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Law review for December 21-25, 2020

IBC
December 27, 2020

GKPEN proposes to oblige subsoil users to open a reclamation account only in state banks

On December 22, the State Committee for Industry, Energy and Subsoil Use (GKPEN) submitted for discussion a draft resolution of the Government of the Kyrgyz Republic "On Amending the Resolution of the Government of the Kyrgyz Republic "On Approval of the Regulation on the Reclamation of Lands Disturbed in the Process of Subsoil Use" dated August 18, 2017 No. 517.

The amendments stipulate that in order to form a reclamation fund, a subsoil user must open a targeted reclamation account with a bank in the Kyrgyz Republic with a 100 percent state share of ownership prior to the commencement of geological exploration or field development.

For each object of subsoil use rights, the subsoil user opens a separate target reclamation account. At the moment, subsoil users open reclamation accounts in commercial banks of their choice.

Link: http://www.gkpen.kg/index.php/home1212/981-18-2017-517

The Ministry of Finance submits for public discussion the draft regulation on operations with precious metals

On December 21, the Ministry of Finance of the Kyrgyz Republic submitted for public discussion a draft resolution of the Government of the Kyrgyz Republic "On Amending the Resolution of the Government of the Kyrgyz Republic "On Certain Issues in the Field of Operations with Precious Metals and Precious Stones" dated June 27, 2018 No. 303".

Business entities carrying out operations for the sale and manufacture of jewelry made of precious metals and precious stones are required to keep records in the form established by the relevant Regulation.

The Ministry of Finance is amending the Resolution of the Government of the Kyrgyz Republic "On some issues in the sphere of operations with precious metals and precious stones "dated June 27, 2018 No. 303", namely the addition of clause 6 with the following paragraph:

"In the presence of automated accounting systems for transactions with precious metals and precious stones, the procedure for the introduction of accounting in electronic form is allowed."

Link: https://www.gov.kg/ru/npa/s/2850

The Ministry of Finance has made amendments to the budget classification

The Ministry of Finance made amendments to the order “On approval of the Budget classification of the Kyrgyz Republic”. The corresponding order was signed on December 7 by Minister of Finance.

According to the document, the order was developed in order to update the programmatic classification of expenses, based on the program budgets for 2020-2022 submitted by the ministries and departments to the law "On the national budget for 2020 and the forecast for 2021-2022", formed in accordance with the decree "On budgeting on a programmatic basis”.

This coding of the programs simplifies the application of the programmatic classification of expenses to the automated system of budget execution on a programmatic basis.

Link: https://www.gov.kg/ru/npa/s/2848

The bill "On Amendments to Legislative Acts on Economic Amnesty" adopted

On December 23, at a meeting of the Jogorku Kenesh, the deputies considered the draft law "On Amendments to Legislative Acts on Economic Amnesty" in the second and third readings.

The bill was developed in order to establish additional state guarantees for business entities, in relation to persons participating in the process of voluntary declaration of property and income during the period of the state budget deficit, as well as a manifestation of humanism towards persons held in prisons and pre-trial detention centers in the context of the spread of coronavirus infection (COVID-19).

The norms proposed by the draft law will also help to reduce government spending on the maintenance of convicts and persons under investigation and are aimed at humanizing criminal liability for certain economic and tax crimes, as well as crimes against property, the interests of service in commercial and other organizations.

Link: http://www.kenesh.kg/ru/news/show/10837/rassmotren-zakonoproekt-o-vnesenii-izmeneniy-v-zakonodatelynie-akti-po-voprosam-ekonomicheskoy-amnistii

A draft law on the ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the EAEU adopted

On December 23, at a meeting of the Jogorku Kenesh, the deputies considered the draft law "On the ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union, signed on February 3, 2020 in Moscow" in the second reading.

The Agreement governs relations arising in connection with the registration, legal protection and use of trademarks, service marks and appellations of origin of goods of the Eurasian Economic Union.

Link: http://www.kenesh.kg/ru/news/show/10836/napravlen-na-golosovanie-zakonoproekt-o-ratifikatsii-dogovora-o-tovarnih-znakah-znakah-obsluzhivaniya-i-naimenovaniyah-mest-proishozhdeniya-tovarov-eaes

Agreement on the mechanism of traceability of goods imported into the customs territory of the EAEU considered

At the meeting of the Jogorku Kenesh on December 23, the deputies considered the draft law "On the ratification of the Agreement on the mechanism of traceability of goods imported into the customs territory of the Eurasian Economic Union, signed on May 29, 2019 in the city of Nur-Sultan" in the third reading.

The agreement provides for the exchange of information contained in national traceability systems on goods subject to traceability and transactions related to the circulation of such goods between persons of different member states. The agreement is aimed at creating conditions that exclude the use of various schemes for evading the payment of customs and tax payments in order to confirm the legality of the turnover of goods when they are moved from the territory of one member state to the territory of another member state, as well as to ensure control over transactions related to the turnover of goods. The bill was sent to the vote.

Link: http://www.kenesh.kg/ru/news/show/10834/rassmotreno-soglashenie-o-mehanizme-proslezhivaemosti-tovarov-vvezennih-na-tamozhennuyu-territoriyu-eaes