Legal News

Legal News Review from Grata International
(May 2019)

Table of contents:

  • State Agency of Architecture, Construction and Housing and Communal Services under the Government of the Kyrgyz Republic approved regulatory acts in the field of construction
  • The Law «On Customs Regulation» was signed
  • Amendments have been introduced to the Laws of the Kyrgyz Republic “On Export Control” and “On the licensing and authorization system in the Kyrgyz Republic”
  • Regulations governing the implementation of labor activities by foreigners / stateless persons within the territory of the Kyrgyz Republic were introduced along with the procedure for the implementation of the employment of citizens of the Kyrgyz Republic abroad
  • Cancellation of moratorium on amendments to the Criminal Code, Code of Criminal Procedure, PEC, Code of Misconduct, Code of Violations
  • Tax regime in free economic zones in the Kyrgyz Republic was revised
  • The draft law of the Kyrgyz Republic “On the prohibition of activities related to geological exploration, exploration, development of uranium and thorium deposits in the Kyrgyz Republic” is submitted for public discussion
  • Amendments have been introduced to the Law “On Securities Market”

State Agency of Architecture, Construction and Housing and Communal Services under the Government of the Kyrgyz Republic approved regulatory acts in the field of construction

The State Agency for Architecture, Construction and Housing and Communal Services under the Government of the Kyrgyz Republic (Gosstroy) considered several regulatory acts in construction, approved and put into effect by Gosstroy.

Over the first four months of 2019, Gosstroy has issued 199 certificates of product compliance with the safety requirements established by technical regulations. The issued certificates are included in the Unified State Register of Issued Certificates of Conformity.

According to the State Expertise Department of Gosstroy, the procedure for obtaining permits for construction has been simplified. “Single Window” has been re-introduced in Gosstroy in the new format. The amendments on fire, environmental, industrial and other examinations have been introduced to the regulations. It takes about 170 working days to receive them, which negatively affects the attraction of investments.

Construction companies can now hand over all documents to the single window, and Gosstroy experts will simultaneously conduct an examination. After that, the applicant can receive documents. As a result, the deadline is reduced to 30 days, Gosstroy reported.

The new system will eliminate contacts between officials and citizens, which tremendously helps to reduce the corruption component.

The Law «On Customs Regulation» was signed

On April 29, 2019, President of the Kyrgyz Republic Sooronbai Jeenbekov signed the Law of the Kyrgyz Republic “On Customs Regulation”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on March 14, 2019.

The purpose of the law is to regulate:

– legal relations in the field of customs, the regulation of which according to the Customs Code of the Eurasian Economic Union (hereinafter – the EAEU) is carried out in accordance with the national laws of the EAEU member states;

– customs legal relations that are not regulated by the Customs Code of the EAEU, international treaties and acts in the field of customs regulation.

The law provides legal regulation of relations connected with the establishment of procedures and conditions for the movement of goods across the customs border of the EAEU in the Kyrgyz Republic, their location and use in the customs territory of the EAEU in the Kyrgyz Republic or outside its borders, the procedure for performing customs operations related to the arrival of goods on the customs territory , their departure from the customs territory, temporary storage of goods, their customs declaration and release, other customs operations, the procedure for paying customs payments, special, anti-dumping, countervailing duties and customs control, as well as the regulation of legal relations between customs authorities and persons exercising the rights of possession, use and (or) disposal of goods in the customs territory or outside.

With the entry into force of the adopted Law, the current Law of the Kyrgyz Republic “On Customs Regulation in the Kyrgyz Republic” dated December 31, 2014 No. 184 shall no longer be valid.

The law enters into force upon the expiry of 15 days after the date of official publication.

Amendments have been introduced to the Laws of the Kyrgyz Republic “On Export Control” and “On the licensing and authorization system in the Kyrgyz Republic”

In order to bring regulatory legal acts in line with international requirements, to create a more efficient export control system, amendments were made to the Law of the Kyrgyz Republic “On Export Control” and the Law of the Kyrgyz Republic “On the licensing and authorization system in the Kyrgyz Republic”.

The law comes into force after 6 months from the date of official publication.

Published in the newspaper “Erkin Too” dated May 3, 2019 N 36.

Regulations governing the implementation of labor activities by foreigners / stateless persons within the territory of the Kyrgyz Republic were introduced along with the procedure for the implementation of the employment of citizens of the Kyrgyz Republic abroad

In accordance with the adopted resolution, the Regulations on the Procedure for the Implementation of Labor Activities by Foreign Citizens and Stateless Persons within the Territory of the Kyrgyz Republic and the Regulations on the Procedure for Employment Activities of Citizens of the Kyrgyz Republic Abroad were approved.

In turn, the Regulation on the order of labor activity by foreign citizens and stateless persons within the territory of the Kyrgyz Republic determines the procedure and conditions for the implementation of labor activity by foreign citizens and stateless persons during their stay in the territory of the Kyrgyz Republic in order to carry out labor activities and the Regulation on the employment of citizens of the Kyrgyz Republic abroad establishes the procedure for organizing the activities of legal entities and individuals to assist in employment of citizens of the Kyrgyz Republic abroad.

The resolution comes into force upon the expiry of 15 days from the date of its official publication.

Cancellation of moratorium on amendments to the Criminal Code, Code of Criminal Procedure, PEC, Code of Misconduct, Code of Violations canceled

In order to further implement judicial and legal reform, the Resolution of the Government of the Kyrgyz Republic on the introduction of a temporary moratorium on amendments to the Criminal Code, the Code on Misconduct, the Code on Violations, the Criminal Procedure Code, the Criminal Penitentiary Code dated October 4, 2018 No. 457 was declared invalid.

The decree comes into force from the date of official publication.

Amendments were introduced to the tax regime in free economic zones in the Kyrgyz Republic

Supply of goods, works and services intended for use in production from the territory of the Kyrgyz Republic by a subject that is not a subject of the free economic zones (FEZ) to the subject of the FEZ is subject to VAT at a rate of 0 percent.

The law comes into force on January 1, 2019.

The draft law of the Kyrgyz Republic “On the prohibition of activities related to geological exploration, exploration, development of uranium and thorium deposits in the Kyrgyz Republic” is submitted for public discussion

From April 26, 2019, the draft law of the Kyrgyz Republic “On the prohibition of activities related to geological exploration, exploration, development of uranium and thorium deposits in the Kyrgyz Republic” is submitted for public discussion.

The initiators of this draft of law were the deputies of Jogorku Kenesh, A. Sulaimanov, A. Shykmamatov, K. Kerezbekov.

According to the draft law, the following is proposed:

“To impose a ban within the territory of the Kyrgyz Republic on activities related to geological exploration, exploration, development of uranium and thorium deposits, as well as to prohibit the transfer of radioactive tailings to individuals and legal entities for further development and maintenance.”

The draft law was initiated due to the public discussion regarding development of the Tash-Bulak deposit of the Kyzyl-Ompolsky group of uranium-thorianite deposits. It was planned to process the minerals at the Kara-Balta mining plant. However, Kyrgyz citizens went against the project. Massive protests against the further development of the deposit took place in Bishkek and Balykchi cities.

Amendments have been introduced to the Law “On Securities Market”

The President of the Kyrgyz Republic, Sooronbay Jeenbekov, signed the Law of the Kyrgyz Republic “On introducing amendments to the Law of the Kyrgyz Republic “On Securities Market”.

The law was adopted by Jogorku Kenesh of the Kyrgyz Republic on April 4, 2019.

The purpose of the Law is the improvement of the legislation of the Kyrgyz Republic on the securities market and the implementation of the provision stipulated by part 15 of Article 123 of the Criminal Procedure Code of the Kyrgyz Republic.

The Law supplemented the Law of the Kyrgyz Republic “On Securities Market” dated July 24, 2009 No. 251 with a new article 392, defining the procedure for taking actions to redeem securities that have been seized, to pay income due to such securities, convert them, exchange them or take other actions with them.

According to the adopted Law, when an arrest is imposed on securities, their conversion, exchange, redemption and other actions with them are suspended until the decision to impose an arrest is canceled. If upon imposing a seizure of securities, a suspect or an accused proves to be the owner of the securities, the payment of income to the proprietor is suspended until the decision on imposing the arrest is canceled.

The law enters into force upon expiry of 15 days after the date of official publication.