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 LAW OF THE KYRGYZ REPUBLIC

of August 2, 2018 No. 80

About authorized body in the sphere of fight against economic crimes

(as amended on 22-01-2021)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 27, 2018

Chapter 1. General provisions

Article 1. Authorized body in the sphere of fight against economic crimes

1. The authorized body in the sphere of fight against economic crimes (further - authorized body) has the status of law enforcement agency of the executive authority which activities are directed to identification, the prevention, suppression, disclosure and investigation of economic types of crimes, official and corruption crimes by carrying out operational search activities, pre-judicial production on criminal cases and cases on offenses within the powers established by the legislation of the Kyrgyz Republic.

2. The authorized body is legal entity with the full name in the state and official languages, has seal with the image of the State Emblem of the Kyrgyz Republic.

3. The authorized body has banner and symbolics. The description of banner and symbolics affirms the Government of the Kyrgyz Republic.

Article 2. Legal basis of activities of authorized body

The legal basis of activities of authorized body is constituted by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic, and also the international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 3. Purposes and tasks of authorized body

1. Main objective of authorized body is ensuring internal economic safety of the Kyrgyz Republic, decrease in level economic and crimes of official in the sphere of economy and finance and anti-corruption.

2. For the benefit of internal economic safety of the Kyrgyz Republic the authorized body solves the following problems:

1) ensuring internal economic safety within the competence;

2) forecasting and prevention of possible threats of internal economic safety of the country;

3) development and realization of state policy in the sphere of ensuring internal economic safety;

4) anti-corruption in state governing bodies, except for criminal prosecution of management officials, and also fight against crimes in the sphere of economy and finance;

5) providing legitimate rights and interests of subjects of business activity;

6) implementation of measures for identification, the prevention and suppression of economic types of the crimes, official and corruption crimes including made as a part of organized criminal group; implementation of investigation and search operations; carrying out pre-judicial productions on criminal cases and cases on offenses concerning persons who committed crime or suspects of their making;

7) development and implementation of measures for the prevention, identification and suppression of the facts of illegal intervention in economic activity or hindrance of business activity by officials of government institutions with use of the official position;

8) implementation of international cooperation on the questions carried to maintaining authorized body;

9) elimination of the reasons and conditions promoting making of economic types of the crimes connected with causing damage to the state, crimes of official in the sphere of economy and finance; carrying out the analysis of the reasons and conditions generating, provoking and supporting economic types of the crimes connected with causing damage to the state, crimes of official in the sphere of economy and finance, and also development and implementation of actions directed to their prevention and liquidation.

Article 4. Principles of activities of authorized body

The authorized body performs the activities on the basis of the following principles:

1) legality;

2) respect and observance of rights and freedoms of man and citizen;

3) inevitability of responsibility for committed offense;

4) humanity and justice;

5) interaction with law enforcement and other state bodies, officials, the organizations and citizens;

6) ensuring non-interference to activities of the subjects of entrepreneurship, except as specified, provided by the laws of the Kyrgyz Republic.

Article 5. Assistance of state bodies, local government bodies, commercial and non-profit organizations, and also citizens in case of accomplishment of tasks by authorized body

1. The authorized body carries out the tasks assigned to it in interaction with state bodies, local government bodies, commercial and non-profit organizations, and also citizens.

2. State bodies, local government bodies, commercial and non-profit organizations, and also citizens render assistance in limits of the competence.

Article 6. Guarantees of observance of the rights and freedoms of citizens

1. The authorized body when implementing the activities shall observe rights and freedoms of man and citizen.

2. By this Law restrictions of the rights and freedoms in other purposes cannot be set and more than it is provided by the Constitution of the Kyrgyz Republic.

3. Actions and failure to act of staff of authorized body can be appealed in higher body, prosecutor's office and court in the procedure established by the legislation.

Article 7. Responsibility of staff of authorized body

1. The staff of authorized body within the powers independently makes decisions. In case of violation of the service duties, making of minor offense, violation or penal act the staff of authorized body bears responsibility in the procedure established by the legislation. If the employee of authorized body is given the order or the order contradicting the law, it is guided by the law.

2. The actions of the employee of authorized body which are formally falling under signs of illegal act can be not recognized as violation of the law if they are made in condition of justified professional risk. The risk is recognized justified if committed action objectively followed from the developed circumstances, and the legal objectives could not be achieved without making of such action, and the employee of authorized body who allowed risk took in the created situation all feasible measures for prevention of damage suffered.

Chapter 2. System, organization of activities, function and right of authorized body

Article 8. System and organization of activities of authorized body

1. The authorized body has single centralized system with subordination of subordinate divisions to higher.

2. The single system of authorized body is constituted by central office and territorial subdivisions subordinated to it.

3. Territorial subdivisions of authorized body within the corresponding administrative and territorial unit perform functions of authorized body within the competence.

4. The head has deputies who are appointed to position and are dismissed by the Prime Minister of the Kyrgyz Republic on representation of the head.

5. Head:

1) performs management of authorized body;

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