The Ministry of Economy proposes to introduce a moratorium on inspections of business entities conducted by law enforcement agencies until January 1, 2022
On November 6, 2020, the Ministry of Economy of the Kyrgyz Republic submitted for public discussion a draft resolution of the Government of the Kyrgyz Republic "On the introduction of a temporary ban (moratorium) on inspections of business entities conducted by law enforcement agencies."
This draft regulation is aimed at eliminating the interference of law enforcement agencies in the activities of business entities and creating a favorable investment environment.
In order to create favorable conditions for entrepreneurs and support the economic activities of business entities, ensure their legal protection, eliminate unjustified and unnecessary interference of certain law enforcement agencies in the activities of business entities, as well as in connection with the spread of the COVID-19 virus, in accordance with Articles 10 and 17 of the Constitutional Law of the Kyrgyz Republic "On the Government of the Kyrgyz Republic" The Government of the Kyrgyz Republic decided:
1. Introduce a temporary ban (moratorium) on inspections of business entities conducted by law enforcement agencies until January 1, 2022, with the exception of inspections carried out:
- Within the framework of criminal and civil proceedings;
- By applications of individuals and legal entities;
- By the customs service, in relation to goods under customs control.
The Ministry of Finance has developed a draft regulation on the application of incentives to internal suppliers (contractors)
On November 6, the Ministry of Finance of the Kyrgyz Republic submitted for public discussion a draft order of the Ministry of Finance “On approval of the methodological instruction on the application of benefits to internal suppliers (contractors)”.
This draft order was developed in order to bring the normative legal acts governing the procedure for conducting public procurement in accordance with the Law of the Kyrgyz Republic "On Public Procurement".
In order to support domestic producers and improve the regulatory legal framework in the field of public procurement, the Law of the Kyrgyz Republic "On Amendments to the Law of the Kyrgyz Republic" On Public Procurement" dated April 20, 2020 No. 48 was adopted. The law establishes benefits for domestic suppliers providing goods produced on the territory of the Kyrgyz Republic, and to internal contractors, provided that at least 70 percent of local labor resources and at least 30 percent of local raw materials and materials are used.
At the same time, at present, when evaluating bids, the tender commissions of procuring organizations experience difficulties in applying in practice the current edition of the Methodological Instruction, since it is complex in content.
Considering that, according to the requirements of the Law, often out of three members of the tender committee, only one member of the commission is a procurement specialist who has a confirmation certificate, each member of the tender commission cannot interpret and correctly evaluate the tender bid independently.
In this regard, in accordance with Article 11 of the Law of the Kyrgyz Republic "On Regulatory Legal Acts of the Kyrgyz Republic" for the purpose of simple and accessible interpretation for bidders, a draft Methodological Instruction on the Application of Benefits to Internal Suppliers (Contractors) was developed to facilitate, understand and apply in practice.
A bill on combining the design and construction of facilities considered
On November 4, at a meeting of the Jogorku Kenesh, the MPs considered the draft law "On Amendments to Certain Legislative Acts of the Kyrgyz Republic in the Sphere of Construction" (the Law "On Urban Development and Architecture of the Kyrgyz Republic", Housing Code, Land Code) in the second reading.
The bill was developed in order to solve problematic issues in the construction sector, in particular, the long terms of consideration of the submitted documents to the State authorities.
In 2017, a group of deputies initiated a similar bill aimed at regulating the issues of phased design and construction of facilities. However, there was an objection from the President, in particular, it was noted that the absence of the concept of "phased design and construction" and the vagueness of the cases of its application will create wide opportunities for all kinds of abuse.
In this regard, when discussing the draft law, it was proposed to state paragraphs 4 and 5 of Article 1 in the following edition:
"1.1. Design and construction of multi-storey residential buildings, public, industrial, water management facilities, as well as linear facilities can be carried out by combining the design and construction processes in the manner prescribed by the Government of the Kyrgyz Republic."
The Ministry of Finance has developed a draft law in the field of non-tax revenues
The Ministry of Finance of the Kyrgyz Republic has developed a draft Law of the Kyrgyz Republic “On Amendments to the Code of the Kyrgyz Republic on Non-Tax Revenues”.
The bill was developed in order to increase the revenue side of the national budget, maintain conscientious carriers and reduce the level of illegal import of consumer goods from the EAEU member countries into the territory of the Kyrgyz Republic by introducing a fee for escorting and storing goods, if the procedure for importing goods into the territory of the Kyrgyz Republic was violated.
The bill stipulates that when violations of the procedure for importing goods into the territory of the Kyrgyz Republic are detected, a fee is provided for escorting and storing goods.