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The document ceased to be valid since  October 16, 2020 according to item 4 the Order of the Government of the Kyrgyz Republic of  September 30, 2020 No. 504

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 30, 2014 No. 559

About approval of the Technique of carrying out the analysis of regulating impact of regulatory legal acts on activities of subjects of entrepreneurship

For the purpose of development of efficient mechanisms of assessment of impact of regulatory legal acts on business activity, improvement of quality and efficiency of the adopted regulatory legal acts, according to article 19 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" and article 4 of the Law of the Kyrgyz Republic "About optimization of the regulatory legal base of regulation of business activity", being guided by articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Technique of carrying out the analysis of regulating impact of regulatory legal acts on activities of subjects of entrepreneurship (further - the Technique of ARV).

2. To the ministries, state committee, administrative departments, other state bodies, local government bodies:

- be guided by the Technique of ARV in case of project development of the regulatory legal acts regulating business activity;

- organize work in central offices and the subordinated organizations for studying of the Technique of ARV.

3. Determine the Ministry of Economics of the Kyrgyz Republic authorized body by examination of the analysis of regulating impact of projects of the regulatory legal acts regulating business activity on compliance to the Technique of ARV.

4. To the Ministry of Economics of the Kyrgyz Republic:

- develop and approve standards on compliance of the carried-out analysis of regulating impact to the Technique of ARV (further - Standards);

- send to the ministries, the state committee, administrative departments, other state bodies, local government bodies Standards for application in case of project development of the regulatory legal acts regulating business activity.

5. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About analysis technique of regulating impact (ARV) of regulatory legal acts on activities of subjects of entrepreneurship" of December 20, 2007 No. 603;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About analysis technique of regulating impact (ARV) of regulatory legal acts on activities of subjects of entrepreneurship" of December 20, 2007 No. 603" of July 11, 2011 No. 379;

- Item 15 of appendix to the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of July 1, 2013 No. 395.

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

7. To impose control of execution of this resolution on department of economy and investments of Government office of the Kyrgyz Republic.

Prime Minister

J. Otorbayev

Approved by the Order of the Government of the Kyrgyz Republic of September 30, 2014 No. 559

Technique of carrying out the analysis of regulating impact of regulatory legal acts on activities of subjects of entrepreneurship

1. General provisions

1. This Technique establishes procedure for carrying out the analysis of regulating impact (ARI) of regulatory legal acts (further - the NPA) on activities and development of subjects of entrepreneurship.

2. The technique of ARV is used in case of project development of the NPA and in the analysis acting with the NPA. By preparation of the projects of the NPA exerting impact on activities of subjects of entrepreneurship, the Technique promotes reasons for the regulations offered in the project of the NPA regulating business activity.

The technique is used concerning the changes in them operating with the NPA in case of need of introduction and amendments, and also in the cases provided by the Law of the Kyrgyz Republic "About optimization of the regulatory legal base of regulation of business activity". The technique allows to determine compliance of results of the state regulation established by the NPA, to the purposes of this regulation.

3. In this Technique the following terms are used:

the analysis - the actions connected with carrying out legal, anti-corruption, ecological, human rights, gender and other analysis types of the offered regulation, and also influence on the competition;

analytical note - the document containing results of the carried-out ARV and reasons for state regulation on the basis of which the project of the NPA is developed or changes and additions in acting with the NPA, and approved as the head of the state body initiating project development of the NPA are made;

analytical tools - the ad hoc methods used in practice for information processing - creation methods of "tree of problems", the costs benefit method, evaluation methods of realizable risks;

group of interests - consolidation of concerned parties for satisfaction and upholding of interests of her members (entrepreneurs, physical persons and their associations, state bodies and local government bodies) in case of regulation of the public relations;

concerned parties - legal entities, physical persons and their associations, state bodies and local government bodies whom the studied problems and/or the offered state regulation influence;

root problem - problem which initially led to undesirable events;

assessment of effects of regulating impact - assessment of level of goal achievement and expected effects for concerned parties;

the problem - situation which causes objection/discontent of concerned parties and its decision requires intervention from state bodies;

regulation of business activity - establishment of the rights, obligations and requirements for subjects of entrepreneurship and their activities, and also regulation of the relations between the state bodies / local government bodies and subjects of entrepreneurship;

regulating impact of the NPA on activities of subjects of entrepreneurship - availability in the NPA of the regulations regulating business activity.

4. ARV is carried out by the developer of the project of the NPA. Carrying out ARV are result analytical note which is filled in the form given in appendix to this Technique and the project of the NPA which reflect the most preferable option of state regulation of certain public relations.

5. The principles of ARV are: justification, objectivity, transparency, sequence and clarity.

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