Article 16. State assignment Budget Code of the Republic of Kazakhstan

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1. A state assignment is an order for quasi-public sector entities with state participation in the authorized capital and other legal entities designated by the Government of the Republic of Kazakhstan to provide certain public services and perform other tasks.

2. Government assignments can include orders that meet one or more of the following criteria:

1) the absence of any other possibility to ensure national security, the defense capability of the state or the protection of the interests of society;

2) the use, operation and maintenance of strategic facilities, critically important facilities, including state-owned digital infrastructure facilities, by virtue of ensuring public interests and national security;

3) lack of competition in the relevant market of goods, works and services;

4) exclusivity and uniqueness of goods, works, services, and intellectual property objects.

It is prohibited to plan a state assignment that does not meet the criteria provided for in part one of this paragraph.

3. Planning of the state assignment is carried out in compliance with the requirements established by this Code when developing the budget, taking into account the positive conclusion of the antimonopoly authority on compliance with the criteria provided for in the first part of paragraph 2 of this Article, issued in accordance with the procedure determined by the antimonopoly authority.

In the case of the transfer of a state assignment by quasi-public sector entities and legal entities specified in paragraph 1 of this Article responsible for the execution of the state assignment, the scope and conditions of the transfer of the state assignment to the subcontract are determined in the conclusion of the antimonopoly authority.

The provisions of this paragraph do not apply to the planning of a State assignment for initiated (ongoing) State assignments.

4. The cost of a state assignment is established in accordance with the procedure determined by the central authorized bodies of the relevant industry (sphere) in coordination with the central authorized body for budget planning.

5. Indicators of the results of the state task are defined in the development plans of state bodies and (or) passports of budget programs of the relevant administrators of budget programs.

6. The Central Authorized Body for Budget Planning forms summary information on government tasks for which budgetary funds are provided in the draft republican budget, and includes it in the materials attached to the draft law on the republican budget.

7. The allocation of budgetary funds to quasi-public sector entities with state participation in the authorized capital for the fulfillment of state tasks is carried out without increasing the authorized capital.

8. The execution of the state assignment is carried out without observing the competitive procedures provided for by the legislation of the Republic of Kazakhstan on public procurement, by concluding a civil law transaction between the administrator of the republican budget programs and the executor of the state assignment.

Civil law transactions concluded in violation of paragraph 2 of this article may be declared invalid by a court at the request of interested parties.

9. Quasi-public sector entities and legal entities specified in paragraph 1 of this Article shall annually prepare reports on the implementation of a state assignment containing information on the progress and results of its implementation, and submit them to the administrators of budget programs.

10. Information on the fulfillment of the state task is included in the annual report on the execution of the republican budget and is subject to publication in accordance with Article 40 of this Code.

11. The procedure for planning a state assignment is determined by the central authorized body for budget planning.

The procedure for completing the state assignment and reporting on the completion of the state assignment, the forms and deadlines for its submission, as well as the requirements for the information provided on the progress and results of the state assignment are determined by the central authorized body for budget execution.

12. Responsibility for the fulfillment of the state task is assigned to the first heads of administrators of republican budget programs, quasi-public sector entities and legal entities specified in paragraph 1 of this Article, in accordance with Article 41 of this Code.

Code of the Republic of Kazakhstan dated March 15, 2025 № 171-VIII.

President

Republic of Kazakhstan

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