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Law review for March 30 – April 3, 2020

IBC
April 5, 2020

The Law of the Kyrgyz Republic “On Amending Certain Legislative Acts of the Kyrgyz Republic (Criminal Code of the Kyrgyz Republic, Code on Misconduct and Code on Violations)” signed

On April 3, 2020, President of the Kyrgyz Republic Sooronbai Jeenbekov signed the Law of the Kyrgyz Republic “On Amending Certain Legislative Acts of the Kyrgyz Republic (Criminal Code of the Kyrgyz Republic, Code of the Kyrgyz Republic on Misconduct, and Code of the Kyrgyz Republic on Violations)”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on April 1, 2020.

The purpose of the Law is to bring certain codes of the Kyrgyz Republic in accordance with the constitutional Law of the Kyrgyz Republic “On the State of Emergency” in terms of determining liability for violations of the emergency regime, state of emergency and martial law.

The adopted Law provides for the introduction of the following types of liability:

- Violation of sanitary-epidemiological rules during the period of emergency situation, state of emergency and martial law;

- Violation of the requirements of the emergency situation, state of emergency and martial law;

- Violation of the requirements (rules) of restrictive measures (quarantine);

- Violation of the legislation on the circulation of medicines;

- Non-compliance with the requirements (conditions) of curfew;

- Violation of law and order in the conditions of an emergency situation, state of emergency and martial law;

- Overpricing of food in the conditions of an emergency situation, state of emergency and martial law.

The law comes into force from the day of its official publication.

April 3, 2020

Link: http://www.president.kg/ru/sobytiya/16459_podpisan_zakon_krovnesenii_izmeneniy_vnekotorie_zakonodatelnie_akti_krugolovniy_kodeks_kr_kodeks_kroprostupkah_kodeks_kronarusheniyah

President Jeenbekov signs the law on amendments aimed at stabilization of social and economic situation due to force majeure circumstances

On April 3, 2020, President of the Kyrgyz Republic Sooronbai Jeenbekov signed the Law of the Kyrgyz Republic “On Amending Certain Legislative Acts of the Kyrgyz Republic on the Stabilization of the Social and Economic Situation in Connection with Force Majeure”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on April 1, 2020.

In accordance with the legislation of the Kyrgyz Republic, the official website of the President of the Kyrgyz Republic is considered to be the official publication of the Law.

The text of the Law of the Kyrgyz Republic “On Amending Certain Legislative Acts of the Kyrgyz Republic on the stabilization of the socio-economic situation in connection with force majeure circumstances” attached.

Link: http://www.president.kg/ru/sobytiya/16454_podpisan_zakon_ovnesenii_izmeneniy_vnekotorie_zakonodatelnie_akti_kirgizskoy_respubliki_povoprosam_stabilizacii_socialno_ekonomicheskoy_situacii_vsvyazi_sobstoyatelstvami_nepreodolimoy_sili

A bill on the appointment of a referendum to determine the state structure submitted for public discussion

On April 1, 2020, the draft Law of the Kyrgyz Republic “On Calling a Referendum on Determining the State Structure of the Kyrgyz Republic (nationwide vote)” was submitted for public discussion

In order to freely express the will of the people of Kyrgyzstan, which is the bearer of sovereignty and the only source of state power in the Kyrgyz Republic, guided by paragraph 1 of part 1 of article 74 of the Constitution of the Kyrgyz Republic and parts 1, 2 and 4 of article 12 of the constitutional Law of the Kyrgyz Republic “On the referendum of the Kyrgyz Republic”, The Jogorku Kenesh of the Kyrgyz Republic adopts this Law.

Article 1.

To call a referendum (nationwide vote) throughout the Kyrgyz Republic on Sunday, October 4, 2020.

Article 2.

To approve the following wording of the question included in the voting ballot: “What form of government of the Kyrgyz Republic do you support?

- Parliamentary Yes No

- Presidential Yes No

(Put the corresponding sign in the square of the answer chosen by you).”

The bill was developed in order to create conditions for the people to determine the state system.

Link: http://www.kenesh.kg/ru/article/show/6599/na-obshtestvennoe-obsuzhdenie-s-1-aprelya-2020-goda-vinositsya-proekt-zakona-kirgizskoy-respubliki-o-naznachenii-referenduma-po-opredeleniyu-gosudarstvennogo-ustroystva-kirgizskoy-respubliki-vsenarodnogo-golosovaniya

The Parliament Committee supports the initiative to accelerate the adoption of bills in the state of emergency and entrepreneurship support

On March 31, the Parliament Committee on Constitutional Legislation, State Structure, Judicial Legal Issues and the Rules of the Jogorku Kenesh considered the draft Law “On Amending Certain Legislative Acts of the Kyrgyz Republic (to the Tax Code, Code on Violations) as an extraordinary measure.

Due to the recent events in the country related to the COVID-19 pandemic, some MPs proposed amending the Laws of the Kyrgyz Republic “On declaring the income, expenses, obligations and property of persons replacing or holding state and municipal positions”, “On regulatory legal acts of the Kyrgyz Republic” and “On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic”.

The draft law proposes to change the deadline for submitting a declaration in case of force majeure, as well as to change the procedures for considering bills (simultaneously in three readings) to stabilize the social and economic situation in connection with the introduction of a state of emergency and / or force majeure circumstances.

Link: http://www.kenesh.kg/ru/news/show/9889/komitet-zhogorku-kenesha-podderzhal-initsiativu-po-uskorennomu-prinyatiyu-zakonoproektov-v-usloviyah-chrezvichaynogo-polozheniya-i-podderzhki-predprinimatelystva

The Parliament Committee approves a draft resolution “On measures to reduce the negative social and economic consequences in connection with currency inflation and the spread of COVID-19”

On March 31, the Committee on Economic and Fiscal Policy of the Jogorku Kenesh of the Kyrgyz Republic considered and approved the draft resolution of the Jogorku Kenesh "On measures to reduce the negative social and economic consequences of currency inflation and the spread of COVID-19."

MPs proposed introducing a one year moratorium on inspections of small and medium-sized businesses, with the exception of inspections conducted by tax authorities; to develop a program to preserve the banking system in times of crisis; to prohibit the export of essential goods and certain medical devices and medicines, according to the list determined by the Government of the Kyrgyz Republic; to develop and adopt a procedure for restructuring loans in foreign currency taken by citizens of the Kyrgyz Republic and domestic companies, to form a state reserve fund to combat COVID-19, etc.

Link: http://www.kenesh.kg/ru/news/show/9885/komitet-zhk-kr-odobril-proekt-postanovleniya-parlamenta-o-merah-po-sokrashteniyu-negativnih-sotsialyno-ekonomicheskih-posledstviy-v-svyazi-s-valyutnoy-inflyatsiey-i-rasprostraneniem-covid-19

Parliament Committee approves a bill to reduce barriers to the introduction of innovative technologies in the banking and payment systems market

On March 31, the Committee on Economic and Fiscal Policy of the Jogorku Kenesh of the Kyrgyz Republic considered and approved the third reading the draft law “On Amending Certain Legislative Acts of the Kyrgyz Republic (in the Laws “On the National Bank of the Kyrgyz Republic, Banks and Banking Activities”, “On Innovation activities", and "On the Licensing System in the Kyrgyz Republic")."

The draft law is designed to reduce barriers to the introduction of innovative services and technologies in the market of banking and payment systems by existing and new players, to increase the availability of services, promote competition and lower the cost of financial services.

Link: http://www.kenesh.kg/ru/news/show/9884/komitet-zhogorku-kenesha-odobril-zakonoproekt-o-snizhenii-baryerov-dlya-vnedreniya-innovatsionnih-tehnologiy-na-rinok-bankovskih-i-platezhnih-sistem

The Parliament Committee approves the draft law “On Amending Certain Legislative Acts of the Kyrgyz Republic (in the Tax Code of the Kyrgyz Republic, Code of Violations)

On March 31, the Committee on Economic and Fiscal Policy of the Jogorku Kenesh of the Kyrgyz Republic approved the second and third readings of the draft law “On Amending Certain Legislative Acts of the Kyrgyz Republic (the Tax Code and Code on Violations)”.

The purpose of the bill is to resolve differences with the EAEU member states regarding the recognition of the mechanism of the minimum level of control prices as a barrier to mutual trade.

In order to support the population and business entities, the deputies of the Jogorku Kenesh made a number of amendments and additions to this bill in connection with the latest events in the country and the world related to the coronavirus pandemic.

It is proposed that from April 1 to October 1, 2020, taxpayers can submit applications for deferment or installment plan on the amount of tax debt resulting from force majeure circumstances without presenting bank guarantee documents for a period of not more than one year;

- the deadline for tax reporting, with the exception of tax reporting on indirect taxes when importing goods to the territory of the Kyrgyz Republic from the EAEU, is extended for business entities until July 1, 2020;

- for non-fulfillment by the taxpayer of tax obligations for the period from March to June 2020 as a result of force majeure circumstances, no tax sanction and penalty are applied.

In addition, the deadline for submitting a single tax return for 2019 by individuals and individual entrepreneurs is to be set until April 1, 2021.

Link: http://www.kenesh.kg/ru/news/show/9883/profilyniy-komitet-odobril-zakonoproekt-o-vnesenii-izmeneniy-v-nekotorie-zakonodatelynie-akti-kr-v-nalogoviy-kodeks-kr-kodeks-o-narusheniyah

A bill passed on holding citizens accountable for violations of the sanitary-epidemiological rules

On April 1, 2020, deputies of the Jogorku Kenesh of the Kyrgyz Republic adopted the second and third reading a bill amending the relevant codes of the country in terms of holding citizens accountable for violations of the sanitary-epidemiological rules and curfew in a state of emergency. Amendments are proposed to be made to the Criminal Code, Code of Misconduct and Code of Violations.

Link: http://www.kenesh.kg/ru/news/show/9902/prinyat-zakonoproekt-o-privlechenii-grazhdan-k-otvetstvennosti-za-narusheniya-sanitarno-epidemiologicheskih-pravil

MPs propose to create a reserve fund to combat COVID-19

On April 1, 2020, deputies of the Jogorku Kenesh of the Kyrgyz Republic adopted a draft resolution of the Jogorku Kenesh “On measures to reduce the negative socio-economic consequences in connection with currency inflation and the spread of coronavirus infection COVID-19.”

Based on this draft resolution of the Jogorku Kenesh, it is proposed:

- Introduce a one-year moratorium on inspections of small and medium-sized businesses, with the exception of inspections conducted by tax authorities;

- develop a program to preserve the banking system in times of crisis;

- prohibit the export of essential goods and certain medical devices and medicines, according to the list determined by the Government of the Kyrgyz Republic;

-develop and adopt a procedure for restructuring loans in foreign currency taken by citizens of the Kyrgyz Republic and domestic companies;

- create a State Reserve Fund to combat COVID-19 and others.

Link: http://www.kenesh.kg/ru/news/show/9900/predlagaetsya-sformirovaty-rezervniy-fond-dlya-borybi-s-covid-19