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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 27, 2016 No. 417

About approval of Provisional rules of registration of the inspections which are carried out by law enforcement agencies and bodies of Tax Service concerning subjects of entrepreneurship and local government bodies

For the purpose of elimination of unreasonable intervention of state bodies in activities of subjects of entrepreneurship and local government bodies, strengthening of their legal protection, creation of the favorable entrepreneurial and investment circle, counteraction to manifestation of corruption risks when implementing checks by law enforcement agencies and bodies of Tax Service, strengthening of the state discipline in system of public administration, and also for the purpose of implementation of the Presidential decree of the Kyrgyz Republic "About additional measures for legal protection of subjects of entrepreneurship and local government bodies when checking their activities by law enforcement and tax authorities" of March 15, 2016 58, according to 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 No.:

1. Approve Provisional rules of registration of the inspections which are carried out by law enforcement and tax authorities concerning subjects of entrepreneurship and local government bodies (further - Provisional rules) according to appendix.

2. To the Minister of Internal Affairs of the Kyrgyz Republic, chairmen of the State committee of homeland security of the Kyrgyz Republic, Public service on fight against economic crimes under the Government of the Kyrgyz Republic, State Customs Service under the Government of the Kyrgyz Republic and State Tax Administration under the Government of the Kyrgyz Republic to inform personal structures of the headed structures about inadmissibility of conducting checks without their registration in bodies of prosecutor's office, according to the procedure, provided by Provisional rules.

3. To the Ministry of Economics of the Kyrgyz Republic in six-months time to submit in accordance with the established procedure for consideration of the Government of the Kyrgyz Republic the bill of introduction of corresponding changes and amendment in legal acts of the Kyrgyz Republic, taking into account the features performed from law enforcement agencies and bodies of Tax Service.

4. Recommend to the Prosecutor General's Office of the Kyrgyz Republic in interaction with the Ministry of Economics of the Kyrgyz Republic and the State agency on cases of local self-government and the interethnic relations under the Government of the Kyrgyz Republic:

- wage in the territory of the republic information campaign about established procedure of rules of registration of the checks which are carried out by law enforcement and tax authorities concerning subjects of entrepreneurship and local government bodies;

- take necessary measures for execution of this resolution.

5. This resolution becomes effective from the date of publication and is effective before legislative settlement of order of registration of the inspections which are carried out by law enforcement and tax authorities concerning subjects of entrepreneurship and local government bodies.

6. Operation of this resolution does not extend to the current inspections which are carried out by law enforcement and tax authorities, appointed before entry into force of this resolution.

7. To impose control of execution of this resolution on the vice-Prime Ministers of the Kyrgyz Republic supervising questions of economy, entrepreneurship and local self-government.

Prime Minister

S. Zheenbekov

Appendix

Provisional rules of registration of the inspections which are carried out by law enforcement agencies and bodies of Tax Service concerning subjects of entrepreneurship and local government bodies

1. General provisions

1. These Provisional rules establish order of registration, the statistical recording and control of the inspections which are carried out by law enforcement agencies within criminal trial and the legislation on operational search activities and bodies of Tax Service within the tax legislation concerning subjects of entrepreneurship and local government bodies.

2. These Provisional rules do not extend:

- on the raid tax control which is carried out concerning persons performing business activity without allowing documents (the registration certificate as the legal entity or the individual entrepreneur, licenses, permissions and the patent for the right of implementation of economic activity) and/or without registration in tax authority;

- on the unscheduled inspections which are carried out concerning legal and individual entities during liquidation procedure of bankruptcy or in connection with reorganization of the organization;

- on the unscheduled inspections which are carried out in connection with the termination of activities of the individual entrepreneur;

- on the customs inspections which are carried out by customs authorities concerning observance of the customs legislation;

- on the cameral checks and control purchase which are carried out by tax authorities.

3. In these Provisional rules the following terms and concepts are used:

registration of checks - fixing (entry) in the Book of accounting of acts of purpose of checks for the purpose of their accounting and giving to legality checks. Registration of checks is performed as in printing (written), and electronically;

subjects of entrepreneurship are individual entrepreneurs, commercial and non-commercial legal entities irrespective of their forms of business and patterns of ownership and implementation of types of activity by them;

acts of purpose of checks - orders, resolutions and instructions, the schedule of checks of the authorized officer of law enforcement agency and body of Tax Service. The basis for the publication of the act of purpose of check are the requirements established by the legislation of the Kyrgyz Republic regulating procedure and appointment procedure of the inspections which are carried out by law enforcement agencies and bodies of Tax Service;

check - control actions in the understanding stated in the legislation on checks including the tax legislation, the legislation on operational search activities, the Code of penal procedure of the Kyrgyz Republic. Check is understood not only as visits by authorized officers of law enforcement agencies and bodies of Tax Service of subjects of entrepreneurship and local government bodies in the place of their stay, but also challenge in law-enforcement bodies and bodies of Tax Service of representatives of subjects of entrepreneurship and local government bodies and reclamation of documents of their financial and economic activities for the purpose of conducting check;

scheduled inspection - the inspection of execution by the taxpayer of the tax liability on all types of tax which is carried out by bodies of Tax Service no more once after the expiration of 12 months from the date of following behind day of the end of the last check by one of bodies of Tax Service according to the plan of checks;

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