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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 3, 2014 No. 575

About approval of the Regulations on accounting treatment, estimates and the realization confiscated, the ownerless and passed on inheritance right to the state property

According to article 20 of the Law of the Kyrgyz Republic "About non-tax payments" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on accounting treatment, estimates and the realization confiscated, the ownerless and passed on inheritance right to the state property.

2. To the State Tax Service under the Government of the Kyrgyz Republic to make the decisions following from this resolution.

3. This resolution becomes effective after fifteen days from day of official publication.

4. To impose control of execution of this resolution on department of finance and credit policy of Government office of the Kyrgyz Republic.

Prime Minister

J. Otorbayev

Approved by the Order of the Government of the Kyrgyz Republic of October 3, 2014 No. 575

Regulations on accounting treatment, estimates and the realization confiscated, the ownerless and passed on inheritance right to the state property

1. General provisions

1. In this Provision the accounting treatment, estimates and realization of the following property is established:

1) confiscated based on decisions of the courts and transferred to tax authorities for realization;

2) recognized in accordance with the established procedure as ownerless;

3) passed in accordance with the established procedure on inheritance right to the state;

4) the physical evidences turned into the income of the state or which carried over the state according to the criminal procedure legislation of the Kyrgyz Republic.

2. Tax authorities in the activities for accounting, assessment and realization of the confiscated, ownerless, heritable property are guided by the civil, civil procedural, criminal procedure legislation, the legislation on the administrative responsibility, other regulatory legal acts governing the relations connected with confiscation of property, recognition its ownerless, transition on inheritance right to the state and also this Provision.

3. According to the legislation of the Kyrgyz Republic personal and real estate, and also values and money gratuitously withdrawn by court as the sanction for offenses belong to condemned property.

Confiscation consists in forced withdrawal in property of the state of all or part of property.

Arrest and the belongings list, subject to confiscation by a court decision, and also assessment and its transfer on storage are made by legal executives according to the Law of the Kyrgyz Republic "About enforcement proceeding and about the status of legal executives in the Kyrgyz Republic".

Physical evidences, stipulated in Item 1 this provision, are transferred by the body making investigation to tax authorities under the delivery-acceptance certificate, with the description of quantity and quality characteristics of property.

4. The accounting treatment, estimates and realization of property established by this Provision does not extend to other property which arrived in property of the state concerning which the legislation of the Kyrgyz Republic establishes special accounting treatment, estimates and realization.

2. Procedure for cession of property and its assessment

5. Taking measures to storage and cost determination of the seized and heritable property, and also the property recognized as ownerless transferred to them is assigned to tax authorities.

Tax authorities exercise control of completeness and timeliness of transfer of property to them for realization, and also timeliness of transfer of means in the budget.

6. Acceptance and cession of property in nature are confirmed by signatures of the legal executive and representative of tax authority on copies of the act of the inventory and cession of property.

The delivery-acceptance certificate is drawn up by the legal executive in whom the bases of withdrawal or confiscation of property or products, the full and exact name of each separate subject or group of equivalent objects, with piece recalculation of the opened places, the description of distinctive signs, appearance, complexity, integrity of packaging and property value, determined according to the Law of the Kyrgyz Republic "About enforcement proceeding and about the status of legal executives in the Kyrgyz Republic" are reflected.

In the belongings list by the legal executive marks about release of part of property from arrest (property exception of the inventory) based on the judgment, about realization of part of property shall be made if such realization was made for satisfaction of requirements imposed to the debtor, and also mark about loss or spoil of the property which is subject to confiscation at the time of transfer to his representative of tax authority.

Tax authorities have the rights of the claimant, except for the rights to refusal of receipt of condemned property, withdrawal of the executive document and the conclusion of the voluntary settlement with the debtor.

In case of confiscation of money, securities the legal executive sends the order of confiscation to bank, to the professional participant of the security market and authorized body on regulation of securities. The specified means are subject to transfer in the republican budget.

In case of confiscation of bank entry securities the legal executive sends the order of confiscation to the person performing accounting of the rights to these securities with the order about write-off of the confiscated securities from the account of the debtor and their transfer into the account of authorized state body or organization according to their competence.

7. Upon transition of the property right to property to the state on inheritance right, inheritances according to the will the certificate on the right to inheritance is granted by the notary public in tax authorities.

If the notary public in the place of opening of inheritance made expenses on protection of heritable property and the publication of the message on challenge of heirs, such expenses shall be specified in the act of the belongings list by transfer to the representative of tax authority.

After receipt of the judgment, or opening of inheritance according to the will about inheritance right by the state, the representative of tax authority in the presence of the responsible keeper and the representative of house management or quarter committee, and in the rural zone of the representative of local government body checks availability of heritable property in rooms in which it is, and accepts it from the responsible person on accounting about what in the belongings list received from the notary the corresponding mark becomes.

8. If in case of acceptance by tax authorities of the confiscated, heritable or ownerless property loss, shortage or damage of property except for of force majeur circumstances is established, tax authorities in ten-day time show to person which accepted it on storage, the requirement about transfer in the republican budget of the amount of cost of the lacking or damaged objects.

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