Legal News

Legal News Review from Grata International
(October 2019)

Table of contents:

  • The Regulation on the Procedure for Accounting and Control of Oil and Petroleum Products in the Kyrgyz Republic was approved
  • A temporary ban on the import of certain types of oil and petroleum products via vehicles into the territory of the Republic was introduced
  • Rules for registration of contracts related to industrial property objects, selective breeding achievements were approved
  • The Regulation on the procedure for granting land plots owned by the state has been approved
  • Kyrgyzstan entered the top 20 countries-reformers under the Doing Business 2020
  • On the implementation of virtual CCM

The Regulation on the Procedure for Accounting and Control of Oil and Petroleum Products in the Kyrgyz Republic was approved

In order to strengthen control over import, storage, production and sale of oil products in the Kyrgyz Republic, the Resolution approved the Regulation on the Procedure for Accounting and Control of Oil and Oil Products in the Kyrgyz Republic, Technical Requirements for the Electronic System of Accounting and Control of Oil and Oil Products, as well as the form of the electronic bill of lading for oil products.

It is established that business entities engaged in the import, storage, production and sale of petroleum products are obliged to introduce and start using the automated electronic system of petroleum products supply from January 1, 2020.

Entrepreneurs engaged in retail sale of petroleum products at filling stations are obliged to use cash registers with the function of printing on the cash register receipt information on the sold fuel type, quantity, price and total price, indicating the code of the Foreign Economic Activity Commodity Nomenclature of the EAEU for each fuel name, starting from January 1, 2020.

The resolution comes into force after fifteen days from the date of official publication. Published in Erkin Too newspaper on September 24, 2019, N 80.

A temporary ban on the import of certain types of oil and petroleum products via vehicles into the territory of the Republic was introduced

A temporary ban on the import of certain types of oil and petroleum products via motor vehicles into the Kyrgyz Republic has been introduced. The relevant decision was signed by the Prime Minister of the Kyrgyz Republic Mukhammedkaly Abylgaziev.

The temporary ban on import of certain types of oil and petroleum products by motor transport is aimed at reducing the shadow economy and import of oil products into the country without proper accounting and registration.

Rules for registration of contracts related to industrial property objects, selective breeding achievements were approved

The Rules establish the procedure for registration of an agreement on the assignment of a security document for an industrial property object, selective breeding achievement, license agreement on granting the right to use them, an agreement on the pledge of the exclusive right of an industrial property object and a technology transfer agreement.

The provisions of the mentioned Rules also apply when registering a sublicense agreement.

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

The Regulation on the procedure for granting land plots owned by the state has been approved

The approved Regulation determines the procedure for granting land plots owned by the state for use to individuals and legal entities, as well as state and municipal land users.

Individuals and legal entities, as well as state and municipal land users may be provided with land plots owned by the state for temporary use.

Temporary use shall be granted to land plots classified as follows: lands of residential settlements; lands of industry, transport, communications, energy, defense and other purposes; lands of agricultural purpose, except for lands of the State Fund of Agricultural Lands and Pastures.

Physical and legal entities shall be provided with land plots owned by the state by way of auctions for the right to conclude an agreement on the lease of a land plot in accordance with this Regulation.

Alienation of the right of temporary use of a land plot of the state land user, its pledge, sublease, as well as implementation of other transactions aimed directly or indirectly at encumbrance of the land plot with the rights of third parties shall not be allowed.

The resolution comes into force upon the expiration of ten days from the date of official publication.

Kyrgyzstan entered the top 20 countries-reformers under the Doing Business 2020

Kyrgyzstan was included in the top 20 countries-reformers of the Doing Business 2020 rating published by the World Bank.

According to the World Bank, the Kyrgyz Republic has improved its performance on the following indicators: “Connections to the electricity grid”, “Taxation” and “Obtaining a credit”.

In particular, the indicator of ” Connections to the electricity grid ” has improved due to increased control over disconnections and modernization of infrastructure.

The study also noted the reforms of the ” Obtaining a credit ” and “Taxation” indicator by improving the system of credit bureaus and simplifying reporting and tax payment procedures.

In the top 20 reformers’ countries, the World Bank is selecting countries that have implemented reforms to facilitate doing business in three or more of the 10 areas included in this year’s Ease of Doing Business Index. The regulatory changes that make it difficult to do business are subtracted from those that make it easier to do business. The choice of the most improved economies is determined by the most significant improvements in ease of doing business among those who have implemented at least three reforms.

The official publication and presentation of the Doing Business 2020 rating will be presented at the end of October 2019.

https://www.doingbusiness.org/en/reforms/top-20-reformers-in-db2020

For reference:

In order to further implement the reforms, the Government of the Kyrgyz Republic has adopted and is in the process of implementing the Action Plan of the Government of the Kyrgyz Republic to improve the position of the Kyrgyz Republic in the ranking “Doing Business” for 2019-2020.

According to the National Development Strategy of the Kyrgyz Republic for 2018-2040, by 2023 Kyrgyzstan should be among the 40 leading countries in the world in the ranking “Doing Business”.

At the end of 2018, the Kyrgyz Republic rose to 70th place out of 190 countries, improving its performance by 7 positions compared to 2017.

The Doing Business project allows assessing the legislation related to business regulation and its application in 190 countries.

On the implementation of virtual cash register

In order to improve the online cash register, the Law of the Kyrgyz Republic No. 39 of April 13, 2018 introduced a change to the Tax Code of the Kyrgyz Republic in terms of the definition of a “virtual cash register “, which provides for the use of smartphones or computers along with the hardware cash register after the installation of the relevant software.

Within the framework of the work on the introduction of the electronic system of fiscal procedures fiscal procedures and in order to implement Article 109 of the Tax Code of the Kyrgyz Republic, the Resolution of the Government of the Kyrgyz Republic “On the pilot (pilot) project on the use of virtual cash registers with the function of data transmission in real time” dated August 26, 2019 № 426 was adopted.

The pilot project has been carried out since September 1, 2019.

In accordance with the Resolution of the Government of the Kyrgyz Republic No. 324 dated June 15, 2016, the cash register-online was introduced. All costs of switching to cash registers that met the requirements of the tax authorities are borne by entrepreneurs. The minimum cost of a hardware cash register capable of transmitting data online is over 10,000 soms, which in the current economic crisis is an onerous burden for businesses, especially for small and medium-sized entrepreneurs, as well as entrepreneurs in the regions.

In this connection, in order to support business, in particular, small and medium businesses, work is being done to implement a virtual cash register (software implemented in the form of a client application on Android, iOS and Windows operating systems), which is a new direction and a cheap alternative to the hardware cash register online.

For the period of the pilot project implementation by virtual cash register operators, the authorized tax authority will provide virtual cash registers free of charge.