ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 20, 2012 No. 778

About creation of the state company "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic

According to Article 158 of the Civil code of the Kyrgyz Republic, for the purpose of development of dokhodoprinosyashchy activities of criminal executive system of the Kyrgyz Republic, and also creation of necessary conditions of detention of prisoners, the Government of the Kyrgyz Republic decides ensuring their labor employment:

1. Create the state company "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic (further - GP "Kelechek") on the right of economic maintaining for the purpose of implementation of business activity in all territory of the Kyrgyz Republic.

2. Approve the Charter of GP "Kelechek" according to appendix.

3. Determine that the profit of GP "Kelechek" which is formed after tax payment and contributions to Social Fund of the Kyrgyz Republic is used for the purpose of further development of production and improvement of prison conditions.

4. To public service of execution of punishments under the Government of the Kyrgyz Republic:

- bring the decisions into accord with this resolution;

- till March 1, 2013 to hold events for reorganization of other companies of criminal executive system by accession to GP "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic

- resolve the issues of material, financial and other provision of activities of GP "Kelechek" following from this resolution;

- make state registration of GP "Kelechek" in judicial authorities.

5. To impose control of execution of this resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

6. This resolution becomes effective from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of November 20, 2012 , No. 778

The charter of the state company "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic

1. General provisions

1. The state company "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic (further - the Company) is created according to Article 158 of the Civil code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About bodies and organizations of criminal and executive (penitentiary) system".

2. The company in the activities is guided by the Constitution of the Kyrgyz Republic, the laws and other regulatory legal acts of the Kyrgyz Republic which became effective in the procedure established by the law international treaties which participant is the Kyrgyz Republic, and also this Charter.

3. Founder of the Company is the Government of the Kyrgyz Republic. The company is under direct supervision of Public service of execution of punishments under the Government of the Kyrgyz Republic (further - GSIN) which performs the common directorship and coordination of activities of the Company according to requirements of the legislation of the Kyrgyz Republic and this Charter.

4. Full official name of the Company:

- in the Kyrgyz language: "Kyrgyz Respublikasynyn Okmotuno to Zhazalarda's karashtu to atkaru mamlekettik kyzmatynyn aldyndaga of Kelechek mamlekettik ishkanasa";

- in Russian: "The state company "Kelechek" under Public service of execution of punishments under the Government of the Kyrgyz Republic".

5. The company has the right in accordance with the established procedure to open branches and representations in the territory of the Kyrgyz Republic.

6. The company is the legal entity formed in form of business of the state company, based on the right of economic maintaining, has separate balance, accounts (including settlement and currency) in banks, other financial credit institutes of the Kyrgyz Republic and abroad, seal with the name in the state and official languages, stamp, forms and other attributes.

7. The company performs business activity within the legislation of the Kyrgyz Republic and operates on the principle of self-financing.

8. Changes and additions are made to this Charter by the decision of the Government of the Kyrgyz Republic according to the procedure, established by the legislation of the Kyrgyz Republic.

9. Legal address of the Company: Kyrgyz Republic, city of Bishkek, Ulitsa Ibraimova, 106.

2. Purposes and tasks of activities of the Company

10. The company is created for the purpose of development of dokhodoprinosyashchy activities and the social sphere of criminal executive system of the Kyrgyz Republic, creating favorable conditions of serving sentence by the convict and involvement of convicts to work.

11. The main objectives of the Company are:

- ensuring labor employment of convicts;

- implementation of productive activity;

- sales of products and goods;

- tendering, detection of demand and offers on the goods put up for sale;

- carrying out public procurements and participation in them in the procedure established by the legislation of the Kyrgyz Republic;

- attraction of direct investments for the solution of functional tasks;

- implementation of other business activity within the legislation.

3. Rights and obligations of the Company

12. The company for goal achievement and implementation of the tasks determined by this Charter has the right:

- publish the sales bulletin, reference books, and also Other information and advertizing publications in accordance with the established procedure;

- acquire for clearing and cash settlement material resources, property, including fixed assets, at legal entities and physical persons in accordance with the established procedure;

- have the isolated property, on its own behalf to acquire the property and personal non-property rights, and also perform duties, be claimant and the defendant in courts;

- to independently sign contracts with any legal entities, irrespective of their forms of business and patterns of ownership, and also with citizens according to the purposes and tasks of activities of the Company, within the conferred powers;

- attract to consultation, training of employees of the Company and other purposes of specialists on the basis of the signed civil agreements, with payment by agreement of the parties;

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