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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 14, 2023 No. 678

About questions of licensing of separate types of activity

(as amended on 19-11-2024)

For the purpose of streamlining of licensed activity of state bodies, in pursuance of Articles 8, of 12, of 25, 28 Laws of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", and also according to 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:

1) Regulations on licensing of separate types of activity according to appendix 1;

2) the Procedure for carrying out licensed control according to appendix 2;

3) form of leaf of licensed check according to appendix 3;

4) form of licenses and permissions according to appendix 4.

2. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of the Ministry of natural resources, ecology and technical supervision of the Kyrgyz Republic" of November 15, 2021 No. 263 the following change:

in Regulations on the Ministry of natural resources, ecology and technical supervision of the Kyrgyz Republic approved by the above-stated resolution:

- to add the subitem 2 of Item 11 with paragraphs of the following content:

"-in the procedure established by the legislation of the Kyrgyz Republic grants the license for the right of implementation of activities for production, application, destruction of explosive materials of industrial function;

- in the procedure established by the legislation of the Kyrgyz Republic grants the license for the right of implementation of sales activity of explosives and products (except pyrotechnic);

- in the procedure established by the legislation of the Kyrgyz Republic grants the license for the right of implementation of activities for obtaining, use, conversion, education, storage, destruction of the substances capable to form explosive mixes at the filling stations making filling of cylinders the compressed and liquefied gas;

- issues permission to the right of storage and acquisition of explosive materials of industrial function;

- issues permission to the right of acquisition and realization of strong toxic agents on objects of mining industry;".

3. Recognize invalid some decisions of the Government of the Kyrgyz Republic and the Cabinet of Ministers of the Kyrgyz Republic according to appendix 5.

4. 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.

5. This resolution becomes effective after fifteen 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 December 14, 2023 No. 678

Regulations on licensing of separate types of activity

Section I. General part

Chapter 1. General provisions

1. The regulations on licensing of separate types of activity (further - the Provision) are developed in implementation of the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic" for the purpose of streamlining of activities of licensors for issue, renewal, prolongation, cancellation of licenses and (or) permissions to the performed works and (or) the rendered services.

2. The provision determines terms and the sequence of actions (procedures) when implementing powers by licensors by licensing.

3. Collection of the state fee in case of issue, renewal, issue of the duplicate of the license and (or) permission, and also when implementing recognition of the license according to the procedure of mutual recognition and unilaterally, issued by the licensor of foreign state, in the territory of the Kyrgyz Republic is performed according to the legislation of the Kyrgyz Republic on the non-tax income.

4. Licensing is performed by the licensors specified in the Section II "Special part" of this provision.

5. Activities of the licensor in the course of licensing are performed according to this Provision, requirements of the legislation regulating the sphere of licensing and also regulatory legal acts in the respective area.

6. In case of implementation of licensing with use of information technologies all processes connected with issue, renewal, suspension, renewal and cancellation of licenses and (or) permissions are performed in the automated (electronic) form. All legally significant actions and legally significant decisions are performed electronically.

7. The license and (or) permission can be drawn up as in electronic form, and on paper.

8. The documents necessary for issue of licenses and (or) permissions are requested by the licensor by means of interdepartmental electronic interaction. In this case from the applicant provision of documents in paper form is not required.

Chapter 2. Informing on rules of implementation of licensing

9. Information on procedure for licensing is posted on the official sites of licensors, information stands in buildings in which licensors and their regional divisions are located.

10. Information on procedure for licensing includes:

- urgent texts of the regulatory legal acts determining procedure for receipt of the license and (or) permission.

- list of the documents necessary for receipt of licenses and (or) permissions;

- requirements for assurance of the documents enclosed to the application;

- requirements to applicants on receipt of licenses and (or) permissions;

- the description of procedures and submission due dates and consideration of the applications on receipt of licenses and (or) permissions;

- the bases for refusal in issue of licenses and (or) permissions;

- description of appellate procedures of decisions of licensors;

- the name, the location and operating mode of licensors, consideration of claims, including regional divisions;

- size and payment procedure of the state fee.

11. Consultations concerning licensing are provided by specialists of licensors:

1) in case of the personal address (the oral addresses);

2) by phones for reference and consultations;

3) by means of electronic communication, including through the official sites of licensors;

4) according to written addresses.

Chapter 3. Results of implementation by the licensor of process of licensing

12. Results of implementation by the licensor of process of licensing are:

1) licensing and (or) permissions;

2) reasonable refusal in licensing and (or) permissions;

3) renewal of the license and (or) permission;

4) prolongation of effective period of the license and (or) permission;

5) cancellation of the license and (or) permission;

6) issue of the duplicate of the license (or) permission;

7) reasonable refusal in issue of the duplicate of the license and (or) permission;

8) recognition of the licenses granted by authorized bodies of foreign states;

9) suspension of action in the territory of the Kyrgyz Republic of the licenses granted by authorized bodies of the foreign states which are earlier recognized by the licensor;

10) application of corrective action in the form of the prevention;

11) application of corrective action in the form of imposing of penalty;

12) application of corrective action in the form of suspension of action of the license and (or) permission;

13) renewal of action of the license and (or) permission;

14) reasonable refusal in renewal of action of the license and (or) permission;

15) submission of the action for declaration in judicial authorities for consideration of question of cancellation of the decision on recognition of the license;

16) submission of the action for declaration in judicial authorities for consideration of question of cancellation of the license and (or) permission;

17) entering (change) of data on the license and (or) permission into the Unified automated (electronic) register of licenses and (or) permissions.

13. The result of implementation by the licensor of functions on licensing is drawn up in the form of the act of the licensor and kept in licensed case.

14. Upon the demand of the applicant or his representative statements from acts of the licensor or their copy are provided gratuitously.

Chapter 4. Terms of implementation of actions by the licensor in the course of licensing

15. The decision on licensing and (or) permissions or about refusal in their issue is accepted within 30 calendar days from the date of registration of a statement about licensing and (or) permission and documents attached to it.

16. The decision on renewal (about refusal in renewal) licenses and (or) permissions is accepted within 5 working days from the date of registration of a statement about renewal of the license and (or) permission with the documents attached to it.

17. The decision on prolongation (about refusal in prolongation) effective period of the temporary license and (or) permission is accepted within 5 working days from the date of registration of a statement about prolongation of effective period of the license and (or) permission with the documents attached to it.

18. The decision on cancellation of the license and (or) permission is accepted no later than 5 working days from the date of:

1) registrations of a statement of the physical person containing data on the termination of activities by it as the individual entrepreneur;

2) registrations of a statement of the legal entity, the containing data on the termination of activities by it as the individual entrepreneur;

3) expirations of the license and (or) permission;

4) registrations of a statement about making in full actions on which implementation the license and (or) permission are granted;

5) registrations of a statement in case of the voluntary termination of implementation of the licensed type of activity;

6) exceptions of separate type of activity of the list of the licensed types of activity;

7) introductions in legal force of the judgment about cancellation of the license and (or) permission;

8) receipts of the copy of the death certificate of physical person;

9) terminations of activities of the individual entrepreneur;

10) expirations of the patent for business activity;

11) entries into force of the judgment about recognition illegal issue or prolongation of effective period of the license and (or) permission.

19. The decision on pronouncement of the warning to the licensee is made within 3 working days from the date of identification of failure to carry out of licensed requirements or within 10 working days in case of decision making by collegiate organ.

20. The decision on imposing of penalty on the licensee is made within 10 working days from the date of the termination of term for the elimination of the revealed violations of licensed requirements specified in the prevention, in case of not elimination of the revealed violations.

21. The decision on suspension of action of the license and (or) permission is accepted within 5 working days from the date of detection of violation in case:

1) triple violation of licensed requirements within one year;

2) not elimination by the licensee of violations of the licensed requirements specified in the written prevention of the licensor, at the scheduled time;

3) identifications of the facts of submission of documents by the licensee with false information;

4) violations by the licensee of the licensed requirements preventing harming of life, to human health, the environment, property, public and state security.

In case of decision making by collegiate organ or carrying out unscheduled inspection the decision is made within 10 working days from the date of detection of the revealed violations.

22. The decision on renewal (refusal in renewal) actions of the license and (or) permission is accepted within 3 working days from the date of the end of licensed check on elimination of the revealed violations or within 10 working days, in case of decision making by collegiate organ.

23. The decision on submission of the action for declaration in judicial authorities for consideration of question of cancellation of the license and (or) permission is accepted within 3 working days from the date of the termination of term of elimination of the revealed violations of the licensed requirements which entailed suspension of action of the license and (or) permission. In case of decision making by collegiate organ or carrying out unscheduled inspection, the decision is made within 10 working days from the date of the termination of term of elimination of the revealed violations.

24. The decision on recognition of the license granted by authorized bodies of foreign states is accepted within 5 working days from the date of registration of a statement about recognition of the license according to the list of the licenses recognized in the territory of the Kyrgyz Republic unilaterally, the approved Cabinet of Ministers of the Kyrgyz Republic.

25. The decision on suspension of action in the territory of the Kyrgyz Republic of the licenses granted by authorized bodies of the foreign states which are earlier recognized by the licensor, and the decision on submission of the action for declaration in judicial authorities for consideration of question of cancellation of the decision on recognition of the license is made according to the procedure, determined by Items 21, 24 this provision.

26. Entering of data into the Unified automated (electronic) register of licenses and permissions is performed within 1 working day after decision making about issue, recognition, renewal, suspension, renewal, cancellation of the license and (or) permission, the introduction in legal force of the decision on cancellation of the license and (or) permission made by court.

27. The licensor after adoption of the relevant decision shall send within 3 working days to the licensee (applicant) the adopted act about:

1) to issue or about refusal in licensing and (or) permissions;

2) renewal or refusal in renewal of the license and (or) permission;

3) prolongation or about refusal in prolongation of effective period of the license and (or) permission;

4) to issue or about refusal in issue of the duplicate of the license and (or) permission;

5) recognition of the license granted by authorized bodies of foreign states;

6) pronouncement of the prevention;

7) suspension of the license and (or) permission;

8) imposing of penalty;

9) renewal of the license and (or) permission;

10) cancellation of the license and (or) permission;

11) to submission of the action for declaration in court about cancellation of the license and (or) permission.

28. The original of the license and (or) permission is issued to the applicant within 5 working days from the date of decision making about licensing and (or) permissions. In case of absence of the applicant behind receipt of the license and or permissions the licensor directs the notification on need to obtain the license and (or) permission.

29. The duplicate is issued to the licensee within 3 working days from the date of submission by the licensee of the statement for issue of the duplicate of the license and (or) permission.

Chapter 5. Documents necessary for issue, recognitions of the license and (or) permission

30. For receipt of the license and (or) permission the applicant represents to the licensor:

1) the statement with indication of:

- the full and abbreviated name and form of business of the legal entity (organization) - for the legal entity;

- surnames, name and middle name - for physical person;

- locations;

- the e-mail address to which the licensor performs correspondence;

2) the copy of the identity document - for physical person;

3) the copy of the certificate on state registration - for the legal entity and the individual entrepreneur or the copy of the patent for business activity for physical person;

4) the copy of the document confirming introduction of the state fee for consideration of the application and licensing and (or) permissions;

5) the power of attorney on the right of filing of application and the enclosed documents to the licensor in case of filing of application by the authorized representative of the applicant;

6) the inventory of the submitted documents;

7) the documents provided in the Special part of this provision for the licensed type of activity which the applicant intends to perform.

If necessary the original document and/or properly certified its copies shall be provided to the licensor.

31. For recognition of the license granted by authorized bodies of foreign states, the applicant provides to the licensor:

1) the statement for recognition of the license granted by the authorized person of foreign state with indication of the full and abbreviated name and form of business of the legal entity (organization), the place of its stay, the address of its e-mail according to which the licensor performs correspondence, the direction of decisions, notifications, notifications, bank names and rooms of the settlement account in bank, the licensed type of activity which the applicant intends to perform;

2) the original and the copy the licenses granted by the authorized person of foreign state;

3) the documents confirming legality of activities of the applicant (state registration in country of source).

32. The documents specified in Item 31 shall be certified according to requirements of consular legalization of foreign official documents or are certified by putting down of apostille, with transfer into the state and official language.

33. The requirement of the licensor about submission of documents by the applicant for issue, recognition of the license and (or) the permission which is not provided by this Chapter is forbidden.

Chapter 6. The refusal bases in documents acceptance for licensing implementation

34. The bases for refusal in documents acceptance are:

1) submission of statements and documents by person, not to the relevant requirements established by this Provision;

2) lack of one or several documents provided by this Provision for issue, renewal of the license and (or) permission, prolongation of effective period of the temporary license, suspension (renewal) and cancellation of licenses or permission, recognition of the licenses granted by authorized bodies of foreign states;

3) submission of documents with violation of the term established for filing of application about prolongation of effective period of the license;

4) submission of the documents having erasures or additions, the crossed-out words or other corrections which are not stipulated in them, the documents performed by pencil and also documents with the serious damages which are not allowing to interpret unambiguously their content.

35. The refusal in documents acceptance is not obstacle for repeated and the subsequent addresses after elimination by the applicant of the reasons which formed the basis for refusal.

The written refusal of the licensor is made to the applicant with appendix of all documents submitted by the applicant within one working day from the date of receipt of documents by the licensor.

36. The refusal in documents acceptance for implementation of licensing on the bases which are not provided by this Provision is forbidden.

Chapter 7. The refusal bases in licensing

37. The bases for refusal in licensing and (or) permissions, recognition of the license, in prolongation of effective period of the temporary license, in renewal of the license and (or) permission, renewal of action of the suspended license and (or) permission are:

1) identification in the submitted documents of the doubtful, distorted or incomplete information;

2) discrepancy of documents of the applicant to requirements, the established Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic" and this Provision;

3) availability of stipulated by the legislation prohibition on implementation of certain type of activity for this category of subjects;

4) availability of the judgment prohibiting to the applicant to be engaged in this type of activity;

5) not introduction of the state fee for consideration and licensing and (or) permissions;

6) not elimination of the revealed violations of licensed requirements.

38. The refusal in licensing and (or) permissions on the bases which are not provided by this Provision is forbidden.

Chapter 8. Licensing process

39. Process of licensing includes:

1) documents acceptance for licensing and (or) permissions;

2) the analysis of the submitted documents;

3) carrying out licensed control;

4) decision making about issue or about refusal in licensing and (or) permissions;

5) execution of the license and (or) permission;

6) issue (refusal in issue) the original (duplicate) of the license and (or) permission;

7) renewal of the license and (or) permission;

8) prolongation of effective period of the temporary license;

9) cancellation of the license and (or) permission;

10) decision making about recognition (about refusal in recognition) licenses;

11) decision making about pronouncement of the prevention;

12) decision making about imposing of penalty;

13) decision making about suspension of action of the granted (acknowledged) license and (or) permission;

14) decision making about renewal (about refusal in renewal) actions of the granted (acknowledged) license and (or) permission;

15) submission of the action for declaration in judicial authorities for consideration of question of cancellation of the license and (or) permission;

16) maintaining the Unified automated (electronic) register of licenses and (or) permissions.

Chapter 9. Documents acceptance for licensing and (or) permissions and forming of licensed case

40. The statement for licensing and (or) permissions and documents specified in Chapter 5 of this provision are registered in day of their receipt.

41. The application form affirms the licensor.

42. The list of the enclosed documents is specified in the statement.

43. In the magazine of registration of statements the name (name) of the applicant, record about sequence number of the statement, date of reception of an application, the list of the submitted documents, date of readdress of the statement is introduced in state body whose competence includes consideration of the application, date of return of the statement, details of acts of provision or about refusal in provision of the license and (or) permission, date of appeal, date and type of the made decision according to the claim, name of person responsible for conducting licensed case.

44. The copy of the application (with indication of the accepted documents) with mark about its logging is handed to the applicant.

45. The licensor creates licensed case in day of registration of a statement.

46. According to each statement one licensed case is created.

47. Licensed case includes:

1) the statement and documents attached to it;

2) the act of the prelicensed inspection which is carried out by the licensor (in the presence);

3) protocols of meetings of collegiate organ of the licensor (in the presence);

4) decisions of the licensor on licensing and (or) permissions, recognition of the license, about refusal in licensing and (or) permissions, about renewal, prolongation, suspension, renewal, the termination or cancellation of the license and (or) permission;

5) acts performed by the licensor of the licensee with the completed sheets of licensed checks;

6) copies of the license and (or) permission;

7) copies of acts of application of measure (measures) of impact;

8) statement for early termination of the license (in the presence).

48. Licensed case is stored at the licensor during the term of implementation by the licensee of the licensed type of activity.

After the termination of the licensed activities case is stored in archive of the licensor within 3 years.

Chapter 10. Decision making about issue (about refusal in issue) licenses and (or) permissions

49. The decision of the licensor on issue (refusal in issue) licenses and (or) permissions is taken out based on the analysis of the documents submitted by the applicant, results of prelicensed check (in the presence).

50. The act of the licensor of issue or refusal in licensing and (or) permissions is drawn up in duplicate within 3 working days from the date of conducting prelicensed check.

51. The act of the made decision is handed (or goes by means of mail service with the assurance of receipt to the applicant) within 3 working days after decision making about issue or about refusal in licensing and (or) permissions.

52. In case of elimination of the bases for refusal determined by Chapter 6 of this provision, the statement is subject to de novo review. In this case the term of consideration of the application about licensing and (or) permissions is estimated from the date of provision of the statement on de novo review.

53. The refusal in reception of an application according to earlier considered documents of the applicant is not allowed.

54. If the licensor within 30 calendar days in writing did not notify the applicant on refusal in licensing and (or) permissions, the license and (or) permission are considered as issued.

55. In case, stipulated in Item 54 this provision, the licensor no later than the day following behind day of the expiration for licensing and (or) permission shall enter data on provision of the license and (or) permission in the Unified automated (electronic) register of licenses and permissions and to grant to the applicant the required license and (or) permission.

Chapter 11. Registration and licensing and (or) permissions

56. In the license and (or) permission are specified:

1) the name of the licensing body;

2) complete and (if it is had) the abbreviated name and form of business of the legal entity;

3) passport data of physical person,

- for individual entrepreneurs - registration number of record about state registration of the individual entrepreneur;

- for persons performing activities on the basis of the patent - number and effective period of the patent;

4) the licensed type of activity;

5) effective period of the license and (or) permission (if certain term is established);

6) the activities implementation territory (if territorial restrictions are set);

7) date of issue and registration license number and (or) permissions;

8) identification taxpayer number.

In case of need in the license and (or) permission the list of the performed works, the rendered services constituting licensed activity is specified (in the presence of the works and (or) services constituting licensed activity).

57. The copy is made of the drawn-up original of the license and (or) permission, certified by the signature of person responsible for execution of the license and (or) permission, and joins licensed case.

58. The procedure for execution of the license and (or) permission established by this Chapter does not extend to the licenses and (or) permissions issued by bodies of foreign states.

59. The license and (or) permission is handed to the applicant or his legal representative under the signature within 3 working days from the date of decision making about licensing and (or) permissions or goes by means of mail service with the assurance of receipt.

Chapter 12. Issue (refusal in issue) the duplicate of the license and (or) permission

60. The basis for issue of the duplicate of the license and (or) permission is the address of the licensee with the statement for issue of the duplicate of the license and (or) permission in case of its loss or spoil.

61. In case of spoil of the license and (or) permission the damaged license and (or) permission is enclosed to the application.

62. In case of loss of the license and (or) permission the reference of authorized body in the field of registration of the population (lost and found) is enclosed to the application.

63. The lost, damaged licenses and (or) permissions are considered invalid from the date of submission of the statement by the licensee.

64. Within 3 working days from the date of filing of application the licensor makes issue of the duplicate of the license and (or) permission with text "Duplicate" in the right upper corner of the form of the license.

65. The duplicate is certified by the signature of the authorized officer and the licensor's seal.

66. The licensee has the right to appeal judicially the decision of the licensor on refusal in issue of the duplicate of the license and (or) permission.

67. In case of issue of the new license and (or) permission its duplicate is withdrawn by the licensor.

68. Duplicates of the lost or damaged licenses and (or) permissions issued by bodies of foreign states are not issued.

Chapter 13. Renewal of the license and (or) permission

69. The license and (or) permission is subject to renewal in the following cases:

1) reorganization of the legal entity;

2) changes of the name of the legal entity;

3) changes of surname, name, middle name of physical person;

4) alienations of the license to use of limited state resources;

5) prolongation of effective period of the license;

6) restructurings of the legal entity.

70. The statement for renewal of the license and (or) permission with indication of the basis for renewal and new data, with application of documents, confirming corresponding changes, moves the licensee to the licensor within 15 working days from the date of emergence of the bases for renewal.

71. The arrived documents in day of their registration join licensed case of the licensee.

72. The decision on renewal or on refusal in renewal of the license and (or) permission within 3 working days from the date of its acceptance is handed to the licensee under the signature or goes by means of mail service with the assurance of receipt.

73. Registration and issue to the renewed license and (or) permissions are performed according to the procedure, established by Chapter 11 of this provision.

74. In case of renewal of temporary licenses aggregate term of action of the license does not change.

Chapter 14. Prolongation of effective period of the temporary license

75. The basis for prolongation of effective period of the temporary license is the address of the licensee with the statement for prolongation of effective period with application of documents, necessary for primary receipt of the license.

76. The application for prolongation of effective period of the license is submitted to the licensor not earlier than before 90 calendar days and not later than 30 calendar days before the termination of effective period of the license.

77. The arrived documents in day of their registration join licensed case of the licensee.

78. Person responsible for consideration of the application about prolongation of effective period of the license, performs the submitted documents according to the procedure, established by Chapter 9 of this provision.

79. If necessary prelicensed inspection is carried out.

80. The decision on prolongation of effective period of the license or on refusal in prolongation of this term is accepted according to the procedure, established by Chapter 10 of this provision.

81. Terms of adoption by the licensor of the decision on prolongation of effective period of the license or about refusal in prolongation of this term cannot exceed the terms established for decision making about licensing or about refusal in its issue.

82. To the licensor the new license containing the data identical to the data specified in the license which term expired with new effective period is drawn up.

83. The copy is made of the original of the license, certified by the signature of the specialist responsible for registration, and joins the licensed case opened at the time of issue of the previous license.

Chapter 15. Cancellation of the license and (or) permission

84. Action of the license and (or) permission stops in cases:

1) addresses of the licensee with the statement for cancellation of the license and (or) permission;

2) the terminations by physical person of the licensed type of activity as the individual entrepreneur;

3) expirations of the patent of physical person;

4) liquidations of the legal entity;

5) expirations of the license and (or) permission;

6) making in full actions, transactions on which implementation the license and (or) permission are granted;

7) statements the licensee (the legal successor of the licensee) about voluntary early termination it implementation of the licensed type of activity;

8) exceptions of separate type of activity of the list of the licensed types of activity;

9) introductions in legal force of the judgment about cancellation of the license and (or) permission, recognition illegal issues or license renewals and (or) permissions;

10) recognitions of physical person incapacitated or his death.

85. Voluntary early termination of action of the license and (or) permission is performed based on the statement of the licensee to which the original of the stopped license and (or) permission is put.

In case of receipt of the statement for early termination of action of the license and (or) permission the licensor has the right to request from the licensee of the data for the period, not covered by scheduled licensed inspection. Required data cannot be beyond the leaf of licensed check applied to this type of activity.

86. The statement and the enclosed documents in day of their registration join licensed case of the licensee.

87. The decision on early termination of action of the license and (or) permission is accepted within 10 working days from the date of receipt of the corresponding statement or approach of the circumstances specified in Item 85 of this provision.

88. Within 3 working days from the date of acceptance the decision is handed to the licensee under the signature or goes by means of mail service with the assurance of receipt.

89. In case of cancellation of the license and (or) permission the licensor enters data on cancellation of the license and (or) permission in the Unified automated (electronic) register.

90. The license and (or) permission are recognized terminated from the date of entering of data into the Unified automated (electronic) register.

Chapter 16. Recognition (refusal in recognition) the licenses granted by authorized bodies of foreign states

91. Recognition of the licenses for the territories of the Kyrgyz Republic granted by authorized bodies of foreign states is performed according to the procedure of mutual recognition of licenses, based on international agreements, and also unilaterally.

92. According to the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic licenses for the separate types of activity granted by authorized bodies of foreign states are recognized acting in the territory of the Kyrgyz Republic without carrying out supplementary procedures of licensing and without issue of the national license by entering by the licensor of data on licenses of foreign states into the Unified automated (electronic) register.

93. Only those licenses granted by licensors of foreign states which licensed requirements are identical are subject to inclusion in the list of the licenses specified regarding 3rd article 27 of the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", recognized in the territory of the Kyrgyz Republic unilaterally or exceed the requirements established by the legislation of the Kyrgyz Republic.

94. The list of the licenses recognized in the territory of the Kyrgyz Republic unilaterally shall contain the names of licenses and the state which granted these licenses.

95. The procedure of recognition of licenses unilaterally is based on the procedure of check of authenticity submitted licenses and documents and inclusions of data on recognition of licenses in the Unified automated (electronic) register.

96. For inclusion in the Unified automated (electronic) register of data on recognition of action of the license for the territories of the Kyrgyz Republic granted by authorized body of foreign state, the applicant files petition for recognition of the license to the corresponding licensor with provision of the documents specified in Item of 31 this provision.

97. The licensor performs verification of the provided documents within 3 working days and enters in the Unified automated (electronic) register of the data on recognition of action of the specified license for the territories of the Kyrgyz Republic.

98. If the license granted by authorized body of foreign state is limited to effective period, action of the acknowledged license for the territories of the Kyrgyz Republic respectively is subject to restriction for effective period of the license granted by foreign state.

99. In case of violation by the licensee which license is acknowledged in accordance with the established procedure of the licensed requirements established by the legislation of the Kyrgyz Republic for implementation of the corresponding type of activity which is subject to licensed regulation, the licensor can suspend the decision the specified license for the territories of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic" or the decision on recognition of the license can be cancelled judicially based on the address of the licensor in case of not elimination of the reasons for which the licensor suspended the license.

100. The licensee has the right to appeal the decision of the licensor on suspension of action of the acknowledged license of foreign state judicially.

Chapter 17. State registration of licenses and (or) permissions

101. State registration of licenses is performed by means of entering of data into the Unified automated (electronic) register of licenses and permissions (further - the Register).

102. The Register joins information on the granted licenses and permissions in the Kyrgyz Republic, and also the granted licenses licensors of the foreign states recognized in the territory of the Kyrgyz Republic.

103. The register is the official source confirming legal status of licenses and permissions. State bodies for implementation of the powers shall obtain information on licenses and permissions from the Register without additional reclamation of confirmation of the specified information from physical persons and legal entities.

104. In the Register the following data are specified:

1) complete and (if is available) the abbreviated name, including trade name and form of business of the legal entity, legal address;

2) surname, name, middle name of physical person, the place of his residence, data of the document proving his identity for individual entrepreneurs - registration number of record about state registration of the individual entrepreneur or number of the patent;

3) the licensed type of activity and type of actions;

4) activities implementation territory;

5) effective period of the license and (or) permission;

6) identification taxpayer number;

7) date of issue and registration license number and (or) permissions;

8) basis and term of suspension and renewal of action of the license and (or) permission;

9) basis and date of the termination of the license and (or) permission.

105. Information part of the Register includes:

1) the list of the licenses and permissions issued in the territory of the republic;

2) references to the regulatory legal acts determining procedure for receipt of the license or permissions;

3) list of the documents necessary for receipt of licenses and permissions;

4) requirements to applicants for receipt of licenses and permissions;

5) the description of procedures of giving and consideration of the applications on receipt of licenses and permissions;

6) the bases for refusal in issue of licenses and permissions;

7) description of appellate procedures of decisions of licensing authorities;

8) the name, the location and working hours of the bodies performing issue of licenses and permissions, consideration of claims including regional divisions;

9) size and payment procedure of the state fee.

106. The state bodies performing issue of licenses and permissions keep the Register, and also provide reliability and relevance of information part of the Register.

107. The state bodies performing issue of licenses and permissions have the right to refer only to the data and requirements included in information part of the Register.

108. The register is posted on the official site of authorized body on development of entrepreneurship, and also on the official sites of licensors and is open, except for data, access to which is limited by the legislation of the Kyrgyz Republic on the state secrets and trade secret.

Section II. Special part

Chapter 18. Features of licensing of production, transfer, distribution, sale, export and import of electrical energy

109. The license for production, transfer, distribution, sale, export and import of electrical energy (except for productions of the electrical energy received as a result of use of renewable energy resources, and also production of electrical energy from any power sources for own use in case of capacity to 1000 kW) is issued by authorized state body on fuel and energy complex regulation.

110. The license for production, transfer, distribution, sale, export and import of electrical energy (except for productions of the electrical energy received as a result of use of renewable energy resources, and also production of electrical energy from any power sources for own use in case of capacity to 1000 kW) is termless, inaliennable and acts on all territory of the Kyrgyz Republic.

111. For implementation of activities for production of electrical energy (except for productions of the electrical energy received as a result of use of renewable energy resources, and also production of electrical energy from any power sources for own use in case of capacity to 1000 kW) the applicant in addition submits the following documents:

1) data on bank details (for legal entities);

2) the positive conclusion of authorized state body on supervision and control in the field of technical safety about compliance of the equipment and infrastructure to regulations of technical safety;

3) data on availability of the qualified specialists providing high-quality and safe implementation of the licensed activities (the copy of diplomas, service records, certificates or certificates on education or qualification);

4) the copy of the order on the responsible specialist for electrical facilities;

5) the explanatory note with complete description of material equipment and intentions on the licensed type of activity;

6) copies of the documents (the agreement of purchase sale/donation, the act of balance sheet accessory or other document) confirming availability in property of the necessary equipment for production of electrical energy.

112. For implementation of sales activity of electrical energy by the applicant the following documents are in addition submitted:

1) data on bank details (for legal entities);

2) the positive conclusion of authorized state body on supervision and control in the field of technical safety about compliance of the equipment and infrastructure to regulations of technical safety;

3) data on availability of the qualified specialists providing high-quality and safe implementation of the licensed activities (the copy of diplomas, service records, certificates or certificates on education or qualification);

4) the copy of the order on the responsible specialist for electrical facilities;

5) the explanatory note with complete description of material equipment and intentions on the licensed type of activity;

6) copies of the documents (the agreement of purchase sale/donation, the act of balance sheet accessory or other document) confirming availability in property of the necessary equipment for sale of electrical energy (except as specified export and/or import of electrical energy by means of the equipment of the third parties);

7) copies of the documents confirming possibility of acquisition of electrical energy from the third parties (contracts, agreements of intentions, official letters), except as specified when the applicant himself is producer (generator) of electrical energy.

113. For implementation of activities for transfer of electrical energy by the applicant the following documents are in addition submitted:

1) data on bank details (for legal entities);

2) the positive conclusion of authorized state body on supervision and control in the field of technical safety about compliance of the equipment and infrastructure to regulations of technical safety;

3) data on availability of the qualified specialists providing high-quality and safe implementation of the licensed activities (the copy of diplomas, service records, certificates or certificates on education or qualification);

4) the copy of the order on the responsible specialist for electrical facilities;

5) the explanatory note with complete description of material equipment and intentions on the licensed type of activity;

6) copies of the documents (the agreement of purchase sale/donation, the act of balance sheet accessory or other document) confirming availability in property of the necessary equipment for transfer of electrical energy;

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