ORDER OF THE MINISTRY OF FINANCE OF THE KYRGYZ REPUBLIC

of December 7, 1998 No. 271/p

About approval of the Instruction for application of the Law of the Kyrgyz Republic "About the state fee"

List of amending documents

According to Item 2 of the order of the Government of the Kyrgyz Republic of July 18, 1994 "About approval of rates of the state fee" I order to No. 521:

1. Approve the Instruction for application of the Law of the Kyrgyz Republic "About the state fee" it (is applied).

2. To management of tax policy and forecasting of the income (Kasymaliyev A. A.) make registration of the this Instruction in the Ministry of Justice of the Kyrgyz Republic.

3. The state tax authorities under the Ministry of Finance of the Kyrgyz Republic to bring this instruction to territorial tax authorities and heads of the organizations collecting the state fee.

4. To impose control of execution of this order on the deputy minister Begmatov R. D.

 

Approved by the Order of the Ministry of Finance of the Kyrgyz Republic of December 7, 1998 No. 271/P

The instruction for application of the Law of the Kyrgyz Republic "About the state fee"

SECTION I GENERAL PROVISIONS

1. The state fee is collected based on the Law of the Kyrgyz Republic "About the state fee", No. 1073-XII adopted by Jogorku Kenesh of the Kyrgyz Republic on December 16, 1992.

Payers of the state fee are legal entities and physical persons for the benefit of which specially authorized bodies make actions and issue the documents having legal value.

2. The state fee is collected:

a) from the filed a lawsuit actions for declaration, from statements on precontractual disputes, from statements (claims) for special proceeding, from cassation and supervising claims, and also for issue of copies (duplicates) of documents by court;

b) from the applications and statements, petitions for appeal submitted to Arbitration Court on decisions of Arbitration Courts, statements for review of decisions, resolutions, arbitration court rulings according to the procedure of supervision, and also for issue of copies of documents;

c) for making of notarial actions in the public institutions authorized on that, and also for issue of copies (duplicates) of notarially certified documents;

d) for civil registration, and also for issue of repeated registration certificates of acts of civil status and certificates in connection with change, amendment, correction and recovery of civil registrations;

e) for document creation on the right of trip abroad and by the invitation to the Kyrgyz Republic of persons from other states, and also for modification of these documents;

e) for issue of all-civil passports;

g) for issue or prolongation of the residence permit;

h) for issue of visa to passports of foreign citizens or documents replacing them of the right of departure from the Kyrgyz Republic and entry into the Kyrgyz Republic;

i) from applications for admission in nationality of the Kyrgyz Republic and about getting out of nationality of the Kyrgyz Republic;

j) for provision of the right to hunting and other objects of use of the state hunting fund, certain legal acts;

k) for payment by citizens of the Kyrgyz Republic of the amounts for the money transfers arriving from abroad;

l) for transactions with securities; for the transactions performed at trade, raw, currency and other exchanges; for holding the auction, for the transactions made at auctions; for the redemption of property of the state companies, according to the legislation of the Kyrgyz Republic;

m) for other actions and issue of the documents having legal value, determined by the legislation of the Kyrgyz Republic.

The state fee collected from citizens and legal entities in case of the appeal to courts, notariate and REGISTRY OFFICES in the amount of 90% arrives in the local budget, and in the amount of 10% - in fund of development of courts and organizations of justice.

The state fee collected by Arbitration Courts arrives:

a) in the income of the republican budget - 50% of rate of the state fee;

b) in fund of development of material logistics of Arbitration Courts - 50% of the state fee.

3. In this Instruction the rates established by the Law of the Kyrgyz Republic "About the state fee" and privileges on the state fee, procedure for its calculation and collection are stated.

Privileges on the state fee can be provided and when concerning specific payers there is decision of national court or Arbitration Court on payment or collection of duty amounts in budget receipt.

SECTION II PROCEDURE FOR CALCULATION AND COLLECTION OF THE DUTY

4. Two types of duty are established: in fixed rates (in som) and as a percentage of the corresponding amount (to sum in dispute, the certified agreement, property value, etc.).

5. The state fee is paid before filing of application, making of the actions paid with duty, and in appropriate cases - in case of issue of the document paid with duty.

6. The state fee is paid by cash som to credit institutes, or listed from the account of the payer in credit institute. Acceptance of the state fee by credit institutes from physical persons is performed in all cases with issue of the receipt of the established form of the strict reporting.

7. On the cases considered by national courts, the duty is paid before submission of the action for declaration of the cassation or supervising claim, and also in case of issue of copies of documents by court.

8. On the cases considered by bodies of Arbitration Court, the duty is paid before submission of the action for declaration, the statement on precontractual disputes or statements for review of the award of arbitration.

9. For accomplishment of notarial actions the state fee is paid when making these actions, and for issue of duplicates of documents - in case of their issue.

The duty according to transactions according to which one party is exempted from payment of duty is paid completely by other party.

10. For civil registration the duty is paid in case of issue of the statement for registration of acts, and for issue of repeated certificates - in case of their issue.

11. The duty on document creation on the right of trip abroad, the invitation to the Kyrgyz Republic, for modification of these documents, and also for issue or prolongation of the residence permit or for issue of visa to passports of foreign citizens or documents replacing them of the right of departure or entrance is paid before receipt of the relevant documents, and from applications for admission to nationality of the Kyrgyz Republic and about getting out of nationality - before submission of these statements.

12. And other objects of use gosokhotfondy the duty is paid for provision of the right to hunting in case of issue of the document.

13. Payment orders on non-cash transfer of duty, the bank receipt about acceptance of som on account of duty join actions for declaration, cassation, supervising claims and remained in cases of the organizations accepting duties, to copies of documents on the certificate of transactions to statements of acts of civil status and other corresponding materials about issue of documents.

In the register for registration of notarial actions the amount of the brought duty, date and number of the bank document is specified. In case of registration айыл to okmot of acts of civil status record about the amount of the paid duty is made in the assembly book in the column which is specially intended for this purpose or at the end of acts of record. At the same time record about payment of duty shall be certified by person who paid the national duty.

In cases of release of payers from payment of duty the mark in the relevant documents (registers, books, etc.) becomes.

SECTION III PROCEDURE FOR THE DUTY DRAWBACK

14. The state fee paid to the budget is subject to return in parts or in full in cases:

a) introduction of duty in bigger size, than it is required by the legislation of the Kyrgyz Republic;

b) return by courts and Arbitration Courts of statements (claims) or refusal in their acceptance, and also refusal in making of the actions which are subject to payment by duty, other bodies authorized to make these actions;

c) suit abatement or leaving of the claim without consideration if case is not subject to consideration in court or in Arbitration Court and also when the claimant does not observe the requirements determined by established procedure of the preliminary dispute resolution for this category or when the claim of collection is made by incapacitated person;

d) cancellations in accordance with the established procedure the judgment or Arbitration Court if at the same time the duty was already collected from the defendant in the budget;

e) amendments in proceedings on the reference of the presumable price of the claim from which the duty in connection with reduction of total amount of the claim was collected by court or Arbitration Court;

e) failure of the faces which paid duty of making in the organization collecting duties, this or that action or the order of the document to the appeal to this body;

g) introduction of the national duty for registration of annulment of marriage by mutual consent of the spouses who do not have minor children if annulment of marriage did not take place in connection with conciliation of spouses or absence of one of them.

The duty brought for registration of the act of annulment of marriage by a court decision in case of conciliation of spouses before registration of annulment of marriage, is not subject to return;

h) cancellations of the granted registration certificate of annulment of marriage in connection with refusal in the action of rescission of scrap as a result of trial de novo by court, and also cancellation by court of other acts of civil status, notarially certified agreements, certificates on inheritance right and other documents;

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