RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of November 25, 2024 No. 713

About approval of the Procedure of control by authorized state body on regulation and supervision in the field of the antitrust law of the Kyrgyz Republic

For the purpose of realization of part 5 of article 1 of the Law of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship", 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 the Procedure of control by authorized state body on regulation and supervision in the field of the antitrust law of the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of November 25, 2024 No. 713

Procedure of control by authorized state body on regulation and supervision in the field of the antitrust law of the Kyrgyz Republic

Chapter 1. General provisions

1. The procedure of control by authorized state body on regulation and supervision in the field of the antitrust law of the Kyrgyz Republic (further - the Procedure) determines the procedure of holding the control events held by authorized state body in the field of anti-monopoly regulation (further - authorized body) by signs of overestimate (understating) of consumer prices in case of actions of the business entities contradicting the antitrust law in case of actions (bezdeystviye) of the business entities directed to change, establishment and maintenance of the prices, demand, the offer or amount of goods (works, services) in case of state regulation of the prices of socially important goods, and also motivated representation to the Eurasian economic commission.

2. In this Procedure the concepts determined by article 3 of the Law of the Kyrgyz Republic "About the competition" and article 3 of the Law of the Kyrgyz Republic "About pricing" and also the following concepts are used:

1) control action is complex of the control and analytical actions performed by authorized body for the purpose of control of observance by individual entrepreneurs, branches and representations of the legal entity, executive bodies, commercial and non-profit organizations of requirements of the antitrust law of the Kyrgyz Republic, and also the legislation of the Kyrgyz Republic in the field of pricing;

2) monitoring - the mode of the state control (supervision) consisting in the purposeful, systematic, regular, mediated obtaining and information analysis about organization activity regarding observance of the antitrust law of the Kyrgyz Republic;

3) test purchase is control action during which the authorized body performs actions for creation of situation for transaction for the purpose of check of observance by the subject of control of mandatory requirements in case of sales of goods, performance of works, rendering services to consumers;

4) check without notice (sudden) - the exit inspection which is carried out by authorized body for the purpose of the proof of acts (actions, bezdeystviye) in which the monopolistic actions, agreements (shipping conference), coordinated actions, unfair competition directed to restriction of the competition and price increase are seen;

5) raid control is the control action directed to operational identification of violations of the law of the Kyrgyz Republic in the field of anti-monopoly regulation and pricing;

6) subjects of control are individual entrepreneurs, branches and representations of the legal entity, the executive bodies and their subordinated organizations, local government bodies, state non-budgetary funds, commercial and non-profit organizations, physical persons performing activities in the corresponding goods markets of the Kyrgyz Republic.

Chapter 2. Types of control actions

3. According to this Procedure the authorized body performs the following types of control actions:

1) monitoring;

2) test purchase;

3) check without notice (sudden);

4) raid control.

4. The prior notice of subjects of control of the beginning of implementation of control actions in case of introduction of state regulation of the prices is not allowed and on signs of violations of Articles 6, of 7, and 7-1 Law of the Kyrgyz Republic "About the competition".

Chapter 3. Procedure for holding control action

5. The control action is performed based on the decision (the order, the direction, the order) authorized body (further - the direction).

6. In the direction are specified:

1) number and date of the decision (the order, the direction, the order) about holding control action;

2) type of control action;

3) name of authorized body;

4) surname, name, middle name of the official (persons) authorized on holding control action;

5) the purposes and subject of the held control event;

6) legal basis of holding control action;

7) start and end date of control action;

8) the name and the address of the subject of check or surname, name, middle name of person concerning which the control event is held.

7. The decision on holding control action is signed by the head of authorized body, his deputy or the head of territorial subdivision of authorized body and certified by seal. Only those persons who are specified in the direction can be allowed to holding control action.

8. When holding control action, the authorized body has no right to require from the subject of control of the data and the documents which are not relating to subject of control action.

9. The authorized body, its territorial subdivisions shall conduct special accounting treatment for the directions on holding control actions.

10. Monitoring can be performed using the technical means having functions of photographing audio-and videos.

11. Monitoring is performed without interaction of the authorized officer of authorized body with the subject of control or its representatives.

12. The term of carrying out monitoring is determined by the head of authorized body, his deputy or the head of territorial subdivision of authorized body, but cannot exceed 10 working days.

13. Test purchase is carried out by authorized body without the prevention of the subject of control.

14. The purpose of test purchase is check of observance by subjects of control of the mandatory requirements established by the legislation of the Kyrgyz Republic in case of sales of goods, rendering services (works).

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