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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 22, 2023 No. 155

About procedure for forming and maintaining the automated electronic register of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic and measures for their decision

(as amended of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 29.12.2023 No. 730)

For the purpose of ensuring development of economic activity of subjects of entrepreneurship, improvement of the investment climate, according to article 15 of the Law of the Kyrgyz Republic "About protection of the rights of entrepreneurs", 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 Regulations on procedure for forming and maintaining the automated electronic register of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic and measures for their decision according to appendix 1.

2. Form the interdepartmental commission on determination of the factors which are adversely influencing economic activity of subjects of entrepreneurship, to their entering into the Register of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic (further - the Commission), in structure according to appendix 2.

3. Determine:

- The Ministry of Economy and Trade of the Kyrgyz Republic the operator Reestra of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic (further - Reestr);

- plenipotentiaries of the President of the Kyrgyz Republic in areas responsible for forming of the list of the factors which are adversely influencing economic activity of subjects of entrepreneurship, and the direction for consideration of the Commission;

- the city halls of the cities of Bishkek and Osh (under approval) responsible for forming of the list of the factors which are adversely influencing economic activity of the subjects of entrepreneurship arriving from the subjects of entrepreneurship performing activities in the territory of the respective cities and the direction for consideration of the Commission.

4. To the Ministry of Economy and Trade of the Kyrgyz Republic together with the Ministry of digital development of the Kyrgyz Republic to take measures for development and start of the Register till December 31, 2024.

4-1. To render the ministry of digital development of the Kyrgyz Republic assistance in creation of the specification on creation of the Register.

5. To heads of state bodies of the executive authority to take measures for the solution of the revealed factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic.

6. To the ministries and departments of the Kyrgyz Republic to take the measures following from this resolution.

7. 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.

8. This resolution becomes effective after ten days from the date of official publication.

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 March 22, 2023 No. 155

Regulations on procedure for forming and maintaining the automated electronic register of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic and measures for their decision

1. General provisions

1. This Provision determines procedure for forming and maintaining the automated electronic register of the factors which are adversely influencing economic activity of subjects of entrepreneurship in the Kyrgyz Republic and measures for their decision (further - the Register).

Implementation of activities for the Register is conducted in form according to appendix 1 to this Provision.

2. The basic concepts used in this Provision:

adverse factor - the reason which is negatively influencing economic activity of subjects of entrepreneurship;

The register - the automated electronic system of the code of the factors which are adversely influencing economic activity of subjects of entrepreneurship;

authorized body - the state body performing functions on development of state policy on development of business activity responsible for forming and maintaining the Register;

the commission - the interdepartmental commission on determination of the factors which are adversely influencing economic activity of the subjects of entrepreneurship which are subject to entering into the Register under the chairmanship of the head of authorized body;

responsible body - the authorized state body performing functions on development and realization of policy in the corresponding industry in which there was adverse factor;

the passport of factor - the approved form according to appendix 2 to this Provision including information on system adverse factors;

registration of factors - fixing (record) in the Register is performed in electronic and digital format;

the operator - state/municipal body or other organization, authorized to perform administration of maintaining the Register.

3. Treat adverse factors:

1) the factor which entailed system fixed costs and losses when implementing business activity;

2) the factor which entailed corruption risks in state body and local government body of the Kyrgyz Republic;

3) the factor which arose because of collisions in regulatory legal acts and also non-executions of regulatory legal acts by authorized state bodies;

4) the factor which arose in the course of access to infrastructure facilities (access to engineering networks / irrigations / to transport ways);

5) the factor which arose in the course of provision of the state services and issue of licensed and allowing documents;

6) the factor which arose in the course of actions or failure to act of officials of the state and municipal authorities, and also other forms of interaction of the subject of entrepreneurship with the state or municipal body.

4. In the passport of factor the following details are reflected:

- description of adverse factor;

- origins of adverse factor;

- how and during what period of time the adverse factor is fixed;

- applicant (union (consolidation/association) of subjects of entrepreneurship);

- territorial arrangement (region);

- type of the subject of entrepreneurship (small, medium, industrial enterprise);

- industry and type of economic activity;

- the authorized state body performing functions on development and realization of policy in the corresponding industry in which there was adverse factor;

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