Annex 1 | ||
Approved by the Resolution of the Government of the Kyrgyz Republic as of February 20, 2012 No. 117 |
The Regulations
on the Ministry of Economy of the Kyrgyz Republic
(As amended by the Resolutions of the Government of the Kyrgyz Republic as of December 4, 2012 No. 812, June 4, 2013 No. 312, July 4, 2014 No. 370, February 12, 2015 No. 52, March 30, 2015 No. 168, June 16, 2015 No. 364, October 6 2015 No. 685, October 26, 2015 No. 731, December 10, 2015 No. 851, September 27, 2016 No. 510, November 4, 2016 No. 570, December 12, 2016 No. 653, December 30, 2016 No. 712, November 13, 2017 No. 736; November 24, 2017 No. 772; November 22, 2018 No. 551)
1. General provisions
1. The Ministry of Economy of the Kyrgyz Republic (hereinafter referred to as the Ministry) is the central executive body responsible for development and implementation of state macroeconomic, antitrust, tariff, licensing, investment, foreign economic, fiscal policies, public-private partnership, state reserves, economic and regional development, state property management, technical regulation and metrology, as well as development of halal industry, trade, development of entrepreneurship and optimization of the regulatory framework for business activities regulation, development of free economic zones.
(As amended by the Resolution of the Government of the Kyrgyz Republic as of July 4, 2014 No. 370, December 10, 2015 No. 851, September 27, 2016 No. 510)
2. In its activities the Ministry is guided by the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic, generally recognized principles and norms of international law, international treaties that entered into force according to the procedure provided for by the legislation, to which the Kyrgyz Republic is a party, and by these Regulations.
3. The Ministry carries out its activities in cooperation with state bodies, local governments, public associations, scientific and other organizations, enterprises, institutions.
4. The Ministry is a legal entity, it has a seal displaying the State Emblem of the Kyrgyz Republic and its name in the state, official and English languages. The Ministry enters into civil law relations on its own behalf and has the right to act as a party to civil law relations on behalf of the state under the legislation of the Kyrgyz Republic.
2. Objective of the Ministry
5. The objective of the Ministry is to ensure socio-economic progress and sustainable development of the Kyrgyz Republic.
(As amended by the Resolutions of the Government of the Kyrgyz Republic as of December 10, 2015 No. 851, September 27, 2016 No. 510)
3. Tasks of the Ministry
6. The tasks of the Ministry are as follows:
- formation of state economic policy;
- identification of economic development priorities of the country;
- enhance investment attractiveness of the country and create favorable conditions for doing business;
- (para 5 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 6 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 7 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
(As amended by the Resolution of the Government of the KR as of December 10, 2015 No 851, September 27, 2016 № 510)
4. Functions of the Ministry
7. The Ministry performs the following functions:
1) sectoral policy functions:
- develops forecasts and implements analysis and evaluation of socio-economic development of the Kyrgyz Republic;
- develops and implements a unified state policy of economic development, including methods and means to achieve macroeconomic stabilization;
- develops and implements a unified state policy in the field of direct investment and public-private partnership, taking into account the economic development priorities;
- develops and implements export control measures;
- develops and implements a unified state policy of integrated regional development, including economic forecasts;
- (para 7 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- develops a unified state policy for business activity regulation in the licensing-permissive and control and supervisory spheres, and makes proposals to simplify and streamline the procedure for obtaining licenses and permits, to optimize inspections of business entities;
- enables the continuity of the process of regulatory framework optimization intended for regulation of business activities;
- develops proposals for development and implementation of a unified state policy in the field of technical regulation and ensuring uniformity of measurements;
- creates and maintains an integrated technical regulation information system in the Kyrgyz Republic;
- provides for uniformity of measurements in the Kyrgyz Republic in accordance with international norms and rules;
- implements the state policy on halal industry development in the Kyrgyz Republic in accordance with international requirements, taking into account the needs and interests of the economy;
- carries out legal advocacy activities in the supervised sector;
- participates in assessment and examination of fiscal measures impact on economic development;
- participates in assessment of fiscal transformations impact on the revenues of the consolidated republican budget;
- reviews tax and customs legislation of member states of the Commonwealth of Independent States and non-CIS countries;
- carries out the work to provide written responses to requests from taxpayers regarding application of tax and customs legislation rules of the Kyrgyz Republic;
- works on confirmation of tax benefits for business entities participating in development projects funded by international financial institutions;
- determines the policy for free economic zones (FEZ) functioning in terms of taxation;
- carries out the work related to provision of written responses to requests from taxpayers regarding application of the provisions of international treaties entered into force in accordance with legal procedure to which the Kyrgyz Republic is party, for avoidance (elimination) of double taxation and prevention of tax evasion on income and capital, and based on written application of citizens provides confirmation of their tax status (residency) in the Kyrgyz Republic in order to apply these international treaties;
- submits proposals to the Government of the Kyrgyz Republic on division of functions between ministries and departments, as well as other organizations in the field of technical regulation and providing for uniformity of measurements;
- develops and implements state policy in the field of foreign and domestic trade;
- implements a unified policy to promote the “single window" principle in foreign trade;
- (para 24 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- develops measures to improve foreign trade, develop and stimulate export of products and increase export potential of the republic;
- reviews the trade balance, develops measures for its regulation;
- monitors and analyzes the situation of retail prices for main types of food and non-food products;
- develops proposals for harmonization of foreign trade operations in accordance with the rules and regulations of the World Trade Organization (WTO), the obligations of the Eurasian Economic Union, and also provides coordination of activities of the Kyrgyz Republic in the Eurasian Economic Union;
- develops, in accordance with established procedure, proposals for concluding international agreements on foreign economic relations, as well as on issues within the competence of the Ministry, ensures fulfillment of the obligations of the Kyrgyz party under these agreements;
- develops proposals for application of measures of customs-tariff and non-tariff regulation of foreign trade activities;
- conducts anti-dumping proceedings, proceedings prior to introduction of special protective and countervailing measures in accordance with the legislation of the Kyrgyz Republic;
- submits proposals to the Government of the Kyrgyz Republic for setting quotas for marketable products in accordance with the legislation of the Kyrgyz Republic;
- develops regulatory legal acts regarding the scope of activities of the Ministry;
- implements coordinated state policy in the field of bankruptcy and its prevention in accordance with the legislation of the Kyrgyz Republic;
- implements the state policy on development of evaluation activities, carries out the work on improvement and development of evaluation institute in the Kyrgyz Republic through its methodological support;
- develops a unified state antimonopoly policy, makes proposals on improving legislation related to consumer rights protection, advertising, improving the procedure of pricing (tariff) policy;
- develops recommendations for state and local authorities on measures aimed at protecting and developing competition, protecting consumer rights and regulating advertising activities;
- maintains a unified register of public services provided by state executive bodies and their structural subdivisions;
- (para 39 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 40 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 41 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 42 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 43 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- organizes the work of interdepartmental commissions under the Government of the Kyrgyz Republic on issues within the competence of the Ministry;
- develops a forecast of labor resource needs in economic activity;
- develops, analyzes and implements the state policy of free economic zones functioning;
- develops and implements preventive measures in the sphere of shadow economy legalization;
- develops draft regulatory legal acts on issues of accumulation, re-booking, borrowing tangible assets from the state material reserve, volumes of annual supplies of tangible assets to the state material reserve and on the amount of their budgetary funding;
- carries out analysis and forecast of inventory items included in the nomenclature of the state reserve, for subsequent use of the results of analysis and forecast when entering in the books, accumulation and re-booking;
- approves proposals to the draft republican budget for the corresponding year regarding structure of expenditures of the state material reserve system prepared by the authorized body that implements the policy in the field of state material reserves;
- (para 51 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 52 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 53 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 54 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (абзац 55 утратил силу в соответствии с постановлением Правительства КР от 27 сентября 2016 года № 510)
- (para 56 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 57 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 58 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 59 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 60 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- carries out the forecast of volumes of external and internal trade in goods and services;
- develops proposals for state and local governments of the Kyrgyz Republic to improve investment climate in the Kyrgyz Republic;
- develops a state property management policy;
2) regulation functions:
- (para 2 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of October 26, 2015 No. 731)
- (para 3 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of October 26, 2015 No. 731)
- in accordance with established procedure submits proposals on introduction of compulsory licensing, prohibition or suspension of export-import operations of economic entities if they violate antitrust laws;
- issues licenses for export and import of goods and services;
- maintains state registers of issued certificates of conformity and accepted declarations of conformity;
- forms and maintains the national part of the Unified Register of issued certificates of conformity and registered declarations of conformity of the Eurasian Economic Union;
- generates a list of products subject to mandatory conformity assessment;
- reviews regulatory impact analysis (RIA) of draft regulatory and legal acts regulating entrepreneurial activity submitted by state and local government bodies;
- (para 10 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- carries out assessment and approves public-private partnership projects initiated by government partners;
- authorizes valuation bodies to assess (confirm) compliance with the requirements of technical regulations;
3) coordination, control and monitoring functions:
- coordinates the optimization process in licensing-permissive and supervisory spheres;
- ensures fulfillment of the obligations of the Kyrgyz Republic within the framework of WTO membership, including technical barriers to trade and application of sanitary and phytosanitary measures;
- (para 4 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 5 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- monitors implementation of measures to improve the situation in the field of domestic trade, on development of cross-border and exchange trade;
- coordinates and organizes the work on development of draft technical regulations;
- coordinates and methodologically supports activities of participants in the system of technical regulation and providing for uniformity of measurements;
- monitors actions (inaction) of state bodies and local authorities aimed at preventing, restricting or eliminating competition;
- organizes and coordinates development of socio-economic development programs of the Kyrgyz Republic, taking into account sustainable and balanced economic growth;
- provides methodological support for implementation of the strategic planning framework taking into account sustainable development model, including for the regions;
- implements state policy in the field of mobilization preparation of the economy;
- provides conditions for implementation of bankruptcy process and control over the conduct of bankruptcy procedures by administrators;
- coordinates and interacts with international financial institutions and donor organizations in the republic within its competence;
- in accordance with established procedure, carries out general coordination of issues for attracting and using international grants and technical assistance, with the exception of projects under the public investment program;
- functions as the secretariat of the intergovernmental trade and economic commissions, coordinates the work of ministries and departments on preparation of materials for meetings of intergovernmental commissions, as well as subsequent monitoring of implementation of protocol decisions;
- coordinates activities of state bodies in the field of export control;
- attracts international technical and investment assistance for regional development;
- coordinates the process of regional development planning based on medium-term and long-term development programs of the regions;
- assists the regions in development and monitoring of implementation of territorial development programs (plans);
- coordinates the work of government bodies to improve state policy in relation to free economic zones;
- coordinates strategic planning for sustainable development;
- (para 22 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 23 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 24 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 25 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 26 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 27 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 28 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- monitors the situation of consumer market and prepares forecast calculations and analysis of product demand necessary to determine the need for commodity resources;
4) Service functions:
- in accordance with established procedure considers appeals, applications, complaints of the individuals and legal entities on issues under the jurisdiction of the Ministry;
- provides individuals and legal entities with information and advisory assistance on matters within the jurisdiction of the Ministry;
5) Support functions:
- forms the Program for development of draft technical regulations based on proposals from state and local self-government bodies, scientific institutions, individuals and their associations;
- forms, approves the personal composition of expert commissions on technical regulation and supports their activities;
- collects and analyzes the information on cases of damage caused to life and health of people, animals and plants, environmental protection because of violations of technical regulations;
- prepares proposals for international cooperation development in the field of technical regulation and providing for uniformity of measurements;
- participates in the procedure for concluding international treaties, development and implementation of international projects and programs, as well as in cooperating with government agencies, non-profit organizations of foreign states and international organizations on issues within the competence of the Ministry;
- participates in anti-dumping proceedings and procedures for protection of domestic market of the Kyrgyz Republic;
- submits proposals on application of special protective, anti-dumping and countervailing measures;
- organizes negotiations regarding conclusion of agreements to avoid double taxation and prevent tax evasion on income and capital;
- in accordance with established procedure, grants and revokes the right to conduct testing of measuring instruments and (or) certification of reference samples in order to approve the type and (or) to carry out verification of measuring instruments for legal entities;
- in accordance with established procedure decides on approval of the standard as the national standard;
- issues a certificate of approval of the national standard in the prescribed form;
- (para 13 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 14 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 15 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 16 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 17 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para 18 is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of September 27, 2016 No. 510)
- (para is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of November 13, 2017 No. 736)
- (para is repealed in accordance with the Resolution of the Government of the Kyrgyz Republic as of November 13, 2017 No. 736)
(As amended by the Resolutions of the Government of the Kyrgyz Republic as of June 4, 2013 No. 312, July 4, 2014 No. 370, February 12, 2015 No. 52, June 16, 2015 No. 364, October 6, 2015 No. 685, October 26, 2015 No. 731, December 10 2015 No. 851, September 27, 2016 No. 510, November 4, 2016 No. 570, December 12, 2016 No. 653, December 30, 2016 No. 712, November 13, 2017 No. 736, November 24, 2017 No. 772, November 22, 2018 No. 551)
5. Rights of the Ministry
8. The Ministry in order to perform functions in the established field of activity shall be entitled to:
- submit proposals to the Government of the Kyrgyz Republic on the main areas of state policy in the field of activity of the Ministry;
- submit proposals to the Government of the Kyrgyz Republic on establishment of intergovernmental commissions on cooperation between the Kyrgyz Republic and foreign states in the trade, economic, scientific, technical, cultural and humanitarian spheres;
- submit proposals to the Government of the Kyrgyz Republic on formation of the Council for Accreditation of Conformity Assessment Bodies;
- sign on behalf of the Kyrgyz Republic, in accordance with established procedure, bilateral or multilateral agreements and treaties, as well as agreements with regional and international organizations;
- request and receive, in accordance with established procedure, information related to the field of activity of the Ministry from state and local governments, organizations and enterprises, officials and citizens of the Kyrgyz Republic;
- create coordination and advisory bodies (councils, commissions, groups), including interdepartmental, in the field of activity of the Ministry;
- participate in the work of international institutions, commissions, expert groups, special working groups on issues that are within the competence of the Ministry, including at the interdepartmental and intergovernmental levels;
- in accordance with established procedure, open representative offices of the Ministry abroad to represent the interests of the Kyrgyz Republic in the economic sphere;
- represent the interests of the Kyrgyz Republic on matters within the competence of the Ministry in interstate (regional) organizations;
- in accordance with established procedure to attract funds from international organizations and institutions, grants from donor countries for implementation of state policy in the field of activity within the competence of the Ministry;
- involve the representatives of ministries, state committees, administrative departments of the Kyrgyz Republic, the National Academy of Sciences of the Kyrgyz Republic, research and other institutions, experts to develop proposals on areas related to activities of the Ministry;
- establish in the prescribed manner certificates, distinctive marks and other awards of the Ministry;
See:
The order of the Ministry of Economy and Antitrust Policy of the KR as of May 28, 2012 No. 133 “On approval of the Regulations on awards of the Ministry of Economy and Antitrust Policy of the Kyrgyz Republic”
- provide information and reference services within the framework of the legislation of the Kyrgyz Republic;
- exercise other rights in accordance with the legislation of the Kyrgyz Republic.
(As amended by the Resolution of the Government of the Kyrgyz Republic as of October 26, 2015 No. 731)
6. Organization of activity of the Ministry
9. The Ministry is headed by the minister appointed and dismissed in accordance with the legislation of the Kyrgyz Republic.
10. The positions of state secretary and deputy ministers are envisaged in the Ministry.
The procedure for appointment, dismissal, functions and powers of the state secretary are provided for by the legislation on public service.
Deputy ministers are appointed and dismissed by the Prime Minister of the Kyrgyz Republic on the proposal of the minister, they report directly to the minister and organize the activities of the Ministry within the limits of their duties.
11. The minister shall:
- perform general management of the activities of the Ministry and is personally responsible for implementation of tasks assigned to the Ministry;
- represent the Ministry in relations with state bodies and local governments, enterprises, institutions and organizations of the Kyrgyz Republic, conduct negotiations within his authority, signs agreements on interaction and cooperation on issues within the competence of the Ministry;
- propose to the Prime Minister of the Kyrgyz Republic candidates for appointment to the position of deputy minister;
- allocate the responsibilities among deputy ministers;
- upon agreement with the authorized state body in the sphere of public service, assign performance of functional duties on sectoral policy issues that are within the competence of the Ministry to the state secretary;
- approve the structure of the central office, territorial bodies and subordinate departments of the Ministry, which can only be changed due to changes in the tasks and functions of the Ministry. At that, appointment of a minister shall not be a ground to change the structure of the Ministry;
- approve staff schedule of the central office, territorial bodies and subordinate departments of the Ministry within the established norms;
- approve the regulations on structural departments of the central office and territorial bodies of the Ministry;
- approve the regulations on the Collegium of the Ministry;
- submit proposals to the Prime Minister of the Kyrgyz Republic on appointment of the heads of subordinate departments of the Ministry;
- submit draft regulations of subordinate departments for approval by the Government of the Kyrgyz Republic;
- upon submission of the state secretary, appoint and dismiss the employees of the Ministry system, apply incentives and disciplinary measures to them;
- issue orders that should be binding for the employees of the Ministry system;
- sign a collective agreement with the representative body of the employees of the Ministry;
- within the limits provided for by the legislation, manage the funds and property of the Ministry, make deals;
- sign bilateral and multilateral international treaties for and on behalf of the Government of the Kyrgyz Republic;
- establish allowances to salaries of the employees of the Ministry;
- submit, in accordance with established procedure, distinguished employees of the Ministry for state awards of the Kyrgyz Republic, conferring honorary titles and granting pensions for special services to the Kyrgyz Republic;
- by virtue of his position be a chief of civil protection of the Ministry and exercise leadership of civil protection in the Ministry;
- instruct departments and territorial bodies subordinate to the Ministry and supervise their execution;
- cancel decisions of subordinate departments and territorial bodies subordinate to the Ministry of the Kyrgyz Republic that contradict the legislation of the Kyrgyz Republic, unless the legislation provides for different revocation procedure;
- exercise other powers in accordance with the legislation of the Kyrgyz Republicи.
(As amended by the Resolution of the Government of the Kyrgyz Republic as of June 4, 2013 No. 312)
12. The state secretary and deputy ministers shall independently decide on issues that are assigned to them by the minister, organize the work in the areas to be supervised.
13. Collegium consisting of 9 people shall be established in the Ministry. The Collegium members include the minister (chairman), state secretary, deputy ministers who are members of the Collegium by virtue of their position, a representative of the Government Office of the Kyrgyz Republic, as well as the heads of other institutions, organizations and enterprises.
The membership of the Collegium of the Ministry is approved by the Prime Minister of the Kyrgyz Republic upon proposal of the Minister.
14. For public monitoring of the activities of the Ministry, a Public Council is established, which is a consultative and supervisory body that functions on a voluntary basis.
(As amended by the Resolution of the Government of the Kyrgyz Republic as of March 30, 2015 No. 168)
15. Subordinate departments and territorial bodies shall independently carry out their activities and report to the Ministry.
16. Ethic committee for civil servants is established in the Ministry.
17. Control over the activities of structural units of the central office, subordinate departments and territorial bodies shall be carried out by the Ministry in accordance with established procedure.
18. Financing of expenses for maintenance of the central office, subordinate departments and territorial bodies of the Ministry is made from the republican budget, special funds and other sources of funding that do not contradict the legislation of the Kyrgyz Republic.
19. The Ministry has a special account in the Treasury system.