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LAW OF THE KYRGYZ REPUBLIC

of February 1, 2001 No. 15

About protection of the rights of entrepreneurs

(as amended on 28-07-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 29, 2000

This Law is directed to protection of the rights of citizens to free use of the capabilities and property established by the legislation of the Kyrgyz Republic for realization of business activity, and also establishes forms and methods of the state stimulation and regulation of initiative activities of subjects of entrepreneurship.

Operation of this Law extends to the relations which the subjects of entrepreneurship created and functioning according to the legislation of the Kyrgyz Republic irrespective of legal forms and patterns of ownership enter.

Section I. General provisions

Article 1. Legislation of the Kyrgyz Republic on protection of the rights of entrepreneurs

The legislation on protection of the rights of entrepreneurs assumes:

- normative fixing of variety of forms of relationship which subjects of entrepreneurship enter;

- ensuring realization of the differentiated state support to separate categories of subjects of entrepreneurship;

- legislative fixing of the principles improving conditions of implementation of business activity.

Part 3 of Article 1 voided according to the Law of the Kyrgyz Republic of 16.04.2015 No. 83

Article 2. The basic concepts used in this Law

The entrepreneurship (business activity) represents the initiative, independent economic activity of physical persons and legal entities performed on its own behalf at the expense of own or borrowed funds on the risk and under the property responsibility directed to profit earning.

Subjects of entrepreneurship are the physical persons and legal entities registered in the procedure established by the law and performing on the risk and under the property responsibility the activities which are not prohibited by the legislation with revenue generating purpose regardless of their forms of business and patterns of ownership.

Part 3 of Article 2 voided according to the Law of the Kyrgyz Republic of 16.04.2015 No. 83

Article 2-1. Basic principles of providing conditions of implementation of business activity

The basic principles providing conditions of implementation of business activity are:

- presumption of conscientiousness of subjects of entrepreneurship;

- contradictions, gaps and ambiguities of the legislation of the Kyrgyz Republic establishing mandatory requirements cannot be used by public authorities and local government bodies against subjects of entrepreneurship;

- non-interference of state bodies and local government bodies to activities of subjects of entrepreneurship, including non-admission of its suspension, except as specified, stipulated by the legislation Kyrgyz Republic;

- non-admission of establishment and collection by state bodies and local government bodies of the payments which are not established by the legislation of the Kyrgyz Republic;

- non-admission of establishment and reclamation of documents for issue of the licenses, permissions and other acts concerning business activity, which are not established by the legislation of the Kyrgyz Republic;

- obligatory informing subjects of entrepreneurship on the developed regulatory legal acts regulating business activity, according to the procedure, established by the legislation of the Kyrgyz Republic.

Article 3. Freedom of enterprise

The freedom of enterprise includes:

- the free choice of field of activity in the limits set by the legislation of the Kyrgyz Republic and the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

- free choice of types of activity and programs of its implementation;

- free attraction on a voluntary basis property and financial resources of legal entities and physical persons for implementation of business activity;

- free employment of workers with observance of regulations of the labor law;

- independent determination of forms, system and the amount of compensation and other income types of persons working on hiring, but not below the minimum level determined by regulatory legal acts of the Kyrgyz Republic;

- free choice of the partner in every respect;

- development of activities on the basis of intellectual property;

- free price fixation on the offered goods and services, except cases, stipulated by the legislation the Kyrgyz Republic;

- freedom of the order the net profit remaining after introduction of the obligatory payments established by the state and also accomplishment of the assumed liabilities to partners;

- independent implementation by the entrepreneur of foreign economic activity according to the legislation of the Kyrgyz Republic, use of the share of currency earnings by it at own discretion.

Article 4. Guarantees and protection of the rights of entrepreneurs

The state guarantees to entrepreneurs irrespective of patterns of ownership:

- equal rights and possibilities of access to financial, labor, natural, information and intellectual resources;

- creation of conditions for protection and development of the competition;

- protection of the rights and legitimate interests of the subjects of business activity acting in the territory of the Kyrgyz Republic and foreign states on the basis of come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

Intervention of the state and its bodies in activities of entrepreneurs, except as on the bases established by the legislation and within powers of relevant organs is not allowed.

The state provides development and program implementation of support and development of entrepreneurship in priority industries of economy, carries out infrastructure and institutional transformations, creates favorable normative and legal, economical and organizational conditions for their realization.

Establishment and collection of payments, not stipulated by the legislation the Kyrgyz Republic is forbidden.

Article 5. Entrepreneurship forms

In the Kyrgyz Republic any forms of entrepreneurship performed within the legislation are allowed.

The entrepreneurship can be performed:

- on the basis of personal labor;

- with use of wage labor;

- without formation of legal entity;

- with formation of legal entity.

Special forms of entrepreneurship are:

- the business activity performed by person, managing enterprise on the basis of the contract with the owner of property of this company;

- the business activity based on the agreement of concession and the complex entrepreneurial license (franchizing).

In the Kyrgyz Republic also business activity on the basis of the intellectual property including the rights relating to literary, art and scientific works can be performed; performing activities of actors, sound recording, radio - and to telecasts; to trademarks, service marks, trade names, commercial designations.

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