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LAW OF THE KYRGYZ REPUBLIC

of March 20, 2002 No. 40

About domestic trade in the Kyrgyz Republic

(as amended on 13-08-2015)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on February 12, 2002

This Law determines bases of trading activity in the territory of the Kyrgyz Republic, procedure for its implementation, legal relationship between executive bodies and local self-government, subjects of trading activity and consumers in the field of trade. Operation of this Law extends to all subjects of trading activity located in the territory of the Kyrgyz Republic, irrespective of patterns of ownership.

Chapter I General provisions

Article 1. Purposes and subject of regulation of this Law

The purpose of this Law is providing conditions for all-round development of industry, free implementation of business activity in the field of trade, the state guarantees of protection of interests and the rights of consumers in the course of trade servicing.

Subject of regulation of this Law are the legal relationship arising in the course of implementation of trading activity.

Article 2. The main terms applied in this Law

For the purposes of this Law the following terms are used:

trading activity (trade) - the type of business activity connected with acquisition and sales of goods;

goods - any, not withdrawn from circulation work product, held for sale or exchange;

subjects of trading activity - the physical persons and legal entities registered in accordance with the established procedure and performing the activities in the field of trade and also non-profit organizations if conducting business activity in the field of trade is fixed by their charter;

the shopping facility (trade enterprise) - property complex, and also other property used by subjects of trading activity for implementation of business activity in the field of trade;

domestic trade (internal trading activity) - the trading activity performed in the territory of the Kyrgyz Republic;

socially important trading activity - the type of trading activity directed to requirements satisfaction of socially vulnerable categories of citizens according to the legislation of the Kyrgyz Republic;

socially important food products - basic food for satisfaction of paramount requirements of the population which list affirms the Government of the Kyrgyz Republic;

state regulation of the prices - establishment by public authorities of the prices (rates), allowances to the prices (rates), the maximum or minimum prices (rates), the maximum or minimum allowances to the prices (rates).

Article 3. Legislation on trading activity

Chapter II State regulation in the field of trade

Article 4. The purpose of state regulation in the field of trade

State regulation of trading activity is aimed at providing:

1) protection of the rights and consumer interests to acquisition of high-quality, safe goods and liberty of choice of the consumer;

2) protection of the rights of entrepreneurs when implementing trading activity according to the legislation of the Kyrgyz Republic;

3) protection of domestic producers by creation of conditions for realization of domestic goods (holding trade fairs, distribution of information on the range of the made goods, the prices and quality, ensuring interaction between producers and subjects of trading activity, etc.).

Article 5. Bodies of state regulation and control of trading activity

The state regulation and control in the field of trade in the Kyrgyz Republic are performed by authorized bodies of the executive authority and local self-government according to the legislation of the Kyrgyz Republic and within their competence. Executive bodies and local self-government pursue single state policy in the field of domestic trade.

Article 6. Principles of state regulation

The principles of state regulation of trading activity are:

1) ensuring equality and development of the competition of subjects of trading activity in the course of implementation of trading activity;

2) establishment of partnership between executive bodies and local self-government and subjects of trading activity, and also their involvement in the solution of economic and social problems of the region;

3) involvement of subjects of trading activity (their associations) for development of regulatory legal acts and enhancement of the legislation on trading activity;

4) - 5) voided according to the Law of the Kyrgyz Republic of 24.04.2013 No. 58;

6) authority delegation to bodies of local public administrations and local self-government for the purpose of implementation of state regulation in the territory of this region in the limits and procedure determined by the Government of the Kyrgyz Republic.

Article 7. Forms (methods) of state regulation of trading activity

Forms of state regulation of trading activity are:

- establishment of requirements for the purpose of development and protection of the competition to the organization and implementation of trading activity according to regulatory legal acts of the Government of the Kyrgyz Republic;

- the state control of observance of the regulations and rules established by the legislation on trading activity;

- rendering the state support for implementation of socially important trading activity;

- support to domestic producers in sales of goods;

- development and implementation of target and regional development programs of trade;

- ensuring interaction of executive bodies and the local self-government in the field of trade aimed at its development.

Article 8. Powers of local public administrations and local government bodies in case of state regulation in the field of trade

Local public administrations and local government bodies:

- placements of shopping facilities in the corresponding territory resolve issues and determine procedure for the organization of street trade according to the legislation of the Kyrgyz Republic;

- carry out the analysis of activities of objects of the sphere of trade in regions, make offers to the Government of the Kyrgyz Republic about enhancement of mechanisms of its regulation.

Article 9. Measures of support of socially important trading activity

Measures of support of socially important trading activity are release from the rent of subjects of trading activity for the occupied rooms and shopping facilities which are in the state-owned (municipal) property or establishment of the minimum rent.

To the subjects of trading activity performing socially important trading activity, by executive bodies and local self-government privileges based on the adopted regulatory legal acts can be provided.

Chapter III Basic rules of trading activity

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