STATE DRUG CONTROL COMMISSION
UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC
Approved by the Resolution of the
Government of the Kyrgyz Republic
on July 9, 1988 (#456)
PROVISIONS
I. General Provisions
1. The State Drug Control Commission under the Government of the Kyrgyz Republic (hereinafter referred to as the State Drug Control Commission) shall be a state administration body on enforcement of the state policy on control of legal and illegal turnover of drugs, psychotropic substances, and precursors (substances from which, or with the help of which narcotic and psychotropic substances are made).
2. In carrying out its activities, the State Drug Control Commission shall follow the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, decrees of the President, resolutions and decrees of the Government of the Kyrgyz Republic, provisions of the 1961, 1971, and 1988 UN Drug Control Conventions, and the Provisions.
3. The State Drug Control Commission shall be a legal entity, shall have its settlement, special, and currency account, a stamp with the National Emblem of the Kyrgyz Republic, and with its name in the state, Russian, and English languages.
4. Within its authority, the State Drug Control Commission shall represent state interests of the Kyrgyz Republic in its relationships with foreign states and international organizations.
II. Basic Functions and Tasks of the State
Drug Control Commission
5. The State Commission shall perform the following functions and tasks:
- organize drafting of normative and other legal arts on anti-drug issues, and submit them for consideration of the Government of the Kyrgyz Republic;
- cooperate with other countries’ agencies with functions and activity analogous to those of the State Commission;
- organize drafting of agreements on anti-drug cooperation with other countries and international organizations upon the request of the Government of the Kyrgyz Republic, an submits such drafts for its consideration;
- execute and control limiting of production, manufacture, import, export, an allocation of drugs and psychotropic substances for medical and scientific purposes only;
- compile the State Register of producers, importers, exporters of drugs, psychotropic substances and precursors, determine their needs as agreed with concerned ministries, state committees and administrative bodies of the Kyrgyz Republic, and submit the data to the UN International Drug Control Committee to get international and national quotas on drugs and psychotropic substances for the Republic;
- license a legal turnover of drugs, psychotropic substances, and precursors paid as provided for by the Government of the Kyrgyz Republic
- approve and issue National Lists of Drugs, Psychotropic Substances and Precursors compiled as provided for by the international anti-drug conventions, and resolutions of the UN International Drug Control Committee, and if necessary, make amendments to these Lists;
- draft national, international, regional, and subregional anti-drug programs;
- within its authority, coordinate activities of ministries, state committees, administrative bodies, local state administrations, and local self- administrations in their struggle against drug business, and activities of enterprises, agencies, and organizations, regardless of the form of property, involved in a legal turnover of drugs, psychotropic substances and precursors;
- summarize, analyze, and submit to the Government of the Kyrgyz Republic and to other concerned bodies information on the drug situation in the Republic received from the Ministry of Internal Affairs of the Kyrgyz Republic, the Ministry of National Security of the Kyrgyz Republic, the Ministry of Public Health of the Kyrgyz Republic, the State Customs Committee of the Kyrgyz Republic, and from other bodies dealing with drug issues;
- work out criteria, and determine amounts of drugs, psychotropic substances, and precursors illegal turnover of which shall result in administrative or criminal liability;
- carry out special functions on cooperation with the UN International Drug Control Committee, and the UN Drug Control Program (UNDCP), and submit statistical reports and government reports on enforcement of the Anti-Drug Conventions in the Kyrgyz Republic as provided for by them on behalf of the Government of the Kyrgyz Republic;
III. Rights of the State Drug Control Commission
6. In its activity, the State Drug Control Cornmission shall have the right:
- control activities of ministries, state committees, administrative bodies, state administration bodies, and local self-administrations of the Kyrgyz Republic in their anti-drug struggle in part concerning enforcement of the UN Anti-Drug Conventions within their authority;
- coordinate and control on behalf of the Government of the Kyrgyz Republic enforcement of national, international, regional, and subregional anti-drug programs, including those carried out in cooperation with other countries and international organizations;
- control activities of enterprises bodies, and organizations of the Kyrgyz Republic, regardless of the form of property, involved in legal turnover of drugs, psycho tropic substances, and precursors, and hold regular and special examinations within this function. In case of violations of rules on handling such substances, the State Drug Control Commission may initiate prosecution of infringes as provided for by the legislation of the Kyrgyz Republic;
- to take binding for ministries, state committees, administrative bodies and agencies of the Kyrgyz Republic resolutions on the legal and illegal turnover of drugs, psychotropic substances, and precursors which follow from obligations of Kyrgyzstan under the International Drugs and Psychotropic Substances Conventions, and under other international agreements;
to request ministries, state committees, administrative bodies and agencies of the Kyrgyz Republic for information necessary for coordination and control of the narco-fight, for reports and any other information as provided for by international and other agreements;
to establish temporary special commissions functioning on a voluntary basis for solution of concrete issues and problems, and to invite there experts of different ministries, state committees, and administrative bodies of the Republic.
IV. Structure of the State Commission
7. The State Drug Control Commission shall be presided by the Head appointed and dismissed by the Prime Minister of the Kyrgyz Republic.
8. The Head of the State Drug Control Commission shall:
- take part in the work of the Government of the Kyrgyz Republic on consideration of issues within the authority of the State Commission, and submit suggestions on issues pertinent to its activities;
- organize the work of the State Commission, and bear personal responsibility for its activities;
- issue orders, instructions, and other normative documents pertinent to legal and illegal turnover of drugs, psychotropic substances and precursors, within his authority;
- work out and approve structure and staff of the State Commission, determine numbers of its departments taking into account peculiarities and volume of their activities Administration, appoint and dismiss officers, and assign duties to its officers;
- decide for spiritual and financial incentives, and impose penalty on officers of the State Commission;
- allocate funds for maintenance of the State Drug Control Commission.
In case of absence of the Head, his functions shall be carried out by one of heads of departments acting temporary as the Head according to an appropriate order.
9. The State Drug Control Commission shall have the Board of 5 members consisting of the Head of the State Commission (as the Head of the Board), heads of departments, and officials of concerned ministries, state committees, and administrative bodies.
The personnel of the Board shall be approved by the Prime Minister of the Kyrgyz Republic.
The Provisions on the Board of the State Drug Control Commission shall be approved by the Head of the State Commission. Decisions of the Board shall be approved by a majority vote of the total number of members of the Board, and shall be put into force by the order of the Head. If votes are divided fifty-fifty between the members of the Board, a decision voted for by the chairman shall become effective. If some members of the Board do not agree with the decision, they may apply to the Government of the Kyrgyz Republic.
V.FINANCIAL ASSETS AND FINANCIAL AND TECHNICAL PROVISION OF THE STATE DRUG CONTROL COMMISSION
10. The State Drug Control Commission shall be financed from:
- the state budget;
- voluntary donations of legal entities and individuals;
- grants, projects, and public funds;
- chargeable services provided to legal entities and individuals according to the legislation of the Kyrgyz Republic;
- issue of permission on import, export, transit, and on other activities pertinent to drugs, psychotropic substances and precursors for legal entities and individuals; publishing and expert activities.
11. The received funds go on settlement, special, or currency accounts of the State Drug Control Commission, and shall be used for licensing, publishing, and informational activities, for financial and technical provision, and for incentive of officers of the State Commission.