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LAW OF THE KYRGYZ REPUBLIC

of July 31, 2015 No. 210

About bases of administrative activities and ministerial procedures

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2015

This Law:

1) it is based on requirements of the regulations of the Constitution of the Kyrgyz Republic determining that state bodies and local government bodies when implementing the powers shall act on the basis of the principles of openness and responsibility to the people and for the benefit of the people to serve all society, but not its some part;

2) determines the single and basic principles, rules and procedures of activities of state bodies and local government bodies in relations with physical persons and legal entities.

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

This Law:

1) establishes bases of administrative activities of public nature;

2) regulates legal relationship between administrative authorities and physical, legal entities when implementing ministerial procedures;

3) is determined by procedure:

a) appeals of the administrative act, actions and failure to act of administrative authorities;

b) execution of the administrative act;

c) penalties of administrative expenses;

d) the indemnification caused by ministerial procedure.

Article 2. Coverage of this Law

1. Action of Chapters 1-3, of Chapter 15 of this Law extends to actions of administrative authorities in the field of the public relations.

2. Action of Chapters 4-15 of this Law extends to such actions of administrative authorities which come to the end with adoption of the administrative act. Action of Chapters 10-15 of this Law extends also to such actions and failure to act of administrative authorities which attract the actual effects for persons.

3. Features of administrative activities of some administrative authorities are determined by the special laws which are not contradicting this Law and the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

4. Operation of this Law does not extend on:

1) the relations regulated by regulations of the procedural legislation of the Kyrgyz Republic (further - the legislation);

2) the relations regulated by the legislation on operational search activities;

3) the relations regulated by the legislation on administrative offenses;

4) the relations regulated by the legislation on regulatory legal acts;

5) the relations regulated by regulations of the voting right, the legislation on referendum;

6) the civil relations regulated by the civil legislation of the Kyrgyz Republic if other is not provided by this Law;

7) the relations connected with making of notarial actions;

8) the relations connected with execution of court resolutions;

9) the relations regulated by labor right, the legislation on public service, passing and the termination of military service, service in law enforcement agencies;

10) the relations regulated by the bank law, except for the ministerial procedures performed by National Bank of the Kyrgyz Republic;

11) the relations regulated by the legislation on bankruptcy;

12) the relations connected with making of consular actions;

13) the relations connected with acquisition and the termination of nationality of the Kyrgyz Republic;

14) the relations connected with rewarding with the state awards of the Kyrgyz Republic;

15) the relations regulated by the legislation on refugees and immigrants;

16) the relations regulated by the legislation on external migration.

Article 3. Legislation on administrative activities

The legislation on administrative activities consists of the Constitution, this Law and regulatory legal acts of the Kyrgyz Republic adopted according to them.

Article 4. Basic concepts

The concepts used in this Law have the following values:

1) administrative activities - the activities of administrative authorities making external impact and which are coming to the end with adoption of administrative acts and also action or failure to act which attracts legal and/or actual effects for physical persons or legal entities;

2) the administrative claim - the claim of the interested person to the adopted administrative act (action or failure to act of administrative authority and/or the official) submitted in administrative (pre-judicial) procedure;

3) administrative case - set of the documents and materials fixing process of preparation, consideration and decision making by administrative authority according to the statement of the interested person;

4) administrative meeting - procedural form of activities of administrative authority within which consideration and permission of the statement, administrative claim of the interested person by collegiate organ or the official of administrative authority is carried out;

5) ministerial procedures - the actions of administrative authority made based on the statement of the interested person, initiative of administrative authority of establishment (provision, the certificate, confirmation, registration, providing), to change or the termination of the rights and/or obligations, including which are coming to an end with issue of the administrative act (its acceptance, approval, approval), either registration or accounting of the interested person, its property, or provision of money, other property and/or services at the expense of means of the government budget from the property which is in the state-owned or municipal property;

6) the administrative act is act of administrative authority or its official, at the same time:

a) having public and individual and certain nature;

b) the interdepartmental nature having external impact, i.e. not having;

c) attracting consequence in law, i.e. establishing, changing, stopping the rights and obligations for the applicant and/or the interested person;

7) administrative authority - body of the state executive authority, executive body of local self-government, and also specially created bodies given the law authority constantly or temporarily to perform ministerial procedures;

8) discretion - set of the rights and obligations of administrative authorities, their officials giving them opportunity at discretion to determine type and contents (fully or partially) of the adopted administrative act, or giving choice opportunity at the discretion of one of several stipulated by the legislation versions of decisions;

9) the discretionary decision - the administrative determination, his official which is within its competence, accepted at discretion according to sense and the purpose of realization of discretionary powers;

10) the official - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative, administrative, control and auditing functions in administrative authorities;

11) the applicant - physical person or legal entity, and also the international organization if it is provided by the law, the international treaty of the Kyrgyz Republic, addressed for implementation of ministerial procedure;

12) the statement - the written or oral appeal of the applicant to administrative authority behind implementation of ministerial procedure;

13) the interested person - person in relation to whom the administrative authority on the initiative adopted the administrative act, and also person, whose right or the interest protected by the law can be affected as a result of the adopted administrative act;

14) participants of ministerial procedure - the applicant, interested persons, administrative authority, the official of administrative authority.

Chapter 2. Fundamental principles of administrative activities

Article 5. Legality of administrative activities

The administrative authority performs the administrative activities according to the legislation of the Kyrgyz Republic, within the powers established by the Constitution and the laws of the Kyrgyz Republic.

Article 6. Will lock abuses of formal requirements

It is forbidden to establish and impose on administrative authorities when implementing administrative activities the additional formal requirements which are not provided by regulatory legal acts or if these requirements do not influence the correct permission of administrative case.

Article 7. Restriction of discretionary powers

When implementing discretionary powers the administrative authority shall:

1) to be guided by need of protection of the rights and freedoms of man and citizen affirmed in the Constitution of the Kyrgyz Republic;

2) to be guided by the principles of equality, proportionality and uniform application of the right;

3) to be effective for achievement of other purposes established by this Law.

Article 8. Uniform application of the right

1. Administrative authorities shall show:

1) equal approach to identical actual circumstances if there is no basis for their distinguishing;

2) individual approach to significantly different actual circumstances.

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