Corruption in the Kyrgyz Republic is widely regarded as the key obstacle for doing business. Desiring to improve this situation, in November 2013, the President of the Kyrgyz Republic issued a decree on measures for elimination of political and systemic corruption in the state authorities, whereby an institute of Business Ombudsman (BOI) was envisaged to protect the rights of businessmen. The commitment of the authorities to form a third-party recourse mechanism for businesses against the abuse of state power was renewed in 2016 with the issuance by the Parliament of the decree on attracting and protecting of investment which emphasised the importance of establishment of the BOI. The Government stakeholders, having heard of the EBRD experience in establishing the BOI in Ukraine, approached the EBRD for assistance.
In April 2017 the EBRD organised a study visit of a focused group of stakeholders out of the prominent business associations, the Government representatives and the Investment Council Secretariat to the Ukrainian BOI. Upon return, the group started sharing the experience with the wider stakeholder community in the KR to prepare for the establishment of the BOI.
In June 2018, the Investment Council chaired by the Prime-Minister instructed the Ministry of Economy to develop a decree on the BOI in the Kyrgyz Republic. The Ministry of Economy put together a working group of the key business associations and the Government stakeholders and with the EBRD support, started working on the draft Government decree establishing BOI.
The proposed model is in line with the EBRD-supported principles for a BOI, including: independence; ability to influence; accountability; professionalism, integrity and efficiency.
The proposed technical cooperation project envisages the following technical cooperation activities:
A. Start-up period
(1) Project design, planning and coordination of the Ombudsman and Deputies’ recruitment process; the preparation of the BOI statute and key procedures among all key parties. This stage also includes integrity investigations on specific candidates and legal advice in connection with the establishment and legal structure of the BOI;
(2) Physical establishment of the BOI including finding, renting and equipping the BOI;
(3) Identifying and mobilising professional and support staff and commencing operations.
B. Initial operational period
(1) Financing and providing support for the operational activities of the BOI;
(2) Drafting of the implementing rules and procedures relating to BOI’s governance, duties and responsibilities, rules for investigations etc. to be approved by the BOI Supervisory Board;
(3) Launching a media campaign including a BOI webpage, to help raising public awareness of the BOI and its activities.
(4) Carrying out the functions of the BOI as per rules of procedures and mandate as approved by the BOI Supervisory Board.
Any competitive selections for business opportunities relating to this project will be published on the EBRD's website: Consultancy Procurement Opportunities.
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