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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of November 4, 2022 No. 619

About approval of Rules of hearing of cases about antitrust violations of the Kyrgyz Republic and modification of some decisions of the Government and the Cabinet of Ministers of the Kyrgyz Republic concerning anti-monopoly regulation

For the purpose of ensuring compliance with the technical specification of the State symbols of the Kyrgyz Republic, according to article 18 of the Law of the Kyrgyz Republic "About the competition", 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 Rules of hearing of cases about antitrust violations of the Kyrgyz Republic according to appendix.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Procedure for hearing of cases about antitrust violations in the field of unfair competition" of June 2, 2012 No. 362 the following changes:

according to the procedure of hearing of cases about antitrust violations in the field of unfair competition, approved by the above-stated resolution:

- to declare paragraph two of Item 1 invalid;

- in Item 2:

in the paragraph the second the words "territorial authorities (further-antimonopoly authority) have the right to initiate" shall be replaced with words "territorial subdivisions (further - antimonopoly authority) initiate";

in paragraph three "bodies" to replace the word with the word of "division";

- in item 4:

word in paragraph five by "other stipulated by the legislation method" shall be replaced with words "to e-mail, by the courier or it is handed personally";

the fourth subitem 1 after the word "established" to add the paragraph with the word "civil";

- in Item 13:

in paragraph one the word of "(instruction)" shall be replaced with words ", warnings of elimination of violations";

declare subitem 2 invalid;

declare paragraph two invalid;

- 14, 15 to state Items in the following edition:

"14. The prevention is drawn up in writing, signed by the head of antimonopoly authority or its deputy and chiefs of its territorial subdivisions and shall contain:

1) the name of person to which the prevention, the location address is issued;

2) list of the bases of issue of the prevention;

3) the description of actions (failure to act) of person which contain signs of unfair competition;

4) the requirement about need of the termination of actions (failure to act) which contain signs of unfair competition and the list of measures which person needs to perform for elimination of the reasons and conditions promoting emergence of such violation, and consequences of such actions (failure to act);

5) completion date of the prevention;

6) requirement about the notification of antimonopoly authority about execution of the prevention.

15. Completion date of the prevention shall consider the list of measures which need to be made within its accomplishment and to constitute at least than 10 working days from the date of its obtaining by person to which it is issued.

According to the motivated petition of person to which the prevention and in the presence of good causes is issued that at the scheduled time the prevention cannot be performed the specified term can be extended by the head of antimonopoly authority or its deputy and chiefs of its territorial subdivisions.

Prolongation of completion date of the prevention is performed by entering into it of corresponding changes regarding prolongation of its execution.";

to declare the name of Chapter 4 invalid;

- 16, 17 to state Items in the following edition:

"16. The issued prevention the cover letter signed by the head of antimonopoly authority or its deputy and chiefs of its territorial subdivisions within one working day goes to the person to whom it is issued, with the assurance of receipt (or the different way providing documentary fixing of the fact of receipt of the relevant document by the legal representative of business entity or the employee of office) on legal address (the location address) of business entity.

17. The prevention is subject to obligatory consideration by person to which it is issued in time, specified in it.

Person to whom the prevention is issued notifies antimonopoly authority on execution of the prevention within three working days from the date of the termination of the term established for its execution. Materials (documents, data, information) confirming execution of the prevention shall be attached to the notification.

Person to whom the prevention is issued has the right to notify in writing antimonopoly authority on disagreement with the issued prevention before the termination of the term specified in the prevention.";

- add with Items 18-21 of the following content:

"18. The antimonopoly authority within 15 working days, from the date of receipt of the notification on execution of the prevention, checks reliability of the provided information, including by the direction of the corresponding requests to the applicant.

19. In case of non-execution of the prevention at the scheduled time, within three working days from the date of the expiration of execution of the prevention, and (or) disagreement of person with the prevention issued to it consideration of the case is resumed and one of the following decisions is accepted:

- about compensation of the amount illegally the gained income according to the provisions of the law of the Kyrgyz Republic "About the competition";

- about application of measures of responsibility according to the Code of the Kyrgyz Republic about offenses;

- about transfer of cases to state bodies which competence includes consideration of the specified cases;

- about transfer of cases to judicial, law enforcement agencies.

20. The copy of the decision within three working days is handed or sent to person concerning whom it is taken out, and also to the applicant.

The copy of the decision is handed under list. If the copy is sent, about it the corresponding file note is made and the receipt on departure is attached.

21. In case of disagreement with the decision made as a result of consideration of the case on antitrust violation in the field of unfair competition, the parties have the right to appeal it according to the procedure, provided by the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures".".

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 anti-monopoly regulation under the Ministry of Economy and Trade of the Kyrgyz Republic approved by the above-stated resolution:

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