Legal News

Legal Grata International
(July 2020)

Table of contents:

  • On ratification of the Agreement between the Kyrgyz Republic and International Development Association on financing
  • On ratification of the Protocol amending the Agreement on Cooperation in the Field of Legal Protection of Intellectual Property and creation of Interstate Council on Matters of Legal Protection of Intellectual Property
  • On ratification of Protocol on Protection of Industrial Model to the Eurasian Patent Convention
  • On ratification of amendments to Montreal Protocol on Substances That Deplete the Ozone Layer
  • On amendments to the Law “On the Bar of the Kyrgyz Republic and Advocacy”
  • On signing of the Law “On Bioethanol”
  • On amendments to the Law “On Protection of Customer’s Rights”
  • On temporary measures for the suspension of inspections and preliminary inspections of payment organizations / operators of payment systems / applicants due to the spread of coronavirus infection COVID-19
  • On temporary measures for the suspension of inspections of commercial banks and non-banking finance-credit organizations

On ratification of the Agreement between the Kyrgyz Republic and International Development Association on financing

The President of the Kyrgyz Republic Sooronbai Zheenbekov signed the Law of the Kyrgyz Republic “On ratification of the Agreement between the Kyrgyz Republic and the International Development Association on financing (Project on modernization of tax administration and statistical system), signed on April 28, 2020 in Bishkek”.

The Law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on June 4, 2020.

In accordance with this Law, the Ministry of Finance of the Kyrgyz Republic should notify the International Development Association (IDA) on the implementation by the Kyrgyz Republic of the internal procedures necessary for the entry into force of the above Agreement.

The Law shall enter into force after ten days from the date of its official publication.

For reference:

The purpose of the Project is to improve the efficiency of tax collection and modernization of the national statistical system for effective measurement of economic and social development of the country.

The total value of the Project is USD 35 million, including IDA credit – USD 17,5 million, IDA grant – USD 17,5 million.

The term of the loan – 38 years, of which 6 years is a grace period.

Interest rate – 0.75% per annum.

The implementation period is 5 years.

Executive bodies – State Tax Service under the Government of the Kyrgyz Republic and National Statistical Committee of the Kyrgyz Republic.

On ratification of the Protocol amending the Agreement on Cooperation in the Field of Legal Protection of Intellectual Property and creation of Interstate Council on Matters of Legal Protection of Intellectual Property

The President of the Kyrgyz Republic Sooronbai Zheenbekov signed the Law of the Kyrgyz Republic “On ratification of the Protocol amending the Agreement on Cooperation in the Field of Legal Protection of Intellectual Property and creation of Interstate Council on Matters of Legal Protection of Intellectual Property dated November 19, 2010, signed on May 26, 2017 in the city of Kazan”.

The Law was adopted by the Jogorku Kenesh on June 11, 2020.

In accordance with this Law, the Ministry of Foreign Affairs of the Kyrgyz Republic should notify the Executive Committee of the CIS on the performance by the Kyrgyz Republic of the domestic procedures required for the entry into force of the above Protocol.

The Law shall enter into force after ten days from the date of its official publication.

For reference:

The main purpose of the Protocol is to create conditions for the formation and development of the intellectual property market of the Commonwealth of Independent States.

The Governments of the Member States of the above Agreement, taking into account the need for cooperation in the field of intellectual property management, including commercialization and other use of intellectual property objects, have agreed to make appropriate additions and amendments to the above Agreement and to the Regulation on the Interstate Council on Legal Protection of Intellectual Property, which will contribute to the correct interpretation and effective application of provisions of the above Agreement and the Regulation on the Interstate Council on Legal Protection of Intellectual Property.

In accordance with Article 8 of the above Agreement, by mutual consent of the Parties, it may be amended and supplemented which shall be deemed an integral part of the Agreement, which shall be formalized by a relevant protocol entering into force in the manner prescribed for the entry into force of the above Agreement.

On ratification of Protocol on Protection of Industrial Designs to the Eurasian Patent Convention

President of the Kyrgyz Republic Sooronbai Zheenbekov signed the Law of the Kyrgyz Republic “On ratification of the Protocol on Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994, signed on September 9, 2019 in the city of Nur-Sultan”.

The Law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on June 11, 2020.

In accordance with this Law, the Ministry of Foreign Affairs of the Kyrgyz Republic is to deposit the instrument of ratification of the above Protocol with the depositary, who is the Director General of the World Intellectual Property Organization.

The Law shall enter into force ten days after its official publication.

For reference:

The main objective of the Protocol is to strengthen and expand the Eurasian system of protection of industrial property objects, to create an interstate system of protection of industrial designs on the basis of a single Eurasian patent valid in the territory of all Contracting States, to develop the domestic markets of the participating countries and increase the attractiveness of their territories for the development of trade and investment activities.

The Protocol provides that the Contracting States (the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Tajikistan, the Russian Federation and Turkmenistan) shall expand the functions of the Eurasian Patent Organization (hereinafter – EAPO) in the field of protection of industrial property objects provided for by the Eurasian Patent Convention dated September 9, 1994.

It seems expedient to create on the basis of the EAPO a regional system of legal protection of industrial designs, which will restore the interest of national applicants to acquire protection in respect of industrial designs, both in the territory of their states and in the territories of other countries-participants of the said regional system, as well as will increase the interest of foreign applicants in the said regional system.

Formation of the regional system of legal protection of industrial designs will promote trade in the territory of the countries-participants of the Eurasian Patent Convention, and also will improve the investment climate in the region as a whole.

On ratification of amendments to Montreal Protocol on Substances That Deplete the Ozone Layer

The President of the Kyrgyz Republic Sooronbai Zheenbekov signed the Law of the Kyrgyz Republic “On ratification of amendments to Montreal Protocol on Substances That Deplete the Ozone Layer adopted in the city of Kigali, Republic of Rwanda, on October 15, 2016”.

The Act was adopted by the KR Jogorku Kenesh on 4 June 2020.

In accordance with this Law, the Ministry of Foreign Affairs of the Kyrgyz Republic is to deposit the instrument of ratification of the amendment with the depositary, who is the Secretary-General of the United Nations.

The Law shall enter into force ten days after its official publication.

For reference:

On 15 October 2016, in Kigali, Republic of Rwanda, the 197 countries parties to the Montreal Protocol adopted a new amendment to the Montreal Protocol to combat the significant increase in the production and consumption of hydrofluorocarbons and the increase in emissions from the operation of equipment using them.

The Kigali amendment calls for a gradual phase-out of hydrofluorocarbons by 80-85 per cent by 2047, which will slow global warming by 0.5 °C by the end of the century (with further reductions in CO2 and methane emissions).

Under the new rules of the Montreal Protocol, each country gets its own schedule of hydrofluorocarbons decommissioning. Thus, most developed countries have already frozen the consumption of hydrofluorocarbons in 2016 and intend to reduce it by 10% by 2019 and gradually reduce it further. Most developing countries will freeze the consumption of hydrofluorocarbons, reducing it by 10% by 2029. The Kigali amendment complements the Montreal Protocol with provisions for phasing out hydrofluorocarbons.

Specifically, it provides for the phasing out of hydrofluorocarbons:

– Hydrofluorocarbons consumption is to be frozen in 2024, with a further reduction to 80% by 2045;

– production, consumption, imports, exports, emissions, and base consumption levels of hydrofluorocarbons are expressed as carbon dioxide (CO2) equivalents;

– base consumption levels are calculated based on production/consumption levels of both hydrofluorocarbons and hydrochlorofluorocarbons;

– import and export licensing systems for hydrofluorocarbons should be implemented by 1 January 2019;

– trade with countries that have not ratified the Kigali amendment (“non-Parties”) will be banned as of 1 January 2033.

On amendments to the Law “On the Bar of the Kyrgyz Republic and Advocacy”

Previously, the license for the right to engage in advocacy without passing the qualification exam was issued to persons with five years’ experience in the investigative units of law enforcement agencies, as a judge, in the departments of the President’s Office, the Jogorku Kenesh, the Government in positions requiring higher legal education, and as a deputy of the Jogorku Kenesh with higher legal education. With the introduction of amendments, exemption from the qualification exam granted to these persons is no longer provided by the Law.

The Law also establishes that persons holding a state or municipal position who received a license during their professional service in state or local government bodies are obliged to apply to the Ministry of Justice of the Kyrgyz Republic within three working days from the day of receiving the license with an application to suspend the validity of the license for the period of being in state or municipal service.

The Law enters into force after ten days from its official publication.

On signing of the Law “On Bioethanol”

President Sooronbai Zheenbekov signed the Kyrgyz Republic Law on Bioethanol.

The Law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on June 11, 2020.

The Law was adopted in order to improve the environmental and economic situation in the country and reduce the dependence on imported fuel. The Law establishes principles of state policy and legal basis for production and turnover of bioethanol in the Kyrgyz Republic.

The Law will come into force three months after its official publication.

On amendments to the Law “On Protection of Customers’ Rights”

President Sooronbai Zheenbekov signed the Law on Amendments to the Law on Protection of Customers’ Rights.

The law was adopted by the Jogorku Kenesh on June 10, 2020.

The Law was adopted in order to improve consumer protection, eliminate gaps in the Law of the Kyrgyz Republic “On Protection of Consumer Rights” and bring its provisions in line with the codes on violations, on misdemeanors, the Criminal Code of the Kyrgyz Republic and the Recommendation of the Eurasian Economic Council “On General Approaches to the Implementation by Member States of the Eurasian Economic Union of a Coordinated Policy in the Sphere of Consumer Rights Protection upon Remote Selling of Goods (Work, Services)”.

The Law comes into force after fifteen days from the date of its official publication.

On temporary measures for the suspension of inspections and preliminary inspections of payment organizations / operators of payment systems / applicants due to the spread of coronavirus infection COVID-19

In order to ensure measures aimed at reducing the risks of spread of coronavirus infection COVID-19 among the employees of the National Bank of the Kyrgyz Republic in the course of their official duties, preliminary inspections related to the field trip within the framework of consideration of issues on licensing of payment organizations and operators of payment systems were temporarily suspended.

Also, since July 1, 2020 inspections of payment organizations and payment system operators have been temporarily suspended, except for cases requiring urgent response in the payment system.

The Resolution enters into force on the date of its official publication and is valid until the respective decision of the Board of the National Bank of the Kyrgyz Republic is made.

On temporary measures for the suspension of inspections of commercial banks and non-banking finance-credit organizations

For the purpose of minimizing the risk of the spread of coronavirus infection COVID-19 among the employees of the National Bank, while performing their official duties related to supervision and licensing, inspections of commercial banks, non-bank financial and credit organizations, guarantee fund, specialized financial and credit organization, exchange and credit bureaus, including those requested by third parties, shall be temporarily suspended.

In case of stabilization of the situation in the country, the National Bank of the Kyrgyz Republic may initiate respective inspections of the premises of exchange bureaus in order to make up for licensing and procedural measures.

The Resolution shall come into effect from the date of its official publication and shall be valid until the respective decision of the Board of the National Bank is made.