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The document ceased to be valid since March 13, 2018 according to Item 2 of the Order of the Government of the Kyrgyz Republic of  January 29, 2018 No. 56

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 6, 2007 No. 533

About procedure for conducting checks of subjects of entrepreneurship and determination of the list of the authorized bodies having the right to conducting checks of subjects of entrepreneurship

(as amended on 31-03-2016)

For the purpose of implementation of the Law of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship" the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Regulations on procedure for conducting checks of subjects of entrepreneurship;

- The paragraph third Item 1 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 31.03.2016 No. 167

2. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 09.03.2012 No. 166

3. Determine the Ministry of Economics of the Kyrgyz Republic the authorized state body performing functions of support and development of entrepreneurship in the Kyrgyz Republic.

4. Determine that:

- to the solution of question of transformation of social contributions to the social tax function of collection and control of correctness of calculation and payment of social assignments is included only into competence of Social fund of the Kyrgyz Republic;

- carrying out time inspections is not check and is performed by Authorized tax authority together with representatives of the Ministry of Economics of the Kyrgyz Republic, National Statistical Committee of the Kyrgyz Republic, local government bodies and business associations.

5. To differentiate functions of implementation of the state control and supervision of production of precious metals in the following procedure:

- The State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic exercises control and supervision of technological production stages before process of refining;

- Management of precious metals under the Ministry of Finance of the Kyrgyz Republic exercises assay supervision of activities of legal entities and physical persons, irrespective of patterns of ownership, since process of refining, production, production and realization of jewelry of precious metals.

6. Ceased to be valid the Order of the Government of the Kyrgyz Republic of 25.09.2008 No. 536.

7. Prohibit to the Ministry of Transport and Communications of the Kyrgyz Republic to establish posts of the state transport inspection in the territory of the Kyrgyz Republic (except for control on boundary and customs posts).

 Paragraph two of Item 7 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 19.06.2013 No. 358

8. To authorized state body in the sphere of the antimonopoly policy when implementing the activities not to go beyond the powers determined by the legislation of the Kyrgyz Republic by consumer protection and the antitrust law.

9. Questions of enhancement and regulation of allowing procedures and carrying out the state control and supervision in the field of construction and subsurface use, and also in the field of certification and standardization of products to consider taking into account the carried-out work on implementation of the analysis of regulating impact (ARI) of the legislation of the Kyrgyz Republic.

10. Recommend to local government bodies:

- transfer functions on consumer protection to the public organizations performing the activities in the field of consumer protection;

- allocate inspectorates for consumer protection of local government bodies with functions of rendering legal and information support of the public organizations performing the activities in the field of consumer protection, consultations, acceptance of claims, offers, their transfer to competent authorities for acceptance of the measures established by the laws, and monitoring of execution of the made decisions on consumer protection;

- consider as model the project of standard regulations on service on consumer protection according to appendix No. 1.

11. To the authorized bodies having the right to conducting checks of subjects of entrepreneurship in 2-month time:

- develop and adopt the regulatory legal acts specified in Item 1.7. Regulations on procedure for conducting checks of subjects of the entrepreneurship approved by this resolution;

- develop and adopt the instructions regulating procedures of relations between the head and employees performing checks, their rights and obligation and also interaction with other authorized bodies and their officials concerning conducting complex checks, exchange of information.

12. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 01.07.2013 No. 395

13. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 01.07.2013 No. 395

14. Voided according to the Order of the Government of the Kyrgyz Republic of 01.07.2013 No. 395

15. Voided according to the Order of the Government of the Kyrgyz Republic of 01.07.2013 No. 395

16. To the Ministry of Finance of the Kyrgyz Republic to make offers on strengthening of measures of administrative and criminal liability for violation of the regulations of the legislation establishing requirements to branding and rules of the address of precious metals and products from them in a month.

17. To the authorized bodies performing checks of activities of subjects of entrepreneurship, to local public administrations and local government bodies:

- provide accomplishment of the Law of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship" and this resolution;

- the paragraph third ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 01.07.2013 No. 395

18. Confer the personal responsibility for accomplishment of the Law of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship" and this resolution on heads of state bodies of the executive authority.

19. To the Ministry of Economics of the Kyrgyz Republic:

- following the results of every half-year till the 25th following the accounting period to provide information in the Government of the Kyrgyz Republic on accomplishment of this resolution;

- together with the interested ministries and departments, representatives of business community on permanent basis to carry out work on explanation of the changes made to procedures of conducting checks of subjects of entrepreneurship both for employees of monitoring bodies, and for representatives of subjects of entrepreneurship.

20. To the authorized bodies having the right to the conducting checks of subjects of entrepreneurship all earlier approved directions (instructions) on conducting checks issued for the period after the date of entry into force of this resolution without fail to reconcile with the Ministry of Economics of the Kyrgyz Republic and its territorial subdivisions.

21. The regulatory legal acts of the ministries and departments of the Kyrgyz Republic regulating the procedures of conducting checks of subjects of entrepreneurship which did not enter the inventory report of regulatory legal acts of the Kyrgyz Republic on checks according to appendix No. 2 to this resolution are not applied and are subject to cancellation.

22. Recognize invalid:

- the order of the Government of the Kyrgyz Republic of April 4, 2002 No. 194 "About procedure for conducting checks of activities of subjects of entrepreneurship by the state monitoring bodies", except for the list of the authorized state monitoring bodies having the right to conducting checks of subjects of the entrepreneurship approved by the specified resolution. Consider this list by the Jogorku Kenesh of the Kyrgyz Republic of the list of the authorized bodies having the right to conducting checks of subjects of the entrepreneurship specified in Item 2 of this resolution which voided from the moment of approval;

- the order of the Government of the Kyrgyz Republic of September 29, 2006 No. 707 "About modification and amendments in the order of the Government of the Kyrgyz Republic of April 4, 2002 No. 194 "About procedure for conducting checks of activities of subjects of entrepreneurship by the state monitoring bodies";

- the order of the Government of the Kyrgyz Republic of February 3, 2006 No. 44-r;

- the list of regulatory legal acts of the state bodies subordinated to the Government of the Kyrgyz Republic according to appendix No. 3 to this resolution.

23. This resolution becomes effective after 15 days from the date of official publication.

24. To impose control over the implementation of this resolution on department of economy and investments of Government office of the Kyrgyz Republic.

Acting as Prime Minister

A. Atambayev

Appendix No. 1

to the Order of the Government of the Kyrgyz Republic of November 6, 2007 No. 533

The project Standard regulations on service on consumer protection

1. General provisions

1.1. The service on consumer protection (further - Service) is the division of local government body performing functions of monitoring of compliance with law of the Kyrgyz Republic "About consumer protection" and other regulating legal documents governing the relations in the sphere of rules of trade, rules of rendering services, productions of goods, performance of works (municipal, in consumer services, communication, on transport and others).

1.2. Objects of monitoring of Service according to the functions assigned to it are the companies, organizations, the organizations of private pattern of ownership, the business (individual) owners implementing, making goods, and also performing performance of works (rendering services).

1.3. Activities of Service are financed by means of the local budget. The service submits to executive local government body.

1.4. The service in the activities is guided by the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About consumer protection", other legal acts of the Kyrgyz Republic, this Provision and interacts with the state bodies exercising control of production and sales of goods (products), rendering services and mass media (television, radio, seal), public associations of consumers (their associations, the unions).

1.5. The service is legal entity, has separate balance, the settlement account in bank, round stamp, angular stamp, trade name and letterheads.

2. Main objectives of Service

2.1. The main objectives of Service is monitoring of observance and accomplishment:

- The law of the Kyrgyz Republic "About consumer protection";

- The code of the Kyrgyz Republic about the administrative responsibility;

- the orders of the Government of the Kyrgyz Republic, decisions of executive local government body on suppression of violations in the sphere of consumer protection, rules of trade, rendering services and performance of works.

3. Powers of Service

3.1. According to the main objectives the following functions are assigned to Service:

- consideration of claims of consumers, their consultation concerning consumer protection;

- carrying out the analysis of the agreements signed by sellers (contractors, manufacturers) with consumers for the purpose of identification of the conditions violating the rights of consumers;

- informing authorized bodies in case of receipt of data on goods (works, services) of inadequate quality, and also life-threatening, health, property of consumers, abuse of regulations of trade, household and other types of consumer service, for control and taking measures according to the legislation of the Kyrgyz Republic;

- the appeal to courts for the purpose of consumer protection;

- development of offers on decrease in violations of the rights of consumers and informing local government body and relevant state bodies.

4. Obligations and responsibility of Service

4.1. Employees of Service bear responsibility according to the legislation of the Kyrgyz Republic for failure to carry out or inadequate accomplishment of the functional obligations.

5. Organization of work of Service

5.1. The service is headed by the chief appointed to position and dismissed by the head of local government body.

The chief of Service bears the personal responsibility for accomplishment of the tasks and obligations assigned to Service.

Note:

This Provision can be added with the regulations necessary for regulation of activities of the legal entity, according to requirements of the Civil code of the Kyrgyz Republic.

 

Acting as Chief of staff of the Government minister

M. Ismailov

Appendix No. 2

to the Order of the Government of the Kyrgyz Republic of November 6, 2007 No. 533

The inventory report of regulatory legal acts of the Kyrgyz Republic on checks

1. Authorized state body in the sphere of customs affairs:

- The code of the Kyrgyz Republic about the administrative responsibility;

- Customs code of the Kyrgyz Republic;

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