2.1 General definitions

In the Kyrgyz Republic (KR) anticorruption laws and regulations are applicable to:

• Government Officials;
• Municipal Officials;
• Heads of State Organizations;
• Officials.

• Government Officials
  Pursuant to the Law of the KR “On Public Service” dated 11 August 2004 (the “Public Service Law”), Governmental Officials are defined as Kyrgyz citizens holding political or administrative public offices in the state body on a permanent basis, paid from the state budget and performing professional activities within the provided authority. According to the KR President’s Decree “On Approving Register of Public Positions of KR”, dated 27 August 2007, the list of the Governmental Officials includes:
  • Political public officials - President of the KR; State Secretary of the KR; Advisor of the President of the KR; Head and deputy heads of the President’s Administration of the KR; Prime Minister of the KR; Ministers of the KR; Speaker of the Parliament of the KR; Governors of the KR; as well as other heads of governmental offices of the KR;
  • Judicial officials - judges and all other officers of judicial bodies of the KR; prosecutors and other officers in the prosecutor’s offices of KR;
  • Administrative public officials - officers of various state authorities of the KR, including officers of the State Secretariat; officers of the President’s Administration of the KR and its subdivisions; officers of the Security Council of the KR; officers of the ministries of the KR; officers of the central Government of the KR, officers and members of the KR Parliament, officers of administrative agencies, state committees and foundations under the Government of the KR; advisors and assistants of all political public officers; officers of customs, tax authorities, financial police, social fund, statistical committees, National Bank, State Auditing Chamber, Central Commission on Elections and National Referendums, drug enforcement agencies as well as other officers of various state bodies of the KR.
• Municipal Officials
  Pursuant to the Law of the KR “On Municipal Service” dated 21 August 2004 (the “Municipal Service Law”) the Municipal Officials are defined as Kyrgyz citizens holding political or administrative municipal offices in the representative and executive-administrative bodies of self-governed authorities. According to the KR President’s Decree “On Approving Register of Political and Administrative Municipal Positions of KR”, dated 28 June 2006, the Municipal Officials include:
  • Political municipal officials - deputies of local governments, heads of counties, towns and cities, mayors of cities and other elected officials of local self-governed authorities;
  • Administrative municipal officials – all officers of local self-governed authorities.
• Heads of State Organisations
  Pursuant to the anticorruption Law, the Heads of State Organisations are defined as heads of organisations and companies whose activity is financed from the state budget or where the state has a participating interest (shares) in the charter capital. However, the anticorruption Law does not set an exact amount of the participation interest (shares) to be owned by the state. Accordingly, heads of organisations and companies, where the state has any shareholding of any size can be considered as being subject to anticorruption laws.  Commercial companies, such as Kyrgyztelecom, Kyrgyzaltyn (Kyrgyzgold), Kyrgyzneftegaz (Kyrgyz Oil and Gas), fall within the definition of state organisations since the Kyrgyz Republic is the majority shareholder in these commercial companies. 
• Officials
  Under the laws of the Kyrgyz Republic the Officials are those persons who are permanently, temporarily or under special authorization carry out functions of a representative of authority or perform organisational-and-executive, administrative-and-economic, controlling and auditing functions in the state bodies, or military formations.
• Other
  Individuals and legal entities, including their officials and employees, who illegally provide benefits, material and other amenities to Governmental Officials and Municipal Officials.

2.2 List of persons subject to anticorruption regulations

Pursuant to the Law of the KR “On Fighting Corruption” and the Criminal Code of the Kyrgyz Republic the following persons are recognized as being subject to anticorruption laws:

• Officials;
• Governmental Officials;

• Municipal Officials;
• Heads of organisations and companies whose activity is financed from the state budget or where the state has a participating interest in the charter capital;
• Individuals and legal entities, including the latter’s officials and employees, who illegally provide benefits, material and other amenities to Governmental Officials and Municipal Officials;