Legal News

Legal Grata International
(June 2021)

Table of contents:

  • On supplementing the list of licensed types of activities
  • On the introduction of a temporary ban (moratorium) on inspections of public-private partnership projects conducted by law enforcement agencies
  • On the establishment of a zero VAT rate on certain food products
  • On Amendments to the Code of the Kyrgyz Republic on Non-Tax Income
  • On determining authorized bodies for the implementation of state control over compliance with the requirements of the technical regulations of the EAEU
  • On the introduction of a temporary ban on the export (export) of certain types of agricultural goods from the Kyrgyz Republic
  • On amendments to the Regulation “On licensing the activities of payment organizations and payment System operators”
  • On amendments to the Regulation “On the regulation of the activities of payment organizations and payment System operators”

On supplementing the list of licensed types of activities

According to amendments to the Law of the Kyrgyz Republic “On Licensing in the Kyrgyz Republic,” introduced by Law No. 72 dated 18 June 2021, not only transportation (including cross-border), but also storage, use, disposal of radioactive materials, substances and sources of ionizing radiation, as well as waste of toxic and radioactive substances are now subject to licensing.

The law also stipulates that import, export, and transportation of radioactive materials and substances on the territory of the Kyrgyz Republic require permits.

The document is not available in public domain

On the introduction of a temporary ban (moratorium) on inspections of public-private partnership projects conducted by law enforcement agencies

In order to create favourable conditions for the development of public-private partnership, to improve the investment climate, to support economic activities of investors, to ensure their legal protection, the elimination of unjustified and unnecessary interference of law enforcement agencies in the activities of private and public partners, the Decree of Cabinet of Ministers dated 21 June 2021 № 36 introduced a temporary ban (moratorium) on checks carried out by law enforcement agencies, private and public partners from 15 June 2021 to 31 December 2022.

The exceptions were inspections carried out in criminal, civil and administrative proceedings; inspections by the Customs Service with respect to goods under customs control and inspections on issues related to preventing the spread of the COVID-19 in the Kyrgyz Republic.

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

The document is not available in public domain

On the establishment of a zero VAT rate on certain food products

In order to stabilize market prices for food products, support business entities importing sugar, vegetable oil, farm animals into the Kyrgyz Republic, the Decree of the Cabinet of Ministers of the Kyrgyz Republic dated 24 June 2021 № 42 on these goods sets VAT rate of 0% for taxable supplies and taxable imports and defines the period of zero VAT rate.

The decree enters into force from 1 July 2021.

On amendments to the Code of the Kyrgyz Republic on Non-Tax Income

The purpose of this Law is to increase the efficiency of using the funds of Regional Development Funds formed at the expense of deductions of individuals or legal entities engaged in the development (extraction) of mineral deposits by directing them, including for the implementation of targeted activities in accordance with the programs of socio-economic development of territories.

The adopted Law also eliminates contradictions between the norms of Article 34 of the Budget Code and chapter 46 of the Code on Non-Tax Revenues.

The law comes into force on 12 June, 2021

On determining authorized bodies for the implementation of state control over compliance with the requirements of the technical regulations of the EAEU

By the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated 21 June, 2021 No. 34, the Ministry of Emergency Situations of the Kyrgyz Republic, the Ministry of Transport and Communications of the Kyrgyz Republic, the State Inspectorate for Energy, Mining Supervision and Industrial Safety, the State Inspectorate for Veterinary and Phytosanitary Safety and the Department of Disease Prevention and State Sanitary and Epidemiological Supervision are defined as authorized state bodies for state control (supervision) over compliance with the requirements of the technical regulations of the Eurasian Economic Union with distribution by control areas.

The authorized state bodies are instructed to submit to the Ministry of Economy and Finance of the Kyrgyz Republic information on the availability of products that do not meet the requirements of the technical regulations of the EAEU on the territory of the Kyrgyz Republic, as well as the results of the analysis of certificates of conformity or declarations of conformity verified during state control (supervision) for their authenticity and compliance with the procedures for confirming compliance, testing, control, as well as procedures for accepting declarations.

The Resolution comes into force on 13 July, 2021.

The document is not available in public domain

On the introduction of a temporary ban on the export (export) of certain types of agricultural goods from the Kyrgyz Republic

Resolution of the Cabinet of Ministers of the Kyrgyz Republic No. 41 of 23 June, 2021 introduced a temporary ban, for a period of six months, on the export (export) from the Kyrgyz Republic (with the exception of re-export, transit, as well as humanitarian assistance provided by the Cabinet of Ministers of the Kyrgyz Republic of certain types of agricultural goods outside the customs territory of the Kyrgyz Republic and outside the customs territory of the EAEU. The resolution approved a list of certain types of agricultural goods for which a temporary ban on export is established.

It is established that a temporary ban is imposed after six days from the date of entry into force of the resolution.

The Resolution comes into force on 2 July, 2021.

On amendments to the Regulation “On licensing the activities of payment organizations and payment System operators”

The Resolution of the Board of the National Bank of the Kyrgyz Republic “On Amendments to the Resolution of the NBKR Board “On Approval of the Regulation” On Licensing the Activities of Payment Organizations and Payment System Operators ” dated 2 September, 2019 No. 2019-P-14/46-1-(PS) has developed in order to detail some of the requirements of the Regulation “On Licensing the activities of payment Organizations and payment System Operators”, their application and execution, including the procedure for issuing a license when introducing emergency/state of emergency regimes.

The Resolution comes into force on 28 June, 2021.

On amendments to the Regulation “On the regulation of the activities of payment organizations and payment System operators”

The Resolution of the Board of the National Bank of the Kyrgyz Republic “On Amendments to the Resolution of the NBKR Board “On Approval of the Regulation “On Regulation of the Activities of Payment Organizations and Payment System Operators” dated September 30, 2019-P-14/50-2-(PS)has developed in order to more clearly interpret, apply and fulfill certain requirements of the Regulation “On regulating the activities of Payment Organizations and Payment System Operators”, as well as to expand the opportunities for payment organizations to accept taxes, fees and payments to be credited to a Single Treasury Account by introducing additional insurance instruments when concluding contracts with state bodies.

The Resolution comes into force on 28 June, 2021.

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