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LAW OF THE KYRGYZ REPUBLIC

of May 25, 2007 No. 72

About procedure for conducting checks of subjects of entrepreneurship

(The last edition from 02-08-2018)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 27, 2007

This Law establishes procedure for conducting checks of subjects of entrepreneurship by authorized bodies, determines the rights and obligations of authorized bodies and subjects of entrepreneurship in the relations connected with implementation of checks and also protection of the rights of subjects of entrepreneurship against illegal intervention in their activities.

Chapter 1. General provisions

Article 1. Scope of this Law

1. This Law governs the relations of authorized bodies which powers on implementation of checks are established by the laws of the Kyrgyz Republic and the orders of the Government of the Kyrgyz Republic, and subjects of entrepreneurship which activities are subject to check according to the legislation of the Kyrgyz Republic.

2. Voided according to the Law of the Kyrgyz Republic of 14.04.2016 No. 41

3. If the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic establishes other rules, than are provided by this Law, then rules of the international treaty are applied.

5. This Law does not regulate procedure and procedures of conducting checks which are carried out:

- National Bank of the Kyrgyz Republic;

- the bodies performing checks of subjects of entrepreneurship within criminal, administrative, civil, executive trial;

- law-enforcement bodies of the Kyrgyz Republic for the purpose of traffic safety;

- the bodies performing border, customs, immigration, health, quarantine, phytosanitary, veterinary control at check points on frontier of the Kyrgyz Republic;

- Akyykatcha (Ombudsman) of the Kyrgyz Republic;

- authorized state body in the sphere of regulation and control of activities on road and water transport;

- authorized state body on regulation and supervision in the field of civil aviation.

6. Conducting financial checks of subjects of entrepreneurship by law enforcement agencies, except for tax and customs authorities of the Kyrgyz Republic is forbidden. Inspection statements of tax and customs authorities of the Kyrgyz Republic are the main document and the single source of conducting financial checks of subjects of entrepreneurship law enforcement agencies without additional checks.

Article 2. The basic concepts applied in this Law

Authorized bodies - the executive bodies authorized by the laws of the Kyrgyz Republic and the orders of the Government of the Kyrgyz Republic on implementation of checks of subjects of entrepreneurship which list is developed by the Government of the Kyrgyz Republic and affirms Jogorku Kenesh of the Kyrgyz Republic.

Check - any form of the state control or supervision on observance by subjects of verification of the legislation of the Kyrgyz Republic regulating their activities.

Scheduled inspection - the inspection which is carried out by authorized body according to the plan of implementation of checks of activities of subjects of check approved by it.

Unscheduled inspection - the inspection of activities of subjects of check which is carried out on the bases, the stipulated in Article 7 these Laws.

Control check - check of elimination by subjects of check of the violations noted by the previous check.

Recheck - the inspection which is carried out based on the claim of the subject of check to results of scheduled inspection and for refining of some moments connected with the carried-out scheduled inspection which are not reflected or not clearly reflected in the act.

Subjects of check - the legal entities, individual entrepreneurs, branches and representations registered according to the procedure, established by the legislation of the Kyrgyz Republic.

Risk - probability of emergence of negative consequences from implementation of business activity and the expected extent of damage owing to their action, and also probability of failure to carry out (accomplishment not in full, accomplishment not properly) subjects of check of the obligations, stipulated by the legislation the Kyrgyz Republic.

Criteria for evaluation of risk degree - set of the quantitative and (or) qualitative indexes connected with direct activities of the subject of check, allowing to carry subjects of check to various risk degrees.

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