A draft regulation on media registration has been developed

The Ministry of Justice has initiated a project concerning the procedure for the registration of mass media in Kyrgyzstan. The document proposed for approval has already been published for discussion.

General Provisions

This project defines the rules regarding the state registration and re-registration of mass media, as well as their termination in the territory of Kyrgyzstan.

All mass media must be registered in accordance with this regulation.

The objectives of registration include:

confirmation of the fact of registration and making changes to the mass media register;
accounting for registered, re-registered, and terminating mass media;
maintaining an electronic register of mass media;
providing information about registered or terminated mass media to interested parties.

Registration is carried out by the authorized body appointed by the Cabinet of Ministers through territorial bodies, regardless of the legal address of the mass media.

The establishment of mass media can be carried out by both individuals and legal entities in accordance with the legislation of Kyrgyzstan.

Procedure for Registering Mass Media

The applicant must submit documents to the registering authority for the registration of mass media.

Registration can be performed in electronic form according to the rules established by the Cabinet of Ministers.

The applicants may include:

founders of mass media, both individuals and legal entities;
the head of the mass media;
the liquidator in the event of the termination of the mass media's activities;
other persons acting on the basis of a power of attorney.

Before submitting documents, the applicant is required to check the uniqueness of the trademark name through the open electronic register available on the website of the registering authority.

The applicant may also request a preliminary check of the trademark name with the registering authority.

The registering authority must verify that the trademark name does not contain prohibited religious terminology, according to the list approved by the Cabinet of Ministers.

The trademark name of the mass media must use letters from the Kyrgyz and Russian alphabets, and for English, the Latin alphabet.

The registration application must be signed by the applicant. The form and content of the application are determined by the registering authority.

Documents must be submitted in the state or official language.

The registering authority is responsible for accounting and storing the submitted documents.

Following the verification of documents, the registering authority issues a certificate of state registration in electronic form. If necessary, the certificate may be sent to the specified email address of the applicant.

The certificate and the extract from the register are recognized by all state and municipal authorities.

Mass media have the right to use seals and stamps with the full trademark name in official languages and other details established by law.

The registration of the termination of mass media activities is carried out within five working days.

The registration period begins from the moment the application is submitted.

A fee is charged for registration in accordance with the legislation on non-tax revenues.

Copies of registration files are provided to interested parties within five working days.

The data of the electronic register of mass media is publicly accessible.

State Registration on the "One-Stop Shop" Principle

The process of state registration is carried out on the "one-stop shop" principle.

This principle includes:

state registration with simultaneous registration with the tax authority and other services;
entry of registration data into the state register with the assignment of a registration number and TIN;
issuance of a registration certificate with the assignment of all necessary numbers.

The Cabinet of Ministers determines the procedure for interaction between the registering authority and other state institutions to ensure registration on the "one-stop shop" principle.

Documents for State Registration of Mass Media

For state registration, the following documents must be submitted:

application in the established form;
decision of the founders on the establishment of mass media;
document confirming the payment of the registration fee;
list of founders with the necessary information;
copies of the founders' passports;
other documents provided for in the regulation.

The decision of the founders must contain information about the name, founders, type of mass media, domain name, and location of the editorial office.

From the moment the application is submitted, the registering authority is obliged to:

check the documents for compliance with the legislation;
verify the existence and accuracy of the information;
if necessary, prepare drafts of founding documents;
issue an order for registration.

After issuing the order, the registering authority must enter the data into the register and provide the certificate to the applicant, as well as prepare the registration file for the archive.

The date of registration is considered the date of issuance of the order.

Founding documents are sealed with the stamp of the registering authority after registration.

Re-registration of Mass Media

Mass media are required to undergo the re-registration procedure in the following cases:

change in the composition of founders;
change of name or language of publication;
change of location of the editorial office;
change of domain name.

The re-registration procedure is similar to the initial registration.

An individual leaving the composition of founders submits a resignation letter with a notarized signature.

A legal entity submits a resignation letter signed by the head and certified by a seal or notarized.

When re-registering with a new founder, a decision on their introduction must be provided.

Termination of Mass Media Activities

The activities of mass media may be terminated by the decision of the founder or the court.

The basis for judicial termination is repeated violations of the legislation by the editorial office.

To register the termination of activities, the following documents must be submitted:

application in the established form;
decision on liquidation;
registration certificate;
document confirming the payment of the fee;
act of acceptance-transfer of the seal;
decision on the liquidation balance;
conclusion of the archive on the storage of documents;
other documents specified in the regulation.

The registering authority, after issuing the order for termination, is obliged to enter the data into the register and issue a copy of the order.

The registration file is transferred to the archive in electronic format.

The date of termination of activities is considered the date of issuance of the order.

Forced Liquidation of Legal Entities

Tax authorities may apply to the court with a request for the forced termination of the activities of a legal entity for failure to submit reports for a year.

The court's decision on termination serves as the basis for the order for registration of termination.

Refusal of Registration and Termination of Mass Media Activities

Refusal of registration may occur in the following cases:

if the application is submitted on behalf of a person not entitled to establish mass media;
the presence of a similar name in the register;
use of prohibited religious terms;
inaccuracies in the submitted documents;
non-compliance with legislation;
discriminatory elements in the name;
non-payment of the state fee;
the presence of prohibitive court acts;
participants in the lists of wanted persons.

The refusal decision must indicate the law.

The refusal can be appealed in accordance with the legislation.

The applicant may reapply after eliminating the reasons for the refusal.

Responsibility for Violations

For failure to submit or timely submit information, as well as for providing false information, liability is provided in accordance with the Code of Offenses.

Electronic Register of Mass Media

The registering authority maintains an electronic state register of mass media containing information about registered and terminated mass media.

The procedure for maintaining the register is established by the registering authority.

Information about mass media in the register confirms their registration.

The register contains the following information:

name in state and official languages;
date and number of registration;
date of primary registration;
organizational and legal form;
type of mass media;
method of formation;
legal address;
contact information;
information about founders;
information about liquidation;
data about the head.

The data of the register is open to the public.

Information may be provided to interested parties in the form of an extract within the established timeframes.

A fee is charged for urgent provision of data.

Information is provided free of charge to state institutions.

The amount of the fee for providing data is determined by legislation.