LAW OF THE KYRGYZ REPUBLIC
From May 25, 2007 No. 72
Law of the Kyrgyz Republic "On the procedure for conducting inspections of business entities"
(As amended by the Laws of the Kyrgyz Republic from October 17, 2008 No. 231. April 30, 2009 No. 144. May 30, 2011 No. 33, July 22, 2011 No. 121, May 27, 2014 No. 79, December 29, 2014 No. 170, April 14, 2016 No. 41. June 6, 2017 No. 98. October 16, 2017 No. 175. August 2, 2018 No. 81. March 29, 2019 No. 40. December 31, 2019 No. 151. March 23, 2020 No. 29.13 May 2020 No. 54, March 23, 2021 N39)
See also:
Decree of the Government of the Kyrgyz Republic from January 29, 2018 No. 56 "On approval of the Regulations on the procedure for conducting inspections of business entities"
This Law establishes the procedure for conducting inspections of business entities by authorized bodies, defines the rights and obligations of authorized bodies and business entities in relations related to the implementation of inspections, as well as protection of the rights of business entities from illegal interference in their activities.
Chapter 1
General provisions
Article 1. Scope of application of this Law
1. This Law regulates relations between authorized bodies, whose powers to carry out inspections are established by the laws of the Kyrgyz Republic and resolutions of the Government of the Kyrgyz Republic, and business entities, whose activities are subject to inspection in accordance with the legislation of the Kyrgyz Republic/
2. (No longer valid in accordance with the Law of the Kyrgyz Republic dated April 14, 2016 No. 41)
3. If an international treaty that has entered into force in accordance with the procedure established by law, to which the Kyrgyz Republic is a party, establishes other rules than those provided for by this Law, then the rules of the international treaty should apply.
4. The procedure for conducting inspections of business entities on the issue of compliance with tax, non-tax and customs legislation is regulated by the Tax Code of the Kyrgyz Republic, the Code of the Kyrgyz Republic on non-tax income, the Customs Code of the Eurasian Economic Union and the legislation of the Kyrgyz Republic in the field of customs. Inspection of business entities on the issue of compliance with the legislation of the Kyrgyz Republic on state social insurance, related to the calculation and payment of insurance premiums, is carried out in accordance with the tax legislation of the Kyrgyz Republic.
5. This Law does not regulate the procedure and procedures for conducting inspections, which are carried out:
- the National Bank of the Kyrgyz Republic;
- bodies that carry out inspections of business entities in the framework of criminal, administrative, civil, executive legal proceedings;
- bodies of internal affairs of the Kyrgyz Republic in order to ensure road safety;
- bodies exercising border, customs, immigration, sanitary, quarantine, phytosanitary, veterinary control at checkpoints on the state border of the Kyrgyz Republic;
- Akyikatchy (Ombudsman) of the Kyrgyz Republic;
- an authorized state body in the field of regulation and control of activities in road and water transport;
- the authorized state body for regulation and supervision in the field of civil aviation.
6. It is prohibited to conduct financial inspections of business entities by law enforcement agencies, with the exception of tax and customs authorities of the Kyrgyz Republic. Acts of inspection of tax and customs authorities of the Kyrgyz Republic are the main document and the only source of financial inspections of business entities by law enforcement agencies without additional inspections.
(As amended by the Laws of the Kyrgyz Republic dated October 17, 2008 No. 231. July 22, 2011 No. 121. December 29, 2014 No. 170. April 14, 2016 No. 41.2 August 2018 No. 81.29 March 2019 No. 40.23 March 2020 No. 29, May 13, 2020 No. 54).
Article 2. Basic concepts used in this Law
Authorized bodies - executive authorities authorized by the laws of the Kyrgyz Republic and resolutions of the Government of the Kyrgyz Republic to carry out inspections of business entities, the list of which is developed by the Government of the Kyrgyz Republic and approved by the Jogorku Kenesh of the Kyrgyz Republic
Inspection - any form of state control or supervision on compliance by the subjects of inspection with the legislation of the Kyrgyz Republic regulating their activities.
Scheduled inspection - an inspection conducted by the authorized body in accordance with the plan approved by it for the implementation of inspections of the activities of business entities.
An unscheduled inspection is an inspection of the activities of business entities, carried out on the grounds provided for in Article 7 of this Law.
Control inspection - inspection of the elimination by the subjects of the inspection of violations noted by the previous inspection.
Re-inspection is a check carried out on the basis of a complaint of a business entity about the results of a scheduled inspection and to clarify some points related to the scheduled inspection that are not reflected or are not clearly reflected in the act.
The subjects of the inspection are legal entities, individual entrepreneurs, branches and representative offices registered in accordance with the procedure established by the legislation of the Kyrgyz Republic.
Risk is the probability of occurrence of negative consequences from the implementation of entrepreneurial activity and the expected amount of damage due to their action, as well as the probability of non-fulfillment (fulfillment not in full, improper performance) by business entities of their obligations stipulated by the legislation of the Kyrgyz Republic.
Criteria for assessing the level of risk - a set of quantitative and (or) qualitative indicators related to the direct activities of a business entity, allowing attributing business entities to various levels of risk.
Checklists - the checklist includes a list of requirements for the activities of the subjects of inspection provided for by the legislation of the Kyrgyz Republic, non-compliance with which entails a threat to human life and health, the environment, property interests of citizens, legal entities and the state.
(As amended by the Laws of the Kyrgyz Republic dated October 17, 2008 No. 231, July 22, 2011 No. 121, April 14, 2016 No. 41)
Article 3. Basic principles for the implementation of inspections of the activities of business entities
The main principles for the implementation of inspections of business entities by authorized bodies are:
- presumption of good faith of business entities;
- contradictions and ambiguities in the legislation of the Kyrgyz Republic, which establishes mandatory requirements, cannot be used against business entities;
- if a business entity in its activities has applied a rule of law that contradicts another rule of law, then its actions are appropriate and are not considered illegal;
- non-interference in the activities of business entities;
- legality, objectivity and publicity in the activities of authorized bodies;
- inadmissibility of duplication of departmental and interdepartmental control and supervision during inspections;
- financing of inspections by authorized bodies only from the state budget;
- establishment of mandatory requirements subject to inspection by laws, resolutions of the Government of the Kyrgyz Republic;
- mandatory informing by the authorized bodies of business entities about the regulatory legal acts of the Kyrgyz Republic that establish mandatory requirements, compliance with which is subject to inspection;
- the continuity and efficiency of the inspection, that is, its full and fastest possible implementation within the prescribed period.
(As amended by the Law of the Kyrgyz Republic dated April 14, 2016 No. 41)
Article 4. Restrictions during inspections
Authorized bodies and their officials are prohibited from:
- collect fines and other payments in cash from the subjects of the inspection directly during the inspection. All payments must be made only through the relevant settlement accounts and credit and cash institutions;
- receive deductions from the amounts of financial and administrative sanctions and other payments received by the state as a result of inspections;
- require the submission of documents, information, product samples, inspection samples of environmental objects and objects of the production environment, if they are not objects of inspection or do not relate to the subject of inspection, as well as seize the originals of such documents;
- collect, store, use and disseminate information about the subjects of inspection obtained in violation of the legislation of the Kyrgyz Republic;
- disseminate information constituting state, commercial and other secrets protected by law, obtained by them as a result of inspections, except for cases provided for by the laws of the Kyrgyz Republic;
- verify compliance with the mandatory requirements and requirements established by regulatory legal acts, if such requirements do not fall within the powers of the state control and supervision bodies on behalf of which these officials act;
- carry out scheduled or unscheduled on-site inspections initiated by anonymous statements, i.e. statements of citizens, entrepreneurs and other people that do not indicate or incorrectly indicate the applicant and his contact information (address of residence, contact phone number, etc.);
- to carry out a scheduled or unscheduled on-site inspection in the absence of a head, other official or authorized representative of a legal entity, an individual entrepreneur, his authorized representative during its conduct, except for the case of such an inspection on the grounds provided for in clause 2 of part 1 and part 5 of article 7 of this Law;
- take product samples, examination samples of environmental objects and objects of the production environment for their research, testing, measurements without drawing up protocols on the selection of these samples, samples in the prescribed form and in an amount exceeding the norms established by national standards, rules for sampling, sampling and methods of their research, testing, measurement, technical regulations or other normative technical documents and rules and methods of research, testing, measurement that are valid until the day they come into force;
- exceed the established deadlines for the inspection;
- to carry out the issuance of instructions or proposals to legal entities, individual entrepreneurs on carrying out control measures at their expense.
(As amended by the Laws of the Kyrgyz Republic from July 22, 2011 No. 121, April 14, 2016 No. 41, December 31, 2019 No. 151)
The Law of the Kyrgyz Republic from December 31, 2019 No. 151 amended the text of Article 4 in the state language.
Chapter 2
The procedure for conducting inspections
Article 5. Types of inspections
In accordance with this Law, there are the following types of inspections:
- scheduled;
- unscheduled;
- (paragraph 4 is no longer valid in accordance with the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
- control;
- re-inspection.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 6. Scheduled inspections
1. Scheduled inspections are carried out in accordance with strategic plans, as well as inspection plans.
The strategic plan is formed for a year and includes quantitative indicators for each area. The strategic plan is agreed with the authorized body for the development of entrepreneurship before November 15 of the year preceding the year of scheduled inspections.
Based on the strategic plans, annual or quarterly inspection plans are formed, which are agreed with the authorized body for entrepreneurship development before December 1 of the year preceding the year of scheduled inspections, or 30 calendar days before the start of the quarter included in the plan.
Inspection plans are subject to mandatory publication by posting on the official websites of the authorized bodies, as well as in places open to public access, located on the premises of the authorized bodies.
Information on the implementation of annual plans is posted on the official websites of the authorized bodies, as well as in places open for public access, located on the premises of the authorized bodies, until April 1 of the year following the reporting year or within 10 working days after the expiration of the reporting quarter.
2. The authorized body develops criteria by which the level of risk is assessed in the course of entrepreneurial activities in the area within its jurisdiction.
The criteria for assessing the level of risk in the implementation of entrepreneurial activities are approved by the Government of the Kyrgyz Republic on the proposal of the authorized body.
3. Taking into account the magnitude of the risk, all subjects of inspection to be carried an inspection belong to one of three risk levels: high, medium and insignificant.
Depending on the level of risk, the authorized body determines the frequency of scheduled inspections, but no more than once a year for subjects with a high level of risk and for facilities belonging to subjects of inspection with a high level of risk in the energy industry, no more than twice a year - for subjects with a high level of sanitary and epidemiological risk, no more than once every 3 years for subjects with an average level of risk, no more than once every 5 years for subjects with a low level of risk.
The Government of the Kyrgyz Republic determines the conditions under which the subjects of inspections, classified as an insignificant level of risk, are exempted from scheduled inspections.
4. If the determination of the level of risk and, accordingly, the determination of the frequency of the inspection is not possible for the subject, it is considered that this subject belongs to the group of subjects with an insignificant level of risk.
5. Authorized bodies are obliged to form checklists for congeneric groups of inspection subjects.
Checklists should not contain questions regarding requirements, compliance with which is not mandatory in accordance with the legislation of the Kyrgyz Republic.
Forms of checklists should be approved by a joint order of the authorized body and the authorized body for the development of entrepreneurship and should be published on the official websites of these authorized bodies.
Scheduled inspections without the use of checklists are not allowed.
6. The authorized bodies carry out scheduled inspections subject to a written notification of the subject of the inspection about the inspection no later than 10 calendar days before the day of this inspection.
The notice must include:
- start and end date of the scheduled inspection;
- the name of the legal entity or the last name, first name and middle name of the individual - entrepreneur, for whose activities the inspection is carried out;
- name of the authorized body;
- position, last name and initials of the official of the inspection body.
The notification should be sent by registered mail or telephone message at the expense of the authorized body or handed over personally to the head or authorized person of the subject of inspection against signature.
The head or authorized person of the inspection subject, after receiving the notification, must be present at the inspection object at the time appointed for the scheduled inspection.
The subject of the inspection has the right not to allow an official of the authorized body to carry out a scheduled inspection in case of failure to receive a notice of a scheduled inspection.
7. Scheduled inspections for compliance with the requirements for the production, storage, transportation and sale of food products are carried out without prior notice.
8. Inspections of newly created business entities are not carried out within 3 years from the date of state registration as a legal entity or individual entrepreneur.
9. The Government of the Kyrgyz Republic determines the list of types of business activities, in the course of which entrepreneurs are exempted from conducting scheduled inspections due to the absence of the likelihood of negative consequences from the implementation of such types of activities.
10. The results of inspections relating to the safety of life, health of citizens and the environment are subject to publication on the websites of the authorized bodies, whose powers include conducting inspections in the relevant areas, as well as posted in other places of public access.
11. The subjects of inspections, whose activities are related to public services, are obliged to bring the results of inspections to the attention of consumers. Types of activities in the course of which the results of inspections are communicated to consumers, the amount of information and the procedure for its disclosure are determined by the Government of the Kyrgyz Republic.
(As amended by the Laws of the Kyrgyz Republic from July 22, 2011 No. 121, April 14, 2016 No. 41, December 31, 2019 No. 151)
Article 7. Unscheduled inspections
1.Basis for conducting an unscheduled inspection:
1) receipt by the authorized body of the application of the subject of the inspection to conduct an inspection on his/her activity;
2) receipt by the authorized body of a written statement of an individual or legal entity about the violation by the subject of inspection of the rights and interests of the applicant, a written appeal from the head of the local government about the violation by the subject of inspection of the rights and interests of the population of this administrative-territorial unit with documents, materials and other supporting information about the violation business entity of the legislation of the Kyrgyz Republic.
2. Applications that do not include the last name, first name, middle name and location of the person who applied to the authorized body cannot serve as a basis for conducting the inspection.
3.The period of an unscheduled inspection cannot exceed 3 business days.
Upon receipt of a complaint provided for in clause 2 of part 1 of this article, the authorized body is obliged to consider the complaint, conduct an inspection and make a reasoned decision within 15 working days.
4.An unscheduled inspection cannot go beyond the issues that served as the basis for its conduct.
5.In cases related to ensuring the life and health of people (in the event of the emergence and spread of infectious diseases and mass non-communicable diseases (poisoning), man-made accidents), inspections may be of a sudden nature and be carried out without a written order (order, instruction) in order to identify causes and sources of unacceptable impact on the health of the population and taking measures to prevent and eliminate them, followed by informing the authorized body for entrepreneurship development within 7 working days
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 8. Cross inspection
(No longer valid in accordance with the Law of the Kyrgyz Republic from October 17, 2008 No. 231)
Article 9. Control inspections
The control inspection is carried out in order to inspection of the elimination by the subject of the inspection of the violations identified by the previous inspection, and cannot go beyond this goal.
A control inspection can be carried out only after the expiration of the period provided to the subject of the inspection to eliminate the noted violations.
The control inspection is carried out in accordance with the procedure established by paragraph 3 of Article 11 of this Law.
The term of the control inspection cannot exceed 2 business days, for small businesses - one business day.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 10. Re-inspection
1. Re-inspection is carried out only in case of disagreement of the business entity with the results of the inspection. The basis for the re-inspection is the appeal of the result of the inspection by the inspected to the authorized body.
The complaint of the business entity must be considered by the authorized body within 30 days and a reasoned decision must be made.
2. The re-inspection is carried out in accordance with the requirements provided for by parts 2 and 3 of Article 12 of this Law.
3. When conducting a re-inspection, it is prohibited to conduct an inspection on all issues of a scheduled inspection. Only the contested result of the scheduled inspection is subject to re-inspection.
Article 11. The procedure for conducting inspections
1. Scheduled and unscheduled inspections are carried out to control compliance by the subject of inspection with the legislation of the Kyrgyz Republic and are not intended to impose financial or other sanctions on an economic entity.
Inspections are carried out in the form of a documentary or on-site inspection. Documentary inspection is carried out at the location of the authorized body. An on-site inspection is carried out at the location of the subject of the inspection and (or) at the place of actual implementation of its activities.
2. If violations of the law are detected during scheduled inspections, an official of the inspection body is obliged to explain to the subject of the inspection the subject and essence of the violation and has the right only to issue a written warning to the subject of the inspection with the obligation to eliminate the violation by the latter within up to 3 days - if the elimination of the violation affects the provision safety to protect the life and health of people and up to 30 days - in other cases.
In case of detection during a scheduled inspection of violations that carry a direct threat of the emergence and spread of infectious diseases and mass non-communicable diseases (poisoning), man-made accidents committed by the subjects of the inspection with a high degree of risk, the enforcement measures provided for by the Code of the Kyrgyz Republic on Violations and the Code of the Kyrgyz Republic on Violations, can be applied immediately.
3. After the period specified in the first paragraph of part 2 of this article, the authorized body should conduct a control inspection.
If during the control inspection the facts of non-elimination of violations are revealed, then the official of the authorized body applies to the subject of the inspection the measures of influence provided for by the Code of the Kyrgyz Republic on Violations.
4. The norms of the second paragraph of part 1 and part 6 of this article should not apply to inspections carried out on the grounds specified in article 10 of this Law.
5. It is not allowed to carry out inspections of the subject of inspection by various state bodies on the same subject of inspections.
6. Inspection of the subject of the inspection of the activities is prohibited for the period covered by the scheduled inspection after the expiration of 3 years from the date of this scheduled inspection.
7. In order to improve the economic situation, in exceptional cases, the Government of the Kyrgyz Republic has the right to conduct a temporary ban (moratorium) on conducting inspections of the subjects of inspection.
(As amended by the Laws of the Kyrgyz Republic from May 30, 2011 No. 33. April 14, 2016 No. 41. March 23, 2021 N39)
Article 12. Procedure for organizing inspections by authorized bodies
1. Inspection of the activities of the subjects of inspection is carried out by officials of the authorized bodies.
2. Inspection of the activities of the subjects of inspection is carried out on the basis of an order (instruction) of the authorized body.
The order (instruction) should indicate:
- number and date of the order (instruction) on the inspection;
- name of the authorized body;
- last name, first name, middle name of the official (people) authorized to conduct the inspection;
- the name and address of the subject of the inspection or the last name, first name, middle name of the individual entrepreneur for whose activity the inspection is being carried out;
- the purpose and subject of the inspection;
- legal basis for the inspection;
- start and end date of the inspection.
3. The order (instruction) in two copies on the inspection is signed by the head of the authorized body and certified by the seal. Only those people who are indicated in the order (instruction) may be allowed to conduct an inspection.
The order (instruction) is coordinated with the authorized body for the development of entrepreneurship, with the exception of orders (instruction) to conduct a control inspection.
The order (order, instruction) on conducting inspections of business entities in the energy industry is coordinated for a group of objects, taking into account their territorial location (basing).
4. The term for conducting scheduled inspections cannot exceed 15 working days, for small businesses - 5 working days. If it is necessary to conduct special studies, tests, examinations, this period may be extended by a written order (instruction) of the head of the authorized body carrying out the inspection, no more than once for a period of no more than 10 working days.
(Part 2 is no longer valid in accordance with the Law of the Kyrgyz Republic from October 16, 2017 No. 175)
(As amended by the Law of the Kyrgyz Republic from July 22, 2011 No. 121. April 14, 2016 No. 41. October 16, 2017 No. 175. December 31, 2019 No. 151)
Article 13. Inspection Book
1. Registration of inspection carried out by the authorized bodies of the subjects of inspections is carried out in the inspection books.
2. In the inspection book, officials of the authorized bodies are obliged to record at the beginning of the inspection:
- about the name of the state body;
- the start and end dates of the inspection;
- on the basis and subject of the inspection;
- about the positions, last name, first name and middle names of the people carrying out the inspection, and their signatures.
3. In the absence of an inspection book by the subjects of the inspection, a corresponding record should be made in the protocol or act of the inspection.
4. The form of the inspection book and the procedure for registering inspections in it are established by the Government of the Kyrgyz Republic.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 14. Access to the territory or premises for inspection
1. Access to the territory or to the premises of the subjects of inspections of officials of authorized bodies should be carried out upon presentation by these people of service certificates, orders (instructions) of the head of the authorized body to conduct an inspection in relation to the subjects of inspection.
2. Access to the territory or to the premises of the subjects of inspection by officials of authorized bodies is not allowed during non-working hours of the subjects of inspection (except for the cases provided for by paragraph 4 of Article 7 of this Law), as well as in case of violation of the requirements of this Law.
(As amended by the Law of the Kyrgyz Republic from April 30, 2009 No. 144, April 14, 2016 No. 41. December 31, 2019 No. 151)
The Law of the Kyrgyz Republic from December 31, 2019 No. 151 amended the text of Article 14 in the state language.
Article 15. The procedure for reporting the results of inspections
1. Based on the results of the inspection, the inspection official of the authorized body draws up an act of the established form in two copies.
The act specifies:
- date, time and place of drawing up the act;
- name of the authorized body;
- date and number of the order (instruction), on the basis of which the inspection was carried out;
- last name, first name, middle name, number of service certificate and position of the person (people) who conducted the inspection.
- the name and address of the verified subject of inspection or the last name, first name, middle name of an individual entrepreneur;
- date, time and place of the inspection;
- information about the results of the inspection, including the identified violations;
- information about familiarization or refusal to familiarize the representative of the subject of inspection or an individual entrepreneur with the results of the inspection, their signatures;
- Signature of the inspector who performed the inspection.
Attached to the act are acts on the selection of samples examinations, protocols of studies and examinations.
2. One copy of the act with copies of the annexes under receipt is handed over to the head or other authorized representative of the subject of inspection or sent by registered mail with notification of receipt.
Regardless of the results of the inspection, the act is signed by the inspector, manager or other authorized representative of the subject of the inspection. In case of disagreement with the facts set forth in the act, the head of the inspection subject or his/her authorized representative must sign the act and make a record of objections. Written explanations and documents explaining the motives for these objections should be sent by the subjects of the inspections to the authorized bodies within 10 days from the date of receipt of the act.
3. (No longer valid in accordance with the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
4. The results of the inspections, containing information constituting state, commercial and other legally protected secrets, are drawn up in compliance with the requirements provided for in the relevant laws of the Kyrgyz Republic.
(As amended by the Laws of the Kyrgyz Republic from April 14, 2016 No. 41, December 31, 2019 No. 151)
The Law of the Kyrgyz Republic from December 31, 2019 No. 151 amended the text of Article 15 in the state language.
Article 151. Monitoring of legislation on inspections by the authorized body for the development of entrepreneurship
1. The authorized body for the development of entrepreneurship and its relevant territorial divisions are entrusted with the functions of monitoring compliance with the legislation on inspections by authorized bodies for all types of inspections regulated by this Law.
2. The authorized body for the development of entrepreneurship for monitoring cooperates with organizations that protect the rights and legitimate interests of the subjects of the inspection.
(As amended by the Laws of the Kyrgyz Republic from July 22, 2011 No. 121, April 14, 2016 No. 41)
Article 152. Inspection Recording Database
- The authorized bodies maintain an electronic database on the objects of inspections.
2. The procedure for organizing and maintaining a database on the objects of inspections is determined by the Government of the Kyrgyz Republic.
(As amended by the Law of the Kyrgyz Republic from July 22, 2011 No. 121)
Chapter 3
Rights, duties and responsibilities of the parties during inspections
Article 16. Obligations and rights of authorized bodies and inspection officials
1. Authorized bodies are obliged:
- to finance inspections at the expense of the state budget;
- inspections to be carried out at the location of the subjects of inspection or entrepreneurial activity;
- not to use the contradictions and inaccuracies of the legislation of the Kyrgyz Republic, establishing the requirements to be verified, against the subjects of inspection;
- give explanations to the subjects of the inspection on the correct fulfillment of the requirements of the legislation of the Kyrgyz Republic subject to inspection.
2. Inspection officials are obliged:
- present an official ID and hand over to the subject of the inspection one copy of the order (instruction) on the conduct of the inspection;
- mark the inspection carried out in the inspection book;
- conduct inspections in strict accordance with the order (instruction) on conducting inspections and the legislation of the Kyrgyz Republic;
- conduct instructions during working hours of the subjects of instructions in the presence of their authorized representatives;
- require documentation and other materials related to the subject of the inspection;
- take samples in the minimum quantity necessary for the inspection;
- at the request of the subject of the inspection, provide regulatory legal acts, applications (if the inspection is initiated on the basis of an application), as well as other documents on the basis and in accordance with which the inspection is carried out;
- substantiate the violations revealed during the inspection with the provisions (norms) of the legislation of the Kyrgyz Republic;
- not to distribute confidential information, as well as information obtained as a result of an inspection, the dissemination of which may harm the subject of the inspection.
3. Inspection officials have the right to:
- require business entities to provide documentation and receive information and clarifications on issues directly related to the inspection;
- if necessary, make extracts and make copies of documents;
- conduct an inspection of premises, equipment, other property, if such an inspection is associated with an inspection;
- observe technological processes, if the inspection is related to compliance with technological requirements;
- take measures to hold accountable officials of the subjects of the inspection in case of refusal by the subjects of the inspection to comply with the legal requirements of the inspector, as well as in case of violation of the requirements of the legislation of the Kyrgyz Republic.
4. Inspection officials are prohibited from:
- demand or receive from the subjects of the inspection any reward for the inspection;
- use the fact of existence of a violation by the subjects of inspection as a basis for interference in its activities.
(As amended by the Laws of the Kyrgyz Republic from July 22, 2011 No. 121, April 14, 2016 No. 41, December 31, 2019 No. 151)
The Law of the Kyrgyz Republic from December 31, 2019 No. 151 amended the text of Article 16 in the state language.
Article 17. Obligations and rights of subjects of inspection during inspections
1. Subjects of inspection are obliged:
- at the legal request of the inspecting officials, provide documentation and other materials necessary for the inspection;
- Provide assistance to inspectors.
2. Subjects of inspection have the right:
- to request from the inspecting officials to present their official ID and documents that are the basis for the inspection;
- not to allow inspection officials to inspection in case of failure to receive a notice of a scheduled inspection, except for the case provided for by paragraph 7 of Article 6 of this Law;
- not to allow to the inspection the people who do not have the authority to conduct them;
- do not comply with the requirements of inspecting officials if their requirements do not relate to the subjects of inspection;
- require the inspector to make a record in the inspection book on the inspection carried out;
- receive from the inspectors a copy of the order (instruction) for the inspection, as well as one copy of the document reflecting the result of the inspection;
- appeal against the decision to extend the term for conducting an inspection in the manner prescribed by the legislation of the Kyrgyz Republic on the basics of administrative activities and administrative procedures;
- appeal the result of the inspection in the manner prescribed by the legislation of the Kyrgyz Republic on the basics of administrative activities and administrative procedures;
- if there are circumstances that exclude the possibility of the presence of people, provided for in paragraph nine of Article 4 of this Law, during a scheduled inspection, inform the authorized body about the impossibility of conducting an inspection within the time period specified in the notification, and agree on another date for the inspection within a period of not more than 3 working days from the date of receipt of the notice of the beginning of the inspection. Postponement of the date of commencement of the inspection is allowed only once.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41, October 16, 2017 No. 175, December 31, 2019 No. 151)
The Law of the Kyrgyz Republic from December 31, 2019 No. 151 amended the text of Article 17 in the state language.
Article 18. Measures taken on the facts of violations revealed during inspections
1. If during the course of the inspection violations by the subjects of the inspection of the requirements of the legislation of the Kyrgyz Republic are revealed, the authorized bodies, within their powers, are obliged to take measures to eliminate the identified violations, prevent possible harm to life, health of people, their property and the environment, and also apply enforcement measures, provided by the legislation in the manner prescribed by Article 11 of this Law.
2. If during the inspection it is established that the product (work, service) can cause harm to life, health, property of consumers and the environment, the authorized body is obliged to take measures to prevent harm and bring information about the dangerous product (work, service) to the attention of consumers in any possible way.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 19. State Protection of the rights of business entity subjects during inspections
Protection of the rights of business entity subjects during inspections is carried out in an administrative and (or) judicial manner.
The actions of the inspecting official and the decision of the authorized body may be appealed in the manner prescribed by the legislation of the Kyrgyz Republic on the basics of administrative activities and administrative procedures. In case of disagreement with the decision on the administrative complaint, the business entity has the right to apply to the court.
The appeal by the business entity subject of the decision of the authorized body to impose a penalty in the form of a fine should suspend the penalty until the complaint is resolved on the merits.
(As amended by the Law of the Kyrgyz Republic from October 16, 2017 No. 175)
Article 191. Invalidity of the results of an inspection conducted in gross violation of the requirements of this Law
The results of an inspection conducted by an authorized body in gross violation of the requirements for organizing and conducting inspection established by this Law are recognized as invalid and cannot be evidence of a violation by the subject of the inspection of the requirements of the legislation of the Kyrgyz Republic.
The following are recognized as gross violations:
- lack of basis for conducting an inspection;
- absence of an order (instruction);
- non-compliance with the deadlines for notification of an inspection, except for the case provided for by paragraph 7 of Article 6 of this Law;
- violation of the requirements of Article 4 of this Law;
- lack of coordination of the order (instruction) with the authorized body for the development of entrepreneurship (with the exception of the order (instruction) on conducting a control inspection);
- Appointment by authorized bodies of inspections that are not within their competence.
(As amended by the Law of the Kyrgyz Republic from April 14, 2016 No. 41)
Article 20. Responsibility of authorized bodies during inspections
1. The authorized state body and their officials in case of improper performance of their functions and official duties during inspections, illegal actions (inaction) are liable in accordance with the legislation of the Kyrgyz Republic.
2. Officials of authorized state bodies who have committed unlawful actions (inaction) during inspections of the subjects of inspection should not be entitled to hold any position in authorized state bodies after establishing their guilt in a judicial proceeding.
3. Non-confirmation in court of the results of an inspection on violations by a business entity subject of the legislation of the Kyrgyz Republic and establishment in a judicial proceeding of the guilt of the official who conducted the inspection should entail his/her dismissal from his position.
4. The authorized state bodies are obliged to inform the subject of the inspection, whose rights and legitimate interests have been violated, about the measures taken against officials guilty of violating the legislation of the Kyrgyz Republic.
5. Losses caused to the subject of the inspection, including lost profits, as a result of unlawful actions of the authorized state bodies or their officials who violated the rights of the subject of the inspection, as well as due to improper performance by these authorized state bodies or their officials of the obligations stipulated by the legislation of the Kyrgyz Republic in relation to subjects of inspection are subject to compensation by these officials and authorized state bodies.
(As amended by the Laws of the Kyrgyz Republic from April 14, 2016 No. 41, June 6, 2017 No. 98)
Article 21. Public protection of the rights of business entity subjects during inspections
1. Organizations, regardless of organizational and legal forms, in accordance with the statutory provisions, have the right to protect the rights and legitimate interests of business entity subjects in accordance with this Law.
2. Organizations have the right to apply to the prosecutor's office with requests to bring a protest against the regulatory legal acts of the authorized bodies that contradict the legislation of the Kyrgyz Republic.
3. Organizations have the right to apply to the court in defense of the rights and legitimate interests of business entities, as well as in defense of an indefinite environment of business entity subjects.
Article 22. Final provisions
1. This Law should enter into force three months after its official publication.
2. To the Government of the Kyrgyz Republic and authorized bodies before the entry into force of this Law:
- bring their regulatory legal acts in line with this Law;
- adopt other regulatory legal acts necessary for the implementation of this Law.
The president of the
Kyrgyz Republic K. Bakiyev