Legal News

Legal News Review from Grata International
(September 2019)

Table of contents:

  • Adoption of the Law of the Kyrgyz Republic “On Official Statistics”
  • Agreement on accession of the Kyrgyz Republic to the international Kimberley Process Certification Scheme has been expressed
  • Adoption of the Law on Public-Private Partnership
  • Changes have been made to certain legal acts in the field of renewable energy
  • Appointment of the Business Ombudsman of the Kyrgyz Republic
  • A new discount rate of the National Bank of the Kyrgyz Republic has been established

Adoption of the Law of the Kyrgyz Republic “On Official Statistics”

The President of the Kyrgyz Republic Sooronbai Zheenbekov signed the Law “On official statistics”.

The Law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on May 29, 2019.

The purpose of the Law is to improve the legislation of the Kyrgyz Republic on statistics, bring it into full compliance with the fundamental principles of the UN in the field of official statistics, ensure the effective functioning of the national statistical system of the Kyrgyz Republic, produce high-quality official statistics and strengthen public confidence in official statistics.

The Law regulates the organization and functioning of the national statistical system, establishes the legal framework for the development, production and dissemination of official statistics in the Kyrgyz Republic.

The Law “On official statistics” comes into force after 1 year from the date of official publication. From the date of entry into force of the new Law the Law of the Kyrgyz Republic No. 40 “On State Statistics” dated March 26, 2007 will cease to be in force.

Agreement on accession of the Kyrgyz Republic to the international Kimberley Process Certification Scheme has been expressed

This resolution expresses consent of the Kyrgyz Republic to join the international Kimberley Process Certification Scheme.

The Rules for Import and Export of Rough Natural Diamonds to and from the Kyrgyz Republic were approved in consideration of the international Kimberley Process Certification Scheme.

The Department of Precious Metals under the Ministry of Finance of the Kyrgyz Republic and the State Customs Service under the Government of the Kyrgyz Republic are instructed, within the limits of their authority, to exercise state control over the import into and export from the Kyrgyz Republic of rough diamonds in consideration of the international Kimberley Process Certification Scheme.

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

Adoption of the Law on Public-Private Partnership

The Law was adopted in order to simplify the procedures and reduce the time frame in the process of preparation of public-private partnership projects.

Significant differences from the current Law “On Public-Private Partnership” are the provisions concerning the conceptual framework, procedures for preparing a PPP project and selection of a private partner, and the timing of the tender.

In order to simplify the PPP project preparation procedures and selection of a private partner, the stage of search and initiation of a PPP project is excluded. The public partner immediately starts the PPP project preparation stage.

In order to facilitate the procedure of approval of a PPP project by the authorized state body, the powers of the authorized state body for approval of PPP projects are replaced by the obligation of the state partner to notify the authorized state body of the preparation of the PPP project.

The authority of the public authority on financial risk management to approve tender documents has been replaced by the authority to approve tender documents only if the PPP project receives funding from the state budget.

In addition, provisions were introduced to specify that the tender procedures for selecting a private partner and implementing the PPP agreement are carried out in accordance with the legislation of the Kyrgyz Republic on PPPs, without the application of the Law of the Kyrgyz Republic “On Public Procurement”.

The law comes into force after 3 months from the date of official publication.

Published in Erkin Too newspaper on July 26, 2019, N 62.

Changes have been made to certain legal acts in the field of renewable energy

Profit from activities of new producers of electric and thermal energy, gas and renewable fuel in gaseous state, liquid biofuel obtained as a result of use of renewable energy sources within 5 years from the moment of commissioning of property objects of power plants on the basis of use of renewable energy sources is exempt from taxation.

Specialized goods and equipment intended for construction of power plants based on renewable energy sources imported to the Kyrgyz Republic are exempt from VAT.

The law comes into force after 15 days from the date of official publication. Published in the newspaper “Erkin Too” on July 30, 2019 N 63.

Appointment of the Business Ombudsman of the Kyrgyz Republic

Robin Ord-Smith has been appointed by the Government of the Kyrgyz Republic by the Resolution No. 297-r dated 13 August 2019 as the authorized person to protect the rights, freedoms and legitimate interests of business entities (the Business Ombudsman) of the Kyrgyz Republic.

A new discount rate of the National Bank of the Kyrgyz Republic has been established

Resolution of the Board of the National Bank of the Kyrgyz Republic No. 2019-P-07/44-2-(MPE) dated August 26, 2019 sets the new discount rate of the National Bank of the Kyrgyz Republic at 4.25 percent per annum.

The Resolution will come into effect on 27 August 2019.