The updated resolution was approved on February 13, 2026, under number 100 and published in the newspaper "Erkin Too" on February 17, 2026, number 11.
The key change was the clarification of the role of the authorized body. The new document uses the term "authorized state body," which refers to the institution responsible for the formation and implementation of state investment policy.
Throughout the text of the document, the phrase "authorized body in the field of attracting and protecting investments" has been replaced with "authorized state body."
The principles for processing complaints have also been revised: they are now based on the principles of the rule of law, adherence to legal procedures, as well as objectivity, impartiality, completeness, and effectiveness.
Now, state bodies and local self-governments are required to post information on their websites and other online resources about the possibility for investors to submit complaints.
Furthermore, it has been established that all stakeholders must respond promptly to requests from the authorized state body, provide necessary data, and participate in the complaint consideration process.
A complaint is submitted by the investor to the authorized state body. The authorized body may also identify complaints during its work on protecting and supporting investors. Complaints can be submitted at any stage before going to court, arbitration, or international arbitration.
An important stage is the analytical work: after entering information into the Register, the authorized body conducts an analysis of possible economic risks for Kyrgyzstan in the event that the complaint remains unresolved, as well as an assessment of potential violations of international law or national legislation. The new edition includes an appendix with a form for such analysis; the previous appendix 2 has been rendered void. Some points (point 17 and point 25) have also been excluded.
The period within which the subject of the complaint must provide its position is 7 working days from the date of receipt of the letter from the authorized state body.
The resolution comes into force 15 days after its official publication.
Procedure for Considering Investor Complaints and Their Support
PROCEDURE
for considering investor complaints and their support
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
Chapter 1. General Provisions
1. This Procedure for Considering Investor Complaints and Their Support (hereinafter referred to as the Procedure) has been developed to implement the Law of the Kyrgyz Republic "On Investments in the Kyrgyz Republic" and aims to protect the rights of investors.
2. The main objectives of this Procedure are:
1) to create a register of investor complaints;
2) to provide support to investors in resolving issues arising from interactions with state bodies and local self-governments, as well as in resolving disputes with business partnerships and companies with a controlling state share;
3) to minimize economic and legal consequences for the Kyrgyz Republic;
4) to reduce the risks of litigation and arbitration disputes with investors;
5) to assist investors in preserving and increasing their investments in Kyrgyzstan;
6) to enhance the attractiveness of the Kyrgyz Republic for investments.
(As amended by the resolution of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239)
3. The main terms used in this Procedure:
1) subjects of complaints - state bodies, local self-government bodies, business partnerships and companies with a controlling state share, as well as state and municipal enterprises;
2) authorized state body - the body responsible for developing and implementing state investment policy;
3) complaint - an appeal by investors to the authorized state body requesting assistance in restoring violated rights and legitimate interests;
4) register of complaints - a system for accounting complaints containing information about the investor and their complaint.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
4. The consideration of investor complaints and their support is based on the following principles:
1) the rule of law and adherence to legal procedures;
2) objectivity;
3) impartiality;
4) completeness;
5) effectiveness.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
5. The process of considering complaints is carried out by the authorized state body in close cooperation with state bodies, local self-governments, business partnerships, and state-owned enterprises, as well as independent institutions for the protection of investors' rights.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
5-1. State bodies and local self-governments are required to post information on their websites about the possibility for investors to submit complaints in accordance with this Procedure.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
6. The authorized state body performs the following functions within the framework of the mechanism for considering investor complaints:
1) maintains the Register of complaints and monitors the process of their resolution;
2) conducts economic and legal analysis of the information contained in the complaints;
3) collaborates with subjects of complaints for their resolution;
4) holds meetings with investors for a detailed analysis of complaints;
5) informs the Cabinet of Ministers of the Kyrgyz Republic about possible risks of arbitration disputes;
6) interacts with the prosecutor's office to identify possible violations of legislation;
7) provides further support to investors registered in the Register;
8) sends information about the results of complaint consideration to the Cabinet of Ministers of the Kyrgyz Republic at the end of the half-year.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
7. Stakeholders must respond promptly to requests from the authorized state body, provide necessary information, and participate in the consideration of the complaint.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
Chapter 2. Procedure for Registering and Supporting a Complaint
8. A complaint regarding disputes is submitted to the authorized state body by the investor themselves.
Complaints may also be identified by the authorized state body during its work on protecting investors.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
9. Complaints can be submitted at any stage, up to going to court, arbitration, or international arbitration.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
10. A complaint may be submitted by email or in written form. The investor must indicate the name of the state body to which the complaint is directed, their full name (if available), and the name of the legal entity if the complaint is submitted on behalf of a legal entity, as well as a mailing address for a response. The written complaint must be signed and dated.
The complaint may also be presented during a personal meeting with representatives of the authorized body.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
11. All incoming complaints are registered in the Register with the date and registration number.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
12. Each complaint is assigned a responsible specialist, whose details are recorded in the Register.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
13. A complaint is considered within 14 working days, and if the subject of the complaint is a local self-government body, the period may be extended, but not more than 30 calendar days.
14. From the moment of registration of the complaint, the responsible specialist must contact the investor to clarify the details.
15. Information collection is carried out orally based on established questions. The maintenance of the Register must comply with the legislation of the Kyrgyz Republic on the protection of personal data.
Access to the data of the Register is granted to the authorized body for attracting and protecting investments.
Disclosure of data is possible only with the written consent of the investor.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
16. After collecting data and entering it into the Register, the authorized body conducts an analysis of possible economic risks for the Kyrgyz Republic associated with unresolved complaints, as well as identifies possible violations of legislation.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
17. (Void according to the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
18. If the analysis confirms the validity of the complaint, the authorized body sends a letter to the subject of the complaint outlining the claims and recommendations, and also notifies the investor about this.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
19. The subject of the complaint must present their position within 7 working days from the date of receipt of the letter.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
20. After receiving the position of the subject of the complaint, the authorized body organizes a meeting with the investor and the involved party to seek a solution.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
21. If, during the work on the complaint, the parties reach an agreement, the authorized body formalizes an agreement on the resolution of the complaint, signed by both parties.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
22. If the measures do not yield results, the authorized body must inform the Cabinet of Ministers about possible risks associated with the complaint for further resolution.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
23. All actions taken to resolve the complaint must be recorded in the Register according to the established form.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
23-1. The investor has the right at any stage to request the suspension of the consideration of the complaint.
The authorized body must contact the investor within 30 days to clarify the status with the information recorded in the Register.
Resumption of consideration is possible within 6 months from the moment of suspension, provided that no new circumstances arise. Otherwise, a new complaint must be submitted.
If the investor does not request resumption within 6 months, the complaint is considered closed.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
23-2. The investor may also request the termination of the consideration of the complaint at any time.
(As amended by the resolution of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239)
Chapter 3. Additional Support for the Investor Who Submitted a Complaint
24. The authorized body continues to support investors registered in the Register, regardless of the results of the complaint consideration.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
25. (Void according to the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
26. Support is provided in the following forms:
1) sending inquiries to investors via email or phone about possible issues;
2) conducting round tables, working meetings, or conferences;
3) organizing bilateral and multilateral meetings to improve the legislation of the Kyrgyz Republic.
(As amended by the resolution of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239)
27. To minimize disputes between investors and potential subjects of complaints, the authorized body is required to:
1) conduct joint events with state bodies on issues of interaction with investors and risks;
2) publish consolidated information about complaints on its website annually without disclosing confidential information;
3) organize training events for investors on mechanisms for protecting their rights;
4) send information about the results of complaint consideration to the Cabinet of Ministers every half-year.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
Chapter 4. Interaction with Local Self-Government Bodies
28. If the authorized body cannot organize work with local bodies due to their remoteness, it seeks support from the authorized representatives of the President of the Kyrgyz Republic.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
29. Information is exchanged based on official requests.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
30. The request must be made in writing, specifying the specific purposes and brief information about the complaint.
31. Authorized representatives must ensure confidentiality and protection of information.
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
32. Following the consideration of the request, authorized representatives are required to:
1) contact the involved local self-government body and provide information for resolving the complaint;
2) organize a meeting with the representative of the local body and the investor;
3) inform the authorized body about the results of the work.
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
Appendix 1
to the Procedure for Considering Investor Complaints and Their Support
ANALYSIS
of investor complaint No. _____
(As amended by the resolution of the Cabinet of Ministers of the KR dated February 13, 2026, No. 100)
1. General information about the investment project:
1) project name:
__________________________________________________________________________;
2) full name of the investor (name of the legal entity):
__________________________________________________________________________
3) description of the complaint:
__________________________________________________________________________
2. Analysis of the economic impact on investment activities:
1) amount of the investment project affected by the complaint:
_________________________________________________________________________;
2) number of jobs in this investment project:
_________________________________________________________________________.
3. Costs related to the investment project:
1) amount of investments made:
_________________________________________________________________________;
2. Approximate losses of the investor associated with this complaint,
expressed in additional time costs for personnel and
involved intermediaries, increased administrative and related
expenses, as well as in lost income due to delays in the implementation
of investment decisions and operations:
_________________________________________________________________________.
4. Other information:
_________________________________________________________________________.
5. Conclusions about possible economic risks for the Kyrgyz Republic:
_________________________________________________________________________.
6. Legal analysis of the impact of the complaint on investment activities:
1) it is necessary to indicate whether the complaint is considered unfounded after
studying the facts in light of the obligations undertaken by the Kyrgyz Republic
under international law
_________________________________________________________________________;
2) if the complaint is recognized as valid, it is necessary to indicate the norms
of the Constitution of the Kyrgyz Republic, civil and administrative
legislation, investment legislation, public
service legislation, and anti-corruption legislation that were affected
_________________________________________________________________________;
3) if the complaint is recognized as valid, it is necessary to indicate
the obligations of the Kyrgyz Republic that were affected.
c national treatment (NT)/most-favored-nation treatment (MFN);
c fair and equitable treatment (FET)/full protection and
security (FPS);
c protection against unlawful expropriation;
c right to transfer funds and assets;
c "umbrella" clause(1).
7. General recommendations following the consideration of the complaint:
c send the complaint to a higher authority;
c resolve this complaint as soon as possible.
Note: This analysis is indicative, and nothing in this
analysis may be interpreted as an acknowledgment by the Kyrgyz Republic
of any factual liability under international law.
Head of the National Agency
for Investments under the President
of the Kyrgyz Republic
_______________________________".
Appendix 3
to the Procedure for Considering Investor Complaints and Their Support
Form
AGREEMENT
on the resolution of investor complaint No. ________
(As amended by the resolutions of the Cabinet of Ministers of the KR dated May 10, 2024, No. 239, February 13, 2026, No. 100)
To the authorized state body, a letter with incoming No. ______
from ________________________ (or by email) has been received regarding the complaint of the investor related to
_________________________________________________________________________________________
1. General information about the investor's complaint
1) Basic information about the investor:
Investor's name ____________________________________________________________________________
Address: ___________________________________________________________________________________
Date of registration in the Kyrgyz Republic: ___________________________________________________
Location of the investment project related to the submitted complaint:
_________________________________________________________________________________________
2) Description of the investor's complaint
Date of occurrence of the complaint: ________________________________________________________________
Description of the complaint: ___________________________________________________________________
_________________________________________________________________________________________
2. Processing and support of the complaint
After receiving the investor's complaint, the authorized state body
conducted a study of the provided information, a preliminary economic and
legal analysis, and also contacted the investor for a more detailed clarification
of the investor's position regarding the complaint. After the work carried out, the following was determined:
Investor's position on the complaint:
Position No. 1: ______________________________________________________________________________
Position No. 2: ______________________________________________________________________________
Position No. 3: ______________________________________________________________________________
Position of the involved subjects of the complaint:
Position No. 1: ______________________________________________________________________________
Position No. 2: ______________________________________________________________________________
Position No. 3: ______________________________________________________________________________
Position of the authorized state body:
Economic consequences
Impact on the current activities of the investor:
__________________________________________________________________________________________
__________________________________________________________________________________________
Impact on the investor's future investment expansion plans in the Kyrgyz Republic:
__________________________________________________________________________________________
Impact on jobs in the current investment project:
__________________________________________________________________________________________
Impact on jobs within the investor's future investment expansion plans in
the Kyrgyz Republic:
__________________________________________________________________________________________
Impact on the image of the investment environment in the Kyrgyz Republic for investors, including
foreign investors and local investors:
__________________________________________________________________________________________
Estimated costs if the complaint remains unresolved:
__________________________________________________________________________________________
Legal consequences
Relevant international investment agreement (including bilateral
investment agreements - if any):
__________________________________________________________________________________________
Relevant norms of the legislation of the Kyrgyz Republic:
__________________________________________________________________________________________
Legal issues potentially arising from the complaint:
__________________________________________________________________________________________
Risk of litigation against the Kyrgyz Republic (if any):
__________________________________________________________________________________________
As a result of the work carried out to support the complaint, the investor and the subject of the complaint
reached the following agreed decision:
__________________________________________________________________________________________
__________________________________________________________________________________________
Full name of the responsible specialist (signature)
Full name of the authorized representative of the investor _________________________________ (signature)
Full name of the authorized representative of the subject of the complaint ____________________________ (signature)
