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Law review for May 20-24, 2019

IBC
May 26, 2019

Amendments to the Civil Procedure Code of the Kyrgyz Republic

On May 21, 2019, President of the Kyrgyz Republic Sooronbai Jeenbekov signed the Law of the Kyrgyz Republic “On Amendments to the Civil Procedure Code of the Kyrgyz Republic”.

The law was adopted by the Jogorku Kenesh (Perliament) of the Kyrgyz Republic on April 11, 2019.

The adoption of this Law is due to the need to exclude duplicative provisions of the Civil Procedure Code of the Kyrgyz Republic and to apply references to the provisions of the Law of the Kyrgyz Republic “On the status of bailiffs and on enforcement proceedings” in the Civil Procedure Code of the Kyrgyz Republic.

Link: http://www.president.kg/ru/sobytiya/14123_vneseni_izmeneniya_vgraghdanskiy_processualniy_kodeks_kirgizskoy_respubliki

Amendments to some legislative acts in budget legislation

On May 20, 2019, President of the Kyrgyz Republic Sooronbai Jeenbekov signed the Law of the Kyrgyz Republic “On Amendments to Certain Legislative Acts in the Sphere of Budgetary Law”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on April 10, 2019.

The purpose of the Law is to bring certain norms of legislative acts of the Kyrgyz Republic in compliance with the Budget Code of the Kyrgyz Republic.

The adopted Law amends 2 codes and 8 laws of the Kyrgyz Republic, namely: the Forest Code, the Tax Code, laws: “On Education”, “On Health Protection of Citizens in the Kyrgyz Republic”, “On the National Academy of Sciences of the Kyrgyz Republic”, “On Electric and Postal Communication”, “On Natural Monopolies in the Kyrgyz Republic”, “On the Supreme Court of the Kyrgyz Republic and Local Courts”, “On the Election of Deputies of Local Keneshes”, “On the Universal Conscription of Citizens of the Kyrgyz Republic, on Military and Alternative Service."

Link: http://www.president.kg/ru/sobytiya/14121_vneseni_izmeneniya_vnekotorie_zakonodatelnie_akti_vsfere_byudghetnogo_zakonodatelstva

The State Committee for Information Technologies and Communications submits to the public discussion a draft regulatory legal act on licensing activities in electrical and postal communication

Since May 22, 2019, the State Committee for Information Technologies and Communications of the Kyrgyz Republic has submitted for public discussion a draft Government Regulation “On approval of the provision “On licensing activities in the field of electrical and postal communication”.

The bill was drafted in order to regulate the licensing procedure in the field of electrical and postal communication and (or) permits for admission to the territory of the Kyrgyz Republic, as well as to eliminate the conflict of regulatory legal acts in the field of licensing communications.

Link: http://www.gov.kg/?p=133154&lang=ru

Amendments to some legislative acts of the Kyrgyz Republic

On May 21, 2019, the President of the Kyrgyz Republic signed the Law of the Kyrgyz Republic “On Amendments to Certain Legislative Acts of the Kyrgyz Republic (to the Penal Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, and Criminal Procedure Code of the Kyrgyz Republic)”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on April 4, 2019.

The adoption of this Law is due to the need to bring certain norms of the Penitentiary Code and the Criminal Code of the Kyrgyz Republic in accordance with the international treaties.

The Criminal Procedure Code of the Kyrgyz Republic has been amended to bring it in line with the Constitution of the Kyrgyz Republic, the constitutional law of the Kyrgyz Republic “On certain powers of the prosecutor’s office as defined by the Constitution of the Kyrgyz Republic” in order to eliminate conflicts and fill gaps.

Link: http://www.president.kg/ru/sobytiya/14134_vneseni_izmeneniya_vnekotorie_zakonodatelnie_akti_kirgizskoy_respubliki

Amendments have been made to some legislative acts in construction

On May 22, 2019, the President of the Kyrgyz Republic signed the Law of the Kyrgyz Republic “On Amendments to Certain Legislative Acts in Construction”.

The law was adopted by the Jogorku Kenesh of the Kyrgyz Republic on April 18, 2019.

The main purpose (concept) of this Law is to solve problematic issues in the construction of industrial facilities.

Construction of industrial facilities by combining design and construction processes, taking into account the sequence of construction and launch complexes (in stages), will reduce the time and provide an opportunity to start industrial facilities ahead of time.

According to Article 2 of the Law of the Kyrgyz Republic “On the licensing system in the Kyrgyz Republic”, an exhaustive list of licenses and permits was created, but the type of “construction permit” was not provided. Therefore, this Law proposes the exclusion of the procedure for issuing building permits.

To introduce this concept, relevant amendments were made to the Laws “On Urban Planning and Architecture”, “On Individual Housing Construction in the Kyrgyz Republic”, “On the Basics of Urban Planning Legislation of the Kyrgyz Republic”, “On the Status of the Capital”, and “On the Status of the City of Osh”.

Link: http://www.president.kg/ru/sobytiya/14146_vneseni_izmeneniya_vnekotorie_zakonodatelnie_akti_vsfere_stroitelstva

The draft law “On Amendments to the Law of the Kyrgyz Republic “On Pastures” dubmitted for voting

On May 22, the Jogorku Kenesh deputies considered the second reading of the draft Law “On Amendments to the Law of the Kyrgyz Republic “On Pastures”.

The bill was to bring it into conformity with the norms of the Land Code of the Kyrgyz Republic regarding the provision of land plots for subsoil use without transferring (transforming) into another land category.

According to earlier amendments to the Land Code, land plots provided for the development of mineral resources and infrastructure construction, with the exception of especially valuable agricultural land and specially protected natural territories, are provided without transferring (transforming) to another land category in the manner established by the Government of the Kyrgyz Republic.

The main problem of obtaining land plots by subsoil users is the impossibility of obtaining right-of-trust documents of non-land relating to pastures. In this regard, to ensure the possibility of grazing land for all types of mineral resources, it is proposed to revise the concept of “use of pastures for other purposes”.

The bill was submitted to the vote in the second reading.

Link:http://www.kenesh.kg/ru/news/show/7805/napravlen-na-golosovanie-zakonoproekt-o-vnesenii-izmeneniy-v-zakon-kirgizskoy-respubliki-o-pastbishtah

The Jogorku Kenesh Committee considers the first reading the draft law “On Amendments to the Law of the Kyrgyz Republic “On Electric Power Industry”

On May 21, the Committee on Constitutional Legislation, State Structure, Judicial and Legal Issues and the Regulations of the Jogorku Kenesh considered the first reading of the draft law “On Amendments to the Law of the Kyrgyz Republic “On Electric Power Industry”.

The main idea of the draft law is to clarify the powers of distribution companies to provide electricity to all customers in the territory of their activities who have made a request for electricity, including the provision of electricity to customers in remote areas. The bill allows customers who have made a request for electricity to purchase and install power equipment at their own expense.

Following the discussion, the Committee approved the draft law and sent it to the Committee on Fuel and Energy Complex and Subsoil Use of the Jogorku Kenesh of the Kyrgyz Republic for consideration.

Link: http://www.kenesh.kg/ru/news/show/7791/komitet-zhogorku-kenesha-rassmotrel-zakonoproekt-o-vnesenii-izmeneniy-v-zakon-kr-ob-elektroenergetike-v-pervom-chtenii

On May 23, the deputies of the Kyrgyz Parliament held a vote on the considered draft laws. Following its results, the following bills were passed:

In the second reading:

On Amendments to the Law of the Kyrgyz Republic “On Pastures”;

- “On Amendments to the Law of the Kyrgyz Republic “On the Basics of Technical Regulation in the Kyrgyz Republic.”

The draft law was developed in order to bring the norms of the Law of the Kyrgyz Republic “On the Basics of Technical Regulation in the Kyrgyz Republic” in accordance with the regulatory framework of the Eurasian Economic Union in the field of technical regulation and harmonization of requirements in conformity assessment, improving the quality and competitiveness of products when working on standardization.

Link: http://www.kenesh.kg/ru/news/show/7822/rassmotren-zakonoproekt-o-vnesenii-izmeneniy-v-zakon-kr-ob-osnovah-tehnicheskogo-regulirovaniya-v-kr-vo-vtorom-chtenii