ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 31, 2018 No. 647

About the authorized person on protection of the rights of subjects of business activity (Business ombudsman)

For the purpose of ensuring transparency of activities of public authorities, decrease in level of corruption, creation of legal and institutional basis on protection of the rights, freedoms and legitimate interests of subjects of business activity, in pursuance of Item 8 of the Presidential decree of the Kyrgyz Republic "About measures for elimination of the reasons of political and system corruption in authorities" of November 12, 2013 No. 215, Item 2 of the resolution of Jogorku Kenesh of the Kyrgyz Republic "About policy of the Government of the Kyrgyz Republic on attraction and protection of investments, development of entrepreneurship, production and promotion of goods on the foreign market" of March 31, 2016 No. 412-VI, Item 6.7.14. Development programs of the Kyrgyz Republic for 2018-2022. "Unity. Trust. Creation", the Kyrgyz Republic approved by the resolution of Jogorku Kenesh of April 20, 2018 No. 2377-VI, according to 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. Form position of the authorized person on protection of the rights, freedoms and legitimate interests of subjects of business activity (Business ombudsman).

2. Approve Regulations on the authorized person on protection of the rights, freedoms and legitimate interests of subjects of business activity (Business ombudsman) according to appendix.

3. To the Ministry of Economics of the Kyrgyz Republic together with the authorized person on protection of the rights, freedoms and legitimate interests of subjects of business activity (Business ombudsman) in six-months time to develop and introduce in accordance with the established procedure in the Government of the Kyrgyz Republic the bill of the authorized person on protection of the rights, freedoms and legitimate interests of subjects of business activity (Business ombudsman).

4. To impose control of execution of this resolution on department of economy and investments of Government office of the Kyrgyz Republic.

5. This resolution becomes effective after fifteen days from the date of its official publication.

Appendix

to the Order of the Government of the Kyrgyz Republic of December 31, 2018 No. 647

Regulations on the authorized person on protection of the rights, freedoms and legitimate interests of subjects of business activity (Business ombudsman)

1. General provisions

1. This Provision determines legal and institutional basis of activities of the authorized person for protection of the rights, freedoms and legitimate interests of subjects of business activity (further - the Business ombudsman).

2. In the activities the Business ombudsman is guided by the Constitution and other regulatory legal acts of the Kyrgyz Republic, and also international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, and this Provision.

3. The basic concepts used in this Provision:

The business ombudsman - the authorized person given authority on protection of the rights, freedoms and legitimate interests of subjects of business activity and performing the activities according to this Provision;

subjects of business activity - physical persons (citizens of the Kyrgyz Republic; stateless persons; persons having double citizenship; foreign citizens), and also the legal entities registered according to the legislation of the Kyrgyz Republic, or the legal entities registered by the legislation of foreign state, regardless of their forms of business and patterns of ownership, performing on the risk and under the property responsibility the activities which are not prohibited by the legislation with revenue generating purpose;

state body - the body founded on permanent basis according to the Constitution and other regulatory legal acts of the Kyrgyz Republic authorized to perform functions of the government, to make decisions, obligatory for execution, and to provide their realization, financed from the republican budget;

local government body - the representative, executive bodies providing the solution of questions of local value according to the legislation on local self-government;

the companies of public sector - the state and municipal companies, the public and local government offices (including the performing functions which are not connected with implementation of function of the government or local self-government including healthcare institutions, educations, information, statistical, consulting, on issuance of credits), and also economic societies and other legal entities in whom share of the state or municipality exceeds 50 percent or which owing to other circumstances are under control of the state or municipality;

the secretariat - the working office of the Business ombudsman which is rendering assistance to realization of functions and tasks, and also carrying out organizational technical supply works of the Business ombudsman, including Deputy Business ombudsmen, specialists and administrative personnel;

The supervisory board - the collegiate supreme body of management of the Business ombudsman and the secretariat formed by group of the parties for the purposes of implementation of supervision of activities of the Business ombudsman and the secretariat, observance of requirements of this provision and other applicable rules, including equipped with planning features and developments of the strategy of the Business ombudsman and the secretariat;

acts of reaction of the Business ombudsman - legal funds of reaction of the Business ombudsman for the violations of the rights, freedoms and legitimate interests of subjects of business activity revealed by it. Recommendations, representations belong to acts of reaction of the Business ombudsman;

recommendations - the act of reaction of the Business ombudsman sent to state bodies, local government bodies, the companies of public sector, to their officials, containing offers on elimination of the violations of the rights and legitimate interests of subjects of business activity revealed following the results of activities of the Business ombudsman;

representation - the act of reaction of the Business ombudsman sent to state bodies and local government bodies, the companies of public sector, to their officials about further or additional consideration of the case and determination of the steps directed to elimination of the revealed violations and prevention them in the future including options of initiation of disciplinary or administrative production concerning the corresponding officials and employees.

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