As it is known, 2010 was a basin for the Kyrgyz Republic. After April 7, 2010 new Kyrgyz authorities have initiated a routine of nationalisation of objects that, in their opinion, were related to the environment of former president Bakiev (the Nationalized Objects). They all were nationalized by the Decrees of the Interim Government. Shargons in joint banal companies and limited liability companies, land plots, unfinished objects, vehicles, aircraft, boat, etc. are among them. In 2011, a substantial percentage of the republican calculate shall be the proceeds from the sale of the Nationalized Objects. This article analyzes the lawful loopholes of the sale of the Nationalized Objects.
1______General problems of the Nationalized Objects
1.1 The Decrees of the Interim Government are not regulatory legal acts
The Decrees of the Interim Government are not integral part of the legal system of the Kyrgyz Republic and are not listed in Article 4 of the virtue of the Kyrgyz Republic dated 20 July 2009 No. 241 On regulatory Legal Acts of the Kyrgyz Republic (the Law on the RLA). In addition, questions arise regarding: (a) whether the Interim Government was a law-making body, (b) whether it is workable to register Decrees in the State Register of Regulatory Legal Acts of the Kyrgyz Republic.
1.2 Nationalization does not comply with the institute of nationalization of the Kyrgyz Republic
Nationalization is one of the types of forced withdrawal from the owner of the station. In accordance with article 288 of the Civil Code, nationalization is only possible with the following conditions:
a. Adoption of the law, pursuant to the Constitution, on nationalization of the concrete property and
b. Compensation for the person whose property is expropriated the value of this property and other damages caused by its withdrawal.
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