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LAW OF THE KYRGYZ REPUBLIC

of August 6, 2007 No. 134

About amnesty in connection with legalization of money, personal and real estate

(as amended of the Law of the Kyrgyz Republic of 23.12.2016 No. 217)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 18, 2007

This Law, for the purpose of attraction of additional resources in economy of the Kyrgyz Republic, regulates holding exclusively single action by the state on legalization of money, personal and real estate and establishes the legal basis and procedure for legalization of income of physical persons and legal entities of all patterns of ownership gained as a result of acquisition, ownership, use or the order by financial resources, property and property rights, intellectual property items and other objects of the civil laws and provisions of the state guarantees of their immunity.

Article 1. Basic concepts

Legalization of money, personal and real estate - collateral actions of banks, financial credit institutes, public institutions, tax and other authorities, including physical persons, on giving to object of legalization of the legal status by results of its declaring.

Object of legalization - money in any currency (bank deposits), the personal and real estate which is both in the territory of the Kyrgyz Republic, and beyond its limits, the property rights, the economic benefit received from economic activity which are earlier not declared according to the procedure, established by the legislation of the Kyrgyz Republic.

Personal estate - vehicles, money (in national and foreign currency), securities, share of the capital belonging to the subject of legalization in the companies, jewelry from precious and semiprecious metals, semi-precious stones and stones, livestock and other living creatures, except invaluable, financial and other property requirements in relation to citizens and legal entities, and also the property having cultural value, and the old times objects recognized as those according to the procedure, established by the legislation of the Kyrgyz Republic.

Real estate (real estate) - the parcels of land, subsoil plots, the isolated water objects and everything that is firmly connected with the earth which movement without disproportionate damage to their appointment is impossible, including the woods, long-term plantings, buildings, constructions and another.

The subject of legalization - citizens of the Kyrgyz Republic, foreign citizens, and equally legal entities having the income in the Kyrgyz Republic, and also beyond its limits, the legalizations which declared in relevant organs availability of objects at them.

Other person - citizens of the Kyrgyz Republic, foreign citizens, and equally legal entities who do not have any relation to object of legalization, but concluded the void civil transactions by registration of alien hidden property or execution of the illegal registration certificate not addressed to the founder or the authorized person, and anonymously - on the name.

The commission on carrying out legalization of money, personal and real estate (further - the Commission) - the republican commission created by the Government of the Kyrgyz Republic and the local commissions created under local public administrations and local government bodies, consisting of representatives of the state bodies authorized on decision about legalization or about refusal in legalization of money, personal and real estate, the rights to which are not drawn up according to the legislation of the Kyrgyz Republic.

Economic activity - independent activities of the subject of legalization for production and (or) sales of goods (works, services), and also any other activities directed to profit earning (income) irrespective of results of such activities.

Article 2. Application of this Law

This Law extends the action to subjects of legalization, legalizing and legalized the object of legalization belonging to them received from economic activity prior to the beginning of legalization term, including drawn up on other person, except for money, the personal and real estate specified in article 3 of this Law.

Article 3. The money, personal and real estate which are not subject to legalization

Legalizations money, personal and real estate are not subject:

1) received as a result of making of crimes according to Articles 124, 210 - 213, 226, 230, 241, 247, 252, 254, 303, 310-314 Criminal codes of the Kyrgyz Republic;

2) the rights to property which are challenged judicially;

3) provision of the rights on which are not allowed by the laws of the Kyrgyz Republic;

4) the money received as the credits.

Article 4. Evaluation procedure of object of legalization

Legalization project cost after provision of the document confirming the property right of the subject of legalization to specific object is determined by the subject of legalization by the average market prices of the moment of filing of application about legalization in relevant organs.

Article 5. Procedure for legalization

1. Legalization is performed by voluntary declaring by the subject of legalization:

1) money (in national and foreign currency) - in the banks and financial credit institutes determined by National Bank of the Kyrgyz Republic;

2) vehicles - in bodies of the state automobile inspectorate;

3) real estate - in bodies for registration of the rights to the real estate;

4) securities, share of the capital belonging to it in the companies - in bodies for financial supervision, audit and the reporting;

5) other types of personal estate which are not listed above - in the commissions created under local public administrations and local government bodies.

2. Subjects of legalization pay one-time payment for legalization of money, personal and real estate in the amount of:

1) 5% of cash amount which arrived into the special deposit account;

2) 5% of cost of the declared property.

3. Registration of a statement about legalization in form according to appendices No. 1 and No. 2 to this Law is made in the bodies specified in Item 1 of this Article.

4. The bodies specified in Item 1 of this Article shall adopt the statement of the subject of legalization for legalization of money, personal and real estate on registration and after payment of one-time payment for legalization to issue the document confirming receipt of the registration application.

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