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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 16, 2015 No. 645

About approval of the Regulations on procedure for write-off of the financial sanctions and penalty fee added for untimely and (or) incomplete payment of insurance premiums

For the purpose of stimulation of payers of insurance premiums on the national social insurance to debt repayment on insurance premiums of last years, timely payment of the current payments, according to article 2 of the Law of the Kyrgyz Republic "About write-off of financial sanctions and the penalty fee added for untimely and (or) incomplete payment of insurance premiums" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for write-off of the financial sanctions and penalty fee added for untimely and (or) incomplete payment of insurance premiums according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

T. Sariyev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of September 16, 2015 No. 645

Regulations on procedure for write-off of the financial sanctions and penalty fee added for untimely and (or) incomplete payment of insurance premiums

1. General provisions

1. This Provision determines procedure for write-off of the financial sanctions and penalty fee added for untimely and (or) incomplete payment of insurance premiums (further - financial sanctions and penalty fee) according to the Law of the Kyrgyz Republic "About write-off of financial sanctions and the penalty fee added for untimely and (or) incomplete payment of insurance premiums".

2. Write-off of financial sanctions and penalty fee of payers of insurance premiums on the national social insurance (further - payers) is performed by regional governments of Social fund of the Kyrgyz Republic (further - Social fund) based on decisions of the Commissions formed by regional governments of Social fund for place of registration of payers in case of submission of the documents confirming repayment of the main debt.

3. Write-off hopeless (unreal to collection) receivables according to financial sanctions and penalty fee of the payers who finished the procedure of process of bankruptcy without debt repayment before Social fund is made by regional governments of Social fund based on decisions of the commissions formed by regional governments of Social fund for place of registration of the legal entity concerning which insolvency proceeding is complete.

2. Procedure for submission of documents for write-off of financial sanctions and penalty fee

4. Payers represent to regional government of Social fund for place of registration the letter request in form according to appendix 1 to this Provision, and also the documents confirming repayment of the main debt on insurance premiums.

5. Regional government of Social fund constitutes calculation of the amount of financial sanctions and penalty fee for form according to appendix 11 to the Instruction of procedure for charge and payment of insurance premiums on the national social insurance", the Kyrgyz Republic approved by the order of the Government of May 22, 2013 No. 278 (further - the Instruction), and also the reconciliation statement in form according to appendix 2 to this Provision.

For example: The payer "And", having debt on insurance premiums for January 1, 2015 in the amount 30000, of one thousand som, and also according to financial sanctions and penalty fee - 8900, 0 thousand som added for untimely and (or) incomplete payment of insurance premiums on the debt formed from January 1, 2009 to December 31, 2014:

- in case of complete repayment of the main debt on insurance premiums in the amount 30000, 0 thousand som till September 1, 2015 to write-off are subject debt on financial sanctions and penalty fee in the amount of 8900, to 0 thousand som;

- in case of complete repayment of the main debt on insurance premiums in the amount 30000, one thousand som till November 1, 2015 to write-off is subject debt on financial sanctions and penalty fee in the amount of 7120, to 0 thousand som;

- in case of complete repayment of the main debt on insurance premiums in the amount 30000, one thousand som till January 1, 2016 to write-off is subject debt on financial sanctions and penalty fee in the amount of 5340, to 0 thousand som;

- in case of complete repayment of the main debt on insurance premiums in the amount 30000, 0 thousand som till March 1, 2016 to write-off are subject debt on financial sanctions and penalty fee in the amount of 3560, to 0 thousand som;

- in case of complete repayment of the main debt on insurance premiums in the amount 30000, 0 thousand som till May 1, 2016 to write-off are subject debt on financial sanctions and penalty fee in the amount of 1780, to 0 thousand som.

3. Operating procedure of the Commission on write-off of financial sanctions and penalty fee

6. The commission is created by the order of regional government of Social fund. The Commissions are included specialists of regional government, commission chairman is the head of regional government of Social fund.

7. The documents specified in Item 5 of this provision are considered by the Commission within 15 working days from the date of receipt of the letter request of the payer.

8. In case of write-off hopeless (unreal to collection) receivables according to financial sanctions and penalty fee of the payers who finished the procedure of process of bankruptcy without debt repayment before Social fund the Commission considers the following documents:

1) the judgment about completion of process of bankruptcy or the letter of authorized body for bankruptcy about completion of process of bankruptcy of the legal entity;

2) the order of the registering state body on registration of the termination of activities of the legal entity;

3) the inventory report hopeless (unreal to collection) receivables, including according to financial sanctions and penalty fee, constituted by regional government of Social fund.

9. The inventory report hopeless (unreal to collection) receivables according to financial sanctions and penalty fee of the payers who finished the procedure of process of bankruptcy without debt repayment before Social fund is constituted in duplicate, one copy remains in regional government of Social fund, the second copy goes to Social fund.

10. The decision of the Commission is drawn up by the protocol in form according to appendix 3 to this Provision and is the basis for write-off of financial sanctions and penalty fee of payers in case of complete repayment of the main debt on insurance premiums.

11. The protocol of the decision of the commission is constituted in triplicate, one copy goes to Social fund, the second - to the payer, the third copy remains in regional government of Social fund.

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