ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 31, 2001 No. 260

About licensing of separate types of activity

In pursuance of the Law of the Kyrgyz Republic of January 18, 2001 "About modification and amendments in the Law of the Kyrgyz Republic "About licensing" and for the purpose of streamlining of licensed activity of the Government of the Kyrgyz Republic state bodies, decides:

1. Approve the enclosed Regulations on licensing of separate types of activity.

2. To the ministries, state committees, administrative departments and state commissions:

- in a month to bring the regulatory legal acts into accord with this Provision;

- prohibit introduction on the cancelled earlier licensed types of activity of other types of permissions in any forms.

3. To open for the Ministry of Finance of the Kyrgyz Republic the single consolidated settlement account for accumulation of the means arriving from payment for consideration of the applications and licensing.

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

5. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 10.09.2009 No. 565.

6. To the Ministry of Economics of the Kyrgyz Republic to carry out monitoring of activities of licensors for issue of licenses.

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

8. Recognize invalid decisions of the Government of the Kyrgyz Republic according to appendix to this resolution.

9. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 11.03.2003 No. 116

10. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 12.03.2015 No. 115

11. Impose control of execution of this resolution on departments of the Office of the Prime Minister of the Kyrgyz Republic.

12. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of May 31, 2001 No. 260

Regulations on licensing of separate types of activity

Part I. General part

Chapter 1. General provisions

This Provision is aimed at providing single state policy in the field of licensing and simplification of the requirements and procedures applied in the course of licensing.

1.2. This Provision governs the relations connected with implementation of the activities (actions) which are subject to obligatory state licensing.

1.3. Action of this provision does not extend to the relations connected with export licensing and commodity import (works, services) and to the relations connected with use of results of intellectual activities.

Licensors are forbidden to be engaged in the same type of activity on which they grant the license.

Licenses can be granted by the central or regional bodies (if are available) the licensor. In the Special part of this provision cases when licenses are granted by regional bodies of the licensor can be specified.

1.6. Physical persons and legal entities, irrespective of legal forms and patterns of ownership, shown willingness to be engaged in certain type of activity or to make the certain actions which are subject to licensing shall obtain the license in the procedure established by this Provision.

Implementation of activities or making of the actions which are subject to licensing without license is forbidden.

The right of implementation of the licensed activities at legal entity or physical person comes from the moment of receipt of the license.

The license granted to the legal entity is the single document granting the right to be engaged in the type (types) of activities specified in it which is not requiring receipt of the similar document on each division.

1.7. If other is not stipulated by the legislation the Kyrgyz Republic and this Provision, foreign legal entities and physical persons, and also stateless persons, obtain the license on the same conditions and in the same procedure as legal entities and physical persons of the Kyrgyz Republic.

1.8. The licenses obtained in other states in the territory of the Kyrgyz Republic are recognized on the terms of the corresponding international treaties.

Chapter 2. Basic principles of licensing

2.1. Issue of licenses shall be performed on the equal bases and conditions for all citizens and legal entities meeting the requirements established for this license type.

2.2. Licensing shall not promote strengthening of monopolism in the market or to restriction of freedom of business activity.

2.3. Licensing shall not limit the competition or provide benefits to any groups of entrepreneurs depending on forms of their property, departmental interests or the location.

2.4. It is forbidden to grant the privilege of issue of licenses to the state companies except those types of activity (production, works, services) which are referred by legal acts to the state monopoly.

2.5. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 10.09.2009 No. 565

Chapter 3. Legislation on licensing

3.3. It is forbidden to include in the Special part of this provision and in departmental regulatory legal acts the additional types of allowing activities (sublicense) connected with core activity.

3.4. Licensing authorities are forbidden to establish independently when licensing the additional allowing types of activity connected with core activity and also to establish the requirements or conditions which are not provided by this Provision.

Chapter 4. Criteria and procedure for introduction of the licensed types of activity

4.1. Introduction of licensed procedure or its cancellation on types of activity can take place by the following criteria:

- reasons of state security;

- realization of the state monopoly;

- providing law and order;

- environment protection, property, life and health of citizens.

4.2. Introduction of licensed procedure or new licensed requirements and conditions shall not limit unreasonably freedom of economic activity of subjects of entrepreneurship.

4.3. For the purpose of protection of constitutional rights and interests of entrepreneurs, the state and society the special procedure for development and acceptance of the regulatory legal acts establishing the licensed types of activity is established.

Preparation and execution of the project of regulatory legal act which establishes the licensed type of activity or additional licensed requirements and conditions to the operating licensed types of activity (further the project) shall meet the following mandatory requirements:

1) Project development shall be performed by the commission. The body developing the project creates the commission on preparation of the project from number of persons employed of this body, specialists, scientists, entrepreneurs, representatives of the interested state and other bodies, the organizations and organizations.

2) the Project in initial edition (without reducings the text) shall be promulgated by the body developing the project in mass media for public discussion. The arrived offers and notes without fail are considered in case of completion of the project. Unaccounted offers and notes are specified in the reference reasons to the project.

3) the Project in final version without fail is exposed to independent legal and financial and economic specialized examination, and also examination in subject domain.

The organizations and persons which were not directly involved in preparation of the corresponding project are involved as the experts. It is not allowed to set any restrictions on experts.

In project evaluation experts shall be independent and are not connected by line item of the body developing the project at the request of which expertize is carried out.

For carrying out independent legal and financial and economic specialized examinations the leading scientists and specialists of the republic, and also from other states, the international and public organizations can be invited.

4) the Project is submitted for consideration in the Government of the Kyrgyz Republic with observance of requirements and procedures, stipulated by the legislation the Kyrgyz Republic and this Provision. In the informative reference to the project shall be specified:

- exhaustive explanations of need of licensing of these activities, problem which will be solved by this type of licensing to what state interests it will serve why market mechanisms cannot be used, etc.;

- the forecast of possible social, economic, legal and other effects of operation of the adopted act concerning the entrepreneurs including performing activities in the field of, belonging to this licensing;

- necessary economic and financial calculations, for example:

a) the budgeted expenses connected with administration of this licensed activity including the salary of workers of the licensor, financing of the current activities of the licensor;

b) the expenses of entrepreneurs connected with receipt of the license and implementation of the licensed activities;

- statistical data about the number of the entrepreneurs performing activities in the field of, belonging to this licensing;

- the expert opinion in subject domain;

- other data necessary for reasons for provisions of the project.

5) the following documents shall be also attached To the project:

- the list of the members of the commission who were taking part in project development;

- the list of mass media in which projects were promulgated;

- the expert opinion (experts) who were carrying out legal project appraisal;

- the expert opinion (experts) who were carrying out financial and economic project appraisal;

- the list of the regulatory legal acts which are subject to cancellation or change;

- other documents necessary for reasons for provisions of the project.

4.4. The project of regulatory legal act submitted for consideration in the Government of the Kyrgyz Republic with violation of the requirements specified in this Chapter is subject to return to the body which developed the project without consideration. After elimination of violations the project is considered in accordance with general practice.

Chapter 5. Alienability of licenses

5.1. Licenses can be alienable: the licensee has the right to masterfully use, use and dispose of the rights following from the license.

5.2. The licenses granted according to the list approved by General Court of Jogorku Kenesh of the Kyrgyz Republic belong to alienable licenses.

The licenses which are not entering this list are inaliennable. The license which is not subject to alienation shall have mark about it in the form of the license.

Chapter 6. Forms of licenses

6.1. In the license (appendix No. 3 to this Provision) the following details shall be specified:

- full name of the licensing body;

- full name of the legal entity or full name of the citizen licensee;

- location (residence) of the legal entity (citizen);

- licensed requirements (conditions) on which this type of activity is resolved (if necessary);

- date of issue and effective period of the license;

- number and series of the form of the license;

- registration license number according to the register of licenses

- alienability (inalienability) of the license.

6.2. Forms of licenses shall be made by typographical method, have security degree, accounting series and number. Forms of licenses are documents of strict accounting. Production, accounting and storage of forms of licenses is performed by the licensing body.

6.3. Upon the demand of interested persons the licensee shall show the original of the license. If the licensee submitted the application for issue of the duplicate, renewal or prolongation of effective periods of the license presentation of the copy of the license is allowed.

If the parent organization and divisions of the licensee are in different places, it is allowed to show to divisions copies of the licenses certified of the procedure established by the legislation.

6.4. In case of loss or spoil of authentic copy of the license the licensee submits the application to the licensing body for issue of the duplicate. The licensee shall submit the application within five days from the date of loss or spoil of authentic copy of the license. All details of the lost form of the license shall be specified in the statement.

6.5. The duplicate is issued based on the documents which are available for the licensor and within the effective period specified in the original of the license. In case of issue of the duplicate the registration license number according to the Register of licenses remains invariable. The granted license shall have the mark "Duplicate".

In case of detection by the licensee of the lost authentic copy of the license, it shall give authentic copy (or the duplicate) to the licensor for cancellation.

6.6. Qualification examinations (certification), extraordinary checks, surveys, expertizes, etc. of the licensee for issue of the duplicate are not carried out.

6.7. Issue of the duplicate is performed within five days from the date of submission of the corresponding statement by the licensee.

6.8. Issue of the duplicate is made for payment in the amount of one settlement indicator.

6.9. Before issue of the duplicate of the license the licensee performs activities based on the copy of earlier granted license.

Chapter 7. Action of the license

7.2. According to the request of the licensee issue to the licensee of the general license on several types of activity or actions if they enter into single group, and also for works and services is allowed if they enter single technology complex (set). The amount of payment for issue of the general license is determined proceeding from the quantity of the types of activity or actions which are subject to licensing and being part of the general license.

7.3. Activities or actions on which implementation the license is obtained can be carried out only by the physical person or legal entity which obtained the license.

7.4. Transfer of inaliennable (personalized) licenses to other legal entity or physical person for implementation of activities or actions is forbidden. Such transfer is violation of licensed conditions.

7.5. Action of licenses extends to all territory of the Kyrgyz Republic if other is not provided in the Special part of this provision.

7.6. On time of action of the license can be:

1) - are issued by permanent licenses without restriction of effective period;

2) - are issued by temporary licenses for term for two years at least.

7.7. Temporary licenses can be granted for the term of less than two years only according to the voluntary statement of the licensee.

Chapter 8. Licensed requirements and conditions

8.1. One of mandatory licensed requirements and conditions when implementing by licensees of the licensed types of activity is compliance with law of the Kyrgyz Republic, and also the requirements specified in this Provision.

8.2. Concerning the licensed types of activity requiring for their implementation of special knowledge licensed requirements and conditions can join in addition qualification requirements to the applicant and the licensee, in particular qualification requirements to workers of the legal entity or the citizen who is the individual entrepreneur.

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