President of Kyrgyzstan Sadyr Japarov signed a decree on the protection of property and support for entrepreneurs and investors.
It is noted that the document was adopted to provide constitutional guarantees for the protection of property, stimulate sustainable economic growth. In addition, the decree was also signed to exclude unjustified state interference in the economic activities of business entities, as well as to increase investors’ confidence, create a favorable investment climate and business environment.
Sadyr Japarov considers it expedient to stop unjustified interference of law enforcement, fiscal and regulatory bodies in the activities of business entities.
President of Kyrgyzstan Sadyr Japarov signed a decree on the protection of property and support for entrepreneurs and investors.
It is noted that the document was adopted to provide constitutional guarantees for the protection of property, stimulate sustainable economic growth. In addition, the decree was also signed to exclude unjustified state interference in the economic activities of business entities, as well as to increase investor confidence, create a favorable investment climate and business environment.
Sadyr Japarov considers it expedient to stop the unjustified interference of law enforcement, fiscal and regulatory bodies in the activities of business entities.
The head of state also believes that in is not supposed to hinder entrepreneurial activity and violate the legal rights of owners, including due to non-fulfillment and inability to fulfill contractual obligations. At the same time, the President considers it important to ensure safety of the activities of investment objects and property of investors.
He proposes to introduce the principle «one investigative body for economic crimes» without the right to transfer a case to other law enforcement bodies.
In addition, Sadyr Japarov considers it important to introduce a preliminary verification mechanism without registration in the Unified Register of Crimes and Misconduct of statements and messages against entrepreneurs about violations based on non-execution or improper execution of civil transactions made in writing and not recognized by the court as invalid, fictitious or feigned.
At the same time, the Prosecutor General’s Office was instructed to step up supervision over the strict implementation of legislation on guarantees of freedom of entrepreneurial activity and protection of property and investments. The main supervisory body must ensure the inevitability of liability, up to criminal, of officials of the controlling, law enforcement and fiscal bodies for violation of the rights and legitimate interests of business entities, violation of the procedure for provision of public services, unreasonable request for documents not provided for by the legislation and regulatory legal acts of the Kyrgyz Republic.
The Prosecutor General’s Office must prevent illegal suspension of activities of business entities and (or) monetary transactions, including on their bank accounts, and violations of the requirements of the legislation on permitting (licensing) procedures and the control and supervisory sphere.
It was ordered to make proposals within a month on optimization of the procedure for considering statements against entrepreneurs entering the Unified Register of Crimes and Misconduct. During the same time, a helpline will be created for round-the-clock reception of applications from small businesses and private entrepreneurship on issues of unjustified interference by law enforcement, fiscal and regulatory bodies in their activities, obstruction of entrepreneurial activity and violation of owners’ rights.
The Government is recommended, within three months, with the participation of the Supreme Court and business, submit for consideration to the Parliament a package of bills to further enhance the role and efficiency of the activities of the judiciary to ensure reliable protection of the rights and legitimate interests of business entities, and to reduce the time of processing of claims of business entities.
Within 90 days, the Cabinet must also develop and send to the deputies for consideration a bills on decriminalization of economic crimes and misdemeanors, as well as prohibiting the use of preventive measures for economic crimes in the form of detention during pre-trial proceedings.
In addition, Sadyr Japarov recommended the Government to abolish the applied quantitative indicators of effectiveness of the activities of law enforcement, fiscal and regulatory bodies and their employees. At the same time, within two months, it is necessary to introduce a new mechanism for assessing their performance, focused on supporting and protecting entrepreneurs and their private property.
The Government of Kyrgyzstan must carry out a regulatory reform by the end of 2021.
At the same time, the principles of «smart regulation» and the regulatory «sandbox» aimed at improving the business environment should be applied. Among other things, it is necessary to reduce government interference in entrepreneurial activity.
It was also ordered to strengthen the capacity and technical equipment of the State Forensic Expert Service and to reduce the time for conducting forensic examinations in relation to economic crimes.
Most of the public services will be automated and unnecessary procedures and additional requirements for documents from entrepreneurs will be eliminated until September 1, 2021.
A single electronic portal for issuance of licenses and permits will be created, which will be integrated with the state portal of electronic services. The process of issuing licenses and permits will be automated until December 31, 2021.
The tax authorities will switch to a hardware and software model of servicing taxpayers until September 30, 2021.
Tax administration procedures will be simplified by digitizing key business processes. It is planned to completely exclude the contact of tax officials with the taxpayer.
Indicators of the pace of customs clearance of goods and the quality of services provided will be introduced, a competitive, fully automated customs infrastructure will be formed. The process of introduction of electronic customs declaration and an automatic goods release system should be completed by September 30, 2021.
Sadyr Japarov instructed the Government to create favorable conditions for doing business in certain and border areas, including measures of state support and preferential fiscal regime, as well as to remove barriers and simplify the requirements established in legislation on investment issues.
