Order of Formation, Financing and Control over the Implementation of Programs

REGULATIONS

On the Order of Formation, Financing and Control over the Implementation of the State, Regional and Branch-Wise Programs

Approved by the Enactment of the Council of Ministers no. 404 of March 31, 2009

CHAPTER 1. GENERAL PROVISIONS

Article 1

These Regulations determine the order of  formation (introduction of amendments), financing and control over the implementation of  the national, regional and branch-wise  programs (hereinafter the programs).

These Regulations shall not apply to the order of the formation (introduction of amendments), financing and control over the implementation of  the program stipulated by other legislative acts.

Article 2

 These Regulations include  the following terms and definitions:

state program refers to a program approved by the President of the Republic of Belarus or the Council of Ministers, the funding of which will include the participation of the national budget, in accordance with the legislation;

customer-coordinator refers to one of the customers of the program; he carries out coordination of activities of the program customers in accordance with the decision on adoption of the program;

customer refers to a manager of state or the appropriate local budget carrying out one or more program tasks;

program task refers to an index (indices) of the program to be achieved through the implementation of its activities;

initiator of the development of the program refers to a government body proposed the development of the program;

executor of the program activities refers to a legal entity  regardless of the legal form and ownership  or an  individual entrepreneur carrying out the implementation of measures of the program on the basis of a civil law contract with the customer of the program on a competitive basis;

concept of the program refers to a system of grounds, principles, approaches and trends that determine the main provisions of the program, including goals, tasks, priorities, and resource provision;

activity of the program  refers to a form of execution of the program tasks  by the customer;

monitoring of the program refers to a continuous process of the tracking of performance by the customer which is obtained during the implementation of the program;

branch-wise program refers to a program aimed at implementation of the tasks  and functions assigned to the state governing bodies  developed and approved by them;

evaluation of the program refers to a comparison of results describing the task of the program with the cost of its implementation;

subprogram refers to  a part of the program aimed at solution of  one of its tasks;

program performance refers to  measurable results describing the task of the program in the corresponding financial year;

program refers to a set of events related to resources (material, financial, labor and otherwise), customers, executors s and deadlines  ensuring the achievement of a certain goal;

product refers to the goods (works, services) produced by implementation of  the program activities;

regional program refers to a program approved by the local executive and administrative bodies  funding of  which is expected to be implemented at the expense of local budgets;

goal of the program refers to a social and (or) economic result of implementation of the program.

Article 3

The basis for the development of the program is implementation of its goals, tasks and priorities of the program of socioeconomic development of the Republic of Belarus for the five-year period.

Article 4

The term of implementation of the program, as a rule, shall comply with the term of implementation of the program of socioeconomic development of the Republic of Belarus for five-year period.

Article 5

In case of the use of the information being state secrets  while  forming and executing the programs, the protection shall be carried out  in the manner prescribed by legislation.

 

CHAPTER 2. FORMATION AND ADOPTION PROGRAM

Article 6

The main stages of the formation of the program are:

6.1. development of  the concept of the draft program by its initiator.

This concept shall include: a

goal, tasks, indices and terms of implementation of the program;

grounds for  the compliance of the program task with the  priority areas of socioeconomic development of the Republic of Belarus;

possible solutions of the program tasks and assessment of  the benefits and risks;

proposals on the volumes and sources of the program funding on the alternative basis and assessment of the effectiveness of the proposed options;

proposals on the customers, the  customer-coordinator and body ( the official) who will approve the program;

conclusions on the reasonability of development of the  program of the Ministry of Economy, the Ministry of Finance, the Ministry of Natural Resources and Environmental Protection and the State Committee on Science and Technology;

6.2. making a decision on the draft program development .

The mentioned decision is taken in the prescribed manner  taking into account the results of the  review of the draft program concept by:

the Presidium of the Council of Ministers in respect of  state programs;

the board of the state governing body and the board of other state organization subordinated to the Government of the Republic of Belarus (in respect of branch-wise programs);

local executive and administrative bodies  (in respect of  regional programs);

6.3. development and coordination  of the draft program.

Customer-coordinator shall implement the draft program development and coordination step-by-step according to the terms stipulated in the attachment in cooperation with customers. The program may include subprograms. The division of the program into subprograms is based on the magnitude of the tasks to be solved with the purpose of  the rational organization of their implementation. The draft program shall comprehend the following sections:

feasibility studies;

scientific support of the program (included in the program if necessary);

goals  and tasks of the program identifying the indices  expressed in physical and value terms;

expected results of the implementation of the program  revealing the impact of the program on the socioeconomic situation in the country and including the assessment of the efficiency  of the use of funds stipulated for the implementation of the program. Assessment of the efficiency shall be determined by the years during the term of implementation of the program, if necessary, after its implementation. Methods of assessment of the efficiency  shall be  elaborated by  the customer taking into account the program specificity and attached to the program text;

provision of resources for the program;

plan the program measures;

list of investment projects.

Requirements for the content of the  sections mentioned in the third part of this subsection  shall be stipulated by the Ministry of Economy.

The subprogram  shall incorporate the  sections specified in the paragraphs 2-8  of the third part of this subsection ;

6.4. opinion on the draft program.

This opinion shall be  prepared by the Ministry of Economy, the Ministry of Finance, the Ministry of Natural Resources and Environment ( for the projects implementation of which may  harm the environment) and the State Committee on Science and Technology (scientific support or research and development activities) on the basis of the draft program  submitted by the customer-coordinator.

The results of these opinions the customer-coordinator shall finalize the draft program and send  it for renegotiation in cooperation

with the customers;

6.5. adoption of the program.

State programs shall be adopted by the President of the Republic of Belarus or the Council of Ministers; branch-wise ones shall be adopted by the state governing bodies; regional ones shall be adopted by the local executive and administrative bodies. Adoption of these  programs is carried out in the manner prescribed by the legislation.

Article 7

Information about the programs shall be incorporated in the Register of Programs on the basis of the decisions on their adoption.  The order of the keeping of this Register is specified by the Ministry of Economy and the Ministry of Finance.

CHAPTER 3. FINANCING OF THE PROGRAMS

Article 8

The programs are financed in accordance with the legislative acts regulating the financing issues.

Article 9

Sources of financing of the programs may be:

national  and local budgets, state non-budgetary  funds;

own means of executors of the programs;

funds obtained from sponsorship and charity;

loans;

other sources not contradicting the acts of legislation.

Involvement of the national  and local budgetary funds, the state non-budgetary funds and the means obtained from income-activities of the budget organizations  shall be carried out in accordance with the budget legislation.

Article 10

The customer may involve the banks of the Republic of Belarus for the financing of the  programs on a competitive basis in accordance with the acts of legislation.

The competitive terms set:

total volumes of the financing of  the programs  with the indication of its activities, terms of implementation and financing sources (including bank loans) incorporating the expected measures of state support;

the list of executors of  program activities who need loans  incorporating brief information on their whereabouts, financial situation (state of settlements with the banks, in which bank they are served, etc.), forms of the ensuring   (guarantees ) of the loan repayment and the interest;

banks' participation in the development of business plans for individual investment projects, the attraction of  foreign credit lines and the execution of the  insurance against risks, preparation of decisions on the  granting of  governmental and other guarantees, the compensation of the part of interest on loans from various sources, procedures of  procurement of equipment, the analysis of the course of implementation of the program and its efficiency  calculations  and other issues.

The commission with the participation of the specialists of the customer and other interested people shall be established by the customer in order to determine the winners of the contest.

The customer shall inform the banks participating in the selection about  solvency of potential borrowers, availability of  a floating charge and other forms of collateral , as well as other data necessary for the bank to make a decision on demand of these banks.

In accordance with the contest results, an agreement which sets out the obligations of the customer and the bank  shall be concluded between the customer and the bank selected by the mentioned commission. These obligation are:

control over  the preparation and submission of the measures of the program by the executors in need of credit, the relevant documents the bank, the fulfillment of the obligations to the bank to repay the loans and interest for their use;

development and adoption of activities for improvement of  the performance of the executors of the program activities that have received bank loans, and repayment of overdue loans (if necessary);

prompt consideration of documents of the executors of  the program activities that need loans, the opening  of credit lines for them, enforcement of credit terms;

to inform the customer about the non-performance of the loan agreement terms and the need for action;

the drawing up of documents by the customer and the bank; these documents shall ensure the provision of security in accordance with the established procedure and the compensation of the losses while issuing preferential  credits by the bank.

Article 11

 The Ministry of Economy  with the participation of the Ministry of Finance shall make  a list of state programs funded in the coming financial year  and shall submit it to the Council of Ministers of the republic of Belarus at the same time with the draft budget and the socioeconomic development forecast of the Republic of Belarus.

CHAPTER 4. FUNCTIONS OF THE CUSTOMER- COORDINATOR AND THE CUSTOMER

Article 12

The customer-coordinator:

carries out the coordination of the work on the draft legal act on the approval of the program;

ensures the achievement of the goal,  concerted actions  of the customers during  the development, coordination and implementation of the project on the basis of reports on the implementation of the program presented by customers;

optimizes the cost of the implementation of the program and introduces proposals for redistribution of the means among the customers in accordance with the legislative acts;

is responsible for the preparation and implementation of the program in accordance with the legislation and the agreements referred to in paragraph 14 hereof.

Article 13

The customer:

submits the proposals for the tasks and indices describing the performance of the program tasks on the basis of  on the decision on  development of the program to the customer-coordinator, proposes a plan of action to implement each of them in the prescribed manner;

prepares the draft legal act on the approval of the program;

carries out the selection of the executors of the program activities competitively in accordance with the legislation;

coordinates the activities of the executors of the program;

carries out the program monitoring within its competence;

organizes the preparation and presentation of the annual report on the implementation of the program to the customer- coordinator within its competence;

develops (if necessary) and makes proposals for the amending of the program to the customer- coordinator;

is responsible for the preparation and implementation of the program in accordance with the legislation and the agreements  referred to in paragraph 14 hereof.

 

CHAPTER 5. MONITORING, ASSESSMENT OF EFFICIENCY  AND THE MONITORING OF PROGRAMS

Article 14

Once approved, the customer shall conclude agreements on the implementation of program activities with the executors of the program's activities in accordance with the acts of legislation.

Executors of the program activities are responsible for the timely and proper execution of these activities and the efficient use of assigned resources to implement them in accordance with these agreements.

These agreements stipulate the terms of implementation of program activities, the obligations of implementation of them and the responsibilities of the parties (the customer-coordinator, the customer and the executor of these activities) for the return of  the misused funds not used or in violation of the contract.

Article 15

Customer shall monitor the program and evaluate its effectiveness.

Article 16

Evaluating the effectiveness of programs is carried out under the program and the results of its implementation.

Article 17

The control of implementation of the program is carried out by providing:

the reports of implementation of

program activities by the executors for the customers;

the analytical reports on the course of implementation of the program by the customers (within their jurisdiction) for the customer-coordinators  annually by the 10th of  February of the year following the reporting year;

In the absence of the customer-coordinator the customers shall report on the course of implementation of the program in the manner prescribed in paragraph 18 hereof.

Article 18

The customer-coordinator shall submit a report on the implementation of the program:

annually by the 25th of  February of the year following the reporting year to  the Council of Ministers of the Republic of Belarus with the opinion on its implementation of the Ministry of Economy and the Ministry of Finance;

by the 31st of  July and the 25th of  January of the year following the reporting year to  the State Committee on  Science and Technology (on research and  development, works).

Article 19

The annual report on the implementation of the program shall include:

information on the implementation of activities, tasks and indices of the program;

information on the proper use of the funds and the volumes of  financing of program activities;

information on the need in correction of the program;

assessment of the efficiency , quality and timeliness of the program.

Article 20

The customer (customer-coordinator) may introduce the amendments concerning the activities realized in the ensuing financial year and in subsequent years, their due dates, the financing volumes and sources during the implementation in the manner prescribed by these Regulations not later than the 1st of July of the current  year.

Introduction of amendments into the program activities carried out in the ensuing financial year after the period specified in the first part of this paragraph are not allowed.

 

Attachment to

The Regulations

on the Order of Formation, Financing and Control over the Implementation of the State, Regional and Branch-Wise Programs

 

Draft Program Development  Stages *

Development of the Draft Program Concept

Making a Decision on  Draft Program Development  and Its Development

Coordination of the Draft Program

Elimination of the Criticisms  on  Draft Program and Submission of this Draft Program for Approval in the Prescribed Manner

August–October                                

November–January

February–March

April

 

*Development of the draft program is carried out step-by-step up to  the preparation of the draft law on the national budget for the ensuing financial year.

 

ORDER _ 155 of  May 5, 2010  on  Documentary FORMS on the issues of development and implementation of scientific-technical programs