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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of December 21, 2022 No. 2022-P-02/81-6-(NPA)

About approval of the Technique of carrying out the analysis of regulating impact of regulatory legal acts of National Bank of the Kyrgyz Republic on activities of subjects of entrepreneurship

According to Articles 5, "About National Bank of the Kyrgyz Republic" the Board of National Bank of the Kyrgyz Republic decides 9 and 64 constitutional Laws of the Kyrgyz Republic:

1. Approve the Technique of carrying out the analysis of regulating impact of regulatory legal acts of National Bank of the Kyrgyz Republic on activities of subjects of entrepreneurship it (is applied).

2. To legal management:

- from the date of receipt of the relevant documents within 3 (three) working days to 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 inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

3. This resolution becomes effective after 15 (fifteen) days from the date of official publication.

4. To management of methodology of supervision within 3 (three) working days to bring this resolution to the attention of Consolidation of legal entities "The union of banks of Kyrgyzstan", commercial banks, JSC Finance Company of Credit Unions, credit unions, non-bank and specialized financial credit institutions, Consolidation of legal entities "Association of the microfinancial organizations", Associations of legal entities "National association of credit unions and cooperatives of Kyrgyzstan", Associations of legal entities "Association of exchange bureaus "Alyans", microfinancial organizations, JSC Garantiyny fond, housing and savings credit companies and exchange bureaus.

5. To management of payment systems within 3 (three) working days to bring this resolution to the attention of payment institutes and operators of payment systems, Consolidation of legal entities "Association of operators of payment systems of the Kyrgyz Republic", Associations of legal entities "Association of telecom operators", Interbank Processing Center Ltd.

6. To department of development of official language and document flow within 3 (three) working days to bring this resolution to the attention of structural divisions, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

7. To impose control of execution of this resolution on the board member of the National Bank of the Kyrgyz Republic supervising legal management.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of December 21, 2022 No. 2022-P-02/81-6-(NPA)

Technique of carrying out the analysis of regulating impact of regulatory legal acts of National Bank of the Kyrgyz Republic on activities of subjects of entrepreneurship

Chapter 1. General provisions

1. The technique of carrying out the analysis of regulating impact of regulatory legal acts of National Bank of the Kyrgyz Republic (further - the Technique) determines requirements and procedure for carrying out the analysis of regulating impact (further - ARV) in the course of project development of the regulatory legal acts of National Bank of the Kyrgyz Republic (further - National Bank) directed to regulation of business activity.

2. This Technique is developed according to the constitutional Law "About National Bank of the Kyrgyz Republic", the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic".

3. The regulatory legal acts of National Bank directed to regulation of business activity, except as specified regulations of business activity in the conditions of force majeure circumstances fall under requirements of carrying out ARV.

4. It is not required to carry out by ARV in cases when projects of regulatory legal acts are considered:

1) about carrying out pilot projects (trial, experimental), on condition of effective period of such regulatory legal act no more than 6 months;

2) accepted quickly in the conditions of emergency situation and/or emergency state, and also for liquidation of their consequences;

3) about approval of concepts, strategy, programs, action plans, other similar documents;

4) about reduction in compliance with regulatory legal acts, higher on degree of legal force, execution of solutions of the Constitutional court of the Kyrgyz Republic, and also elimination of collisions between the regulatory legal acts having equal legal force in case of which action of provision of the act regulating this sphere of legal relationship remains;

5) the international treaties connected with accomplishment;

6) about reduction in compliance with international standards (agreements) which are component of system of law of the Kyrgyz Republic;

7) about recognition voided regulatory legal act, or its parts.

5. In case of identification of good causes for change of regulation the project of regulatory legal act and analytical note which includes the reasons for the offered regulation provided by this Technique are result of carrying out ARV.

6. ARV is carried out by National Bank. Terms of carrying out ARV - no more than 2 months.

7. In this Technique the following terms are used:

1) ARV is the process regulated by this Technique including procedures of the analysis of problems, determinations of the purposes and methods of regulation, assessment of the related consequences for subjects of business activity and reasons for the most preferable option of regulation;

2) analytical note - the document containing results of the carried-out ARV on the basis of which the project of regulatory legal act is developed;

3) regulation option - one of the possible methods of public relations management which are subject ARV;

4) interested persons - the subjects of entrepreneurship licensed and/or regulated by National Bank, business associations and associations of the legal entities licensed and/or regulated by National Bank state bodies and local government bodies, citizens, non-profit organizations of the civil sector who can be interested in preserving or change of the existing regulation;

5) high-quality indicators are indicators which are difficult for estimating in exact cost units, weight, length, quantities, efficiency, etc. showing the attitude of concerned parties to these or those facts, the phenomena, their preferences and assessment which are measured otsenochno;