Legal News

Legal News Review from Grata International
(June 2019)

Table of contents:

  • A ban on research and development of radioactive elements (uranium)
  • On May 29, the deputies of the Jogorku Kenesh of the Kyrgyz Republic approved the draft law “On Public-Private Partnership”
  • The State Committee for Information Technologies and Communications sumbits a draft regulatory legal act on licensing activities on the use of the radio frequency spectrum for public discussion
  • The EAEU technical regulations on oil safety will come into force from July 1, 2019

A ban on research and development of radioactive elements (uranium)

Since June 2, 2019, a ban has been imposed on carrying out works on license areas provided for the purpose of geological study and the development of radioactive elements (uranium).

Prime Minister of the Kyrgyz Republic Mukhammedkaly Abylgaziyev signed a decree according to which until legislative regulation, pursuant to the decree of the Jogorku Kenesh of the Kyrgyz Republic “On measures to ensure radiation safety of the population of the Kyrgyz Republic” dated May 2, 2019 No. 3027-VI, it is prohibited to work in license areas provided for the purpose of geological study and development of radioactive elements (uranium).

The ban does not apply to activities for the rehabilitation of tailings and dumps of radioactive elements (uranium).

On May 29, the deputies of the Jogorku Kenesh of the Kyrgyz Republic approved the draft law “On Public-Private Partnership”

Was approved A new version of the law “On Public-Private Partnership” in the second reading. The draft law was developed in order to simplify procedures and reduce time periods in the process of preparing public-private partnership projects, selecting a private partner, and reducing the time frame for holding a tender.

“During the discussion of the draft law in the first reading it became known that the current law “On public-private partnership” was adopted in 2009, but it did not work for several years. For its implementation were developed 8 regulatory legal acts, was created a fund for project financing. 17 projects worth $ 166 million have been implemented, including 4 projects in the health sector.

The EAEU technical regulations on oil safety will come into force from July 1, 2019

From July 1, 2019, the technical regulation of the Eurasian Economic Union “On the safety of oil prepared for transportation or use” (EAEU TR 045/2017) will come into force in the Kyrgyz Republic.

The technical regulation applies to oil put into circulation in the domestic market of the EAEU, and does not apply to oil supplied by government order and for export to the external market for the EAEU.

Oil is subject to conformity assessment to be carried out in the form of tests with a quality certificate. Oil testing for compliance with technical regulations should be carried out in company’s own testing laboratory or an accredited testing laboratory included in the Unified Register of Eurasian Conformity Assessment Bodies.

The quality certificate should be issued by the oil producer or the seller (including the importer).

The State Committee for Information Technologies and Communications sumbits a draft regulatory legal act on licensing activities on the use of the radio frequency spectrum for public discussion.

Since May 27, 2019, the State Committee for Information Technologies and Communications of the Kyrgyz Republic has submitted for public discussion a draft Government Regulation “On Amendments to the Regulation of the Government of the Kyrgyz Republic “On Approval of the Regulation on Licensing the Use of the Radio Frequency Spectrum” dated November 17, 2017 No. 754 “.

The purpose of this draft resolution is to establish the conditions for the redistribution of radio frequency bands for various kinds of technologies used in the radio frequency spectrum, as well as to bring the radio frequency bands allocated according to the specification based on the central GSM carrier channels to the integer widths of radio frequency bands and ensuring continuity of the radio frequency bands.

In addition, the draft resolution provides for the Licensor’s decisions to amend its decisions on issuing appropriate licenses for the use of the radio frequency spectrum when redistributing radio frequencies, and also when casting to integer actually occupied widths of radio frequencies.