary
country and regions and districts hold position administrative-territorial
unit, while not being independent entities of the country.
The main purpose - is to ensure its clarity for each
member of society. It is necessary to reach to the government's budget became
an instrument of stabilization of public funds. It must be become a strong
support and guarantor for all recipients of money established by the
legislation.
From this it follows that the creation of the current
budgetary organization is based on three principles:
- In the exact fixing liability for costs;
- The distribution of taxes between levels of
government in accordance with the principle of "one tax - one
budget";
- An effective system of intergovernmental transfers.
Effective direction of the taxes is extremely
important for the purpose of accomplishment, self-sufficiency as the budgets
and the highest tax collection. In the present
circumstances of Kazakhstan the tax service is required to be stored centrally,
although the collection of certain types of local taxes has the opportunity to
be entrusted to local control devices. In the future, the regional governance
bodies must be given a chance to form a municipal tax office in order to
collect local taxes.
In conclusion, I would like to note that for non-compliance
budgetary legislation of the Republic of Kazakhstan, the perpetrators of
non-compliance with the budget legislation of the Republic of Kazakhstan, will
be liable in accordance with the law of the Republic of Kazakhstan.
References:
1. The Budget
Code of the Republic of Kazakhstan
2. Regulation
"On the Accounts Committee for Control over Execution of the Republican
Budget"
3. Other laws
and Normative legal acts.
4. Internet
resources.