of March 1, 2004 No. 16
About ministerial procedures
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 22, 2003
This Law establishes the procedures promoting enhancement of the organization of management activity of administrative authorities and observance of the rights and freedoms of citizens, individual entrepreneurs and legal entities, protection of private, public and state interests.
1. For the purposes of this Law the following concepts are used:
ministerial procedures - the established procedural regulations determining the bases, conditions, the sequence and procedure for consideration and permission of administrative cases which include:
- procedure for acceptance and execution of decisions by administrative authorities on implementation of administrative functions and powers;
- procedure for the organization of work of administrative authorities;
- procedure for administrative consideration of addresses of citizens, individual entrepreneurs and legal entities on realization or protection of their rights and interests;
administrative authority - body of the state executive authority, executive body of local self-government, and also the authorized or specially created body given the right constantly or temporarily to consider and resolve administrative cases in the spheres regulated by this Law;
the official - the citizen given the right to consider and resolve administrative cases on behalf of administrative authority in individual procedure;
interested persons - the citizens, individual entrepreneurs or legal entities participating in the relations regulated by this Law for the purpose of acquisition, the certificate, registration or preserving certain competences;
the address of the interested person - the statement or the claim of the citizen, individual entrepreneur, the legal entity participating in the relations regulated by this Law;
participants of meeting - interested persons, representatives of administrative authority, and also the experts, witnesses, translators and other persons promoting the correct consideration and permission of administrative cases;
administrative case - set of the documents and materials fixing process of preparation, consideration and decision making on provision, the certificate, registration or suspension (termination) of competences of interested persons;
administrative meeting - procedural form within which consideration and permission of administrative case by collegiate organ or the official is carried out.
2. Other institutes, concepts and terms of the legislation on the organization of the government in the Kyrgyz Republic, civil, civil procedural, tax and other industries of the legislation of the Kyrgyz Republic, used in this Law, are applied in that value in what they are used in these industries of the legislation.
1. This Law governs the relations on consideration and permission by administrative authority of cases on provision, the certificate, registration and suspension (termination) of competences of interested persons (administrative cases) in the following spheres:
a) registration (accounting) of interested persons;
b) registration of the rights to property and transactions with it;
c) licensing of separate types of activity;
d) issue of permissions to accomplishment of separate work types (services), on operation of objects or the equipment, and also acceptance of other management decisions concerning investing and business activity;
e) technical regulation of investing and business activity;
e) provision of the parcels of land, subsoil plots, sites of the woods, water objects, and also withdrawal of these sites and objects at the owner or other legal owner;
g) provision to interested persons of the credits, loans, subsidies, compensations, financial and financial support, investments, quotas, guarantees, privileges and benefits at the expense of means of the republican budget;
h) management of state-owned property or property rights;
i) provision to interested persons of residential and non-residential premises in buildings of the state fund and use of these rooms;
j) appointment and payment of national pensions, benefits;
k) recognition for the interested person of the status giving the grounds for receipt of privileges and benefits;
l) issue of the official documents having legal value;
m) provision, certificate, registration or suspension (termination) of other competences of interested persons.
2. Operation of this Law does not extend to the relations in the following spheres:
a) preparation and acceptance of regulatory legal acts;
b) production on cases on administrative offenses, criminal, civil and constitutional trial;
c) public service or employment relationships;
d) the civil relations with participation of administrative authority regulated by the civil legislation of the Kyrgyz Republic if other is not provided by this Law;
e) execution of judgments;
e) pronouncement of decisions concerning military service and discipline, except for questions of constitutional rights and freedoms of citizens;
g) execution of international treaties and agreements and carrying out foreign policy;
h) preparation and acceptance of management decisions by the subjects who are not falling under determination of the term of administrative authority.
The ministerial procedures provided by this Law are based on the following basic principles:
1. Interested persons have the right to address to administrative authority for the solution of the questions which are entering competence of this body and directly affecting the rights and legitimate interests of such person.
The administrative authority shall consider the address on the question entering its competence and to pass the relevant decision proceeding from priority of the rights, freedoms and interests of citizens, individual entrepreneurs and legal entities.
Adoption of the act by administrative authority or making of any action (failure to act) limiting constitutional rights and freedoms shall be based on the Constitution of the Kyrgyz Republic or on the specific law.
The adopted act, and also any action (failure to act) made by administrative authority with authority misuse are considered as invalid.
Officials and members of collegiate organ, authorized to consider and resolve administrative cases, bear responsibility according to the legislation for improper execution of the functional obligations and excess of office powers.
3. Consideration and permission of administrative cases is performed on the basis of equality before the law:
- legal entities, irrespective of form of business, the location, subordination and pattern of ownership;
- citizens and individual entrepreneurs, irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to associations, and also other circumstances.
Restriction or intervention in implementation of the rights, freedoms and interests of any party of administrative proceedings and the exclusive relation or discrimination of any party in violation of the law are forbidden.
In case of identical circumstances on different cases, the decisions passed on them also shall be identical, except as specified, in which there are legal causes for pronouncement of other decision.
4. Consideration and permission of administrative cases is open. Consideration and permission of administrative cases is behind closed doors allowed:
- in cases, stipulated by the legislation about the state secret;
- in case of satisfaction of the petition of the interested person referring to need of providing secrecy of adoption (adoption) of the child, preserving the commercial, bank, notarial, lawyer or protected by the law other secret;
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