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PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of September 3, 2010 unitary enterprise No. 159

About amnesty of persons who committed economic crimes

In the period of government of the former presidents of the Kyrgyz Republic A. Akayev and K. Bakiyev the foundation of family and clan board which consequence "squandering" of economic resources of the country and plundering of national property was were laid. The key role in hauling of national wealth was played by persons, close to environment of families of A. Akayev and K. Bakiyev, and also some officials of executive bodies, local self-government, the bank sphere acting to please to the former presidents of the Kyrgyz Republic and the interests and working in the period of their board.

For holding single action for the purpose of compensation of damage to the state caused by the above-stated persons I decide:

2. Action of Item 1 of this Decree extends to persons concerning whom criminal prosecution, on condition of their written appeal to law enforcement and judicial authorities in which production there are criminal cases, about voluntary repayment of damage before the state is performed.

3. The extent of damage which is subject to compensation by the above-named persons is determined by the commission in structure according to appendix to this Decree. In case of establishment of the extent of the indemnified loss to the commission the investigator investigating (investigating) criminal case and the lawyer (representative) of person concerning whom criminal prosecution is performed without fail are involved.

After determination of the amount of the indemnified loss between the commission and person concerning whom criminal prosecution is performed the agreement is signed.

4. The agreement on compensation of damage without fail shall contain the following information:

- data on agreement parties;

- the financial amount determined by the commission which person shall pay within compensation of damage to the state;

- procedure and payment due dates of the financial amount;

- the obligation of the party which indemnified loss about refusal within five years from the date of agreement signature to occupy political, special, highest managerial and municipal positions;

- data on the obligation of law-enforcement and/or judicial bodies on the termination of criminal case concerning person - the agreement party;

- consequences for person concerning whom criminal prosecution which can come in case of default on obligations is performed, taken under the agreement.

5. Amnesty about release from criminal liability of person concerning which criminal prosecution is performed is accepted:

- investigating bodies, concerning the criminal cases which are in production of these bodies;

- judicial authorities, concerning the criminal cases which are in their production and are not considered before entry into force of this Decree.

6. The decision of investigating bodies on application of the act of amnesty is subject to approval of the Kyrgyz Republic by the Attorney-General, and in case of its absence - his deputy, after payment of the financial amount determined by the commission.

7. Courts apply the act of amnesty to person, after payment of the financial amount determined by the commission.

8. Application of this amnesty concerning persons involves the termination of the cases which are in production of the investigation and courts and are not considered before entry into force of this Decree.

9. Application of this amnesty concerning persons, in case of observance of the conditions provided by Items 2, 5 and 6 these Decrees by them exempts them from carrying out any kinds of checks of financial and economic activities for the period till April 7, 2010 inclusive.

10. This Decree becomes effective from the date of its official publication and is effective concerning persons which signed the agreement on compensation of damage till October 1, 2010.

 

President of the Kyrgyz Republic

R. Otunbayeva

Appendix

to the Presidential decree of the Kyrgyz Republic of September 3, 2010 unitary enterprise No. 159

Structure of the commission on determination of the extent of the material and financial damage which is subject to compensation by officials of executive bodies, local self-government, the bank sphere and also persons close to environment of families of A. Akayev and K. Bakiyev

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