of November 10, 2004 No. 823
About approval of Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic
Based on article 40 of the Law of the Kyrgyz Republic "About environmental protection", the Government of the Kyrgyz Republic decides:
1. Approve the enclosed Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic.
2. Withdraw from Jogorku Kenesh of the Kyrgyz Republic the draft of the resolution of General Court of Jogorku Kenesh of the Kyrgyz Republic "About approval of Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic", No. 401 approved by the order of the Government of the Kyrgyz Republic of July 1, 2003 "About the draft of the resolution of General Court of Jogorku Kenesh of the Kyrgyz Republic "About approval of Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic".
3. Declare invalid the order of the Government of the Kyrgyz Republic of July 1, 2003 No. 401 "About the draft of the resolution of General Court of Jogorku Kenesh of the Kyrgyz Republic "About approval of Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic".
4. Publish this resolution in mass media.
Prime Minister N. Tanayev
Approved by the order of the Government of the Kyrgyz Republic of November 10, 2004 No. 823
1.1. These Instructive-methodological instructions for determination of payment for environmental pollution in the Kyrgyz Republic (daleeinstruktion) are developed according to the Law of the Kyrgyz Republic "About environmental protection".
The instruction is held for use users of nature, territorial authorities on environmental protection, executive bodies of the Kyrgyz Republic.
1.2. The payment for environmental pollution is levied from legal entities and physical persons, irrespective of legal forms and patterns of ownership on which they are founded, including joint businesses with participation of foreign legal entities and physical persons which are granted the right of conducting production economic activity in the territory of the Kyrgyz Republic (daleeprirodopolzovatel), except as specified, stipulated in Item 4.2.
1.3. The payment for environmental pollution is levied from the users of nature performing the following types of impact on the environment:
- emission in the atmosphere of pollutants from stationary and portable sources;
- dumping of pollutants into superficial water objects and underground horizon;
- placement of waste in the environment.
1.4. Adjustment of the amount of payment for environmental pollution (further - payment for pollution) taking into account change of price level is made by state bodies on environmental protection.
Coefficients of indexation of payment quarterly are accepted by specially authorized state bodies of environmental protection according to official figures of National Statistical Committee of the Kyrgyz Republic. In 2002 коэффицент indexations it is accepted for basic and equal 1.
1.5. Introduction of payment for pollution does not exempt users of nature from accomplishment of actions for environmental protection, and also from payment of penalties for environmental offenses and harming, caused by environmental pollution to health and property of citizens according to the Law of the Kyrgyz Republic "About environmental protection", and also other regulatory legal acts.
1.6. In case the divisions and branches of the companies located in the territories, separate of head enterprises, are not legal entities and have no settlement accounts, the payment for pollution by these divisions and branches is brought by head enterprises. Payments arrive in local funds of conservation and development of forest industry of those territories where the specified divisions and branches of the company through system of treasury are located.
1.7. Adjustment of the amount of payment for pollution taking into account development by users of nature of funds for accomplishment of nature protection actions according to the legislation of the Kyrgyz Republic is performed by state bodies on environmental protection in accordance with the established procedure.
1.8. Users of nature represent basic data for calculation of payments quarterly to territorial authorities of environmental protection to the 10th following reporting quarter.
2.1. The following terms and determinations are provided in Instructions:
Coefficient of indexation of payment - weighted average of the change in price in relation to the considered period of the base year. Is accepted according to official figures National Statistical Committee of the Kyrgyz Republic.
Coefficient of the ecological importance - the settlement size characterizing the value of natural resources on types of the territories and the importance of water objects. In case of its determination extent of possible use was considered.
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The document ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 19.09.2011 No. 559