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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 22, 2018 No. 495

About approval of the Regulations on procedure for transfer, storage, examination, assessment and realization of precious metals, gemstones, pearls, products from them, and also scrap of such products on which collection is turned

According to article 65 of the Law of the Kyrgyz Republic "About the status of legal executives and about enforcement proceeding" and 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 Regulations on procedure for transfer, storage, examination, assessment and realization of precious metals, gemstones, pearls, products from them, and also scrap of such products on which collection, according to appendix is turned.

2. This Resolution becomes effective after ten days from the date of official publication.

Prime Minister of the Kyrgyz Republic  

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of October 22, 2018 No. 495

Regulations on procedure for transfer, storage, examination, assessment and realization of precious metals, gemstones, pearls, products from them, and also scrap of such products on which collection is turned

I. General provisions

1. This Provision is developed according to the Law of the Kyrgyz Republic "About the status of legal executives and about enforcement proceeding" and determines procedure for transfer, storage, examination, assessment and realization of precious metals, gemstones, pearls, products from them, and also scrap of such products (further - values) on which collection is turned.

2. In case of absence at the debtor of the money sufficient for satisfaction of the requirements containing in the executive document, collection addresses on value according to this Provision.

3. Taking measures to storage and assessment of values on which collection for benefit of physical persons and legal entities is turned is assigned to legal executives according to the legislation on enforcement proceeding of the Kyrgyz Republic.

4. Conducting examination and control analyses for determination of content of precious metals in values on which collection for benefit of physical persons and legal entities and the state is turned is performed by authorized state body in the field of production, use, the address, accounting and storage of precious metals, gemstones and products from them (further - authorized state body) according to the legislation of the Kyrgyz Republic, and also the relevant accredited laboratories in the cases provided by this Provision.

Accounting, storage, assessment of values on which collection for benefit of the state is turned are assigned to authorized state body. Realization of the collected values for benefit of physical persons and legal entities and the state is performed by authorized state body.

5. The procedure for withdrawal, storage, examination and assessment of values on which collection for benefit of physical persons and legal entities is turned is determined by this Provision.

II. Procedure for withdrawal, storage, examination and assessment of values on which collection is turned

6. In case of detection of values at the debtor during enforcement proceeding where the state acts as the claimant, the legal executive makes photographing, the inventory, arrest of these values, draws up the statement of arrest and makes withdrawal then transfers them to authorized state body for accounting, storage, examination, assessment and realization about what the delivery-acceptance certificate is drawn up.

7. For collection for benefit of physical persons and legal entities, the legal executive makes photographing, the inventory, arrest of these values and draws up the relevant statement of arrest according to the procedure, stipulated by the legislation the Kyrgyz Republic in the field of enforcement proceeding.

8. The delivery-acceptance certificate of values is drawn up in form according to appendix to this Provision, and also according to the legislation in the field of enforcement proceeding.

9. Withdrawal of values is performed by the legal executive according to the procedure and on the bases which are stipulated by the legislation the Kyrgyz Republic in the field of enforcement proceeding.

10. The withdrawn values on which collection for benefit of physical persons and legal entities is turned after their research regarding content of precious metals, the legal executive are transferred to safe custody to person or authorized organization with whom the Judicial department under the Supreme Court of the Kyrgyz Republic or its territorial administration signs agreements on storage of values, with creation of the delivery-acceptance certificate of values and agreements on storage which is confirmed by signatures of the legal executive and authorized person responsible for storage of values. After signing of the delivery-acceptance certificate of the signature divisions of service of legal executives and the authorized person are sealed. Before transfer of values on storage, responsibility for their safety is conferred on the legal executive who performed withdrawal of values.

The authorized person is warned about criminal liability for waste or assignment of entrusted property.

11. The delivery-acceptance certificate of values is drawn up in duplicate, one of which remains at the legal executive, the second is given to the representative of authorized organization or the authorized person.

In the delivery-acceptance certificate of values it shall be specified:

- place, date and time;

- name, description of values (weight, size, quantity, color, etc.);

- position, surname, name, middle name of the legal executive and representative of authorized organization or authorized person;

- name of division of service of legal executives;

- the color photo of the transferred values.

12. For the purpose of carrying out expert research of the withdrawn values regarding content of precious metals, the legal executive no later than the next two working days after withdrawal of values gives to authorized state body jewelry and household products from precious metals, and also gemstones.

The ores, concentrates, ingots, scrap and waste containing precious metals on which collection is turned are transferred by the legal executive to accredited laboratory for conducting the corresponding examination.

13. The authorized state body accepts values based on the statement of the legal executive for conducting the corresponding examination of the collected values.

14. The authorized state body within five working days carries out expertize and control analyses for determination of content of precious metals in values, in the specially allotted room (laboratory).

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