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LAW OF THE KYRGYZ REPUBLIC

of December 12, 2017 No. 206

About conflict of interest

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 7, 2017

Chapter 1. General provisions

Article 1. Purposes of this Law

This Law determines the organizational and legal basis of management of conflict of interest in activities of persons occupying the state, municipal and provided by this Law other positions and is aimed at providing their activities in public concerns excluding private (private) interest (interest) in case of execution of job responsibilities.

Article 2. Coverage of this Law

1. This Law governs the relations connected with conflict of interest and establishes prohibitions and restrictions in activities of persons specified in article 6 of this Law.

2. The legislation regulations containing in other laws or other regulatory legal acts and concerning coverage of this Law shall correspond to this Law. In case of collisions between this Law and other laws regulations of this Law are applied.

Article 3. Legislation on conflict of interest

The legislation on conflict of interest consists of the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts of the Kyrgyz Republic and come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

Article 4. The basic concepts used in this Law

For realization of the purposes of this Law the following basic concepts are used:

1) the act - the document constituted by authorized state body following the results of implementation of supervision and control within the competence;

2) the affiliate - person corresponding to one or several signs determined by the legislation on public procurements;

3) verification - actions for refining or proper check by authorized persons of the data provided by persons specified in article 6 of this Law for the purpose of identification, prevention and settlement of conflicting interests;

4) diplomatic gift - the gift received in connection with hospitality events, official journeys and other official actions;

5) conflict of interest - the conflict between public legal duties and private (private) interests of persons specified in article 6 of this Law in case of which their private (private) interests influence or can influence accomplishment of job responsibilities by them that brings or can lead to violation of the rights and interests of citizens, the organizations or the states. The conflict of interest can be potential, real and occurred;

6) private (private) interest (interest) - material and/or other benefit, including benefit which person specified in article 6 of this Law for itself and/or close persons as a result of accomplishment of the job responsibilities aims to receive;

7) close persons - in sense of this Law of the spouses/spouse, the father and mother, children including adopted the full brother and the full sister, and also the other persons who are in dependence or on complete care;

8) public interest - interest of society in that persons specified in article 6 of this Law in case of accomplishment of the job responsibilities made impartial and legal decisions;

9) remuneration:

a) transfer of things, including financial resources, to persons specified in article 6 of this Law, and/or the related persons it is non-paid or for the lowered payment;

b) rendering services to persons specified in article 6 of this Law and/or to the related persons is non-paid or for the lowered payment;

10) gift - any property and non-property benefits, including services, assignment of rights, release from the obligation/obligation, refusal of any right for benefit of persons specified in article 6 of this Law and/or the related persons and also other actions by means of which any benefit is provided to these persons;

11) donation - non-paid provision (transfer, fee) of financial resources, goods or services;

12) potential conflict of interest - situation in case of which private interests of persons specified in article 6 of this Law under certain conditions can negatively influence accomplishment of the job responsibilities by them;

13) real conflict of interest - situation in case of which private (private) interests of persons specified in article 6 of this Law directly affect accomplishment of the job responsibilities by them;

14) the occurred conflict of interest - situation when acts or agreements of persons specified in article 6 of this Law were accepted or signed by availability of conflict of interest in them;

15) the company - the business entity whose activities are financed from the government or local budget or in the authorized capital of which is available the state share.

Article 5. Principles of management of conflict of interest

Management of conflict of interest is based on the following principles:

1) priority of public concerns;

2) ensuring transparency and control;

3) personal responsibility and personal example.

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