LAW OF THE KYRGYZ REPUBLIC

of August 8, 2023 No. 168

About the state monopoly for production, import, storage and realization of ethyl alcohol and state regulation of production of alcoholic products

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 22, 2023

This Law establishes the legal basis of production, import, storage and realization of ethyl alcohol and state regulation of alcoholic products in the territory of the Kyrgyz Republic.

Chapter 1. General provisions

Article 1. Purposes of this Law

The purpose of this Law is establishment of the state monopoly for production, import, storage and realization of ethyl alcohol, and also ensuring effective state regulation of production of alcoholic products in the territory of the Kyrgyz Republic.

Article 2. Coverage of this Law

Operation of this Law extends to the relations which participants are the legal entities irrespective of legal forms and patterns of ownership performing activities for production, import, storage and realization of ethyl alcohol and alcoholic products and also the individual entrepreneurs enabling retail sale of alcoholic products.

Article 3. The main determinations used for the purposes of this Law

In this Law the following determinations are applied:

1) ethyl alcohol - the alcoholic products with a strength at least 88 percent representing the water solution of ethanol made by method of spirit fermentation sakharo-and starch-containing raw materials (except for fruit) with the subsequent distillation and (or) bragorektifikatsiy distiller's wort or rectification of ethyl alcohol raw, containing the accompanying flying impurity, and also received from the head fraction of ethyl alcohol made of food raw materials, and the products of conversion which are formed in case of production of ethyl alcohol, vodka, alcoholic beverage products. Ethyl alcohol is subdivided into ethyl crude alcohol and the rectified ethyl alcohol. For production of ethyl alcohol the food raw materials specified in the list according to appendix 2 to the Technical regulation of EEU "About safety of alcoholic products" are used (TR EEU 047/2018);

2) the rectified ethyl alcohol - the ethyl alcohol with a strength at least 96 percent made by method of spirit fermentation sakharo-and starch-containing raw materials from the subsequent bragorektifikatsiy distiller's wort or rectification of ethyl alcohol raw, and also the head fraction of ethyl alcohol made of food raw materials, and the products of conversion which are formed in case of production of ethyl alcohol of food raw materials, vodka, alcoholic beverage products, and containing the accompanying flying impurity;

3) ethyl crude alcohol - the ethyl alcohol with a strength less than 96 percent made by distillation of mature distiller's wort, intended for production of the rectified ethyl alcohol and containing the accompanying flying impurity;

4) the denatured ethyl alcohol (denatured alcohol) - ethyl alcohol to which are added unpleasant smell or taste of substance, soluble in alcohol and not allocated from it by the elementary physical and chemical methods (distillation, winterizing, filtering, etc.);

5) alcohol-containing products - food or non-food products with content of ethyl alcohol of more 0,5 of percent of amount of finished goods;

6) alcohol-containing food products - the alcoholic products with volume fraction of ethyl alcohol of more 0,5 of percent representing alcohol-containing semifinished products for production of alcoholic products, including the fruit fermented wine materials, the fruit sbrozhenno-alcoholized wine materials, must grape, the must fruit alcoholized the mashes alcoholized, the alcoholized juice, the alcoholized infusions, the alcoholized fruit drinks, fragrant alcohols, aqueous-alcoholic extracts, the concentrated food bases, food fragrances, other semifinished products;

7) alcohol-containing non-food products - the non-food products (including the denatured alcohol-containing products, alcohol-containing perfumery and cosmetic products, any solutions, emulsions, suspensions) made with use of ethyl alcohol, other alcohol-containing products or alcohol-containing production wastes of ethyl alcohol, with content of ethyl alcohol of more 0,5 of percent of amount of finished goods;

8) the denatured alcohol-containing products - the alcohol-containing non-food products containing denaturant substances in the concentration provided by this Law;

9) alcoholic products - the food products made without use or with use of the ethyl alcohol made from food raw materials and (or) alcohol-containing food products with volume fraction of ethyl alcohol of more 0,5 of percent, except for products included in the list provided by appendix 1 to the Technical regulation of EEU "About safety of alcoholic products" (TR EEU 047/2018). Alcoholic products are subdivided into such types as ethyl alcohol, alcoholic drinks, low alcohol drinks, wine-making products, distillates, brewing products, medovarenny products, alcohol-containing food products;

10) drinking ethyl alcohol - the rectified ethyl alcohol with content of ethyl alcohol no more than 95 percent of amount of finished goods made from food raw materials and divorced the softened water;

11) alcoholic drinks - the alcoholic products made with use of the rectified ethyl alcohol and (or) alcohol-containing food products, and (or) other alcoholic products;

12) anhydrous (absolute) alcohol - the conditional concept applied in calculations;

13) production of ethyl alcohol, alcoholic and alcohol-containing products - production of such products by the organization for the purpose of its sale and profit earning, and also for own needs;

14) turnover of ethyl alcohol and (or) alcoholic products - import, export, storage, wholesale and (or) retail sale;

15) cognac alcohol - the alcohol received by fractional distillation of cognac wine materials;

16) wholesale - realization of alcoholic products to the business entities performing activities for retail sale of alcoholic products;

17) rectification (bragorektifikation) - the method of separation of multi-component liquid mixtures based on different distribution of formulation components between liquid and steam phases;

18) retail sale - the realization of alcoholic products for its consumption enabled according to the procedure, established by the Cabinet of Ministers of the Kyrgyz Republic;

19) capacity of the capital processing equipment for production of alcoholic products (production facility) - the maximum annual production of alcoholic products on the capital processing equipment expressed in decalitres. The procedure of payments of capacity of the capital processing equipment for production of alcoholic products is established by the Cabinet of Ministers of the Kyrgyz Republic;

20) the regulation of the minimum use of production capacity - is established at a rate of not less than 50 percent of the minimum annual production of alcoholic products on the capital processing equipment, expressed in decalitres. The list of the capital processing equipment is established by the Cabinet of Ministers of the Kyrgyz Republic;

21) decalitre - one of the main volume measures in alcoholic industry, by determination is equal to ten liters.

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