Instruction on the Consideration of Violation Cases in the National Bank of the Kyrgyz Republic

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Creation date: 2026-05-02

Appendix

to the Resolution of the Board of the National Bank of the Kyrgyz Republic

of December 19, 2018 No. 2018-P-12/55-6-(NPA)

INSTRUCTION

on the consideration of violation cases in the National Bank of the Kyrgyz Republic

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4, December 14, 2022 No. 2022-P-12/78-10, April 23, 2026

No. 2026-P-12/25-2-(NPA))

This Instruction on the consideration of violation cases (hereinafter - the Instruction) regulates the procedure for proceedings on violation cases (hereinafter - a violation case) provided for in the corresponding articles of the Code of the Kyrgyz Republic on Administrative Offenses (hereinafter - the Code on Administrative Offenses), which fall within the competence of the National Bank of the Kyrgyz Republic (hereinafter - the National Bank).

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

1. General Provisions

2. The National Bank considers violation cases and imposes penalties provided for by Articles 299-306, 323 and parts 1 and 2 of Article 355 of the Code on Administrative Offenses.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

2. The structural subdivisions of the National Bank (hereinafter - the Authorized Subdivision) authorized to initiate proceedings on violation cases are:

1. Structural subdivisions of the central apparatus (licensing department, banking supervision department, supervision of non-banking organizations department, payment systems supervision department, consumer protection department) - for violations provided for by Articles 299-301, 305, 306, 323, parts 1 and 2 of Article 355 of the Code on Administrative Offenses;

2. Financial Statistics and Reporting Department - for violations provided for by Article 302 of the Code on Administrative Offenses;

3. Cash Management Department - for violations provided for by Articles 303, 304 of the Code on Administrative Offenses;

4. Regional departments and the representation of the National Bank in the Batken region (hereinafter - RD) - for violations provided for by Articles 299-301, 303, 305 (within the competence of the RD), 306, 323, parts 1 and 2 of Article 355 of the Code on Administrative Offenses.

(In the edition of the Resolutions of the Board of the NB KR of December 15, 2021

No. 2021-P-02/70-4, December 14, 2022 No. 2022-P-12/78-10, April 23, 2026

No. 2026-P-12/25-2-(NPA))

3. The Commission of the National Bank on the consideration of violation cases (hereinafter - the Commission) has the right to consider violation cases and impose penalties by issuing a ruling on a violation case, except for cases provided for in paragraph 12 of this Instruction.

The personal and quantitative composition of the Commission is approved by an order of the National Bank.

In the absence of the Chairman of the Commission and other members of the Commission, persons holding their positions in accordance with the order of the National Bank participate in the work of the Commission.

(The paragraph lost force in accordance with the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

3-1. Decisions of the Commission are adopted by voting. A decision is considered adopted if a majority of the members present at the meeting voted for it.

(In the edition of the Resolution of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3)

3-2. The Chairman of the Commission:

• opens and conducts Commission meetings;
• issues a definition and notification on the appointment of the time and place for the consideration of the case (Appendix 2, 12);
• issues a definition on returning the violation protocol and other case materials to the Authorized Subdivision, in case the case materials were compiled and оформлены by unauthorized persons; incorrect/erroneous compilation of the violation protocol and оформлением of other case materials; incompleteness of the submitted materials that cannot be supplemented during the consideration of the case (Appendix 4).

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

3-3. Proceedings on violation cases are carried out in paper and/or electronic forms using the automated information system (hereinafter - AIS) of the Unified Registry of Violations (hereinafter - URV) and electronic digital signature (hereinafter - EDS).

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

4. Physical and legal entities are subject to liability for committing a violation within the limits provided for by Articles 299-306, 323 and parts 1 and 2 of Article 355 of the Code on Administrative Offenses.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

5. For committing violations provided for by the Articles of the Code on Administrative Offenses indicated in paragraph 2 of this Instruction, a fine is applied in the amounts specified in the corresponding articles of the Code on Administrative Offenses.

A fine is a monetary penalty imposed on physical and legal entities for committing a violation in cases, amounts, and order established by the Code on Administrative Offenses.

Penalties with respect to physical persons may be applied within 6 (six) months from the day the person committed the violation, and in case of a continuing violation - within 6 (six) months from the day it was detected.

Penalties with respect to legal persons may be applied within 1 (one) year from the day the person committed the violation.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

2. Procedure for initiating proceedings on violation cases

3. Grounds for initiating proceedings on a violation case are:

1. direct detection by employees of the Authorized Subdivision of sufficient data indicating the existence of an event of a violation;

2. materials received from law enforcement or other state bodies, local self-government bodies, containing data indicating the existence of an event of a violation;

3. reports and statements from physical and legal persons, as well as reports in other sources of information (including mass media and the Internet), including video or photographic materials containing data indicating the existence of an event of a violation.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

7. In case of detection of a fact of a violation by the Authorized Subdivision, a violation protocol is compiled on paper or in electronic form, certified by the EDS of the employee of the authorized subdivision (Appendix 1).

Each case of compiling a protocol must be entered into the URV by employees of the Authorized Subdivision.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

8. If the person against whom the protocol is compiled lacks documents certifying their identity, and at the same time the person refuses to confirm their identity and provide information about their place of residence, then employees of the Authorized Subdivision have the right to contact law enforcement agencies, which are authorized to deliver the person held accountable for committing a violation to the premises of the law enforcement agency to establish the identity of the violator. The protocol is compiled jointly with a representative of the law enforcement agency, and the time limit for compiling the protocol in these cases cannot exceed 3 (three) hours.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

9. In case of refusal to sign the protocol by the person held accountable for committing a violation, a record of this is made in the protocol. The person held accountable for committing a violation has the right to submit explanations and comments attached to the protocol regarding the content of the protocol, as well as to state the reasons for their refusal to sign it.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

10. The protocol is compiled in 2 (two) copies, one of which is handed over to the person held accountable for committing a violation against a receipt.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

11. The Authorized Subdivision sends the violation protocol together with other materials containing evidence of the violation and/or explanations of the person held accountable for committing a violation to the Chairman of the Commission for consideration within one day from the moment of its compilation.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

12. If the person does not dispute the fact of committing the violation and the application of a penalty in the form of a fine and additional legal consequences, the violation may be considered and resolved at the place where the violation was committed. In this case, a ruling is issued at the place where the violation was committed (Appendix 1-1).

The ruling is signed by the person who compiled the protocol and enters into force from the moment of handing over a copy to the violator.

The consent of the violator to consider the violation at the place of its commission means their consent to the imposition of a penalty and additional legal consequences on them in accordance with the requirements of the Code on Administrative Offenses.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

3. Preparation for the consideration of a violation case

4. The Commission, when preparing for the consideration of a violation case, clarifies the following issues:

• whether the consideration of this case falls within the competence of the National Bank, including issues of the presence in the materials submitted for consideration by the Commission of signs of a criminal offense, the necessity of transferring the violation protocol and other case materials to the prosecutor or investigative body according to jurisdiction;
• whether there are circumstances excluding the possibility of considering this case;
• correctness/accuracy of the compilation of the violation protocol, as well as the оформлением of other case materials;
• the presence of circumstances excluding proceedings on a violation;
• the sufficiency of the existing case materials for its consideration on the merits;
• the presence of petitions and recusals.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

13-1. If, during the preparation for consideration, as well as during the consideration of a violation case, the Commission concludes that the violation contains signs of a criminal offense, the Commission makes a decision to transfer the case materials to the prosecutor or investigative body according to jurisdiction.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

14. The Commission, when preparing for the consideration of a violation case, has the right to make a decision on:

• summoning persons (Appendix 3);
• postponing the consideration of the case, requesting necessary additional case materials, appointing an expertise (Appendix 3-1);
• transferring within 3 (three) working days the violation protocol and other case materials for consideration according to jurisdiction, including the transfer of case materials to the prosecutor or investigative body, if the consideration of this case does not fall within the competence of the National Bank (Appendix 5);
• recusal of a Commission member in cases provided for by the Code on Administrative Offenses (Appendix 6);
• termination of proceedings on the case in the presence of circumstances provided for by the Code on Administrative Offenses (Appendix 7).

All Commission decisions are entered into the AIS URV.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

15. A Commission member is not entitled to consider a violation case if they:

1. are a relative of the person held accountable for the violation and their legal representative, defender;

2. are personally, directly or indirectly interested in the resolution of the case.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

16. Upon detection by the Chairman of the Commission during the preparation for the consideration of a violation case of deficiencies associated with incorrect (erroneous) compilation of the protocol and/or deficiencies in the оформлением of other materials necessary for the consideration of a violation case, the Authorized Subdivision must eliminate all identified deficiencies in the protocol and/or other case materials within a period of no more than three days from the day of receipt of the materials from the Chairman of the Commission. The Authorized Subdivision must re-send the protocol and other case materials to the Chairman of the Commission within one day from the day of eliminating the deficiencies in the protocol and other case materials.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3. December 15, 2021 No. 2021-P-02/70-4)

17. Proceedings on a violation case are suspended in the presence of grounds provided for by the Code on Administrative Offenses. The Commission issues a ruling on the suspension of proceedings on the case (Appendix 10).

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

17-1. Proceedings on a violation case are resumed after the grounds for suspension have ceased to exist. The Commission issues a ruling on the resumption of proceedings on the case (Appendix 10-1).

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

4. Procedure for the consideration of a violation case

5. A violation case is considered within a ten-day period from the day the Commission receives the case materials.

A physical person held accountable for committing a violation participates in the consideration of the violation case in person, and a legal person - through a representative, except for cases provided for by the Code on Administrative Offenses.

A violation case may be considered in the absence of the person held accountable for the violation or their legal representative, defender, if they failed to appear at the place of consideration of the case more than twice, provided that they were properly notified of the place and time of the consideration of the case.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

19. The Chairman of the Commission may extend the consideration period by no more than 10 (ten) days in case of receipt of petitions from participants in the proceedings on a violation case (Appendix 13) or in case of the need for additional clarification of circumstances of the case (Appendix 14).

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

20. The Commission, having begun to consider a violation case:

• announces who is considering the case, which case is to be considered, who and on the basis of which article of the Code on Administrative Offenses is held accountable for the violation;
• verifies the appearance of the person held accountable for the violation, as well as other persons participating in the consideration of the case;
• establishes the identity of the participants in the proceedings and checks the powers of the legal representatives of the person, the defender and the authorized representative;
• clarifies the reasons for the non-appearance of participants in the proceedings and makes a decision to consider the case in their absence or to postpone the consideration of the case;
• explains to persons participating in the consideration of the case their rights and obligations;
• resolves the stated recusals and petitions;
• reads out the protocol/ruling on the violation case, and if necessary, other case materials.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

21. When considering a violation case, the Commission, in order to correctly resolve the case, is obliged to clarify:

• whether the violation was committed;
• whether this person is guilty of its commission;
• whether this person is subject to liability for this violation;
• whether there are circumstances mitigating and aggravating liability;
• whether material damage was caused;
• other circumstances of significance for the correct resolution of the case;
• explanations of the person held accountable for the violation are heard, testimony of other persons participating in the proceedings on the violation;
• other evidence is examined.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

22. When considering a violation case, a protocol of the meeting is compulsorily kept, which is signed by all members of the Commission and the secretary of the meeting on the violation case.

The protocol of the consideration of a violation case indicates:

• date and place of consideration of the case;
• surname, first name, patronymic, positions of Commission members;
• which case is being considered;
• information on the appearance of persons participating in the consideration of the case;
• recusals, petitions and results of their resolution (if necessary);
• explanations, testimony, clarifications and conclusions of the corresponding persons participating in the consideration of the case;
• documents examined during the consideration of the case.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

23. The secretary of meetings on the consideration of violation cases:

• is present at the meeting on the case and keeps the protocol of the meeting;
• ensures Commission members with necessary materials on the case of the violation under consideration;
• keeps a registry of rulings on violations, with materials attached to it (violation protocol, meeting protocol, marks on the execution of rulings, etc.).

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

5. Procedure for issuing a ruling on a violation case

6. The Commission, upon completion of the consideration of a violation case, issues a ruling on the case:

• on the imposition of a penalty (Appendix 8);
• on the termination of proceedings on the case (Appendix 7);
• on the accrual of a penalty (late fee) (Appendix 9).

The ruling on a violation case is signed by all members of the Commission who participated in the consideration of the violation case and the secretary of meetings on violation cases.

The ruling is announced immediately upon completion of the consideration of the case and enters into legal force upon the expiration of the term for appeal, if it was not appealed in the established order.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

25. A copy of the ruling on a violation case must be handed over to the person against whom it is issued against a receipt or sent to them within 3 (three) days by mail with notification (a corresponding record is made in the case). In this case, the Authorized Subdivision is responsible for compliance with the order of such notification.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

6. Procedure for appealing a ruling on a violation case

7. A ruling on a violation case may be appealed to the district (city) court.

A complaint against a ruling on a violation case may be filed within 10 (ten) days from the day of handing over a copy of the ruling or receiving it by mail.

In case of missing the specified term for valid reasons, this term is restored by the court upon the application of the person against whom the ruling was issued.

Filing a complaint suspends the execution of the ruling on the imposition of a penalty until the complaint is considered by the court.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

7. Execution of a ruling on the imposition of a penalty

8. The execution of a ruling on the imposition of a penalty is assigned to that Authorized Subdivision of the National Bank that initiated the consideration of the violation case.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

28. The fine must be paid by the violator no later than 30 (thirty) calendar days from the day of handing over to them the ruling on the imposition of the fine.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

29. In case of appealing the ruling on the imposition of a penalty, the penalty must be paid by the violator no later than 15 (fifteen) days from the day of notification of them that the complaint was left without satisfaction.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

30. In case of non-payment within the term established by law voluntarily of the fine for a violation and reaching its maximum size, the accrual of a penalty (late fee) begins.

A penalty (late fee) is a monetary payment calculated as a percentage of the amount of untimely payment of the fine for each day of delay in payment at a rate equal to 1 percent.

The maximum amount of a penalty (late fee) cannot exceed the amount of the fine that was applied to the violator.

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

31. A ruling on the accrual of a penalty (late fee), indicating its amount, as well as the amount of the fine and the total amount to be collected, is sent to the authorized state body for the organization of the activities of bailiffs for the purpose of collection in accordance with the legislation on enforcement proceedings.

A ruling on the accrual of a penalty (late fee) is sent by a letter of the established form (Appendix 11).

(In the edition of the Resolutions of the Board of the NB KR of July 10, 2019 No. 2019-P-12/36-3, December 15, 2021 No. 2021-P-02/70-4)

32. A ruling on the imposition of a fine, for which the collection of the fine has been fully executed, with a mark on execution (if necessary with attachment of documentary confirmation of payment) is returned by the Authorized Subdivision to the secretary of meetings on violation cases for accounting.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

8. Registration of violations and persons who committed them

9. Each case of compiling a violation protocol, including all information on the violation, including information on persons who committed them, is subject to registration by the Authorized Subdivision in the URV.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

34. The basis for registration of violations, persons who committed them, as well as applied penalties and additional legal consequences is the statement, protocol and ruling on a violation, compiled in accordance with the Code on Administrative Offenses.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

35. Registration of information on a violation is carried out by persons having the corresponding access to the URV.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

36. Registration of a violation in the URV must be carried out no later than 48 hours from the moment of compiling the violation protocol in accordance with the Code on Administrative Offenses.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

37. The Authorized Subdivision enters further results of the consideration of a violation case into the URV immediately.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

38. The Authorized Subdivision is responsible for the accuracy, timeliness and completeness of information entered into the URV.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

39. Data contained in the URV are subject to protection in accordance with the legislation of the Kyrgyz Republic in the sphere of state secrets, as well as in the sphere of collection, processing and use of personal data.

(In the edition of the Resolution of the Board of the NB KR of December 15, 2021 No. 2021-P-02/70-4)

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