ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 26, 2018 No. 110

About approval of the Standard regulations on procedure for conducting administrative cases, the magazine of their accounting, accounting of administrative acts

For the purpose of determination of operations procedure of government employees when implementing ministerial procedures, and also procedure for maintaining register of administrative cases and administrative acts, according to part 2 of article 25 of the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures", the Program of the Government of the Kyrgyz Republic "Zhanna expensively - kyrk to codes", the Kyrgyz Republic approved by the resolution of Jogorku Kenesh of August 25, 2017 No. 1836-VI, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Standard regulations on procedure for conducting administrative cases, the magazine of their accounting, accounting of administrative acts (further - the Standard provision) according to appendix.

2. Determine the Ministry of Justice of the Kyrgyz Republic the coordinating state body by implementation of this resolution.

3. To the ministries, the state committees, administrative departments, executive bodies of local self-government and other state bodies performing ministerial procedure according to the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures":

- approve in accordance with the established procedure departmental regulations on procedure for conducting administrative cases, the magazine of their accounting, accounting of administrative acts according to the Standard provision;

- take measures for automation of ministerial procedures.

4. To the Ministry of Justice of the Kyrgyz Republic to carry out information and explanatory work with the staff of the ministries, the state committees, administrative departments, executive bodies of local self-government and other state bodies performing ministerial procedure concerning implementation of ministerial procedures.

5. Determine that heads of the ministries, the state committees, administrative departments, executive bodies of local self-government and other state bodies performing ministerial procedure bear the personal responsibility for implementation of this resolution.

6. To impose control of execution of this resolution on the relevant departments of Government office of the Kyrgyz Republic.

7. This resolution becomes effective after ten days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of February 26, 2018 No. 110

Standard regulations on procedure for conducting administrative cases, magazine of their accounting, accounting of administrative acts

Chapter 1. General provisions

1. This Standard regulations on procedure for conducting administrative cases, the magazine of their accounting, accounting of administrative acts (further - the Provision) determine operations procedure of government employees when implementing ministerial procedures, and also procedure for maintaining and accounting of administrative cases, administrative acts.

2. The concepts used in this Provision:

ministerial procedures - the actions of administrative authority made based on the statement of the interested person, initiative of administrative authority of establishment (provision, the certificate, confirmation, registration, providing), to change or the termination of the rights and/or obligations, including which are coming to an end with issue of the administrative act (its acceptance, coordination, approval) either registration, or accounting of the interested person, its property, or provision of money, other property and/or services at the expense of means of the government budget from the property which is in the state-owned or municipal property;

administrative case - set of the documents and materials fixing process of preparation, consideration and decision making by administrative authority according to the statement of the interested person;

the administrative act - the act of administrative authority or its official which at the same time have public and individual and certain nature, having external impact, i.e. not having interdepartmental nature and attracting consequence in law, i.e. establishing, changing, stopping the rights and obligations of the applicant and/or the interested person.

Chapter 2. Operations procedure of government employees when implementing ministerial procedures

§1. Adoption of the statement, jurisdiction check

3. The basis for initiation of ministerial procedure is the application of physical person or legal entity issued in form according to appendix 1 to this Provision or initiative of administrative authority.

The application of physical person or legal entity can be submitted personally or through the representative (in the presence of issued in the procedure for the power of attorney established by the legislation of the Kyrgyz Republic), and also is directed by mail with the notification on obtaining or electronic way.

4. Each arrived statement shall be adopted by administrative authority. The oral statement is reflected in the protocol of administrative authority in form according to appendix 2 to this Provision.

5. After adoption of the statement it is checked regarding reference of the requirements specified in the statement to coverage of the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures" (further - the Law) and jurisdiction of the statement to administrative authority (availability of competence of administrative authority) is established.

6. If the requirements specified in the statement do not fall within the Law coverage, namely: mention the relations specified regarding the 4th article 2 of the Law, the administrative authority passes the motivated decision on leaving of the statement without consideration which can be appealed in administrative (pre-judicial) procedure in the same or higher administrative authority within 30 working days.

7. When leaving the statement without consideration the administrative authority informs the applicant within 3 working days from the date of adoption of the statement in the way:

1) transfers of the notice directly to the applicant;

2) the directions of the notice by registered mail with the assurance of receipt;

3) by other, provided by the laws methods (e-mail, the fax, the SMS message, etc.) in case of impossibility to inform the applicant by the methods specified in subitems 1 and 2 of this Item or at the request of the applicant.

8. If the requirements specified in the statement are within the competence of other administrative authority, the administrative authority which adopted the statement passes the decision on refusal in its consideration and readdresses it to competent administrative authority within 3 working days, with the notice on it of the applicant according to the procedure and terms, stipulated in Item the 7th this provision.

9. If one or several requirements specified in the statement are within the competence of other administrative authority, the administrative authority which adopted the statement readdresses the copy of the application in this part to other administrative authority within 3 working days, with the notice on it of the applicant according to the procedure and terms, stipulated in Item the 7th this provision.

The administrative authority which adopted the statement, and administrative authority to which the statement was readdressed consider the arrived application in the corresponding part.

10. In the cases provided by Items 8 and 9 of this provision, the administrative authority keeps at itself copies of the readdressed statement, and in case of need - the copies of documents or part of them attached to it, or their list.

§2. Verification of the statement on compliance to formal requirements

11. In case of verification of the statement on compliance to formal requirements the administrative authority establishes the applicant's right to filing of application, namely: whether person who addressed for implementation of ministerial procedure is:

- physical person or legal entity, the international organization if it is stipulated by the legislation, the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

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