On Amendments to Some Legislative Acts of the Kyrgyz Republic (the laws of the Kyrgyz Republic “On Subsoil” and “On Production Sharing Agreements in Subsoil Use”)
This Law is aimed at improving legislation in the field of regulating relations arising from the use of subsoil between the state and individuals and legal entities, investors.
It is noted that the subsoil is the exclusive property of the Kyrgyz Republic, is used as the basis of life and activity of the people of Kyrgyzstan and is under special protection of the state.
In this regard, in order to ensure economic interests, as well as for the further economic growth of Kyrgyzstan, this Law provides that a legal or natural person, including a foreign one, recognized as the winner of an auction or tender for granting the right to use large and medium-sized gold deposits, is obliged to create in the Kyrgyz Republic, a legal entity with an obligatory share participation of the state of at least 30 percent in order to obtain a license for the right to use subsoil.
In accordance with the Law, the right to use subsoil is granted by decision of the Cabinet of Ministers of the Kyrgyz Republic only to economic entities and state enterprises that have at least two thirds of the state’s participation in the authorized capital.
All types of subsoil use rights are subject to licensing, except for:
– rights to use subsoil under a concession agreement;
– state registration.
In addition, the said Law establishes that during the division of production, the share of the state in profitable production should be at least 30 percent.
On approval of the procedure for providing guarantees to subjects of the national economy
In order to implement anti-crisis measures aimed at ensuring the national and food security of the country by providing support to the subjects of the national economy, the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated June 20, 2022 No. economy.
According to the Procedure, the procedure for the formation of a list of subjects of the national economy for the Fund to provide a guarantee to ensure the fulfillment of obligations to financial and credit organizations is carried out by the authorized state body for economic forecasting. The list of entities recommended for providing a guarantee is compiled by the authorized body in accordance with the criteria specified in the Procedure.
The Decree comes into force from the day of its official publication.
On Approval of the Procedure for Identification of Mobile Communication Devices
In pursuance of the provisions of the Law of the Kyrgyz Republic “On Electric and Postal Communications”, which determine the procedure for identifying mobile communication devices operating and imported into the territory of the Kyrgyz Republic, by Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated May 31, 2022 No. 287, the Procedure for organizing the State system for identifying communication devices and identifying mobile communication devices was approved , as well as devices used for data transmission.
The procedure defines the procedures for identification and authenticity of the international unique identification code (IMEI code) of mobile communication devices operating and imported into the territory of the Kyrgyz Republic, as well as devices used for data transmission, organization of the State System for Identification of Communication Devices. The procedure does not apply to subscribers using international roaming services in the territory of the Kyrgyz Republic (receiving services in the networks of mobile operators of the Kyrgyz Republic using a SIM card of a foreign telecom operator).
On determination of the procedure for procurement by state and municipal enterprises
In order to streamline the procurement system of state, municipal enterprises and business entities with a state share of participation, the Cabinet of Ministers of the Kyrgyz Republic in its Ruling dated June 10, 2022 No.30 approved the standard procedure for organizing and carrying out purchases by state and municipal enterprises, business entities where 50 percent or more of the share in the authorized capital belongs to the state, including their subsidiaries, which determines the framework provisions for the organization and procurement of goods, works and services by these entities.
It has been established that the rules for organizing and carrying out procurement are determined by the internal documents of these entities and are subject to approval.
On the ratification of the Protocol on Amendments to the Treaty on the Eurasian Economic Union on May 29, 2014, signed on February 8, 2021 in Moscow
The Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed on February 8, 2021 in Moscow, provides for amendments to the Protocol on the procedure for collecting indirect taxes and the mechanism for monitoring their payment when exporting and importing goods, performing work, provision of services
The protocol was ratified by the Law of the Kyrgyz Republic dated June 6, 2022 No. 40.
On Amendments to the Law of the Kyrgyz Republic “On the Licensing and Permit System in the Kyrgyz Republic”
The Law of the Kyrgyz Republic dated June 6, 2022 No. 42 amended the Law of the Kyrgyz Republic “On the licensing and permit system in the Kyrgyz Republic”. A new amendment to the law defines the production (manufacturing) and sale of veterinary medicinal products as a type of activity subject to licensing.
On amendments to certain legislative acts in connection with the adoption of the Law of the Kyrgyz Republic “On Mediation”
The Law of the Kyrgyz Republic of June 6, 2022 No. 41 amended the Civil Code of the Kyrgyz Republic and the Labor Code of the Kyrgyz Republic.
The law provides that in addition to the existing ways of considering individual labor disputes, the settlement of a labor dispute can also be carried out through the use of the mediation procedure in the manner prescribed by the legislation in the field of mediation.
In the Civil Code of the Kyrgyz Republic, the interruption of the statute of limitation period became possible also if the parties mutually agreed to resolve the dispute through out-of-court mediation in accordance with the legislation in the field of mediation.
On Amendments to the Criminal Code of the Kyrgyz Republic and the Code on Offenses of the Kyrgyz Republic
The adopted Law is aimed at strengthening the fight against smuggling – illegal import and export of goods and vehicles outside checkpoints and other established places for the movement of goods, as well as establishing effective, proportionate and dissuasive sanctions for the commission of the above illegal acts.
The Criminal Code of the Kyrgyz Republic includes a rule that vehicles used to transport contraband items in the above ways are subject to confiscation.