
我国检察指导性案例是植根于本土法治实践的特色产品,也是彰显中国司法改革成效的重要标志。检察指导性案例已成为我国统一法律适用、完善法律体系、实现法律监督的重要法治实践成果。实践中,如何清晰定位检察指导性案例的价值功能,推动其在统一法律适用、体现监督属性、满足实践需求方面发挥更大效能,是值得深入思考的课题。
当前,检察指导性案例在实践应用中仍面临一些困境。在效力定位上,尽管2019年《最高人民检察院关于案例指导工作的规定》(下称“最高检2019年规定”)将检察指导性案例的效力由“可以参照”修改为“应当参照”,但“应当”与“参照”在规范意涵上存在内在张力,且其中“可以引述相关指导性案例进行释法说理”的表述,弱化了其强制适用效果。在体系构建上,案例供给存在某些短板,新型犯罪、复杂纠纷领域覆盖不足,更新与退出机制有待进一步完善。在配套制度上,统一高效的案例检索机制还需健全,效果评估与实践反馈渠道不畅,制约了检察指导性案例从“文本规范”转化为“实践效力”,影响其指导功能的充分发挥。
破解上述实践困境,其关键在于明晰检察指导性案例的价值功能定位:
一是法律适用的指引功能。该功能旨在通过发布具有示范性的典型案例,为各级检察机关办案提供明确、统一的法律适用标准,从而有效解决法律条文的抽象性与滞后性所带来的适用难题。抽象性特征往往指向制定法内涵不确定的法律概念,旨在涵摄多样事实情境,滞后性特征通常引发制定法无法与社会快速发展同步,导致法律规范临时缺位。检察指导性案例源于司法实践,通过解构典型案例的法律推理与办案逻辑,示范法律要义精准阐释与规范漏洞合理填补,实现个案事实与法律规范的有机衔接,强化对新型、疑难复杂案件办理的指导作用,从而促进司法实践的统一。
二是法律发展的演进功能。该功能旨在通过发布具有前瞻性的典型案例,提升法律体系的适应性与进化性,以应对社会变迁中的新问题。检察指导性案例通过提炼新型、疑难案件的法律推理与办案规则,示范如何填补法律漏洞、拓展法律解释边界,从而为法律规范的完善提供实践支撑。这不仅能引导检察官在类案处理中预见法律发展趋势,还能向立法机关和相关司法机关反馈司法需求,促进法律条文的修订与司法解释的更新,最终实现法律体系的动态平衡与持续发展。这种实践反馈机制构成了法律体系自我完善的闭环,不仅降低了法律修订的试错成本,更实现了法律规则与社会治理需求之间的良性互动,巩固了法治建设的根基。
三是法律监督的约束功能。该功能旨在通过发布具有约束力的典型案例,对司法行为施加规范性制约,确保法律监督的权威性。一方面,通过提供统一执法标准,监督公安机关在侦查、取证、强制措施等环节的合法性,防止程序违法和证据瑕疵。另一方面,通过确立权威的法律适用标准与办案规则,监督审判机关在事实认定、法律适用、程序规范及量刑裁决等环节的合法性与统一性。法律监督对象的纵向扩展来源于对法律监督权的精准解读,不仅有助于减少司法腐败风险,还能提升法律监督整体效能。
基于此,有必要结合检察指导性案例的实际运行情况,从立法保障、机制创新与技术支撑等方面加强检察指导性案例制度建设,以充分释放其制度效能。
立法切入:稳步提升指导性案例的刚性效力。在立法上,建议明确规定在办理特定案件时必须援引相关指导性案例,确立强制援引机制,实现从隐性适用向明示参照的制度转变。应将“最高检2019年规定”中的“可以引述”改为“应当引述”,从而进一步强化指导性案例的刚性效力,有效统一裁判尺度,提升法律监督整体效能。
完善机制:系统构建检察指导性案例的平台体系。这需要系统性拓展案例来源,确保涵盖刑事、民事、行政及公益诉讼“四大检察”重点领域,并重点关注新兴热点问题。具体操作上,可通过建立全国性案例征集机制,鼓励各级检察院定期提交代表性案例,同时引入专家评审团对案例的典型性、指导性进行严格筛选,确保入选案例能反映司法实践的最新动态。应加强跨部门协作,例如,与法院、公安机关及学术机构共享案例资源,动态更新案例库内容,全面覆盖法律盲区。同时,建立科学的案例分类与标签体系,细化至具体罪名、争议焦点和法律适用难点,提升案例库的体系性和科学性,强化法律监督的针对性和实效性。此外,为提升指导性案例的质量和指导性,亟须构建制度化的退出机制。通过定期清理已不再适应司法实践需求的案例,实现检察指导性案例体系的动态优化与良性循环,最终促进司法公正和统一。
数字赋能:全面优化检察指导性案例的配套制度。这要求构建覆盖全国、层级清晰的检察案例数据库平台,实现指导性案例的智能检索与动态更新。平台应具备多维度标签分类功能,支持检察官通过案由、争议焦点等要素精准定位类案,并嵌入类案推送、条文关联、文书生成等机制。辅助检察官准确识别潜在监督要点,提升案例参照的便捷性与准确性。在此基础上,强化平台数据挖掘与学习功能,定期生成案例应用分析报告,识别高频引用点和适用难点,反向指导案例的遴选、编纂与更新工作,形成“应用—反馈—优化”的动态闭环。此外,开发智能化辅助工具,对指导性案例的援引和采纳情况进行系统追踪,对违反背离案例或随意援引的情形予以记录,并通过数据分析将上述情况纳入检察官绩效考核范围,从而推动形成以数据驱动、智能协同为特征的案例指导新生态。
综上,唯有构建立法保障、机制创新与技术支撑三位一体的协同框架,方能突破援引不足与适用碎片化的现实困境,使检察指导性案例真正成为统一法律适用标准、提升法律监督效能的重要引擎,进而推动检察监督从个案参照向规则治理的系统性跃升。
(作者为西北政法大学公安学院讲师、检察公益诉讼研究中心研究员)
Creation date: 2013-06-07 Bishkek March 3, 1997, # 12 THE LAW OF THE KYRGYZ REPUBLIC On Licensing (As amended by the Laws of the Kyrgyz Republic of February 14, 1998 #13, April 24, 1998 #53, July 7, 1998 #87, September 12, 1998 #121, November 27, 1999, #131, January 18, 2001 #13, June 12, 2001 #48, February 17, 2003 #38, February 18, 2003 #41, March 10, 2003 #59, June 11, 2003 #95, August 1, 2003 #165, December 24, 2003 #239, August 13, 2004 #129, January 27, 2006 #21, April 28, 2007 #45, April 19, 2008 #62, April 28, 2008 #73, June 2, 2008 #105, June 12, 2008 #118, June 23, 2008 #126, October 23, 2008 #232, November 20, 2008 #241, July 31, 2009 #259, October 13, 2009 #270, October 5, 2011 #161, December 21, 2011 #242, October 6, 2012 #169, October 10, 2012 #170, October 11, 2012 #171, November 14, 2012 #182) See: The Regulations on licensing of different kinds of entrepreneurship (approved by the Decree of the Government KR of May 31, 2001 #260) CHAPTER I. GENERAL PROVISIONS CHAPTER II. LICENSING OF GOODS EXPORT AND IMPORT (WORKS, SERVICES) 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 1/15CHAPTER III. CONDITIONS AND PROCEDURES FOR ISSUANCE OF LICENSES CHAPTER IV. RESPONSIBILITY FOR VIOLATION OF THE LAW ON LICENSING CHAPTER I GENERAL PROVISIONS Article 1. Relationships, Regulated by This Law 1. This Law shall regulate relationships, related to government licensing of activity or definite actions, subject to licensing. 2. Relationships, related to license issuance within the limits of licensed contract, entered into between individuals and (or) legal entities, shall not be regulated by this Law. 3. Licensing of the activity of banks, financial and credit as well as other institutions, regulated by the National Bank of the Kyrgyz Republic, shall be governed by the Laws of the Kyrgyz Republic "On the National Bank of the Kyrgyz Republic", "On banks and banking activity", regulatory acts of the National Bank of the Kyrgyz Republic and other regulatory legal acts of the Kyrgyz Republic to the extent not withstanding such acts. (As amended by the Law of the Kyrgyz Republic of February 17, 2003 #38) Article 2. Concept of License License shall mean a permission to perform a certain type of activity or perform different actions, issued to an individual or a legal entity by a competent government agency. Article 3. Basic Licensing Principles 1. Licenses shall be issued on equal grounds and on equal conditions to all persons, who meet the requirements, established for a license of a given type. It shall be prohibited to give state enterprises preferential right to issue licenses, except for those types of activity (production of products, works, services), which are referred to government monopoly by legislative acts. 2. It shall be prohibited to issue a license for purposes of restriction of competition or to provide advantages to certain groups of businessmen depending on the form of their ownership, on departmental interests or place of location. Issuance of a license must not encourage strengthening of monopoly or restrict the freedom of business activity. 3. Licenses shall be alienable, i.e. transferable by a licensee to other individuals or legal entities, unless otherwise established by this Law and other normative legal acts, adopted in accordance therewith. 4. A license shall be required to perform only those types of activity and those actions which licensing is stipulated by this Law. 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 2/155. Introduction of a licensed procedure or its termination in respect to different types of activity shall be stipulated by this Law and may take place based on state security considerations, realization of the state monopoly, legal order enforcement, environment protection, protection of property, life and health of citizens. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 4. Types of Licenses Licenses shall be identified based on the following features: 1. Subjects: 1) issued to individuals and legal entities of the Kyrgyz Republic; 2) issued to foreign legal entities, foreign citizens, individuals without citizenship and international organizations. 2. Subject matters of the activity: 1) general - to perform certain type of activity; 2) once-only - to perform certain economic operation within the allowed amount, weight or number (in kind or in cash). 3. Time of action: 1) permanent - issued without time restrictions; 2) temporary - issued for a period of no less than two years unless otherwise provided by the legislation in effect. 4. Territory of activity: 1) actions which are limited to a certain territory of the Kyrgyz Republic; 2) actions which cover the whole territory of the Kyrgyz Republic; 3) actions which go beyond the borders of the Kyrgyz Republic. 5. Alienability: 1) alienable; 2) inalienable. Alienable licenses shall constitute licenses issued in accordance with the list, approved by the Jogorku Kenesh of the Kyrgyz Republic. See: Letter of the Chief of the KR Jogorku Kenesh Staff of March 6, 2008 #394 (on the list of alienable licenses) Licenses, not included in the list stated in part two of this Article, shall be inalienable. The license, not subject to alienation in accordance with this Article, must have the mark thereon. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 3/15Article 5. Agencies Performing Licensing 1. A license shall be issued to a receiver (licensee) by ministries, institutions and other management agencies (licensors), supervising this type of licensed activity, identified by legislative acts and by the Government of the Kyrgyz Republic. 2. A license to perform a certain type of business activity irrespective of subjects performing such activity shall be issued by a single management agency. 3. Licensing authorities are prohibited from engaging in the same type of activity for which they are issued a license. (Interpretation of article, see the Law of the Kyrgyz Republic of December 3, 1998 #150) (As amended by the Laws of the Kyrgyz Republic of January 18, 2001 #13, July 31, 2009 #258) Article 6. Forms of Licenses Forms of licenses shall be established by the Government of the Kyrgyz Republic and shall be documents of strict reporting. Article 7. License and Other Title Acts 1. In the event besides the license another permission is required (allocation of a land plot, allocation of radio frequency, etc.) to perform a certain activity or perform certain actions. Such permission shall be given after the receipt of the license. Permission without the license shall be invalid. 2. Performance of activity, requiring licensing, shall be allowed only with the license. 3. Transactions shall remain valid in the event the requirement to receive a license was established after their conclusion, unless otherwise established by the legislation. Early termination of the license or imposition of embargo (prohibition) to export of any type of product to certain countries shall not cover already concluded transactions, unless otherwise provided by the legislation. Article 8. Licenses, Issued to Foreign Legal Entities or Individuals Foreign legal entities or individuals, as well as individuals without citizenship shall receive licenses on the same conditions and in the same procedure as legal entities and individuals of the Kyrgyz Republic, unless otherwise provided by legislative acts. Licenses, received in other countries, shall be recognized on the territory of the Kyrgyz Republic provided that corresponding international agreements are entered into or in cases stipulated by the Law of the Kyrgyz Republic “On the National Bank of the Kyrgyz Republic”. 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 4/15(As amended by the Law of the Kyrgyz Republic of October 23, 2008 #232) Article 9. Types of Activity Subject to Mandatory Licensing A license shall be required for the following types of business activity: (null and void in accordance with the Law of the Kyrgyz Republic of July 31, 2009 #258); (null and void in accordance with the Law of the Kyrgyz Republic of October 11, 2012 #171); 3) construction of dams on rivers and reservoirs; 4) hunting and fowling according to the list as defined by the Government of the Kyrgyz Republic; 5) production and sale of drugs, vaccines and serums, medicine and medical equipment, except as provided by the legislation; 6) production and sale of ethanol; 7) private medical and veterinary practice; See: The Regulations on licensing of private medical practice in the Kyrgyz Republic (approved by the Order of the Ministry of Health of the Kyrgyz Republic of January 15, 2003 #10); The standards (requirements) for licensing of private medical practice for legal entities and individuals (approved by the order of Ministry of Health of the Kyrgyz Republic of January 12, 2004 #11) 8) activity of totalizators and bookmaker’s offices; See: The Law of the Kyrgyz Republic of July 26, 2004 #95 “On gambling activities in the Kyrgyz Republic” 9) admission and issue of civil aircrafts, transportation by air of passengers, baggage, cargo and mail, aircraft maintenance and equipment within the territory of the Kyrgyz Republic; 10) urban planning, and design and survey works of residential, public and industrial buildings and structures; 11) construction works, except for the construction of individual houses; 12) private detective and private security activity when the activity is related to the acquisition, holding, carrying and use of special means; 13) banking operations, except for operations on financial lease (leasing), exchange transactions with cash foreign currency, the activity of providing services related to electronic payments, the activities of credit unions to attract legal entities of funds from the public on the conditions of maturity, repayment and serviceability; See: The Regulations on the procedure for issuing licenses to conduct exchange operations with foreign currency (approved by the Decree of the Board of the National Bank of the Kyrgyz Republic of July 27, 2011 #40/4; 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 5/15The Regulations on licensing of credit unions (approved by the Decree of the Board of the National Bank of the Kyrgyz Republic of May 4, 2005 #14/3) 14) professional activity on securities; 15) insurance activity; 16) activity of non-state pension fund; 17) (null and void in accordance with the Law of the Kyrgyz Republic of July 31, 2009 #258) 18) activity in the field of postal, telecommunications, data communications, broadcasting, including design, manufacturing, construction, and installation of required networks, lines, structures, systems and devices (except the organization of communication use within a destination); 19) production and turnover (storage for production or sale, wholesale and retail) of alcoholic beverages; 20) generation, transmission, distribution, sale of electric and thermal power, oil and natural gas processing; 21) construction of electric stations, substations and electric transmission lines; 22) auditing activity; 23) educational activity irrespective of the level of education and ownership form (except for public institutions pursuing the pre-school and elementary education, basic and secondary education programs); 24) import, development, production and sale of explosive and pyrotechnic substances and products; 25) production, repair, trade in arms and ammunition; 26) development, manufacture and sale of production and services for military purposes; 27) null and void in accordance with the Law of the Kyrgyz Republic of July 31, 2009 #258); 28) null and void in accordance with the Law of the Kyrgyz Republic of July 31, 2009 #258); 29) utilization, placement, destruction and burial of wastes of toxic materials and substances, including radioactive ones; 30) transportation (including transboundary) of production wastes of toxic substances; 31) activity of administrators carrying out bankruptcy procedure; 32) legal practice (private notary and advocacy); See: The Resolution of the Provisional Government of the Kyrgyz Republic of July 13, 2010 VP #126 “On approval of the Regulations on the Qualification Commission under the Ministry of Justice of the Kyrgyz Republic to grade the qualifying examination for persons, applying for a license, to practice as a private notary activity, the Regulations on probation a person claiming for a license to practice as a private notary activity and the Order of suspension of the license to practice as a private notary activity” 33) passenger and cargo carriages by motor transport, international carriages of passengers and cargo by motor transport, air, water, railway transportation (except for special, official and technological carriages); 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 6/15See: The Order of the Ministry of Transport and Communications of the Kyrgyz Republic of March 2, 2004 #72 “On licensing of cargo and passengers transportation by railway” 34) null and void in accordance with the Law of the Kyrgyz Republic of July 31, 2009 #258) 35) null and void in accordance with the Law of the Kyrgyz Republic of December 21, 2011 #242) 36) null and void in accordance with the Law of the Kyrgyz Republic of October 10, 2012 #170) The license, issued to a legal entity, is a single document, entitling it to carry out the activities, specified therein, and which does not require receiving a similar document with regard to each of its subdivisions. Note: under military goods mean weapons, inventory, military equipment, documentation, results of intellectual activity, information in the military-technical field, attributable to the legislation of the Kyrgyz Republic to military products. Under the military services means work on the repair, upgrade, disposal of weapons, military equipment, as well as their transportation, delivery and storage. (As amended by the Laws of the Kyrgyz Republic of February 14, 1998 #13, April 24, 1998 #53, July 7, 1998 #87, September 12, 1998 #121, November 27, 1999 #131, January 18, 2001 #13, June 12, 2001 #48, February 17, 2003 # 38, February 18, 2003 #41, March 10, 2003 #59, June 11, 2003 #95, August 1, 2003 #165, August 13, 2004 #129, April 28, 2007 #45, April 19, 2008 #62, June 2, 2008 #105, June 12, 2008 #118, June 23, 2008 # 126, November 20, 2008 #241, July 31, 2009 #258, October 13, 2009 #270, December 21, 2011 #242, October 6, 2012 #169, October 10, 2012 #170, October 11, 2012 #171). CHAPTER II LICENSING OF GOODS EXPORT AND IMPORT (WORKS, SERVICES) Article 10. General Provisions 1. General and once-only licenses shall be issued for export and import of goods (works, services). List of goods (works, services), subject to licensing, as well as the procedures for official registration and issuance of licenses, shall be established by the Jogorku Kenesh of the Kyrgyz Republic. See: The order of registration and licensing of any export-import transactions (approved by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic of June 8, 1998 Z #1100-I); The list of specific goods whose export is subject to licensing (approved by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic of June 8, 1998 Z #1101-I); The list of specific goods whose importation is subject to licensing (approved by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic June 8, 1998 Z #1101-I) 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 7/15Subject to licensing and transactions of import / export and re-export of production included in the National Control List of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic in consultation with the Profile Committee of the Jogorku Kenesh of the Kyrgyz Republic, which can be used to produce weapons of mass destruction, their means of delivery, and other types of weapons and military equipment. 2. The general licenses shall be issued for the term, required for fulfillment of export and import transactions, but not exceeding one calendar year. The general license's transactions may be conducted by one or number of contracts with mandatory notification of the nature of the transactions. 3. A once-only license shall be issued to an applicant for the period of one calendar year for fulfillment of export or import transactions for each separate transaction. The owner of the license has the right to decline the transaction by notification of the body which has issued the license. 4. The term of both the general and once-only license may be prolonged by motivated request of an applicant. 5. The general and once-only licenses shall be considered as a permission for export and import of goods (works and services) and shall be used as a basis for customs official registration of the production. 6. The licenses shall be issued for one type of goods (works, services) irrespective of the number of their names, included into the contract. The issuance of the general license for number of types of goods shall be allowed in case these goods form the single group of goods for construction (modernization) of a single object, as well as for works and services, if they form a single technological complex (set). (As amended by the Laws of the Kyrgyz Republic of December 24, 2003 #239, April 28, 2008 # 73, October 5, 2011 #161) See: The list of organizations of licensers and experts on import licensing of specific goods (approved by the Decree of the Government of the Kyrgyz Republic of October 29, 1998 #709); The list of organizations of licensers and experts on export licensing of specific goods (approved by the Decree of the Government of the Kyrgyz Republic of October 29, 1998 #709) Article 11. Peculiarities of Goods (Works, Services) Export licensing 1. Licensing of export transactions may be used in case: 1) the subject of export are the goods (works, services), which sale (realization) at the inner market is conducted on the basis of license; 2) the production and realization of that kind of goods (works, services) is the monopoly of the State. Consideration of this or that activity as the monopoly of the State shall be established by the legislation of the Kyrgyz Republic. 2. Introduction of licensing for the export of goods (works, services) by other reasons, including the reasons of protection of the inner foods and goods market in the interests of consumers and the corresponding limitations for export of goods shall be made by the decision of the Jogorku Kenesh of the Kyrgyz Republic. 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 8/153. The licenses issued for the export of goods (works, services) to one country cannot be used for export of the goods (works, services) to another country. 4. The licenses for export of goods (works, services) shall be issued on the basis of open auction (tenders, competition) except for issuance of the licenses to the producers of goods (works, services). The license, issued in violation of the established procedures shall be considered null and void. Article 11-1. Goods (Works, Services) To Be Licensed for Export and Import Operations The goods (works, services), which are subject to licensing for export operations are the following: - debris and nonferrous metal waste. (As amended by the Laws of the Kyrgyz Republic of February 14, 1998 #13, January 18, 2001 #13) Article 12. Licensing of Goods (works, services) Import Introduction of licensing for goods (works, services) import in order to protect the interests of the Kyrgyz producers at the inner market shall be made by legislative acts of the Kyrgyz Republic. CHAPTER III CONDITIONS AND PROCEDURES FOR ISSUANCE OF LICENSES Article 13. Terms and Conditions for Issuance of a License The license for the right to carry out the activity which is subject to licensing, shall be given to the subject, which meets existing normative legal requirements for this type of activity. The conditions of production providing the security of the society, environment, life and health of the population as well as the guarantee of the quality of the goods (works, services), which are the products of such activity, shall be taken into account while issuing the licenses. (Part three null and void in accordance with the Law of the Kyrgyz Republic of November 14, 2012 #182). (As amended by the Laws of the Kyrgyz Republic of January 18, 2001 #13, November 14, 2012 #182). Article 14. The Documentation Needed for Getting a License The following documentation is needed to get a license: 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 9/151) the application of the standard form, which form is established by the Government of the Kyrgyz Republic; 2) the documentation, confirming the correspondence of the licensee to the requirements of the Article 13 of this Law; 3) the documentation, confirming the payment of fee for the application processing and license issuance; 4) the copy of the certificate for the State registration. The legal acts on certain separate types of the activities subject to licensing may establish additional and special requirements for the List of documentation needed for getting a license. The licensee shall be prohibited to demand from the applicant submission of documents not set forth in the regulations on licensing of the corresponding types of activity. All documents, submitted for license, shall be registered by the agency authorized for the licensing activity. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 15. The Terms for Consideration of a License Application Licenses shall be issued within the monthly period from the date of the application with all the necessary documentation. (As amended by the Laws of the Kyrgyz Republic of January 18, 2001 #13, November 14, 2012 #182). Article 16. Fee for the Application Processing and License Issuance The license shall be issued for fee. The fee for processing the application, necessary examination and paper work shall be defined only by respective expenses of the agency authorized for the licensing activity, but may not exceed three minimum monthly wages. In the event the license is re-registered in accordance with Article 17-2 of this Law, the fee shall be charged in the amount of one monthly wage. All funds, collected for processing the applications and issuance of licenses, shall be transferred to the Republican budget. (As amended by the Laws of the Kyrgyz Republic of January 18, 2001 #13, January 27, 2006 #21) Article 17. Refusal to Issue a License 1. A license shall not be issued if: 1) the conduct of certain type of activity is forbidden for this category of subjects by the existing legislation; 2) not all the documents, required in accordance with Article 14 hereof or other legal Acts, were submitted to the licensing organ. After removal of this obstacle by the applicant, his application will be considered in accordance with established procedure; 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 10/153) the fee for the application processing and issuance of license has not been paid; 4) the applicant does not meet the requirements established in accordance with Article 13 hereof; 5) there is the court's order in respect of the applicant, which forbids him conduct of this type of activity. 2. The refusal to issue a license by the reasons set forth below shall be forbidden: 1) non-expediency of providing to an applicant the right for conduct of the activity subject to licensing; 2) saturation of the market by the goods (works, services), which production or realization is subject to licensing; 3) providing monopoly on the market; 4) doubts as of personal characteristics and the reputation of an applicant, including the reasons of his previous convictions, previous injunctions for commercial activity, recalls of previous licenses, provided these injunctions and recalls are considered to be terminated in accordance with the existing legislation. 3. It shall be forbidden to condition the issuance of a license by the following requests: 1) on mandatory procurement of goods for governmental needs; 2) on realization of the goods (works, services), produced in accordance with the received license to certain customers or their delivery to certain regions of the Republic, including requests to refuse the delivery of these goods outside of the certain administrative region or for export; 3) on establishing certain fixed prices (tariffs, fees) for the produced goods (works, services), including their realization to certain customers by certain predetermined prices. 4. The non-compliance of the licensee with the legal requirements set forth by the agency responsible for licensing the banking activity shall serve a ground for taking a decision by such agency on rejecting to issue a license or withdrawal of a banking license in accordance with the provisions provided by the banking legislation. In case of refusal to issue a license an applicant shall be given a motivated answer in written form within the period established for issuance of a license. (As amended by the Laws of the Kyrgyz Republic of January 18, 2001 #13, February 17, 2003 #38, July 31, 2009 #258) Article 17-1. Formation and Maintenance of License Registries 1. The licensing agencies shall form and maintain the license registries with respect to specific types of activities which are to be licensed by such agencies. The license registries shall contain the following information: - licensees; - licensor; - types of activities, which have been licensed; - date of issuance and registration number of license; - term of licenses; 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 11/15- information on registration of licenses in the registries, grounds and dates of suspension and renewal of licenses; - grounds and dates of cancellation of licenses; - other information defined by the regulations on licensing of certain types of activities. 2. The Government of the Kyrgyz Republic shall define the procedure for formation and maintenance of the license registries. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 17-2. Re-registration of Licenses 1. In the event of re-organization of legal entity, change in its name or address, the licensee-legal entity or its assignee shall immediately apply for re-registration of the license and shall file relevant documents confirming the above changes. In the event of change in the name or place of residence by the individual entrepreneur, the licensee-individual entrepreneur shall immediately apply for re-registration of the license and shall file relevant documents, confirming the above changes. 2. The licensing agency shall enter the respective changes to the license registry for the purposes of re-registration of the license. The license shall be re-registered within five days after submission by the licensee of the application. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 17-3. Procedure for registration of license in case the nonobservance of time of issuance or denial of a license by the licensing authority 1. The licensing authority must within the period established for the issuance of a license, notify the applicant of the decision to issue or refuse to issue a license. Notice of issuance or denial of a license is sent (delivered) to the applicant in writing. 2. If the licensing authority has not issued a license to the applicant or not notified in writing of the reason for denial of a license, within thirty calendar days from the date of expiry of the deadline for issuance of the license, the applicant shall notify the appropriate licensing authority about the beginning of the kind of activity claimed by it. The licensing authority no later than thirty calendar days from receipt of the written notification of the applicant is obliged to grant a license, the effect of which begins on the date specified by the applicant in the written notice. 3. Decisions of the authorized body in the sphere of subsoil are taken in accordance with the legislation of the Kyrgyz Republic on subsoil. (As amended by the Law of the Kyrgyz Republic of November 14, 2012 #182) Article 18. Appealing Against Refusal to Issue a License Where a license has not been issued within the period, established hereof or by other Legal Acts or the refusal in issuance of the license, is considered as unjustified by the applicant the applicant has the right to appeal these actions judicially. 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 12/15(As amended by the Law of the Kyrgyz Republic of November 14, 2012 #182) Article 19. Suspension of a License and Its Revocation 1. The licensor shall be warned in writing for a single failure to comply with license requirements which did not inflict great damages. 2. A licensor has the right to suspend the effect of a license of the previously warned subject for the period up to three months for failure to comply with license requirements. The effect of the license shall be restored after removal of the reasons by which it was suspended. 3. A license may be revoked by the licensor in the following cases: 1) failure to remove the reasons for which the licensor suspended the effect of the license; 2) licensee's failure to comply with requirements of the license; 3) injunction for the licensee to conduct the type of activity for which he acquired the license; 4. Legislative Acts regulating certain types of activity may stipulate also other grounds and procedures for revoking and suspension of licenses. 5. A licensee has the right to appeal judicially the decision on suspension the effect of a license or in its revocation. Article 20. Termination of a License 1. A license shall be terminated only in the following cases: 1) expiration of the term of the license; 2) full completeness of the actions for which the license was given; 3) revocation of the licenses; 4) termination of the activity of an individual or a legal entity, whom the license was issued. 2. The license shall be valid till the end of its term in case of re-registration of a legal entity. 3. Disputes related to termination of a license shall be resolved in the court. CHAPTER IV RESPONSIBILITY FOR VIOLATION OF THE LAW ON LICENSING Article 21. Indemnification Indemnification of losses, caused by unjustified refusal to issue a license or by violation of the rights of a licensee, shall be provided in 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 13/15accordance with the procedure established by Civil Code. Article 22. Responsibility for Conduct of the Activity Subject to Licensing with Violation of the Law on Licensing 1. Conduct of the activity without the corresponding license or with violation of the established norms and rules of licensing entails the administrative or criminal responsibility in accordance with the existing legislation. 2. The profit, received from the activity, which is subject to licensing without such license, shall be subject to confiscation to the corresponding budget on the basis of the action of the authorized governmental agency. Article 22-1. Liability of Licensing Agencies The licensing agencies shall be imposed a liability in accordance with the effective legislation. (As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 23. Registration and Control The registration of the licenses as well as the control over observance of the rules for licensing shall be provided by a licensor and the licensor shall be held liable in accordance with the legislation of the Kyrgyz Republic. The government supervising and controlling agencies and other competent government agencies shall within its competence notify the licensing agency which has issued a license of any violations of the licensing requirements and terms and the measures taken. As amended by the Law of the Kyrgyz Republic of January 18, 2001 #13) Article 24. Procedure for Effectuation of This Law Put this Law into effect at the expiration of 30 days after its publication. It is published in the newspaper “Nasha Gazeta” of March 11, 1997 #20. 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 14/152. Deem point 2 of Article 21 of the Law of the Kyrgyz Republic “On General Fundamentals of Denationalization, Privatization and Entrepreneurship in the Kyrgyz Republic” of December 20, 1991 as repealed (Vedomosti of the Supreme Council of the Republic of Kyrgyzstan, 1991, # 22, page 694). 3. Suggest to the President of the Kyrgyz Republic, Government of the Kyrgyz Republic to make their normative acts consistent with this Law. 4. With effectuation of this Law and definition of the list of types of the licensed activity, the permission system for the types of activity not included into this Law shall be canceled on the whole territory of the Kyrgyz Republic. President of the Kyrgyz Republic A.Akaev Adopted by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic February 24, 1997 2025/2/19 15:21 National Bank of the Kyrgyz Republic https://www.nbkr.kg/printver.jsp?item=48&lang=ENG 15/15
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