President of Kyrgyzstan Sadyr Japarov signed a decree on additional measures to protect business entities. Press service of the head of state reported.
It is noted that there are complaints about illegal actions of law enforcement agencies during inspections of activities of economic entities and business structures. In addition, business asks to eliminate unreasonable and unnecessary interference of authorized bodies in the activities of business entities. Therefore, the decree was adopted to create favorable conditions for business development, improve the investment climate, support the economic activities of business entities, and ensure their legal protection.
All authorized state bodies that have the right to conduct inspections of business entities have been instructed to strictly comply with the restrictions provided by government decrees on introduction of a temporary ban (moratorium) on inspections of business entities and on imposing a ban on inspections of business entities conducted by law enforcement agencies.
Law enforcement agencies are recommended to suspend initiation and investigation of criminal cases on economic crimes, which are subject to solving within civil administrative procedure and consideration in courts for civil and economic cases.
The Prosecutor General’s Office, the Ministry of Internal Affairs, the State Committee for National Security, the State Service for Combating Economic Crimes, and the State Customs Service were advised to suspend checks of bank accounts of citizens of Kyrgyzstan and economic entities of the republic. In addition, they should step up the work of their own investigation services / security services in terms of detection, suppression of activities and bringing to appropriate responsibility (up to dismissal and prosecution) of their employees for:
- Carrying out illegal inspections of economic activities of business entities and investors and other actions aimed at obstructing their legal activities;
- Patronage of persons and entities engaged in illegal business activities, smuggling of goods and other economic crimes;
- Corruption / malfeasance.
The heads of defense and law enforcement agencies should carry out preventive measures among the personnel, aimed at preventing commissioning of offenses.
Establish that inspections carried out by law enforcement agencies can be allowed in the cases and in the procedure provided for by the decree on additional measures for legal protection of business entities and local governments when their activities are checked by law enforcement and tax authorities.
The President instructed the Prosecutor General’s Office to activate the work to ensure implementation of his decree and to provide monthly information on its implementation to the Secretariat of the Security Council.
The Government is recommended to consider the issue of introducing appropriate changes and additions (amendments) to the criminal and criminal procedural legislation, providing for the protection of the rights of entrepreneurs and investors from illegal and unjustified actions of law enforcement agencies by exclusion of:
- Bringing to criminal responsibility the founders (participants), managers and employees of business entities under the Article «Corruption»;
- Criminal pre-trial proceedings and prosecution within economic disputes arising between economic entities;
- Criminal pre-trial proceedings and criminal prosecution of officials of business entities based on appeals and statements about committed economic crimes without confirming the amount of damage to the state by relevant acts and expert opinions;
- Bringing business entities (founders (participants), managers and other officials) to criminal liability for committing economic types of crimes.
During his foreign visits to Russia and Kazakhstan, Sadyr Japarov noted at meetings with representatives of large foreign business that additional measures would be taken in Kyrgyzstan to strengthen the protection of investors’ rights and improve favorable conditions for doing business.
