Legal News

Legal News from Grata International
(February 2021)

Table of contents:

  • On extension of permission for delivery without state registration of medicines and medical devices necessary for diagnostics and treatment of coronavirus infection
  • On approval of the Construction Norms of the Kyrgyz Republic “Composition, order of development, concordance and approval of town-planning documentation”
  • On inventory reconciliation of the legislation of the Kyrgyz Republic
  • On approval of the Instruction on the procedure for registration of the right to claim for performance of obligations (under the contract) in respect of movable property
  • On changes of procedures on the state registration in the sphere of circulation of medicines
  • On prohibition of state controls of goods leaving the customs territory of the EAEU
  • On introducing a temporary ban on exports of oil and oil products from the Kyrgyz Republic outside the customs territory of the EAEU

On extension of permission for delivery without state registration of medicines and medical devices necessary for diagnostics and treatment of coronavirus infection

In order to ensure uninterrupted provision of population with necessary medicines and medical products in connection with epidemiological situation connected with coronavirus infection on the territory of Kyrgyz Republic, by virtue of the Resolution of the Government of Kyrgyz Republic dated 27 January 2021 No. 25, the term of permission for subjects of pharmaceutical and business activity to supply without state registration medicines and medical products included in National List of vital medicines and medical products has been prolonged till 1 July 2021.

The production and sale of medical masks without a license and state registration was stopped from 1 January 2021.

The Resolution entered into force on 1 January 2021.

The document is not available in the public domain.

On approval of the Construction Norms of the Kyrgyz Republic “Composition, order of development, concordance and approval of town-planning documentation”

Construction standards of the Kyrgyz Republic, approved by the Order of the State Agency of Architecture, Construction, Housing and Communal Services under the Government of the Kyrgyz Republic dated 25 January 2021 № 41-npa, define the basic requirements in the Kyrgyz Republic to the composition and content of materials, the order of development, review, coordination and approval of all stages of urban planning documentation.

The order comes into force thirty days after the official publication date.

On inventory reconciliation of the legislation of the Kyrgyz Republic

In order to optimize and improve the entire legal framework, to carry out a large-scale and qualitative change in it, based on the revision of existing values and principles, new guidelines and aimed at protecting the rights and interests of citizens and legal entities, the Presidential Decree dated 8 February 2021 No. 26 provides for the formation of an interagency expert group, which is tasked to carry out a complete inventory reconciliation by 31 December 2021 of adopted concepts, strategies, programs and laws of the Kyrgyz Republic on the branches of law for compliance with the Constitution, the principles of social justice and partnership, necessity, expediency and effectiveness, sufficiency of subject regulation, elimination of internal contradictions and collisions, gaps in the law, based on which to make proposals aimed at elimination of the identified discrepancies.

The interagency expert group is given the right to develop and initiate a draft law to introduce a simplified mechanism of termination of laws and other normative legal acts adopted within the framework of such laws (according to the principle of “guillotine”).

The decree enters into force from the date of its official publication.

On approval of the Instruction on the procedure for registration of the right to claim for performance of obligations (under the contract) in respect of movable property

The Resolution of the Government of the Kyrgyz Republic dated 8 February 2021 No. 35 approved the Instruction on the procedure of registration of the right of claim on performance of obligations (under the contract) in respect of movable property which was developed in accordance with the Law of the Kyrgyz Republic “On Pledge” and determines the registration, amendment and termination of the right of claim on performance of obligations (under the contract) in respect of movable property and issuing information from the Unified State Register of Rights of Claim on movable property on the registered right of claim on performance of obligations (under the contract).

Registration of the right of claim includes the following actions: preliminary registration, registration, introduction of changes, termination of the registered pledge notice.

Registration of the right of claim for performance of obligations (under the contract) in respect of movable property determines the priority right of the pledgee.

The authorized state body in the field of registration of the right of claim for execution of obligations in respect of movable property, as well as providing maintenance of the Unified State Register of Rights of Claim on movable property on the registered right of claim on performance of obligations (under the contract)is the Ministry of Justice of the Kyrgyz Republic.

The decree shall enter into force seven working days after the date of its official publication.

On changes of procedures on the state registration in the sphere of circulation of medicines

In order to effectively implement procedures related to the state registration in the sphere of circulation of medicines, the Resolution of the Government of the Kyrgyz Republic dated 22 February No. 58 established that the state registration of a medicinal product in accordance with the approved order is carried out until 1 July 2021, and the confirmation of state registration and changes to the registration dossier of a medicinal product – until 31 December 2025.

The procedure for submitting applications for confirmation of registration and amendments to the registration dossier of medicinal products was also changed.

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

On prohibition of state controls of goods leaving the customs territory of the EAEU

To promote export potential and optimize the processes of moving goods, animals and vehicles through automobile checkpoints located on the customs border of EAEU in the Kyrgyz Republic, the Resolution of the Government of the Kyrgyz Republic dated 26 February 2021 No. 64 established a ban on state controls at automobile checkpoints on the customs border of EAEU in Kyrgyz Republic with respect to goods, animals and vehicles departing from the customs territory of EAEU in accordance with the customs procedure of export, with the exception of radioactive, borders, vehicle (automobile) and customs control.

The Resolution enters into force ten days after the date of its official publication.

On introducing a temporary ban on exports of oil and oil products from the Kyrgyz Republic outside the customs territory of the EAEU

In order to prevent a critical shortage in the domestic oil and oil products market, the Government of the Kyrgyz Republic has decided to establish a temporary ban on the export (export) from the Kyrgyz Republic outside the customs territory of the Eurasian Economic Union by road and rail of oil (classified by code 2709 FEACN of the EAEU) and oil products (classified by code 2710 FEACN of the EAEU) except for fuel oil (classified by code 2710 FEACN of the EAEU), until the saturation of the domestic market or the formation of common markets for oil and oil products of the Eurasian Economic Union.

The requirements stipulated by the Resolution do not apply to petroleum products exported from the territory of the Kyrgyz Republic by individuals for personal use that are in the fuel tanks of vehicles installed in accordance with the requirements of the Technical Regulations of the Customs Union on the safety of wheeled vehicles (TR CU 018/2011), as well as in a separate container volume not exceeding 20 liters.

This Resolution shall come into force on the date of its signing.