Who is the Business Ombudsman?
The Business Ombudsman is an authorized person with the authority to protect the rights, freedoms and legitimate interests of business entities, who promotes transparency of the activities of state bodies, local governments, and public sector enterprises to prevent corruption and/or other violations of the rights, freedoms and legitimate interests of business entities
What regulates the Business Ombudsman's activities?
In its activities, the Business Ombudsman is regulated by the Constitution of the Kyrgyz Republic, Government Decree #647 from 31.12.2018, Internal Rules of Procedures of the Business Ombudsman Insitute, and other regulatory legal acts of the Kyrgyz Republic
What is the Business Ombudsman Secretariat?
The Business Ombudsman has its own Secretariat, which consists of the Deputies Business Ombudsmen, specialists, administrative and technical staff
What is the status of the Business Ombudsman and the Secretariat staff?
The Business Ombudsman and the Secretariat staff are not state or municipal employees. They carry out their activities independently of the state bodies and local self-governments, and are not subject to or accountable to them. Interference in their activities, as well as influence on their activities, or hindering it in any form is prohibited by Government Decree #647 from December 31, 2018
Who can file a complaint to the Business Ombudsman?
Any individual or legal entity engaged in business activities in the Kyrgyz Republic can file a complaint to the Business Ombudsman. Applicants can submit their complaints in person or via an authorized representative. A power of attorney and a copy of the representative's identity document must be attached to a complaint filed via a representative
Can foreign business companies file a complaint to the Business Ombudsman?
Business Ombudsman considers complaints from any companies engaged in business activities in the Kyrgyz Republic, local and foreign, with no difference to its size, industry, and type of business
What shall complaint include?
The complaint must contain: 1. full name of an individual or full name of a legal entity, official registration number (if any) of the applicant, TIN of the organization or individual entrepreneur; 2. mailing address, phone numbers and email address of the applicant; 3. the state body, local government body, or public sector enterprise that is the subject of the complaint (who is the subject of the complaint); 4. a clear explanation of the nature of the alleged violation of the rights of the business entity, i.e. what rights, freedoms and / or interests of the applicant were violated; 5. the facts and evidence on which the complaint is based. The applicant can attach to the complaint any materials and documents that deemed necessary
Is it possible to submit an anonymous complaint?
You have the right to submit a complaint and remain anonymous for the state authorities. Please specify it in your complaint form
What languages can complaints be submitted in?
Complaints can be submitted in Kyrgyz, Russian or English languages
What is the time frame for reviewing a complaint?
A preliminary assessment of the complaint is carried out within 10 (ten) business days from the day following the day of registration of the complaint. If the complaint is incomplete or unclear, the Business Ombudsman may, at his discretion, reject the complaint or grant the Complainant additional time to complete or correct the complaint. The applicant will be notified in writing on the results of the preliminary assessment. Notification of the decision will be sent to the mail address or email address specified by the applicant in the complaint. If the complaint is accepted for further consideration based on the results of the preliminary assessment, the final response based on the results of the investigation will be sent to the applicant no later than 3 months from the date of registration of the complaint. In cases where the complexity of the issue under consideration or the amount of information provided requires more time to complete the review of the complaint, the Business Ombudsman may, at his discretion, extend the period for consideration of the complaint. The applicant will be notified of any extension of the complaint and the reasons for such an extension. The Business Ombudsman may halt an investigation at any stage if the information provided by the complainant is not true, complete, or inaccurate. The applicant will be notified of such a decision along with the reasons
Is there a fee for processing a complaint?
There is no charge to complainants at any stage of the process. Complaints are submitted, reviewed and accepted free of charge
What complaints are not considered by the Business Ombudsman?
1. complaints that are in the process of court or arbitral proceedings, or in respect of which court or arbitral decisions have been made; 2. complaints about the legality and/or validity of any court decisions and rulings; 3. complaints arising in the framework of economic relations between business entities; 4. complaints in which the business entity has not exhausted at least one case of available administrative appeal per the legislation and internal rules of the party against which the complaint is filed; 5. "old" complaints - when it has been more than 1 year since the date of violation of business rights
How can I file a complaint?
There are several ways available to file a complaint: 1. using the form on the official website of the Business Ombudsman Insitute www.boi.kg; 2. via email firstname.lastname@example.org; 3. in writing via postal services to the address: Business Ombudsman Insitute, Bishkek, 103 Ibraimov Street; 4. in person to the office of the Business Ombudsman at 103 Ibraimov street, 2nd floor, Victory Business Center, Bishkek, 720031 Complaints submitted in writing must be signed by the applicant or an authorized representative
What is the structure of the Business Ombudsman Institute?
The highest collegial body of the Business Ombudsman Institute is the Supervisory Board. The Supervisory Board consists of authorized representatives of 3 parties, with each of them having 1 vote: Party 1 - Government of the Kyrgyz Republic; Party 2 - international development partners; Party 3 - the Business Associations. In 2020, the Supervisory Board consists of: from the Government of the Kyrgyz Republic - the Ministry of Economy of the Kyrgyz Republic, from the international development partners - European Bank for Reconstruction and Development (EBRD), from the business community - Chamber of Commerce of the Kyrgyz Republic, American Chamber of Commerce, JIA Business Association, Association of markets, retails and services, International Business Council, Association of Customs Brokers, and the Union of Banks of the Kyrgyz Republic