Law of the Kyrgyz Republic on state statistics

 

THE LAW OF THE KYRGYZ REPUBLIC

 

On State Statistics

 

     Purpose of the present Law is to lay the legal basis for implementation of the uniform state policy in the field of official statistical recording directed on provision of full, reliable, scientifically based and timely official statistical information on social, economic, demographic and ecological situation of the Kyrgyz Republic.

 

 

Section I

General Provisions

 

            Article 1. Basic concepts used in the present Law

 

            For the purposes of this Law the following basic concepts are used:

            State statistics - the centralized system of the statistical data collection, processing, analysis, distribution, storage, protection and use;

            State statistical activity – the cumulative action related to carrying out the state statistical observations, the state statistics management and recording, and development, updating and use of statistical methodology;

            System of state statistics – a block of primary statistical and administrative data received from respondents and official information produced by the official statistical service subjects making part of the national information resources, and also statistical methodology and information technologies, providing the official statistical recording in accordance with the legislation of the Kyrgyz Republic;

            Official statistical recording - the state activity on formation of the official statistical information on social, economic, demographic and ecological situation in the Kyrgyz Republic and its furnishing to users  (dissemination);

            Official statistical information - summary (aggregated) documentary information on the quantitative aspect of mass social, economic, demographic and ecological developments in the Kyrgyz Republic and its regions produced by the official statistical service subjects based on official statistical methodology;

            Formation of the official statistical information – an information and analytical process including conducting of statistical observations and data processing obtained as a result of the observations to produce the official statistical information;

            The official statistical service subjects - bodies of public administration and local self-government responsible for the official statistical information formation in the established area of activity according to the legislation of the Kyrgyz Republic;

            Statistical observation – collection of primary statistical and administrative data by the official statistical service subjects;

            A statistical observation form - a statistical document layout key (a form, a questionnaire, a checklist) on material or electronic carrier designed for obtaining of primary statistical data based on the statistical methodology in the established order;

            Official statistical methodology – a set of scientifically based methods, techniques and rules applied at formation of the official statistical information;

            Respondents - bodies of public administration and local self-government; legal entities, their subsidiaries, branches, representative offices and other separate structural divisions, including foreign entities located in territory of the Kyrgyz Republic; natural persons staying in the Kyrgyz Republic irrespective of their citizenship, or a cumulative group of such persons;

            Primary statistical data - the documentary information about quantitative and qualitative characteristics of developments and processes presented by respondents, or similar information documented directly in the course of statistical observations by authorized persons of the state statistics subjects;

            Administrative data - the data obtained on the basis of observations carried out by authorities and public administration bodies (except for bodies of the state statistics), bodies of local self-government and other legal persons in conformity with the law and with the purpose of administrative duties and tasks performance assigned to their competence;

            Reporting and statistical documentation - reporting forms and layout keys, checklists, census (polling) questionnaires, other statistical forms necessary for carrying out statistical observations;

            Confidential information - statistical information pertaining to the restricted access information and which is owned, used or disposed by a certain respondent, and which is disseminated solely with his consent or according to agreed upon with him terms;

            User - a legal entity or natural person consuming statistical information.

 

Article 2. Legislation of the Kyrgyz Republic in the field of the state statistics

 

            The legislation of the Kyrgyz Republic on the state statistics is based on the Constitution of the Kyrgyz Republic and consists of the present Law, other laws and statutory legal acts of the Kyrgyz Republic regulating relations in the field of the state statistics, and the international agreements of the Kyrgyz Republic in the area of statistics.

            If international contracts and agreements, enacted in the established order and to which the Kyrgyz Republic is signatory, stipulate rules different from those contained in legislation of the Kyrgyz Republic then the rules of international agreements shall be applied

.

Article 3. Force of the Law on the state statistics

 

       The present Law defines main principles of establishing, collecting, processing, storing, analyzing, summarizing, presenting and publishing the data on the mass events and processes taking place in economic, demographic, ecological and social spheres of the country and is obligatory for all governmental bodies and local self-government, enterprises, agencies, organizations irrespective of their ownership form and legal and organizational structure, their departmental subordination and location point, as well as natural persons.

 

Article 4. State policy of the Kyrgyz Republic in statistics

 

State policy in statistics as a component part of social and economic policy of the Kyrgyz Republic is aimed at provision of statistical information based on the uniform scientifically-based methodology, its comparability with international statistics to satisfy the needs of all administrative bodies and economic entites, mass media and general public in necessary data characterizing the state and trends of the national economy development, economic relations at all levels, structural changes and productive efficiency, and economic, demographic, ecological and social policy implementation.

The Government shall establish a uniform system of primary recording and statistics manage the system, define contents and nature of the statistical activity throughout the entire territory of the country.

            The State Council for Statistics shall be established with the purpose of exercising control over realization of the state policy in the field of statistics, ensuring the coordinated decision-making in this sphere, providing support to the state statistical services.

            The State Council for Statistics shall be a collective deliberative organ functioning on a voluntary basis.

            The President of the Kyrgyz Republic shall approve the membership structure and Regulations on the State Council for Statistics.

 

Article 5.  Basic requirements set for the state statistics

 

The governmental bodies and local self-government providing the official statistical service shall be obliged to present the following:

  • reliability, integrity, completeness and timeliness of the official statistical information;
  • rational selection of the data source for the official statistical information production with account of its reliability, integrity, completeness and timeliness, including the respondents’ burden minimization;
  • application of the scientifically-based statistical methodology meeting the requirements of international standards and principles of the official statistics, legislation of the Kyrgyz Republic;
  • accessibility and openness of the official statistical information as well as of the applied statistical methodology within the limits established by legislation of the Kyrgyz Republic;
  • confidentiality of primary statistical data in the course of their collection, generalization and use for purposes of the official statistical information compilation;
  • use of the uniform standards in application of information technologies and state classifiers of technical and economic and social information, their comparability and interaction in the integrated information space of the Kyrgyz Republic;
  • conformity of the statistical indicators to the internationally-accepted standards;
  • integrity and safety of the official statistical information.

 

Section II

The State Statistical Activity

 

Article 6. Basic regulations on carrying out the state statistical activity

 

            The state statistical activity is carried out by bodies of the state statistics in compliance with legislation of the Kyrgyz Republic and tasks assigned to their competence based on professional autonomy and independence principles.

            Interference of administrative and local self-government bodies, public civil associations, officials and other persons in the state statistical activity shall be inadmissible.

 

Article 7. Sources of the statistical information

 

            With the purpose of the official statistical information generation the bodies of the state statistics can use the following sources of information:

 

  • Primary statistical data on the respondents subject to the statistical observation;
  • Administrative data of administrative and local self-government bodies, other legal entities;
  • Banking and financial statistics, statistics of the balance of payments;
  • Statistical information of international organizations and statistical services of other countries;
  • Estimates and calculations made on the basis of above stated data.

 

Bodies of the state statistics shall opt for the statistical information source selection independently at taking into account the information quality and timeliness of its presentation, costs of the data collection and manipulation, and also duties of the respondents arising in this relation.

 

Article 8. The state statistical observations

 

            Bodies of the state statistics shall carry out the state statistical observations by means of collecting the statistical reporting, carrying out single recording, censuses, polls, sampling and other surveys.

The state statistical observations may be of complete nature when the observation will cover all units of the whole array, and they may be sampling ones when selected units of the examined array will be under observation. 

Bodies of the state statistics shall conduct statistical observations in accordance with the Program of statistical works approved by the Government of the Kyrgyz Republic, or based on separate decisions of the Government of the Kyrgyz Republic.

 

Employees of enterprises, agencies and organizations located in the Kyrgyz Republic may be recruited on a contractual basis for conducting large and particularly important state statistical observations (census).

The state statistical observations depending on the indicator range may be nation-wide, within the industry, departmental and territorial, as well as sectoral (by certain sectors of economy). 

Statistical observations including data on race, religion, political views and violating privacy of citizens shall be prohibited.

            Bodies of the state statistics can carry out (non-state) statistical observations including services on the paid basis in the order established by legislation of the Kyrgyz Republic.

 

Article 9. The uniform state register of statistical units

 

            The Uniform State Register of statistical units of the Kyrgyz Republic shall serve as a basis for the state statistical observation performance which represents a system of data collection, accumulation and processing on legal entities, their subsidiaries, branches, representative offices and other separate structural divisions located in the Kyrgyz Republic; and also on legal entities their subsidiaries, branches, representative offices and other separate structural divisions located outside the Kyrgyz Republic and founded with participation of legal entities and natural persons of the Kyrgyz Republic.

Regulations on the Uniform State Register of statistical units of the Kyrgyz Republic shall be approved by the Government of the Kyrgyz Republic. Creation and record keeping of the Uniform State Register of statistical units of the Kyrgyz Republic, development of organizational and methodological basics of its operations shall be carried out by bodies of state statistics.

            Economic entities failing to pass registration with the Uniform State Register of statistical units of the Kyrgyz Republic and to obtain a corresponding identification code on the basis of the Uniform classifier of enterprises and organizations shall not be allowed to open bank accounts and carry out banking financial operations.

 

Section III

Bodies of the state statistics

 

            Article 10. System of the state statistics bodies of the Kyrgyz Republic

 

            The system of the state statistics bodies of the Kyrgyz Republic shall consist of:

 

The National Statistical Committee of the Kyrgyz Republic;

Territorial bodies of the state statistics created by the National Statistical Committee of the Kyrgyz Republic in oblasts, cities and rayons and subordinated to it;

Subordinated bodies of the state statistics - enterprises, organizations and institutions created and managed by the National Statistical Committee of the Kyrgyz Republic in conformity to legislation of the Kyrgyz Republic with the object of its functional duties performance.

National Statistical Committee of the Kyrgyz Republic is accountable for the President of the Kyrgyz Republic and functions based on the Constitution of the Kyrgyz Republic, legislation of the Kyrgyz Republic and provision, which is approved by the President of the Kyrgyz Republic.

 

 

            Article 11. Major objectives of the state statistical bodies

 

            Major objectives of the state statistical bodies shall be:

 

  • Implementation of policy of the state in the field of statistics;
  • Collection, processing, analysis and dissemination of statistical information on mass economic, social, demographic, ecological effects and processes occurred in the Kyrgyz Republic and its regions;
  • Quality assurance  and timeliness of the statistical information;
  • Providing accessibility and openness of the statistical information, its sources and applied compiling methodology;
  • Development, updating and introduction of the scientifically-based methodology;
  • Ensuring development, updating and introduction of the unified classification and coding system for technical and economic and social information used in conducting the statistical observations, creation and record keeping of the Uniform State Register of statistical units of the Kyrgyz Republic;
  • Coordination of actions of administrative and self-government bodies and other legal entities regarding issues of the administrative data collection and use arrangements;
  • Ensuring interaction of the state statistical information system with information systems of administrative and self-government bodies, international organizations and statistical services of other countries;
  • Introduction of high technologies in the statistical information processing;
  • Providing the statistical information reliable safety and storing.

 

 

     Article 12. Basic rights of the state statistical bodies

 

     Bodies of the state statistics shall have the right to:

 

  • Take decisions within the limits of their competence on the issues of statistics, recording and reporting obligatory for execution by all subjects to which the force of legislation on state statistics of the Kyrgyz Republic shall apply;
  • Obtain statistical data and bookkeeping reports free of charge from all respondents including central and local bodies of executive power, local self-government bodies, banks and natural persons subject to the statistical observations as well as other information required for conducting statistical observations including the restricted-access information which will be obtained in compliance with provisions of legislation of the Kyrgyz Republic along with enclosed explanations to them in the order and terms stipulated by the National Statistical Committee of the Kyrgyz Republic;
  • Examine the status of primary record keeping and statistical data, to conduct on-site checks of the statistical data reliability submitted by respondents;
  • Require from respondents to introduce corrections in statistical reporting, other statistical data cards in case of detecting the statistical data distortion. As the statistical reporting distortion shall be considered the data which are overvalued (undervalued), and also errors committed due to ignorance of the record keeping and its methodology. In case of such requirement non-fulfillment in stipulated terms, the state statistical bodies can introduce necessary corrections independently at sending the follow-up notice to respondents;
  • Get involved the corresponding bodies of executive power in the established order in development of the state classifiers of technical and economic and social information;
  • Develop and approve the state classifiers;
  • Carry out cooperation with the international organizations and statistical offices of other countries;
  • Consider cases on administrative offense and to impose official reprimands and fines in accordance with legislation of the Kyrgyz Republic on administrative responsibility;
  • Conduct statistical observations and to render services on a paid basis, to provide commentary on incorrect use or wrong interpretation of the statistical information.

 

     Article 13. Basic responsibilities of the state statistical bodies

 

     Bodies of the state statistics shall be obliged:

    

  • To organize and carry out statistical observations of economic, social and demographic processes, ecological situation in the republic and its regions;
  • To provide authorities and local self-government bodies with the statistical information in volumes, froms and terms specified by the Program of statistical works or based on separate decisions of the Government of the Kyrgyz Republic;
  • To provide dissemination of the statistical information, to publish in line with the Program of statistical works compiled statistics, publications, bulletins, reviews, express information and so on, to hold press conferences;
  • To develop and approve the statistical methodology and reporting statistical documentation for the statistical observations, and also standard forms of primary registration documentation;
  • To provide respondents with the reporting  and statistical documentation in line with the Program of statistical works;
  • To ensure recordkeeping of the Uniform State Register of statistical units and designation of identification codes to economic entities;
  • To provide development and improvement of the statistical information collection and processing techniques;
  • To provide accumulation, storage and protection of the statistical information, observance of its confidentiality;
  • To carry out international and inter-regional statistical data comparisons, to bring international statistical standards and recommendations in common practice;
  • To provide international organizations with statistical information and to exchange the statistical information with statistical offices of other countries provide in accordance with international obligations of the Kyrgyz Republic;
  • To take up obligations on keeping the State secret and to bear personal responsibility for its disclosure in accordance with legislation of the Kyrgyz Republic.

 

             Article 14. Planning of statistical works and financing of activity of the state statistical bodies

 

            With the purpose of providing the state and the society with the statistical information the National Statistical Committee of the Kyrgyz Republic jointly with the central authorities and other concerned bodies shall develop annually the Program of statistical works.

            The Government of the Kyrgyz Republic shall approve the Program of statistical works, which will be implemented from the state budget funds.

            The statistical observations not included in the Program of statistical works shall be carried out at availability of sources of additional finance or from means of customers of these observations.

            Bodies of the state statistics shall be maintained by the republican budget.

            Other means not forbidden by the legislation of the Kyrgyz Republic can be used for development of the state statistical bodies.

 

            Article 15. Relations of the state statistical bodies with administrative and local self-government bodies

 

       Ministries, state committees, administrative departments, other governmental bodies, local state administrations and local self-government bodies may carry out the state statistical observations and collect the statistical data.

Herewith, the reporting documentation methodology and forms relating to the administrative data collection and use shall be subject to obligatory agreement with the state statistical bodies.

The administrative data obtained by the stated bodies shall be submitted free of charge to the state statistical bodies.

Appointment and removal from office of heads of oblast, city and rayon state statistical bodies shall be carried out without agreement with heads of local state administrations and local self-government bodies.

                             

 

 

 

Section IV

Provision, distribution, use and storing of the statistical information

 

            Article 16. Provision of primary statistical data

 

            Respondents shall be obliged to present primary statistical data stipulated by the reporting and

statistical documentation gratuitously to the state statistical bodies.

            Structure, volumes and methodology of the indicator calculations, addresses and terms of the statistical information submission specified in the reporting and statistical documentation shall be obligatory for all respondents and shall not be subject to changes without corresponding authorization of the state statistical bodies.

 

            Article 17. Access to the statistical information and its use

 

            Administrative and local self-government bodies, legal entities and natural persons shall have easy access to the aggregated statistical information, they will be guaranteed an opportunity of use, distribution and storage of the specified statistical information with the purpose of their tasks and functions performance.

            At using the statistical data in mass media and scientific publications, distribution in information networks, in paper form, on magnetic and other carriers the users shall be obliged to refer to their source.

 

            Article 18. Distribution of the statistical information

 

            Distribution of the statistical information not considered being a state, statistical or commercial secret shall be carried out through:

 

     Regular publication in printed editions;

     Dissemination by mass media;

     Posting at web sites of the state statistical bodies;

     Providing directly to governmental and local self-government bodies, other legal entities and natural persons.

    

Free-of-charge presentation of the statistical information to the state and local self-government bodies stipulated by the Program of statistical works shall be carried out according to the statistical information free use list approved by the Government of the Kyrgyz Republic.

            Statistical information upon requests of legal entities and natural persons not included in to the statistical information free use list shall be provided on a paid basis. The Government of the Kyrgyz Republic shall define the order of the cost calculation and payment relating to such requests fulfillment.

 

            Article 19. Provision of confidentiality of the statistical information

 

            The statistical information allowing to identify directly or indirectly a certain respondent or to identify primary data relating to him shall be considered confidential, and its distribution shall be forbidden or can be made with the respondent consent and in conformity with agreed upon terms.

            The statistical data on respondents obtained from common sources shall not be considered as a statistical secret.

            Natural persons shall be provided an easy and free- access to the statistical information concerning them in person.       

            State or local self-government bodies, public civil associations, officials and other persons for making decisions in relation to the certain respondent if the legislation of the Kyrgyz Republic does not stipulate otherwise cannot use the statistical information obtained by the state statistical bodies during the statistical observations.

            All officials of state statistical bodies and temporary employees hired for carrying out the statistical observations shall be obliged to observe the information confidentiality safety requirements and for this requirement violation, they shall be called to account according to legislation of the Kyrgyz Republic.

 

     Article 20.  Right of ownership to the statistical information

 

     The statistical information collected in the course of conducting statistical observations shall be the state property of the Kyrgyz Republic.

     Bodies of the state statistics shall carry out this property day-to-day management that is they shall own, use and dispose of the statistical information, identify rules of its collection, processing, distribution, storing, protection and use.

            The right of ownership to the statistical information obtained during the statistical observations, which have been carried out from means of the customer, shall be defined by contracts on this information production.

 

     Article 21. Responsibility for violation of legislation of the Kyrgyz Republic on state statistics

               

       Persons guilty of the violation of legislation of the Kyrgyz Republic on state statistics shall bear administrative responsibility in accordance with the legislation of the Kyrgyz Republic on administrative responsibility.

 

Section V

Final Provisions

 

            Article 22. Enactment of the present Law

 

            The present Law shall come into force after on the expiry of three months after its publication.

            To recognize invalid from the date of carrying this Law into effect:  

The law of the Kyrgyz Republic "On state statistics" (Vedomosti (Bulletin) of the Jogorku Kenesh of

the Kyrgyz Republic, 1994, N 2, p. 57);

            The law of the Kyrgyz Republic "On amendments and additions to the law of the Kyrgyz Republic" On state statistics " (the “Svobodniye Gory” newspaper N 60, September 9, 1995);

The law of the Kyrgyz Republic "On introducing additions into the Law of the Kyrgyz Republic " On state statistics " (Vedomosti of the Jogorku Kenesh of the Kyrgyz Republic, 2002, N 8, p. 369).

            The Government of the Kyrgyz Republic shall have to bring its statutory legal acts in conformity with the present Law within a three-month period.

 

    

 

President of the Kyrgyz Republic                                                                                        Kurmanbek Bakiev

 

Adopted by the Jogorku Kenesh of the Kyrgyz Republic                                                     February 2, 2007

 

 

 

 

Last updating: 11.05.2017, 10:32