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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of December 19, 2018 No. 2018-P-12/55-6-(NPA)

About approval of the Instruction for hearing of cases about offenses

(as amended on 14-12-2022)

According to articles 20 and 68 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity" the Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Instruction for hearing of cases about offenses it (is applied).

2. Recognize invalid:

- the resolution of Board of National Bank of the Kyrgyz Republic "About the Instruction for hearing of cases about administrative offenses in the sphere of the bank law" of August 26, 2015 No. 49/9;

- the resolution of Board of National Bank of the Kyrgyz Republic "About entering of amendments and changes into some resolutions of Board of National Bank of the Kyrgyz Republic" of April 11, 2016 No. 17/3;

- the resolution of Board of National Bank of the Kyrgyz Republic "About modification and amendments in the resolution of Board of National Bank of the Kyrgyz Republic "About the Instruction for hearing of cases about administrative offenses in the sphere of the bank law" of August 26, 2015 No. 49/9" of December 28, 2016 No. 51/2;

- the paragraph the ninth Item 1 of the resolution of Board of National Bank of the Kyrgyz Republic "About modification and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic and recognition voided some regulatory legal acts of National Bank of the Kyrgyz Republic" of June 15, 2017 No. 2017-P-12/25-12-(NPA) and Item 8 of Appendix to the specified resolution.

3. To legal management:

- publish this resolution on the official website of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for entering into the State register of regulatory legal acts of the Kyrgyz Republic.

4. This resolution becomes effective since January 1, 2019.

5. To management of methodology of supervision and licensing of banks to bring this resolution to the attention of OYuL "Union of Banks of Kyrgyzstan", commercial banks, OYuL "Association of the Microfinancial Organizations", the microfinancial organizations, specialized financial credit institution of JSC Finance Company of Credit Unions, credit unions, "Associations of exchange bureaus "Alyans", exchange bureaus, credit bureaus, structural divisions, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

6. To impose control of execution of this resolution on the board member supervising Management of methodology of supervision and licensing of banks.

Chairman of the board of National Bank of the Kyrgyz Republic

T. Abdygulov

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of December 19, 2018 No. 2018-P-12/55-6-(NPA)

The instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic

This Instruction for hearing of cases about offenses (further - the Instruction) regulates procedure of production for cases on the offenses (further - case on offense) provided in the relevant articles of the Code of the Kyrgyz Republic about the offenses (further - the Code about offenses) which are within the competence of National Bank of the Kyrgyz Republic (further - National Bank).

1. General provisions

1. The National Bank considers cases on offenses and imposes the penalties provided by Articles 299-306, 323 and parts 1 and 2 of article 355 of the Code about offenses.

2. The structural divisions of National Bank (further - Authorized division) authorized to opening of production on cases on offenses are:

1) Structural divisions of central office (management of licensing, management of banking supervision, management of supervision of the non-bank organizations, management of payment service providers, department of consumer protection) - for the offenses provided by Articles 299-301, 305, of 306, of 323, parts 1 and 2 of article 355 of the Code about offenses;

2) Management of financial statistics and reporting - for offenses, stipulated in Article 302 Codes about offenses;

3) Management of cash liquidity - for the offenses provided by Articles 303, 304 Codes about offenses;

4) regional managements and representative office of National Bank in Batken Province (further - OU) - for the offenses provided by Articles 299-301, 303, 305 (within competence OU), 306, 323, parts 1 and 2 of article 355 of the Code about offenses.

3. Consider cases on offenses and apply penalties by pronouncement of the resolution on the case of offense the commission of National Bank on hearing of cases about offenses (further - the commission), except as specified, stipulated in Item the 12th this Instruction has the right.

The personal and quantitative structure of the commission affirms the order of National Bank.

Persons replacing them on position according to the order of National Bank take part in absence of the commission chairman and other members of the commission in work of the commission.

The paragraph the fourth ceased to be valid according to the Resolution of Board of National Bank of the Kyrgyz Republic of 15.12.2021 No. 2021-P-02/70-4-(NPA)

3-1. Decisions of the commission are made by vote. The decision is deemed accepted if most of the members of the commission who are present at meeting voted for it.

3-2. Commission chairman:

- opens and conducts commission sessions;

- takes out determination and the notice on timing and places of consideration of the case (Appendix 2, 12);

- takes out determination about return of the protocol on offense and other case papers in authorized division, in case of creation and execution of case papers by unauthorized persons; incorrect/wrong creation of the protocol on offense and execution of other case papers; incompleteness of the provided materials which cannot be filled when considering the case (Appendix 4).

3-3. Production on cases on offenses is performed in paper and (or) electronic forms with use of the automated information system (further - AIS) the Unified register of offenses (further - ERPN) and the digital signature (further - the EDS).

4. Physical persons and legal entities in the limits provided by Articles 299-306, 323 and parts 1 and 2 of article 355 of the Code about offenses are subject to responsibility for making of offense.

5. For making of the offenses provided by articles of the Code about offenses, specified in Item 2 of this Instruction the penalty in the sizes specified in the relevant articles of the Code about offenses is applied.

Penalty - the cash collection imposed on physical persons and legal entity for making of offense in the cases, the size and procedure established by the Code about offenses.

Penalties can be applied to physical persons within 6 (six) months from the date of offense committing by person, and in case of the continued offense - within 6 (six) months from the date of its identification.

Penalties can be applied to legal entities during 1 (one) from the date of offense committing by person.

2. Procedure for opening of production on cases on offenses

6. Reasons for the beginning of proceeedings about offense are:

1) direct detection serving the Representative of division of the sufficient data specifying offense event availability;

2) arrived from law enforcement or other state bodies, local government bodies, the materials containing the data specifying offense event availability;

3) messages and statements of physical persons and legal entities, and also messages in other sources of information (including in mass media and the Internet), including the video or photographic materials containing the data specifying offense event availability.

7. In case of identification of the fact of offense by Authorized division the protocol on offense on paper or electronically, certified by the EDS of the serving representative of division is constituted (Appendix 1).

Each case of creation of the protocol shall be brought in ERPN by employees of Authorized division.

8. If person concerning whom the protocol is constituted has no documents proving his identity, and at the same time person refuses to confirm the personality and have the right to address to law enforcement agencies which are authorized to bring person made responsible for making of offense to premises of law enforcement agency for identification of the offender to provide the information on the place of the accommodation then serving the Representative of division. The protocol is constituted together with the representative of law enforcement agency and the term of creation of the protocol in these cases cannot exceed 3 (three) hours.

9. In case of refusal from signing of the protocol of person made responsible for making of offense in the protocol entry about it is made. The person made responsible for making of offense, having the right to furnish the explanations attached to the protocol and notes on contents of the protocol, and also to state motives of the refusal of its signing.

10. The protocol is constituted in 2 (two) copies, one of which on receipt is handed to person made responsible for making of offense.

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