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LAW OF THE KYRGYZ REPUBLIC

of October 19, 2013 No. 195

About licensed authorization system in the Kyrgyz Republic

(as amended on 22-04-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 3, 2013

Chapter 1. General provisions

Article 1. Purposes of this Law

Licensing of separate types of activity, actions and transactions is performed for the purpose of prevention of harming of life, to human health, the environment, property, public and state security, and also management of limited state resources.

Article 2. Scope of this Law

1. This Law governs the relations arising between executive bodies, physical persons and legal entities in connection with implementation of licensing of separate types of activity, actions, transactions including on use of limited state resources (further - activities).

2. This Law establishes the exhaustive list of licenses and permissions.

3. Operation of this Law does not extend:

1) on the civil relations connected with issue of licenses and permissions within the agreement signed between physical and (or) legal entities;

2) on the state registration system;

3) on system of assessment of qualification and professional skills;

4) on area of assessment of conformity in the field of technical regulation.

4. The procedure for licensing of the types of activity specified in this Law is performed according to this Law and other regulatory legal acts of the Kyrgyz Republic in the part which is not contradicting it.

The procedure and features of licensing of activities of the banks, financial credit institutions and other persons regulated by National Bank of the Kyrgyz Republic including procedure for issue, suspension, termination (response/cancellation) of licenses, and also licensed requirements, licensed control are established according to the legislation of the Kyrgyz Republic on National Bank of the Kyrgyz Republic, on banks and banking activity, on payment, microfinancial activities, on exchange of credit information, on activities of credit unions, the housing and savings credit companies, and also on activities of other persons, persons under surveillance to National Bank of the Kyrgyz Republic.

Procedure for licensing of mineral rights, including procedure for issue, prolongation, suspensions, the terminations, transfers of licenses, and also licensing conditions, licensed control, collection of charges and payments are regulated by the legislation of the Kyrgyz Republic in the field of subsurface use.

Features of licensing of activities in the field of foreign trade are established according to the legislation of the Kyrgyz Republic on regulation of foreign trade activity and the international treaties and acts constituting the right of the Eurasian Economic Union in the field of licensing.

The procedure for licensing of use of radio-frequency range, frequency assignment on the right of operation of radio-electronic means, including procedure for issue, prolongation, suspensions, the terminations, alienations of licenses, and also licensed requirements, licensed control, collection of the license fees and payments are regulated by the legislation of the Kyrgyz Republic in the field of telecommunication.

Features and procedure for issue, prolongation, suspension, cancellation, cancellation of the work permits issued to foreign persons and stateless persons according to the statement of employers and on employment of citizens of the Kyrgyz Republic beyond its limits and also conditions of receipt of permission, control of collection of payments are regulated by the legislation of the Kyrgyz Republic in the field of external labor migration.

5. Measures of non-tariff regulation and restriction according to the international treaties and acts constituting the right of the Eurasian Economic Union are applied to import, export, transit of the goods included in the single inventory to which prohibitions or import restrictions or export by the State Parties of the Eurasian Economic Union within Eurasian economic community in trade with the third countries are applied.

Article 3. Legislation of the Kyrgyz Republic on licensing

The legislation on licensing is based on the Constitution of the Kyrgyz Republic and consists of this Law and other regulatory legal acts regulating the sphere of licensing.

Article 4. The basic concepts used in this Law

In this Law the following basic concepts are applied:

the applicant - the physical person or legal entity which addressed to the licensing body for receipt of the license and (or) permission according to this Law;

licensing - the process connected with issue, renewal, suspension, renewal and cancellation of licenses and (or) permissions;

the license - the document certifying the right to implementation of activities concerning which the state licensing according to this Law is entered;

the licensor - the body authorized by the Government of the Kyrgyz Republic to perform licensing according to this Law;

the licensee - the physical person or legal entity which obtained the license and (or) permission;

licensed control - activities of authorized state bodies in the field of the licensed type of activity on check of observance of licensed requirements;

limited state resources - the resources belonging to the state, including objects of animal, flora, radio-frequency range which are limited or irreplaceable have specific characteristics, can be measured quantitatively and estimated in terms of money;

permission - the document issued by state body (any other legal entity authorized by the Government of the Kyrgyz Republic), confirming the right to implementation of certain actions in the course of activities;

the register of licenses and permissions - the database containing data on licenses and permissions on types of activity which licensing is performed on paper and in electronic format;

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