Legal News

Legal Grata International
(December 2020)

Table of contents:

  • On the introduction of a ban on inspections of business entities by law enforcement agencies
  • On extension of the restriction on leasing state property in Bishkek and Osh cities and Chui oblast
  • On introducing amendments to the Law of the Kyrgyz Republic “On state procurement”
  • On approval of the Regulation “On the enforcement actions applied to NBCOs and other legal entities, supervised by the National Bank of the Kyrgyz Republic
  • On adopting additional measures to accept payments using two-dimensional barcode symbols (QR code)
  • On amendments to legislative acts on issues of economic amnesty
  • On ratification of the Treaty on trademarks, service marks and appellations of origin of goods of the EAEU

On the introduction of a ban on inspections of business entities by law enforcement agencies

In order to create favorable conditions for entrepreneurs and support economic activities of business entities, ensure their legal protection, eliminate unjustified and unnecessary interference of certain law enforcement agencies in the activities of business entities, as well as in connection with the spread of COVID-19 virus, on December 11, 2020 the Resolution of the Government of the Kyrgyz Republic introduced a ban on inspections of business entities conducted by law enforcement agencies.

The exceptions are inspections carried out as part of criminal and civil proceedings; at the request of individuals and legal entities; by the Customs Service with respect to goods under customs control and on issues related to the prevention of the spread of the COVID-19 coronavirus in the KR.

The Resolution shall enter into force after fifteen days from the date of its official publication.

On extension of the restriction on leasing state property in Bishkek and Osh cities and Chui oblast

Resolution of the Government of the Kyrgyz Republic No. 620 dated 18 December 2020 extended the restriction on direct provision of state property for lease in the territory of Bishkek and Osh cities and Chui oblast until 31 December 2021.

The Resolution comes into force on 1 January 2021.

* This link refers to the Resolution of the Government of the Kyrgyz Republic dated 18 August 2017 No. 507, in the absence of the Resolution of the Government of the Kyrgyz Republic dated 18 December 2020 No. 620 in the public domain

On introducing amendments to the Law of the Kyrgyz Republic “On state procurement”

A number of significant changes were made to the Law of the Kyrgyz Republic “On public procurement”. In particular, definitions were supplemented, and provisions defining the requirements for goods, works and services were introduced. Also, changes have affected the procedure for procurement of consulting services.

The law enters into force after thirty calendar days from the date of its official publication.

* This link refers directly to the Law of the Kyrgyz Republic “On Public Procurement” dated 3 April 2015 No. 72, in the absence of the Law of the Kyrgyz Republic dated 18 December 2020 No. 8 in the public domain.

On approval of the Regulation “On the enforcement actions applied to NBCOs and other legal entities, supervised by the National Bank of the Kyrgyz Republic

The Resolution of the Board of the National Bank of the Kyrgyz Republic No. 2020-P-33/73-12 dated 23 December 2020 approved the Regulation, which establishes the procedure for the application by the National Bank of impact measures to non-bank financial-credit institutions and other legal entities supervised by the National Bank, including those conducting operations in accordance with the Islamic principles of banking and financing and/or having “Islamic window”.

The purpose of application of the National Bank’s impact measures with regard to NBCOs is to provide prompt early response, correction and elimination of problems to maintain stability and sustainability of NBCOs and the banking system, to counteract the financing of terrorist activities and legalization (laundering) of proceeds of crime, to prevent monopolistic activities in the market of banking services, to protect interests of depositors, rights of consumers of NBFIs and other creditors.

The Resolution shall enter into force after fifteen days from the date of its official publication.

On adopting additional measures to accept payments using two-dimensional barcode symbols (QR code)

According to the amendments made to the Resolution of the Government of the Kyrgyz Republic “On measures to protect consumer rights”, individual entrepreneurs and (or) legal entities engaged in activities according to the approved List are required to ensure the installation and use of equipment (software and hardware device) designed to accept payments using two-dimensional bar code symbols (QR code), along with the equipment designed to accept payments using bank payment cards or electronic money.

The Resolution shall enter into force after fifteen days from the date of its official publication.

* This link refers directly to the Resolution of the Government of the Kyrgyz Republic “On measures to protect consumer rights” dated 23 December 2015, in the absence of the Resolution of the Government of the Kyrgyz Republic dated 24 December 2020 No. 623 in the public domain

On amendments to legislative acts on issues of economic amnesty

On 23 December 2020, at the session of the Jogorku Kenesh, public deputies considered a draft law “On Amendments to Legislative Acts on Economic Amnesty”. In one day, the law passed all three readings and was adopted by the Parliament.

The law was prepared to establish additional state guarantees for business entities, in respect of persons involved in the process of voluntary declaration of property and income during the deficit of the national budget, as well as to show humanity to persons held in places of detention and remand centers in conditions of the spread of coronavirus infection (COVID-19).

The proposed law would also reduce state costs for the maintenance of convicted and remand prisoners and is aimed at humanizing criminal liability for certain economic and tax crimes, as well as crimes against property, interests of service in commercial and other organizations. At the same time, these norms will ensure liability for the aforementioned crimes without imprisonment, which will allow to keep a delinquent person in the society and provide an opportunity for his correction.

On ratification of the Treaty on trademarks, service marks and appellations of origin of goods of the EAEU

On 23 December 2020, at the session of Jogorku Kenesh, public deputies reviewed and adopted the draft law “On ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union, signed on February 3, 2020 in Moscow” in the second reading.

The Treaty regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks and appellations of origin of goods of the Eurasian Economic Union.