RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 29, 2023 No. 515

About some measures for questions of procedure for transfer to state-owned property and destructions of the confiscated, ownerless and heirless property

For the purpose of implementation of article 69 of the Criminal code of the Kyrgyz Republic, article 540 of the Code of the Kyrgyz Republic about offenses, article 108 of the Code of the Kyrgyz Republic about the non-tax income, article 95 of the Law of the Kyrgyz Republic "About the status of legal executives and about enforcement proceeding", according to article 91 of the Constitution of the Kyrgyz Republic, 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 transfer to state-owned property and destructions of the confiscated, ownerless and heirless property according to appendix.

2. The property accepted by tax authorities, but not realized at the time of entry into force of this resolution is subject to transfer to authorized bodies according to their competence according to Item 16 of the Provision specified in Item 1 of this resolution.

3. Determine that all expenses following from this resolution are performed within means of the state bodies provided for the corresponding year.

4. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of subordinated divisions of the Ministry of Finance of the Kyrgyz Republic" of December 10, 2021 No. 302 the following change:

- in Regulations on the State Tax Administration under the Ministry of Finance of the Kyrgyz Republic approved by the above-stated resolution:

the fourteenth the subitem 3 of Item 14 to declare the paragraph invalid.

5. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of the State agency on management of state-owned property under the Cabinet of Ministers of the Kyrgyz Republic" of May 29, 2023 No. 291 the following changes:

- in Regulations on the State agency on management of state-owned property under the Cabinet of Ministers of the Kyrgyz Republic approved by the above-stated resolution:

to add the subitem 1 of Item 12 with the paragraph the eighteenth the following content:

"-implementation of accounting of the confiscated, ownerless and heirless property;";

add Item 13 with subitem 25-1 of the following content:

"25-1) to perform accounting of the confiscated, ownerless and heirless property, including with involvement of other state bodies, physical persons and legal entities;".

6. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on accounting treatment, estimates and the realization confiscated, the ownerless and passed on inheritance right to the state property" of October 3, 2014 No. 575.

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

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of September 29, 2023 No. 515

Regulations on procedure for transfer to state-owned property and destructions of the confiscated, ownerless and heirless property

1. General provisions

1. This Regulations on procedure for transfer to state-owned property and destructions of the confiscated, ownerless and heirless property (further - the Provision) determine procedure for the address to the income of the state of the property seized by a court decision within criminal cases and cases on offenses, and also accounting treatment, estimates, realization and destructions of the confiscated, ownerless, heirless property.

2. The confiscated, ownerless or heirless property is reported to the relevant authorized bodies or the organizations (further - authorized body or authorized bodies) according to this Provision.

3. The address to the income of the state of money and securities is performed by legal executives according to the legislation of the Kyrgyz Republic on the status of legal executives and on enforcement proceeding.

The property withdrawn from civil circulation and limited in civil circulation is subject to transfer by legal executives to the relevant state body.

The accounting treatment, estimates and realization of property established by this Provision does not extend to other property which arrived in property of the state concerning which the legislation of the Kyrgyz Republic establishes special accounting treatment, estimates and realization.

4. Determinations in this Provision are applied in the value established by the Civil code of the Kyrgyz Republic, the Criminal code of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses and the Law of the Kyrgyz Republic "About the status of legal executives and about enforcement proceeding".

2. Reception-transmission, accounting, assessment and realization of the confiscated, ownerless and heirless property

5. The following property is reported to authorized bodies from legal executives:

1) confiscated within criminal cases;

2) confiscated within cases on offenses;

3) the ownerless real estate recognized arrived in state-owned property according to the statement of authorized body;

4) the heritable property recognized escheated which the relevant organ of local self-government refused.

6. The legal executive after taking measures according to the legislation of the Kyrgyz Republic on the status of legal executives and on enforcement proceeding sends to authorized body in the sphere of management of state-owned property the letter notification on acceptance in state-owned property of property. The copy of the executive document on confiscation certified in accordance with the established procedure, court resolution, and also the documents allowing to identify personal and real estate is attached to the specified letter notification.

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