The key international obligations of the Kyrgyz Republic are contained in the following international treaties to which the Kyrgyz Republic is a party:
- Agreement on conformed antimonopoly policy (among the CIS members) dated 12th March 1993;
- Agreement on conformed antimonopoly policy (among the CIS members) dated 25th January 2000;
- Agreement on creating the Economic Union dated 24th September 1993;
- Agreement on creating the Unified economic area among the Kyrgyz Republic, the Republic of Kazakhstan and Uzbekistan dated 30th April 1994;
- Agreement on the Custom Union and the Unified economic area dated 26th February 1999;
- Agreement on main directions of collaboration between the CIS members in the area of protection of consumers rights dated 25th January 2000;
- Convention on the protection of rights of investors dated 28th March 1997;
- other, including bilateral treaties with Kazakhstan, Uzbekistan, Russian Federation, European Union, Moldova, etc.
The principal competition and antimonopoly laws and Government resolutions are as follows:
Codes of the Kyrgyz Republic:
- Code of Administrative Liability of the Kyrgyz Republic dated 4th August 1998;
- Civil Code of the Kyrgyz Republic (part 2) dated 5th January 1998;
- Criminal Code of the Kyrgyz Republic dated 1st October 1997;
Laws of the Kyrgyz Republic:
- Law on Competition dated 22th July 2011 (the “Competition Law”);
- Law on Natural and Permitted Monopolies in the Kyrgyz Republic dated 8th August 2011 (the “Law on Monopolies”);
- Law on Advertisement dated 24th December 1998;
- Law on Protection of Consumers Rights dated 10th December 1997;
Resolutions of the Government of the Kyrgyz Republic:
- Resolution approving the Regulation on the procedure for setting prices (tariffs) of goods (works, services) of business entities regulated by the state dated 17th July 2003;
- Resolution of the Government of the Kyrgyz Republic “On issues of the Ministry of economy and antimonopoly policy of the Kyrgyz Republic” dated 20th February 2012;
- Resolution of the Government of the Kyrgyz Republic “On Competition Development Department under the Ministry of economy and antimonopoly policy of the Kyrgyz Republic” dated 4th May 2012;
- Resolution approving the Rules of reviewing the cases on violation of antimonopoly regulations of 2nd June 2012;
- Resolution approving the Procedure for reviewing the cases on violation of antimonopoly regulations in the field of unfair competition of 2nd June 2012;
- Resolution approving the Rules of detection, surpassing anti-competitive agreements (concerted actions) limiting competition of 2nd June 2012.
In addition to the above legal provisions, issues relating to competition and antimonopoly policy are governed by the acts of the National Bank of the Kyrgyz Republic and other public authorities.
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According to the developments in the structure of the Government of the Kyrgyz Republic, at the beginning of 2012 the Antimonopoly Agency was abolished and its functions were transferred to the newly created Competition Development Department under the Ministry of Economy and Antimonopoly Policy (the “Department”).
The Department being a subdivision of the Ministry of Economy and Antimonopoly Policy is responsible for the state antimonopoly regulation, protecting and developing competition within the scope of its authority.
The main tasks of the Department:
- development and protection of competition for the efficient functioning of markets of goods, works and services;
- implementation of measures to prevent, limit, suppress monopolistic activity and unfair competition;
- state control over observance of legislation in the field of antimonopoly regulation in order to achieve balance between the interests of consumers and entities of natural and permitted monopolies, providing access to their products (works, services) sold to consumers and price regulation;
- protection of legal rights of consumers when acquiring goods (works, services);
- enforcement of the laws on advertising.
The main functions of the Department, among others, include:
- implementing industry policy;
- implementing a unified state antimonopoly policy in sectors of the economy; forming and maintaining a state register of entities of natural and permitted monopolies;
- considering applications of business entities for reorganization (merger, acquisition, conversion), if this leads to appearance of economic entity (association) occupying a dominant position, applications for acquisition of shares (stakes) in the charter capital, execution of other transactions as provided by antimonopoly legislation, and making appropriate decisions;
- imposing fines and applying economic sanctions for violation of the antimonopoly legislation of the Kyrgyz Republic;
- performing state control over the actions of a business entity (group of persons) occupying a dominant position, anti-competitive agreements (concerted actions) of business entities, that limit the competition, liquidation of natural and permitted monopolies, acquisition of shares (stakes) in the charter capital of business entities and other;
- considering cases on violation of antimonopoly legislation, legislation on protection of consumers’ rights and advertisement within the scope of its authority.
The Department is headed by a Director, appointed by the Prime-Minister of the Kyrgyz Republic at the suggestion of the Minister of Economy and Antimonopoly Policy.
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The Competition Law prescribes that antimonopoly legislation of the Kyrgyz Republic is based, among others, on international treaties ratified by the Kyrgyz Republic that came into force in accordance with law.
The Law on Monopolies governs relations arising in the markets of the Kyrgyz Republic where the entities of natural and permitted monopolies, consumers, state authorities and local authorities participate. If international treaties ratified by the Kyrgyz Republic and which came into force in accordance with law provide for other rules than those provided by the antimonopoly legislation, then the rules of the international treaty are applied.
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