The undermentioned paper takes a closer expression at the Budget system in Republic of Macedonia ( hereinafter Macedonia ) . It looks at the different statute law that surrounds the budget rhythm in Macedonia, such as the Budgets Law, Law on Execution of the Budget, Law on Accounting of the Budget and Budgets Users every bit good as refers to other Torahs that support the rating.
The chief end is to measure the bing budget system looking through the 10 rules defined in the OECD Journal of Budgeting “ The Legal Framework for Budget Systems ” [ 1 ] .
These rules are taken as chief standards for the analysis of this paper due to the fact that OECD is seen as international compositor to good and best patterns with the budgeting sphere in transitional and developing states. On the other manus, from the two models that OECD provides, viz. the 10 rules and the Questionnaire on Public Expenditure Management, the writer of this paper chose the 10 rules as standards because of the handiness of informations in comparing to the Questionnaire.
Even though informations for the Questionnaire is present in Macedonia, the same is non available on published studies available on the cyberspace.
After the rating is concluded, recommendations for amalgamate balance of the budget, exclusions to gross recording, development of capital budgeting, Bettering the transparence and strategic planning every bit good as restricting the budgetary user ‘s budgets will be provided that might beef up the budget system in Macedonia.
There is a batch of argument traveling on around the issue of what represent good effectual norms for the budget systems.
Most frequently we can see International bureau as standard compositors in the universe, the International Monetary Fund and the Organisation for Economic Co-operation and Development ( hereinafter OECD ) as being the most widely used. These two criterion compositors have developed the good and the best patterns when it comes to budget systems.
The undermentioned paper takes the publication in the OECD Journal of Budgeting “ The Legal Framework for Budget Systems ” and the defined 10 rules as the pattern harmonizing which the budget system in Macedonia will be tested. The usage of these peculiar rules is justified by their simpleness fore the reader every bit good as because of the fact that these rules can be explained through the available and published informations and no necessary demand would be farther needed in the rating process. ,
As stated by Jung and Ian, it has to be taken into history that all of the rules that will be discussed farther in this paper are of import, but non equal due to their constitutional significance.
This paper evaluates the budget system in Macedonia and all of its environing statute law utilizing the 10 rules as chief standards.
At the terminal of the paper, recommendations are being drawn out that should assist the Ministry of Finance in the hereafter to beef up some of the rules these rules in footings of the budget system of Macedonia.
The Ministry of Finance is responsible for the readying and executing of the Budget. At the same clip the Ministry is responsible for opening Treasury history which is managed by the Treasure and for describing on the executing of the budget and the budgetary users. Presented holla are the processs that are explicating the duties of the Ministry of Finance and the rule of authoritativeness as defined above.
The Minister of Finance is responsible for fixing the Budget of Republic of Macedonia and for the bringing of the Budget to the Government of Republic of Macedonia. [ 2 ] The Ministry of Finance is fixing the Medium Term Fiscal Strategy for a period of three old ages in order to suggest the waies and the ends of the financial policy and is finding the sum of the chief classs of the estimated grosss and approved resorts for that period. [ 3 ] The Strategy is being passed by the Government of Republic of Macedonia latest by the 31 of March. [ 4 ]
Based on the proposed Medium Term Fiscal Strategy the Ministry of Finance is suggesting the maximal sum of resources for the budgetary users of the cardinal authorities and the financess. [ 5 ]
After the Medium Term Fiscal Strategy is adopted the Ministry of Transport is presenting instructions in signifier of Budget handbill to the unit users by the 15th of June and to the city managers of the local authorities by the 30th of September. [ 6 ]
In footings of the Budget handbill, Draft plans for plans from the budget users are derived to budget users by the 15th of June. These programs are delivered to the Government by the 15th of July in the current twelvemonth and the Government is O.K.ing the same by the 15th of August. [ 7 ] The sanctioned program for plans together with extra paperss is derived to the Ministry of Finance by the 1st of September in the signifier of Budget application. [ 8 ] In the same footings, the Draft plans from the local authorities are delivered to the Council of the local authorities by the 20th of October and the same is O.K.ing the Draft program by the 15th of November of the current twelvemonth. ( Article 21-b ) .
An underling rule that needs to be taken into history in footings of the legislative authorization and the executing of the budget defines the duty for fixing budget executings. [ 9 ] In Republic of Macedonia, the executing of the budgets of the different budget users is carried out harmonizing to the amalgamate fiscal programs and study on quarterly bases that the budget users are subjecting to the Treasury. The Treasury is so apportioning the sanctioned resources harmonizing to the one-fourth of the fiscal programs but transfers the fundss to the budget users on monthly footing. [ 10 ]
Parliamentary power is another underlying rule of authoritativeness. The Ministry of Finance is presenting the Draft budget, incorporating general, specific and developmental portion [ 11 ] , to the Assembly of the Republic of Macedonia ( hereinafter Assembly ) latest by the 1st of November. The Assembly is O.K.ing the Budget latest by the 31st of December.
In instances when the Budget has non been approved by the 31st of December of the current twelvemonth by Assembly, the Ministry of Finance approves use of resources for the period till the 31st of March for the undermentioned twelvemonth which should non transcend the sum of the resources used in the first one-fourth of the old twelvemonth. The sum spent in this period is included and decided from the concluding budget when the same 1 has been approved. However, if the budget still has n’t been approved by the 31st of March in the current twelvemonth, the Assembly makes a determination for go oning the timely funding. [ 12 ]
As mentioned in the old point I ) an implicit in rule of authoritativeness is the coverage on executing. In this portion since we look at the executing from the parliamentary side we besides need to look at the rhythm of coverage of the budget in Macedonia. In these footings, the executing of the Budget is regulated by “ Law for executing of the budget ” for the following twelvemonth which is passed after the blessing of the budget from the Assembly but non subsequently than the 31 of December of the current twelvemonth. This jurisprudence specifies the executing of budget that should be based on four chief rules viz. purpose-made, rational, economic and efficient executing. [ 13 ]
Furthermore, the Law for accounting on the budgets in Article 28 and Article 29, the Government of Republic of Macedonia should subject its one-year study, after it has been approved by the Government, to the Assembly together with the one-year studies of the all its budgetary users no subsequently than 30th of June in the current twelvemonth for the budget of the old twelvemonth [ 14 ] . Separate one-year study for the budget and the budget users should be submitted to the Registry for Annual Account of the Central Register of Republic of Macedonia and to the State Audit Office by the terminal of February the current twelvemonth for the old twelvemonth. [ 15 ]
The Constitution of Republic of Macedonia provides the basic authorization of the Assembly and the Government in footings of the budget. Within these frames, in Article 91 and 68 defines the function of the Government and the Assembly in footings of the budget, viz. suggesting the budget, and following the democracy ‘s budget and the one-year study.
In add-on, the rule of amendment is of high of import as good when we discuses authoritativeness in footings of the Constitution. Jung and Ian in their paper “ Is there an Optimum Legal Framework for the Budget System? ” argue that in order to fulfill the democracy regulation of the county, amendment powers should be given to the parliament. [ 16 ] Looking at these amendment powers in Macedonia, it should be stated that the Draft budget can be amendment by each member of the parliament of groups of the Assembly. Copy of each amendment should be given to the members of the parliament before the start of each parliamentary argument. [ 17 ] As mentioned before, the Assembly is O.K.ing the Budget for the following twelvemonth by the terminal of the current twelvemonth, every bit good as the Law for executing of the budget for the following twelvemonth.
Looking at the one-year footing as a 2nd rule in of this model we are traveling to look at specification on the financial twelvemonth, whether revenue enhancement and other gross imposing governments are lasting or merely for the financial twelvemonth, whether some outgo governments are lasting, carryovers and adoptions from the following twelvemonth ‘s budget.
The budget of Republic of Macedonia and the budgets of the municipalities refer to period of one twelvemonth that starts at the 1st of January and ends at the 31st of December.
In footings of revenue enhancement, harmonizing to the Law on revenue enhancements for the citizens [ 18 ] , all revenue enhancements are determined harmonizing the footing and the rates that are valid from the 1st of January in the twelvemonth for which these duties are being set. This implied, as stated by Jung and Ian that all revenue enhancement is for 12 months merely. [ 19 ]
Outgos are every bit good non lasting as defined by the Legal model in Republic of Macedonia. As mentioned above all budget users need to subject programs for outgo to the Treasury in order to utilize their budgets. Furthermore, the Law on public internal alteration recognizes ex-ante and ex-post fiscal audit in this instance. [ 20 ] Ex-ante regulates the process by which no fiscal duty and outgo can be carried out prior an blessing from a higher degree public retainer. The ex-post regulates refers to a process of look intoing the minutess after they are wholly finished.
The fresh sanctioned resources are non valid with the termination of the budget at the terminal of the financial twelvemonth as it is underlined in the Budgets Law. [ 21 ] As it was mentioned before the budget of Republic of Macedonia is divided into general, specific and developmental portion. In instances when approved resorts for plans and sub-programs from the developmental portion of the budget would non be used in the financial twelvemonth, the same are being transferred in the sum of 50 % to the undermentioned twelvemonth as already approved resorts. [ 22 ]
Borrowing from the undermentioned twelvemonth ‘s awaited budget is non applicable for the budget of Macedonia, because the system does non utilize Medium Term Expenditure Framework that would supply allotment of beginnings for several old ages. As it was defined above, the budget of Republic of Macedonia refers merely to one financial twelvemonth that starts on the 1st of January and ends on the 31st of December.
This rule represents the 2nd rule which importance should be mentioned in the Constitution, as stated by Jung and Ian. [ 23 ] In these footings the Constitution of Macedonia recognizes the levying governments of the local authorities in Macedonia nevertheless it does non acknowledge the outgo governments for the same. Harmonizing to Article 114 from the Constitution the local authorities is financed by ain beginnings of grosss determined by jurisprudence and by beginnings of the Government. [ 24 ] Article 117 of the Construction states the same rights in footings of the financing the unit by ain beginnings of gross for the City of Skopje, which represents specific unit of the local authorities defined by a specific jurisprudence. [ 25 ] However, the Constitution does non stipulate on the authorization for outgo of the local authorities.
Jung and Ian in their paper every bit good indicate out to the demand of amalgamate gross fund where all grosss are received and all outgo are paid from. [ 26 ] For the intents of pull offing with the fiscal resorts of the Budget, the Ministry of Finance opens one individual Treasury history in the National Bank of Macedonia. The Budgets Law of Macedonia specifies that sub-accounts are created for the budget users and the unit user. [ 27 ] Harmonizing to Article 40 and 41, all grosss and outgos are recorded in the Main book of the Treasure. Furthermore, these articles province that the Main book of the Treasury and the Treasury history are being consolidated on regular footing, but it does non supply the period of consolidation.
Exception to the catholicity rule in Macedonia can be seen in the extrabudgetary financess such as the Pension and Disability Insurance Fund of Macedonia, the Health Insurance Fund of Macedonia, the Fund for National and Regional Roads of the Republic of Macedonia, and the Employment Service Agency of the Republic of Macedonia which as this exclusion underscores should be included in separate Torahs. [ 28 ] Having said this it is of import to province the amalgamate budget of the cardinal Government and the extrabudgetary financess represent amount of the grosss and outgos of the cardinal budget and the budgets of the extrabudgetary financess, non speaking into history the budgets of the units of local self authorities, by ignoring the common transportations and the cardinal budget to the extrabudgetary financess and the transportations between the extrabudgetary financess themselves. However, with the alterations of the Law on accounting for the budgets and budget users from 2005, the demand for fixing amalgamate budget has been removed. [ 29 ]
The rule of integrity as defined by Jung and Ian that the budget to show all grosss and outgos at the same clip, every bit good as that the micro scheme should associate to the sanctioned outgo and grosss. [ 30 ] In these footings, Article 29 of the Budget Law states that the Draft budget of the Republic of Macedonia contains sketch of the micro indexs, economic policies including the policy for public investings and a sketch of the plans of the Government and the budget users.
Specificity as a rule within this model refers to the inside informations of the budget estimations and to maximum outgos for specific intents of the budget, as presented by Jung and Ian. [ 31 ] . Similarly to the rule of integrity, the specificity can be besides found in the Article 29 of the Budget Law. [ 32 ] Here the jurisprudence refers to the Draft Budget as a papers that besides includes the sketch of the bill of exchange functional categorization, economic categorization and plans of the Government. Other paperss that are contained into the Draft Budget are Draft program for grosss and other grosss and approved outgos for the budget users ; Midterm Fiscal Framework including grosss and expected outgos, inside informations about the capital investings undertaking harmonizing plans, inside informations about the exposed dept at the beginning and the terminal of the twelvemonth every bit good as the new dept and its estimated payment.
As mentioned in the first rule, the authoritativeness, the bill of exchange Midterm Fiscal Strategy that the Ministry of Finance is suggesting the maximal sum of resources for the budgetary users of the cardinal authorities and the financess which are subsequently approved by the Government and are added to the compete Draft Budget. [ 33 ] Furthermore, Article 34 from the Budget Law states that outgo can be increased or decreased. In instances when the budget users are necessitating increasing or decreasing of the sanctioned resources, they need to subject petition for alterations in the resorts to the Ministry of Finance. The jurisprudence nevertheless does non stipulate if merely certain plans can bespeak decreasing or increasing and the per centum of this alteration.
In footings or the accounting system used for the budget, harmonizing to the International Federation of Accountants, Macedonia presently is the “ procedure of following the hard currency footing International Public Sector Accounting Standards ( IPSAS ) , will so travel to follow accumulations footing IPSAS ” [ 34 ] . This information has non been reference in the Budget Law or related Torahs that have been analyses for the intent of this paper.
In term of the balance Article 36 of the Budget Law defines the alterations and the amendments of the budgets [ 35 ] . In these footings, the Ministry of Finance in instance when the expected grosss and other grosss of the basic budget are being realized on a higher degree may transport out extra payments of the base and the involvement rate of the dept [ 36 ] .
In instances when the Ministry of Finance evaluates the necessary redistribution is needed and that the execution of the grosss and other grosss significantly recede from program, it proposed to the Government alteration and amendment of the budget [ 37 ] . The Assembly based on the proposal of the Government carries out the alterations and the amendments latest by the 1st of September of the current twelvemonth. [ 38 ] During this process the certain sanctioned resources of the budget that are concerned with these alterations are stopped.
Furthermore, harmonizing to Article 36-a from the Budget Law in instances when during the financial twelvemonth important budget discrepancy occur the Government upon a recommendation of the Ministry of Finance can halt the executing of some sanctioned resources for a period no longer than 45 yearss and the Assembly is informed. If in a period of 30 yearss conditions for regular executing of the budget are non created, the Government upon a recommendation of the Ministry of Finance is presenting Draft for alterations and amendments to budget to the Assembly.
The rule of answerability when looking the budget system, foremost and foremost is defines on the Article 46 of the Budgets Law. This Article refers to the answerability for purpose-made use of the sanctioned resources. [ 39 ] The article states that the budget user and the unit users are required to the resources intentionally and are non allowed to transport out duties that exceed the sanctioned resorts of the budget [ 40 ] .
Furthermore, when we discus accountability we need to look at who is responsible for the executing of the budget. As mentioned earlier in the paper, the budget users and the budget units are execution the budget which confirmed the underlying thought of the Article 46 of the Budgets Law mentioned in the old paragraph. In the frames of the executing, it is from importance to mentioned every bit good that the Ministry of Transport is subjecting mid-year study and concluding study to the Government for the executing of the budget [ 41 ] .
It is of import to emphasize that particular portion in the executing and the audit over the executing, have the Ministry of Finance, the Treasury, the State Audit Office and the Internal Audit. In these footings the Law on Public Internal Revision recognizes ex-ante and ex-post fiscal audit [ 42 ] . The ex-ante as it was specified earlier in the paper regulates the process by which no fiscal duty and outgo can be carried out prior an blessing from a higher degree public retainer. The ex-post regulates refers to a process of look intoing the minutess after they are wholly finished.
In footings of answerability the Budget Law besides specified deadlines that need to be met in the procedure of readying and the executing of the budget. Deadlines for describing on the same are besides given within the frames of the same jurisprudence.
Law for accounting on the budgets in Article 28 and Article 29, the Government of Republic of Macedonia should subject its one-year study, after it has been approved by the Government, to the Assembly together with the one-year studies of the all its budgetary users no subsequently than 30th of June in the current twelvemonth for the budget of the old twelvemonth. The budgets and budgets users harmonizing to the Law for accounting on the budgets [ 43 ] are responsible for subjecting their one-year studies to the Central Register and to the State Audit Office until the terminal of February the current twelvemonth for the old.
The rule of transparence is underlined in the Articles 53 and 54 of the Budgets Law of Macedonia. These articles define that the studies related to the executing of the Budget should be publish on the web site of the Ministry of Finance on monthly footing. In add-on, the Minister of Finance is subjecting the mid-year study on executing to the Government latest by the 31st of July during the current twelvemonth. [ 44 ] Article 54 provinces that the Budget and the Annual study on the budget are being published in the Official Gazette of Republic of Macedonia [ 45 ] .
Extra regulations that define the rule of transparence are besides defined with the Law on free entree to information of public character. With this jurisprudence the citizens are accomplishing their constitutional right to free entree of information, the freedom to have information and portion information every bit good as the promotion in the work of the information keepers. [ 46 ]
The rule of stableness as defined by Jung and Ian refers largely to Medium Term Fiscal Strategy and its planning. Harmonizing to Article 16, the Medium Term Fiscal Strategy is planned for period of three old ages in order to suggest the waies and the ends of the financial policy and is finding the sum of the chief classs of the estimated grosss and approved resorts for that period [ 47 ] , where as Article 5 of the Budgets Law clearly defines that the budget refers to merely one financial twelvemonth that starts on the 1st of January and ends on the 31st of December. [ 48 ]
The Budgets Law on Macedonia recognizes efficiency, economic system and effectivity as budget ends and chief rules. These rules refer to the process of readying, blessing and execution of the budget every bit good as to the coverage of the executing. In general, as provided by Article 3 from the Budgets Law, economic system implies that all sanctioned resources are used in timely mode, in appropriate sum, taking into history the monetary value and the quality [ 49 ] . Furthermore, the same article defines efficiency as the best ratio between the used resources and the achieved consequences, whereas the effectivity implies accomplishing the consequences and the coveted consequences. [ 50 ]
With the Law on alteration and amendment of the accounting of the budgets and budget users in 2005 the demand for outlining amalgamate balance of the budget has been abolished. Originating alteration in the statute law for returning this duty for outlining amalgamate one-year study would emphasize the importance of covering all of the entire grosss and outgos of the Republic, every bit good as the histories receivable and histories collectible.
As defined by Jung and Ian some outgos require long term planning. [ 51 ] In these footings, the statute law environing the budgets system in Macedonia should clearly specify the conditions and footings of undertaking which are on multi-year footing which will let these undertakings to be approved every bit good on multi-year footing.
The statute law behind the budget system of Macedonia does non indicate out to projections that are shown on a net footing. This as pointed by Ian and Jung can supply authorities bureaus to “ maximise gross ” [ 52 ] and might supply “ strong inducements to project grosss realistically… and guarantee aggregation as projected ” [ 53 ] . Furthermore, this will besides beef up the transparence and insure stronger responsibly of the disposal in Macedonia.
The development of the capital budgeting would indicate to specific attempts and entire coordination of all budget establishments. Overall planning of the capital undertaking represent important of import for timely and successful realisation of these undertakings. Showing the undertakings as separate capital routines together with the kineticss of realisation of the undertakings by old ages and months will supply justification for the undertakings, and as reference will add to timely execution to the activities of these undertakings. The purpose of the Ministry of Finance will be to guarantee that activities environing activities of the capital undertaking would non be postponed and at the same clip will guarantee timely payment of these activities.
Even thought Macedonia can see betterments in the transparence thought the publication of the appropriate paperss underlined in the statute law in Macedonia on the official web site of the Ministry of Finance, it is of import these publication to be in line with the deadlines given in the Budget jurisprudence. [ 54 ] The Government might see publication every bit good the Sublimate of the budget every bit good the Medium Term Fiscal Strategy and macroeconomic policy.
Even though there is a clear budget calendar in the Budget Law of Macedonia, this frame frequently is non obliged the budget users. In these footings, the strategic planning demands to be adjusted to the budget procedure in entire. Possible alterations might be made in the accommodations with the strategic planning in a manner that the budget users will present sector precedences which so can be applied to the strategic precedences and will convey easiness to the planning procedure.
Even thought the Ministry of Finance started puting up bounds and controls these bounds for the budget users, the budget users themselves concentrate on maximising the absolute volumes of the fiscal resources because the deficiency of steps of public presentation. In these footings, the Ministry of Finance might see altering the budget as a whole from line up to public presentation, which might stand for an extra load to the disposal and make extra jobs in the budget system in Macedonia, or might see presenting steps for public presentation that would non alter the budget as a whole but would convey elements of public presentation measuring in order to guarantee more realistic budgets.
Furthermore, the Budget application contents the undermentioned paperss: Filled Circular, Strategic program for budget users, Plan for public procurance, Approved program for plans accompanied by elaborate justifications, Plan on systematic and filled employments of the budget user and other paperss harmonizing the demands and waies given in the Budget curricular.