Legal News

Legal Grata International (April 2022)

Table of contents:

  • On the adoption of the Law of the Kyrgyz Republic “On Public Procurement”
  • On the adoption of a number of regulations concerning the introduction and use of cash registers
  • On measures to implement the requirements of Articles 126, 326-329 of the Tax Code of the Kyrgyz Republic
  • On determining the mechanism for traceability of goods on the territory of the Kyrgyz Republic
  • On measures to implement Articles 67, 330 of the Tax Code of the Kyrgyz Republic
  • On signing the Decree “On measures to develop a creative economy and create conditions for the progressive development of the Kyrgyz Republic”
  • On Amendments to the Regulation “On Licensing the Activities of Payment Organizations and Payment System Operators”

 

On the adoption of the Law of the Kyrgyz Republic “On Public Procurement”

The law is aimed at simplifying public procurement procedures and minimizing corruption, improving the welfare of the nation through sustainable development by regulating relations related to the functioning of procuring organizations in order to create conditions for achieving maximum benefits through efficient and economical use of resources.

On the adoption of a number of regulations concerning the introduction and use of cash registers

In order to ensure the improvement of the use of cash registers as part of the introduction of an electronic system for the fiscalization of tax procedures and the development of a tax administration system based on the results of the pilot project, Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 8, 2022 No. 193 approved:

– Procedure for registration and use of cash registers;

– A list of entities that, due to the specifics of their activities or location, can carry out cash settlements without the use of cash registers;

– The procedure for issuing a technical opinion for cash registers and the formation of a register of cash registers;

– Model rules for the operation of cash registers;

– Requirements for the operator of fiscal data;

– Requirements for the maintenance centers of cash registers.

It was established that from May 1, 2022, cash registers that do not meet the Technical Requirements for cash registers with the function of working with a fiscal module approved by the authorized tax authority are not subject to registration in the territory of the Kyrgyz Republic. Entities that have previously registered and use these cash registers have the right to use them until December 31, 2022.

On measures to implement the requirements of Articles 126, 326-329 of the Tax Code of the Kyrgyz Republic

For the purpose of practical implementation of the Articles 126, 326-329 of the Tax Code of the Kyrgyz Republic, Article 4 of the Law of the Kyrgyz Republic “On Enactment of the Tax Code of the Kyrgyz Republic”, The Cabinet of Ministers of the Kyrgyz Republic approved the following Provisions:

1) Regulations on the procedure for reimbursement, refund and write-off of excess value added tax amounts formed as of December 31, 2021, in accordance with Appendix 1;

2) Regulations on the procedure for conducting a desk audit of the validity and amount of the amount of excess value added tax, the procedure for reimbursement and return of the amount of excess value added tax, according to the Appendix

It was also established that the amounts of excess value added tax, for which decisions were made by the tax authority on the reimbursement and refund of value added tax as of December 31, 2021, but not executed by the authorized state body in the field of finance due to lack of funds in the republican budget , are subject to compensation and (or) return at the expense of the republican budget in 2022.

On determining the mechanism for traceability of goods on the territory of the Kyrgyz Republic

The mechanism of traceability of goods in the territory of the Kyrgyz Republic is determined

In order to implement the Agreement on the mechanism for the traceability of goods imported into the customs territory of the EAEU, as well as to strengthen control over the circulation of goods in the territory of the Kyrgyz Republic, including oil products and goods subject to labeling with means of identification, Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 14, 2022 No. 220 approved The procedure for the formation and circulation of an electronic waybill, the Regulations on the procedure for accounting and control of oil and oil products in the territory of the Kyrgyz Republic, as

well as the Technical requirements for the electronic system for accounting and control of oil and oil products.

The Decree establishes the deadlines for different categories of taxpayers, in which they are required to register as a participant in the information system of the electronic consignment note. Until the date of introduction of the mandatory use of an electronic consignment note, a taxpayer may register as a participant in the information system on a voluntary basis.

The Decree comes into force on May 15, 2022.

On measures to implement Articles 67, 330 of the Tax Code of the Kyrgyz Republic

For the purpose of practical implement of the Articles 67, 330 of the Tax Code of the Kyrgyz Republic, Article 18 of the Law of the Kyrgyz Republic “On Enactment of the Tax Code of the Kyrgyz Republic”, the Cabinet of Ministers of the Kyrgyz Republic approved:

1) The procedure for accounting for foreign currency received from a foreign organization that does not have signs of a permanent establishment in the Kyrgyz Republic, in accordance with Appendix 1;

2) Regulations on the procedure and conditions for the return of value added tax in accordance with the international obligations of the Kyrgyz Republic in accordance with Appendix 2.

On signing the Decree “On measures to develop a creative economy and create conditions for the progressive development of the Kyrgyz Republic”

IIn order to support and increase the creative (creative) and intellectual potential of a person, develop innovative processes in the economy, create new opportunities for entrepreneurs and jobs, diversify the economy, increase export earnings, labor productivity and create a platform for advanced developments, by Decree of the President of the

Kyrgyz Republic dated On April 21, 2022, UE No. 123, the creative economy was identified as one of the priority areas of the state policy of the Kyrgyz Republic.

The decision was made to form the basis for the development of the innovative direction of the country’s economy, allowing to promote the creative industries sector as a new sector of the economy of the future, making a significant contribution to the socio-economic development of the Kyrgyz Republic, in connection with which the Cabinet of Ministers of the Kyrgyz Republic was instructed to approve the Concept for the Development of the Creative Economy of the Kyrgyz Republic, determine the classification and create a Creative Industries Park.

The Decree enters into force from the day of its official publication.

On Amendments to the Regulation “On Licensing the Activities of Payment Organizations and Payment System Operators”

On April 27, 2022, the Board of the National Bank of the Kyrgyz Republic adopted the Resolution of the Board of the National Bank No. 2022-P-14/27-3-(PS) “On Amendments to Certain Regulatory Legal Acts of the National Bank of the Kyrgyz Republic”. Changes were made for a more accurate interpretation by introducing changes, mainly of a technical nature, to the Regulation “On licensing the activities of payment organizations and payment system operators” dated September 2, 2019 No. 2019-P-14/46-1-(PS)”

It is indicated that the Payment System Operator / Payment Organization has the right to engage only in those types of activities that are specified in the license, as well as provide consulting / information services and carry out other activities that are related to the main one or are necessary to ensure its main activity.

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