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LAW OF THE KYRGYZ REPUBLIC

of February 2, 2019 No. 22

About the state grant in seed farming

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

The purpose of this Law is the state support of agricultural producers in providing with the high-quality high-quality certified seed grain of crops and creating favorable conditions to seed productions of the Kyrgyz Republic for production and realization of the high-quality high-quality certified seeds of priority crops through introduction of the mechanism of the state grant.

Article 1. Coverage of this Law

1. This Law regulates the legal basis of introduction of the mechanism of the state grant in seed farming for the purpose of ensuring sustainable development of the relations between public authorities and local self-government, seed productions and agricultural producers.

2. Legal regulation of the relations arising in connection with providing the state grant in seed farming is based and performed according to this Law and other regulatory legal acts of the Kyrgyz Republic.

3. Operation of this Law extends to production and realization of the high-quality certified seeds of grades and hybrids of the priority crops included in the State register of grades and hybrids of the plants allowed to use in the territory of the Kyrgyz Republic.

4. Provisions of this Law act on all territory of the Kyrgyz Republic in relation to all seed productions having the official status for production, realization and use for crops of seeds of one or several priority crops.

Article 2. The concepts applied in this Law

In this Law the following terms, concepts and their determinations are applied:

1) the state grant in seed farming - the amount of budgetary funds which is annually determined by the Government of the Kyrgyz Republic allocated for compensation of part of costs to seed productions for the certified seeds of priority crops made by them high-quality high-quality on non-paid and irretrievable basis;

2) quota for the high-quality certified seeds - the amount of subsidized seeds of priority crops determined by the authorized state body performing policy in the field of agricultural industry;

3) the commission on distribution of quotas for the high-quality certified seeds - representatives of state bodies and local government bodies (under approval) which activities are connected with distribution between agricultural producers of quotas for the certified seeds of priority crops;

4) priority crops to which the state grant - winter and spring-sown field, barley, sugar beet, cotton, corn, haricot, lucerne and sainfoin extends.

Article 3. Principles of this Law

This Law is based on the following principles:

1) equal availability of the state grant to the seed productions making seeds of priority crops and implementing to their agricultural producers;

2) compliance of quality of the made seeds to the standards accepted in the Kyrgyz Republic;

3) ecological and phytosanitary safety of activities of seed productions;

4) interaction with the research establishments and the organizations performing activities in the field of selection and seed farming;

5) development of goods competitiveness of agricultural producers;

6) import substitution and exportooriyentirovannost.

Article 4. The main directions of the mechanism of the state grant in seed farming

1. The main direction of introduction of the mechanism of the state grant in seed farming is allocation of budgetary funds for compensation to seed productions of the Kyrgyz Republic of 30 percent cost of production costs of implementable seeds of superelite, elite, the primary and second seed of grades and hybrids of the first generation of priority crops.

2. Ensuring in accordance with the established procedure payments of the public subsidized funds is performed to the seed productions which completely fulfilled all obligations on leave to agricultural producers of the high-quality certified seeds of priority crops.

Article 5. The bodies performing the state grant in seed farming

1. The bodies performing the state grant in seed farming of priority crops are the authorized state body performing policy in the field of agricultural industry, plenipotentiaries of the Government of the Kyrgyz Republic in areas, local public administrations and local government bodies (under approval).

2. The authorized state body performing policy in the field of agricultural industry determines amounts of the subsidized certified seeds. The procedure and operating conditions of authorized state body in the field of agricultural industry are determined by scoping of the state grant, establishment of quotas and payments of means of the state grant by the Government of the Kyrgyz Republic.

Article 6. State control of execution of this Law

The state control of execution of this Law is exercised by authorized state body.

Article 7. Financing of the state grant in seed farming

1. The state grant in seed farming is performed at the expense of means of the republican budget.

2. The funds allocated for the state grant are provided by the law on the republican budget for the next financial year.

3. Manufacturing cost of seed grain upon the previous (basic) year is taken as basis when planning grants by preparation of the draft of the republican budget for the next year.

4. Manufacturing cost of seeds is determined by the authorized state body performing policy in the field of agricultural industry and authorized state antimonopoly authority.

5. The procedure, conditions, ensuring transparency of procedure for granting of the state grant to seed productions of the Kyrgyz Republic are established according to the provision approved by the Government of the Kyrgyz Republic.

Article 8. Assignment and use of the subsidized certified high-quality seeds

1. The subsidized certified seeds of priority crops are used for purpose and are intended only for crops.

2. In case of realization by seed productions of seeds of priority crops with violations of requirements of this Law the authorized state body performing policy in the field of agricultural industry, having the right to claim compensation of the selected grants for production and leave of subsidized seeds of priority crops according to article 9 of this Law. The made decision is brought to the attention of receivers of subsidized seeds directly and through mass media.

Article 9. Responsibility for non-compliance with regulations of this Law

1. Officials, seed productions, producers of agricultural products bear the civil, administrative and criminal liability for violation of regulations of this Law established by the legislation of the Kyrgyz Republic.

2. In case of damage caused by seed production to receivers of subsidized seeds of priority crops, this seed production upon the demand of the receiver of subsidized seeds, shall:

1) to replace substandard seed grain on high-quality similar grade;

2) in case of impossibility of replacement of seed grain to indemnify the caused damage in cash.

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