of November 21, 2022 unitary enterprise No. 380
About introduction of temporary ban (moratorium) on conducting checks of subjects of entrepreneurship till December 31, 2023
In the field of state regulation of business activity problems which negatively affect development of entrepreneurship, of business continue to exist and promote decrease in level of business of the population, investors, including foreign investors.
One of such problems continue to remain large number of checks and abuse of authority from law enforcement agencies, tax and monitoring bodies on which claims from representatives of small, medium and big business, including commercial banks often arrive. Most often it is unreasonable, duplicative or in general illegal checks, the facts of cash requisitions meet.
For the purpose of creating favorable conditions for development of private entrepreneurship, improvement of the investment climate, support of economic activity of subjects of entrepreneurship, providing their legal protection, prevention of unreasonable intervention in activities of subjects of entrepreneurship, increase in responsibility and ensuring openness of activities of law enforcement agencies and monitoring bodies when checking subjects of entrepreneurship, according to Articles 66, I decide 71 Constitutions of the Kyrgyz Republic:
1. To the Cabinet of Ministers of the Kyrgyz Republic to impose temporary ban (moratorium) on the checks of subjects of small, medium and big business, and also commercial banks which are carried out by the law enforcement agencies and authorized bodies having the right to conducting checks of subjects of entrepreneurship, to the period from January 1, 2023 to December 31, 2023.
2. Determine that unreasonable purpose of checks by officials of law enforcement agencies, the authorized bodies having the right to conducting checks of subjects of entrepreneurship, and also the checks made with use of the office powers from mercenary or other personal interest, which entailed causing essential harm to the rights and legitimate interests of the checked subjects to the either the state or public concerns are considered as improper execution of service duties and attract involvement of officials to disciplinary responsibility, up to release from post.
3. To the Cabinet of Ministers of the Kyrgyz Republic in accordance with the established procedure:
- take the necessary measures following from this Decree and also bring the decisions into accord with this Decree;
- together with business associations (under approval), the authorized bodies having the right to conducting checks of subjects of entrepreneurship heads of local public administrations, mayors of the cities of Bishkek and Osh to wage broad information campaign for business communities about introduction of the moratorium and provision of the advisory help to subjects of entrepreneurship concerning observance of requirements of the legislation of the Kyrgyz Republic.
4. To management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic within two weeks to submit information on execution of presidential decrees of the Kyrgyz Republic by state bodies:
- "About protection of property and support of entrepreneurs and investors" of January 29, 2021 No. 3;
- "About additional measures for protection of subjects of entrepreneurship" of March 4, 2021 No. 61.
5. I reserve control of execution of this Decree.
President of the Kyrgyz Republic
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