Will Kyrgyzstan have enough time to implement all points of the Roadmap for accession to the Customs and the Eurasian Economic Union for a month?
All laws in passing
It is expected that the agreement on Kyrgyzstan's accession to the Customs Union and the Eurasian Economic Union will be signed on December 23. This means that Kyrgyzstan implements all the points of the Roadmap for a month. But while the parliament has approved only the first package of bills on the Customs Union in the second reading. Others are not even submitted to the Parliament, but the Cabinet of Ministers stubbornly insists that everything is going according to plan.
"The government will make the missing bills to parliament after November 20. For joining the Customs Union over one hundred legal acts should be taken, but the less amount of laws need to be changed. In this direction the work is being held, and if the Parliament supports us, we will have enough time to take all the laws," the Deputy Minister of Economy Danil Ibrayev urged journalists.
Most of the relevant regulatory acts are developed, but they are either under negotiation in the government or the public discussion. This causes concern: the laws will have be taken in one pocket and almost without discussion and understanding.
For all the work relating to the accession of Kyrgyzstan to the Customs and the Eurasian Economic Union responsible is the Ministry of Economy of the KR. After an endless succession of questions the department provided details of future changes in legislation. They indicated not only laws and regulations, which need to be improved, but also the agencies responsible for the changes.
Master of the pen
In a detailed study, it became clear why officials are calm. Laws and regulations, which are planned to be changed, are divided into two categories. The first will be changed before the entry to the Customs Union and the Eurasian Economic Union, the second - after. The first package consists of 16 documents, changing 21 laws. Exactly they were adopted by deputies on second reading.
After joining the CU only 13 laws and regulations will be changed. In the field of technical regulation a draft law on the annulment of the laws relating to the use of special protective measures has been developed. It provides for the abolition of the laws "On protective measures", "antidumping" and "On Subsidies and Countervailing Measures". The Administrative Code also needs changes. But there are no changes yet.
In the field of public health, veterinary and phytosanitary measures it is assumed to change the law "On protection of citizens from the harmful effects of tobacco". But the modification of the document is possible after Kyrgyzstan will take the CU technical regulation of tobacco products.
In the field of transport and infrastructure the innovations in the Code of Administrative Responsibility are planned. The new version of the document and 3 bills are developed and submitted to the government. In the customs tariff and non-tariff regulation the laws "On Precious Metals and Stones" and "On state regulation of foreign trade" will be changed. Both documents were reviewed in the Cabinet, but decided to go back to them after consultation with the Eurasian Economic Commission. An agreement on the procedure for movement of narcotic drugs, psychotropic substances and precursors for the customs territory of the Customs Union dated October 24, 2013 will also be changed. It is at the consultation stage.
After joining the Customs Union relations of Kyrgyzstan with association members in the financial policy will be exchanged. The agreement on the principles of levying indirect taxes in mutual trade with Russia, and with Kazakhstan - on the principles of levying excise tax VAT on exports and imports of goods (works, services) will be denounced.
It was all very nice on paper...
The situation with conformity of legislative framework of Kyrgyzstan and the Eurasian Economic Union is much more difficult. Prior to joining the CU and the EaEU, Kyrgyzstan should make changes to 7 legal acts, including five laws.
The union provides introduction of e-government. For compliance with partners it isn't yet necessary to change the laws, but analyzing of shortcomings is required. The first steps have been taken. The government order of November 17, 2014 approved a program for implementation of e-governance in state bodies of executive branch and local self-government authorities of the Kyrgyz Republic for 2014-2017.
Changes will be introduced to the laws "On competition", "On natural and legalized monopolies", "On advertising". The first is at the stage of public discussion, the second and third will be posted on the website of the government in the near future. Innovations in the Law "On energy sector" are listed by a separate paragraph. The Ministry of Energy and Industry deals with them. It is responsible for changes in the industry. But the agency believes that the manufacturing industry has no legal acts, which are to be changed or canceled at all. There will be no innovations in the field of transport and communications.
As for intellectual property law, then the Law "On legal protection of selection achievements" will be adjusted. The Customs Service will present a new version of the statute on customs control of goods containing intellectual property objects. The State Customs Service has an exception and amending terms are extended till December 15, 2014.
But the story with the Eurasian Economic Union does not finish here. After accession of Kyrgyzstan to the EAEU 7 laws and 34 regulatory acts will be changed. For example, it is planned to adopt the Budget Code. This will allow not changing certain laws. But the draft document to the Ministry of Finance is on completion. Another section deals with monetary policy. The National Bank considered that changes aren't required in this direction. There will be no adjustments and legislation in the field of trade in services and investment. Oddly enough, but the Ministry of Agriculture and Land Reclamation also considered that legislation in agricultural sector is not contrary to the norms of the EAEU.
There are no legislative changes in financial markets, but the country has to define sectors, where the Kyrgyz Republic will provide national treatment, and the list of remaining restrictions. These issues are governed by the laws "On organization of insurance" and "On licensing system."
It is planned to introduce changes to the 18 decrees of the Cabinet upon the issues of competition policy and natural monopolies. These documents are classified by-laws. Therefore, they will be adopted only after changes in the Law "On competition", "On domestic trade", "On natural and permitted monopolies."
The field of public procurement in six months will be compared with regulatory framework of the Kyrgyz Republic and the EAEU, and only then make adjustments will be introduced.
A separate section is devoted to labor migration. It is noted that the Interior Ministry, the State Registration Service and the Ministry of Labour, Migration and Youth will be engaged in legislate in lawmaking of this matter. It is about the development of agreements between Kyrgyzstan, Russia, Belarus and Kazakhstan on order of stay.
The devil is in details
The government and the parliament have a lot of work, so statements of the Cabinet that the integration process is nearing its logical conclusion, to put it mildly, are just slyness. After January 1, 2015, Kyrgyzstan will not be able to call itself a full member of the Customs Union and the Eurasian Economic Union.
"We hope that Kyrgyzstan will fully implement all point of the roadmap for accession to the Customs Union and the EAEU for 1-1.5 years. We will develop our trade policy with respect to Kyrgyzstan in order to prevent shock. Today Kyrgyzstan discusses trade issues with China within the Customs Union. It is planned to create a regime that will keep supply of Chinese goods to the extent necessary for domestic consumption of Kyrgyzstan," the Minister of Trade of the Eurasian Economic Commission Andrey Slepnev said.