07 Апрель 2020

How can entrepreneurs contact with the state and local self-government bodies in a state of emergency

A state of emergency in Kyrgyzstan was declared on March 25, 2020, in certain areas and cities it will last until April 15, 2020. Entrepreneurs have been facing many challenges in connection with the state of emergency. It also affected communication between the entrepreneurs and the state bodies/local self-governments due to the imposed temporary restrictions on the physical movement and the movement of vehicles within the territories under the state of emergency. In this regard, the Business Ombudsman Institute would like to remind entrepreneurs on their right to contact and communicate with the state agencies and local self-governments and their right to access the information under the authority of state and local self-government bodies. The legislation of the Kyrgyz Republic does not contain clear provisions on changes of the general procedure for submitting requests to the state and local self-government bodies during the state of emergency. Accordingly, if a state or local self-government body continues to operate or switches to a remote mode of operation due to state of emergency, entrepreneurs can exercise their right to submit and the right to access to information using electronic tools and applications (proposals, complaints) and electronic requests. In accordance with the Law of the Kyrgyz Republic "On procedure for consideration of citizens’ applications”, electronic correspondence received by state or local self-government body via e-mail are equated with written requests. The Law obliges state and local self-government authorities to specify the official email address on its website and in case of its absence – on the official website of the Kyrgyz Government. The format of electronic correspondence is identical to the format of the written one except that the applicant is not obliged to put his signature. However, the applicant is obliged to provide all the necessary information specified in the Law. Entrepreneurs may attach to electronic correspondence scanned electronic documents, as well as specify the reference addresses on Internet, where electronic files (documents, photos, and videos) are available. Electronic correspondence, as well as written ones, should be registered within one working day of receipt by the state or local self-government body. However, a confirmation of receipt of electronic correspondence indicating the assigned reference number and relevant phones the applicant will be able to receive an email within 3 business days. It must be noted that the Law allows state and of local self-government bodies not to respond in cases where correspondence (a) contains profanity or offensive statements, calls to overthrow the political system, or incites ethnic and religious hatred; or (b) lacks the required information such as: name of state or local self-government body, the name of the official to whom the application is sent, name of the applicant, contact telephone number, residential address and the essence of the complaint. Electronic correspondence, as well as written, must be considered within 14 working days from the date of registration. The answer of the state or local self-government body shall be sent to the email address of the applicant. The Law obliges the state or local self-government body to send a written response in addition to the electronic one. Therefore, applicants should preferably also provide their mailing address. If consideration of the correspondence would require conducting a special audit (examination), a request for additional materials/information or other measures, the timing of consideration may be extended, but by no more than for 30 calendar days. Such a decision must be communicated to the applicant in electronic form. The Law of the Kyrgyz Republic "On access to information which is under the authority of state and local self-government bodies of the Kyrgyz Republic" also equates electronic requests for information to written requests. Individuals and legal entities may submit requests to the state or local self-government bodies by email. The response should be sent to the e-mail of the person who requested the information. State or local self-government bodies may attach to the response the files with the documents or may provide links to the electronic version of documents and materials available on the Internet. The response to electronic requests shall be prepared within two weeks the same as for written requests. If the response to the application cannot be prepared within 2 weeks, the state or local self-government shall notify the person who sent the request and specify the reasons for the postponement, which cannot exceed two weeks. To prevent the spread of COVID-19, as well as to comply with the state of emergency, we recommend to both entrepreneurs and state/local self-government bodies to actively use the existing legislation of the Kyrgyz Republic detailing mechanisms of submission and consideration of applications and requests from individuals and legal entities using electronic applications and electronic requests. *** Recommendations given in this article do not relate to the procedure for access to information which is under the authority of commandant offices established during the state of emergency