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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 1, 2022 No. 440

About some questions in the field of gambling activities in the Kyrgyz Republic

For the purpose of implementation of the Law of the Kyrgyz Republic "About gambling activities in the Kyrgyz Republic", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) Regulations on state regulation of gambling activities in the Kyrgyz Republic according to appendix 1;

2) Regulations on licensing of gambling activities in the Kyrgyz Republic according to appendix 2;

3) Regulations on procedure for submission of the reporting and disclosure of information by subjects of gambling activities according to appendix 3.

2. Determine:

1) Service of regulation and supervision of the financial market under the Ministry of Economy and Trade of the Kyrgyz Republic authorized state body on regulation of gambling activities in the Kyrgyz Republic except for online casino, electronic (virtual) casino;

2) Service on regulation and supervision in communication industry under the Ministry of digital development of the Kyrgyz Republic by authorized state body of regulation of gambling activities in the Kyrgyz Republic regarding online casino, electronic (virtual) casino.

3. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of subordinated divisions and organizations of the Ministry of Economy and Trade of the Kyrgyz Republic" of December 10, 2021 No. 300 the following changes:

in Regulations on Service of regulation and supervision of the financial market under the Ministry of Economy and Trade of the Kyrgyz Republic approved by the above-stated resolution:

- add Item 3 with the paragraph the second the following content:

"The non-bank financial market is understood as part of the financial market of the Kyrgyz Republic which includes the security market; insurance activity; auditor activities; activities of non-state pension funds; activities of the companies managing pension assets; activities of commodity and stock exchanges; stock exchange trading; lottery and lombard activities; gambling activities according to the legislation of the Kyrgyz Republic.";

- to add the subitem 2 of Item 13 with the paragraph the thirteenth the following content:

"-establishes the minimum requirements to rules of the game for subjects of gaming, and also approves rules of the organization and carrying out gamblings;".

4. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About some questions of the Ministry of digital development of the Kyrgyz Republic" of November 15, 2021 No. 257 the following changes:

in Regulations on Service on regulation and supervision in communication industry under the Ministry of digital development of the Kyrgyz Republic approved by the above-stated resolution:

- to add Item 1 after words of "body for communication" with the words "and to regulation of gambling activities in the Kyrgyz Republic regarding online casino, electronic (virtual) casino";

- in Item 10:

add subitem 1 with the paragraph the twentieth the following content:

"-establishes the minimum requirements to rules of the game for all subjects of gaming regarding online casino, electronic (virtual) casino, and also approves rules of the organization and carrying out hazardous online of games.";

to add the paragraph of the sixth of the subitem 2 after the word "communications" with the words "and to regulation of gambling activities in the Kyrgyz Republic regarding online casino, electronic (virtual) casino";

- the subitem 15 of Item 12 after the word "communications" to add with words "gambling activities in the Kyrgyz Republic regarding online casino, electronic (virtual) casino and".

5. To the ministry of digital development of the Kyrgyz Republic to handle the issues following from this resolution regarding transparency of conducting activities of online casino and electronic (virtual) casino.

6. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

7. This resolution is subject to official publication and becomes effective from the date of entry into force of the Law of the Kyrgyz Republic "About gambling activities in the Kyrgyz Republic".

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 1, 2022 No. 440

Regulations on state regulation of gambling activities in the Kyrgyz Republic

1. General provisions

1. This Provision determines the legal basis of state regulation of gambling activities in the territory of the Kyrgyz Republic connected with the organization, carrying out and provision of access to gamblings to casino on gaming machines, computer simulators, in interactive institutions, online casino, electronic (virtual) casino, bookmaker offices, totalizators irrespective of the location of the server.

2. Gambling activities in the Kyrgyz Republic are subject to state regulation. The purpose of state policy in the field of gambling activities is creation of optimal conditions for decrease in the social risks connected with their organization and carrying out and also ensuring compliance with requirements of the legislation of the Kyrgyz Republic by organizers of gamblings.

3. State regulation includes carrying out state policy in the field of gambling activities, development of the relevant laws and other regulatory legal acts, licensing, control and supervision of gambling institutions, protection of the rights and interests of participants of games, subjects of gambling activities.

4. The basic principles of implementation of gambling activities are:

- ensuring protection of the rights and legitimate interests of participants of gamblings;

- law enforcement of implementation of gambling activities by organizers;

- providing single conditions of participation in gamblings for all players and observance by participants of these conditions;

- ensuring justice and objectivity when implementing activities in the field of gamblings;

- non-admission of opportunity to affect from the outside gambling outcome.

4-1. The restrictions set for clients of gambling institutions:

- non-admission to participation in gamblings;

- citizens of the Kyrgyz Republic;

- the foreign citizens who did not reach 21-year age;

- incapacitated foreign citizens;

- prohibition to clients of gambling institutions;

- visit gambling institutions in condition of strong alcoholic or other intoxication;

- messages photo, video filming without the permission of gambling institution;

- enter office zone of gambling institution.

5. Forms of state regulation of gambling activities are:

- determination of procedure of activities in the field of gambling activities;

- implementation of licensing of gambling activities;

- implementation of the state control of gambling activities.

6. In the Kyrgyz Republic the following types of gambling activities are performed:

- casino;

- slot machine hall;

- bookmaker office;

- totalizator;

- online casino;

- electronic (virtual) casino.

7. The organizer of gambling shall carry out only those types of gambling activities which are specified in the license and only after receipt of the corresponding license granted to the applicant on each type of gambling activities and also has the right to carry out and give opportunity of access to gamblings after approval of authorized state body on regulation of gambling activities of rules of the organization and carrying out gambling.

8. In the place, available to visitors of gambling institution, the rules of the organization and carrying out gambling of gambling institution, the rule of visit of gambling institution, the Regulation of Admission of rates established by the organizer and payment of prizes shall be placed.

9. The organizer of gamblings shall:

- provide protection of legitimate rights and interests of players;

- not allow to gambling of persons who are forbidden to participate in game the legislation of the Kyrgyz Republic in the field of gambling activities;

- organize and hold gamblings according to requirements of the legislation of the Kyrgyz Republic, this provision, and also the internal approved regulations of the organization and carrying out gamblings;

- hang out in gambling institution in a visible place rules of the organization and carrying out gamblings;

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