RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of September 27, 2003 No. 16

About some questions of application by courts of the Kyrgyz Republic of the penal legislation of responsibility for illegal receipt of the credit, inappropriate use of public credit and tax avoidance

For the purpose of ensuring the correct and uniform application by courts of the Kyrgyz Republic of the penal legislation about responsibility for illegal receipt of the credit, inappropriate use of public credit, evasion of the citizen from the tax discharge, evasion of the business owner from tax payment and compulsory insurance premiums and tax avoidance and compulsory insurance premiums of officials of business entities (the Art. of the Art. 184, of 185, of 211, of 212, 213 UK Kyrgyz Republics), the Plenum of the Supreme Court of the Kyrgyz Republic decides to make the following explanations:

1. Illegal receipt of the credit - this crime can be committed in case of receipt of bank, commodity, and commercial credit.

General provisions according to which the credit agreement is signed contain in Chapter 34 of the Civil Code of the Kyrgyz Republic. So, in particular, Art. 734 of group of companies of the Kyrgyz Republic determines that according to the credit agreement the bank or other credit institution (creditor) shall provide money (credit) to the borrower in the amount of and on the conditions provided by the agreement, and the borrower shall return the received sum of money and pay percent on it.

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