The main goal of this project is to adapt the regulation to the requirements of the law "On Ecological Expertise," which will come into force on July 31, 2025. The current version does not take into account modern digital solutions and contains contradictions with the main regulatory documents.
One of the key changes is the exclusion of representatives of local self-government and freelance experts from the composition of expert commissions. Only full-time employees of the authorized body and specialists engaged in environmental protection will remain in the commissions.
The process of registering applications and sending conclusions of the expertise will be carried out in electronic format through the electronic document management system.
The timeframes for conducting expertise will be reduced depending on the category of the object: for objects with transboundary impact, it will be 60 working days; for objects of category I hazard — 40 days; category II — 20 days; category III — 10 days.
The list of documents required for expertise has also been expanded, including the conclusion of the National Academy of Sciences on biodiversity and information on the presence of specially protected natural areas.
Comparative Table
| Current Edition | Proposed Edition |
| Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic 1. General Provisions 1. The Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic (hereinafter referred to as the Regulation) establishes the procedure for organizing and conducting state ecological expertise. 2. This Regulation is intended for application by experts of the expert commission of the state ecological expertise of the authorized state body for environmental protection. | Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic 1. General Provisions 1. The Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic (hereinafter referred to as the Regulation) establishes the procedure for organizing and conducting state ecological expertise. 2. This Regulation is intended for application by experts of the expert commission of the state ecological expertise of the authorized state body for environmental protection. |
| 2. Key Concepts 3. The following key concepts are used in this Regulation: alternatives - various options for achieving the main goal and necessity of the proposed activity (project or program); state ecological expertise - a type of ecological expertise carried out by the authorized state body for environmental protection, aimed at determining the level of ecological risk and danger of the proposed decisions, the implementation of which may directly or indirectly affect the state of the environment and natural resources; environmental impact assessment documentation (hereinafter referred to as EIA) - a set of documents prepared as a result of conducting EIA of the proposed economic and other activities; public consultations - a set of activities carried out within the framework of EIA aimed at informing the public about the proposed activities, identifying preferences, determining all aspects of the possible impact of this activity on the environment in order to obtain the most objective information and take public opinion into account in the assessment process; best available technology - technology based on the latest achievements in science and technology, aimed at reducing negative impacts on the environment and having a specified period of practical application, taking into account economic and social factors; transboundary impact - any impact, not only of a global nature, in an area under the jurisdiction of one Party, caused by proposed activities, the physical source of which is located within an area under the jurisdiction of another Party, in accordance with the Law of the Kyrgyz Republic "On the Accession of the Kyrgyz Republic to the Convention of the United Nations Economic Commission for Europe on Environmental Impact Assessment in a Transboundary Context"; Appendix 1 to this Regulation; 5) copies of conclusions of public ecological expertise, if it was conducted. 7. The materials submitted for state ecological expertise must reflect, depending on the characteristics of the proposed activity, the project solutions for: 1) the implementation of best available technologies; 2) the rational use and reproduction of natural resources, comprehensive processing and disposal of production and consumption waste; 3) ensuring effective wastewater treatment, using them for technical needs; 4) preservation and restoration of soil cover, plant and animal life, compliance with the status of objects of specially protected natural areas; 5) reclamation of disturbed lands; Appendix 1 to this Regulation; 5) copies of conclusions of public ecological expertise, if it was conducted. 7. The materials submitted for state ecological expertise must reflect, depending on the characteristics of the proposed activity, the project solutions for: 1) the implementation of best available technologies; 2) the rational use and reproduction of natural resources, comprehensive processing and disposal of production and consumption waste; 3) ensuring effective wastewater treatment, using them for technical needs; 4) preservation and restoration of soil cover, plant and animal life, compliance with the status of objects of specially protected natural areas; 5) reclamation of disturbed lands; 6) ensuring the protection of the population and the environment from harmful impacts of anthropogenic physical, chemical, and biological factors. 8. Documentation for the creation and implementation of new equipment, technology, materials, and substances must contain: 1) technical assignment for development; 2) draft technical conditions or draft standard (amendments to the standard) for the developed product; 3) draft operating instructions; 4) materials (protocols, reports) on conducted preliminary tests (research), including EIA; 5) toxicological conclusion from health authorities; 6) characteristics of new equipment, technology, materials, and substances compared to existing analogs, description of the technological process. 9. Materials justifying the choice of land for the placement of the object must contain: 1) justification for the choice of land for the placement of the object; 2) map-scheme of the requested land plot; 3) copies of positive conclusions and/or documents of approvals from relevant state bodies, local self-government bodies; 4) act of choice of land for the placement of the object; 5) technical and economic justification for the construction of the object tied to the selected site, containing a section on EIA. 10. Documentation for projects of regulatory technical documents must contain: 1) assignment for development; 2) draft technical conditions; 3) current document at the time of development (corrections). 11. Drafts of maximum allowable emissions (hereinafter referred to as MAE) and discharges (hereinafter referred to as MD), waste placement standards, ecological passports are submitted in the volume and composition defined by instructive-methodological documents for their development. | |
| 5. Organization of State Ecological Expertise Activities 12. The authorized state body for environmental protection and its territorial bodies form expert commissions for state ecological expertise (hereinafter referred to as the expert commission) for each specific object of state ecological expertise. 13. The composition of the expert commission includes experts from among the employees of the structural subdivision for ecological expertise of the authorized state body for environmental protection (territorial body) and freelance experts, representatives of the public, local self-government bodies. 14. The composition of the expert commission is approved by the order of the authorized state body for environmental protection (territorial body). Appendix 2 to this Regulation. 18. The procedure for state ecological expertise consists of sequential stages and includes: Appendix 2 to this Regulation. 18. The process of state ecological expertise will consist of sequential stages, including: 1) registration of an application in the established form for sending project documentation for state ecological expertise with consideration of keeping records in a special journal of the structural subdivision for ecological expertise; 2) preliminary stage of expertise, which includes checking the completeness of the submitted materials; 3) main stage of expertise, which includes determining the level of expertise, analytical processing of materials, assessing the degree of ecological danger of the proposed activity, the sufficiency and reliability of justifications for the implementation of the object of expertise; 4) final stage of expertise, which includes summarizing expert assessments and results of the expertise, preparing an expert conclusion with findings on the approval of materials or their rejection. Appendix 3 to this Regulation. 22. The conclusion of the state ecological expertise can be positive or negative. 23. A positive conclusion of the state ecological expertise contains substantiated conclusions about the admissibility of the impact of the proposed activity on the environment and the possibility of implementing the object of expertise. 24. A negative conclusion of the state ecological expertise may contain conclusions of two types: 1) on the need to revise the submitted documentation based on the comments and suggestions outlined in the conclusion; 2) on the inadmissibility of implementing the object of expertise due to non-compliance with the requirements of ecological safety of the proposed activity. 25. The conclusion is signed by the chairman and all members of the expert commission and approved by the head of the authorized state body for environmental protection (territorial body) or his deputy. 26. In case of disagreement of a member of the expert commission with the conclusions of the conclusion, the expert formulates a special opinion, presented in the form according to Appendix 4 to this Regulation, which is attached to the conclusion. In this case, the expert signs the conclusion of the expert commission with the note "special opinion." 27. Conclusions on documentation submitted for re-examination may be formatted in a shortened form. The conclusion reflects the name and purpose of the project development, followed by responses to comments and suggestions, and conclusions. 28. The conclusion of the state ecological expertise on draft regulatory legal acts of the Kyrgyz Republic is drawn up in accordance with Appendix 1 to the Instruction on the Procedure for Conducting Legal, Human Rights, Gender, Ecological, Anti-Corruption Expertise of Draft Sub-Legal Acts of the Kyrgyz Republic, approved by the Resolution of the Government of the Kyrgyz Republic dated December 8, 2010, No. 319. Appendix 3 to this Regulation. 22. The conclusion of the state ecological expertise can be both positive and negative. 23. A positive conclusion of the state ecological expertise includes substantiated conclusions about the admissibility of the impact of the proposed activity on the environment and the possibility of implementing the object of expertise. 24. A negative conclusion of the state ecological expertise may contain conclusions of two types: 1) on the need to revise the submitted documentation based on the comments and suggestions outlined in the conclusion; 2) on the inadmissibility of implementing the object of expertise due to non-compliance with the requirements of ecological safety of the proposed activity. 25. The conclusion is signed by the chairman and all members of the expert commission and approved by the head of the authorized state body for environmental protection (territorial body) or his deputy. 26. In case of disagreement of a member of the expert commission with the conclusions of the conclusion, the expert formulates a special opinion, presented in accordance with the form provided in Appendix 4 to this Regulation, and it is attached to the conclusion. In this case, the expert signs the conclusion of the expert commission, adding the note "special opinion." 27. Conclusions on documentation submitted for re-examination may be formatted in a shortened form. The conclusion indicates the name and purpose of the project development, as well as responses to comments and suggestions, and conclusions. 28. The conclusion of the state ecological expertise on draft regulatory legal acts of the Kyrgyz Republic is drawn up in accordance with Appendix 1 to the Instruction on the Procedure for Conducting Legal, Human Rights, Gender, Ecological, Anti-Corruption Expertise of Draft Sub-Legal Acts of the Kyrgyz Republic, approved by the Resolution of the Government of the Kyrgyz Republic dated December 8, 2010, No. 319. 29. A positive conclusion of the state ecological expertise is valid for three years from the date of its issuance. 30. The conclusion of the state ecological expertise is sent to the applicant via the electronic document management system, email, postal communication, or delivered personally. 31. One copy of the materials submitted for state ecological expertise remains in the structural subdivision for ecological expertise after its completion. | |
| 7. Timeframes for Conducting State Ecological Expertise 32. The timeframe for conducting state ecological expertise is determined based on the complexity of the object of expertise and should not exceed three months. When reviewing documentation on EIA of objects with possible significant harmful transboundary impacts, justified extensions of deadlines may be allowed by agreement of the interested parties if necessary. 33. The start of the timeframe for conducting state ecological expertise is established from the moment of submission of all necessary documentation that has passed the preliminary expertise stage, the duration of which should not exceed two weeks. | 7. Timeframes for Conducting State Ecological Expertise 32. The timeframes for state ecological expertise depend on the category of complexity of the object: - for objects with transboundary impact — 60 working days; [/b>[b]- for objects of category I hazard — 40 working days; [/b>[b]- for objects of category II hazard — 20 working days; [/b>[b]- for objects of category III hazard — 10 working days. 33. The start of the timeframe for conducting state ecological expertise is recorded from the moment of submission of all necessary documentation that has passed preliminary expertise and registered in the established manner. |
| Appendix 1 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic List of state bodies and local self-government bodies that approve materials submitted for state ecological expertise 1. Local state administrations and local self-government bodies (within their competence). 2. Health authorities (identification, forecasting possible impacts of biological, chemical, radiation, and other physical factors on the health of the population and workers; analysis of the state of environmental objects based on safety indicators for health; sanitary-epidemiological expertise of objects of the surrounding and production environment; expertise of project and technical documentation in accordance with the legislation of the Kyrgyz Republic). 3. Water resource management authorities (when planning various types of work within water bodies and water protection zones)*. 4. Land resource management authorities and regulation of land relations*. 5. Subsoil use authorities (for enterprises using mineral raw materials or located in areas where mineral deposits may be located, as well as when using groundwater and the presence of sources of possible pollution). 6. State control authorities for safe industrial operations and mining supervision (for hazardous production facilities). 7. Forest management authorities (for objects located on forest fund lands). | Appendix 1 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic List of state bodies and local self-government bodies that approve materials submitted for state ecological expertise 1. Local state administrations and local self-government bodies (within their competence). 2. Health authorities (identification, forecasting possible impacts of biological, chemical, radiation, and other physical factors on the health of the population and workers; analysis of the state of environmental objects based on safety indicators for health; sanitary-epidemiological expertise of objects of the surrounding and production environment; expertise of project and technical documentation in accordance with the legislation of the Kyrgyz Republic). 3. Water resource management authorities (when planning various types of work within water bodies and water protection zones)*. 4. Land resource management authorities and regulation of land relations*. 5. Subsoil use authorities (for enterprises using mineral raw materials or located in areas where mineral deposits may be located, as well as when using groundwater and the presence of sources of possible pollution). 6. State control authorities for safe industrial operations and mining supervision (for hazardous production facilities). 7. Forest management authorities (for objects located on forest fund lands). 8. Conclusion of the National Academy of Sciences of the Kyrgyz Republic on the state of biodiversity listed in the Red Book of the Kyrgyz Republic. 9. Authority for the management of specially protected natural areas, on the presence of specially protected natural areas. The above list of documents is confirmed by the initiator and developer of the project for the accuracy of the submitted information and is certified by the signature and seal of the head. |
| Appendix 2 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Application (cover letter) for sending project documentation for state ecological expertise from _________ № __________ «_____»________ 20 __ year To the authorized state body for environmental protection (territorial body) ___________________________________________________________ (details of the initiator/developer of the project) We are sending for state ecological expertise ___________________________________________________________ (name of the object of state ecological expertise) Appendix: 1. Detailed inventory of materials submitted for state ecological expertise. Head of the organization: _______________ _________________ (signature) (initials, surname) | Appendix 2 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Application (cover letter) for sending project documentation for state ecological expertise from _________ № __________ «_____»________ 20 __ year To the authorized state body for environmental protection (territorial body) ___________________________________________________________ (details of the initiator/developer of the project) We are sending for state ecological expertise ___________________________________________________________ (name of the object of state ecological expertise) Appendix: 1. Detailed inventory of materials submitted for state ecological expertise. Head of the organization: _______________ _________________ (signature) (initials, surname) |
| Appendix 3 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Approved by the head (deputy head) of the authorized state body for environmental protection (territorial body) _____________ __________________ (signature) (initials, surname) «____» ____________ 20_____ g. Conclusion of the state ecological expertise* 1. General information. The following project documentation is submitted for consideration to the authorized state body for environmental protection of the Kyrgyz Republic (territorial body) for state ecological expertise __________________________________________________________ (name of the project documentation) in the following composition: 1) general explanatory note, volume/book ________________; 2) main technical (technological) solutions, volume/book 3) EIA documentation________________________________; 4) ___________________________________________________ The project documentation was developed in 20___, the developer of the project is_________________________________________________ (full name of the project organization) The initiator of the project is ____________________________ (full name) *The conclusion is presented on the letterhead of the authorized state body for environmental protection (territorial body). The documentation is attached: - copies of conclusions from state approving bodies according to the specifics of the object; - copies of materials from consultations conducted with the public (formatted protocols containing conclusions based on the results of public discussions of the ecological aspects of the planned activities); - a copy of the conclusion of departmental (sectoral) expertise (if available); - copies of conclusions from previous reviews in case of conducting a repeated ecological expertise of the project; - a copy of the conclusion of public ecological expertise (if it was conducted). The state ecological expertise was conducted by the expert commission formed by the order of the authorized state body for environmental protection (territorial body). 2. General part. A brief description of the physical and geographical conditions of the area of placement of the object of expertise, its characteristics, resource needs, possible alternatives, expected impact on the environment, including significant harmful transboundary impact, planned environmental protection measures and their effectiveness, proposals for the ecological monitoring program are provided. 3. Comments and suggestions. Based on the analysis and expert assessment of the submitted materials, it includes: - assessment of compliance of materials with the requirements of regulatory legal acts in the field of environmental protection; - assessment of the completeness and reliability of information justifying the decisions made; - consideration in the materials of restrictions on natural resource use (specially protected natural areas, recreational, water protection, sanitary-protective zones, monuments of history and culture, etc.); - justification of the proposed technological and project solutions; - justification of assessments of possible impacts on the environment and the sufficiency of proposed measures. The presence of a special opinion is indicated. 4. Conclusions General conclusions about the submitted documentation must contain one of the following definitions: 1) "positive conclusion"; 2) "negative conclusion". In this case, for the purpose of operational revision of the documentation, specific recommendations may be offered to the project initiator (project developer) for its revision. Chairman of the expert commission: ___________________ (signature) (initials, surname) Members of the expert commission: ___________ (signature) (initials, surname) | Appendix 3 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Approved by the head (deputy head) of the authorized state body for environmental protection (territorial body) _____________ __________________ (signature) (initials, surname) «____» ____________ 20_____ g. Conclusion of the state ecological expertise* 1. General information. The following project documentation is submitted for consideration to the authorized state body for environmental protection of the Kyrgyz Republic (territorial body) for state ecological expertise __________________________________________________________ (name of the project documentation) in the following composition: 1) general explanatory note, volume/book ________________; 2) main technical (technological) solutions, volume/book 3) EIA documentation________________________________; 4) ___________________________________________________ The project documentation was developed in 20___, the developer of the project is_________________________________________________ (full name of the project organization) The initiator of the project is ____________________________ (full name) *The conclusion is presented on the letterhead of the authorized state body for environmental protection (territorial body). The documentation is attached: - copies of conclusions from state approving bodies according to the specifics of the object; - copies of materials from consultations conducted with the public (formatted protocols containing conclusions based on the results of public discussions of the ecological aspects of the planned activities); - a copy of the conclusion of departmental (sectoral) expertise (if available); - copies of conclusions from previous reviews in case of conducting a repeated ecological expertise of the project; - a copy of the conclusion of public ecological expertise (if it was conducted). The state ecological expertise was conducted by the expert commission formed by the order of the authorized state body for environmental protection (territorial body). 2. General part. A brief description of the physical and geographical conditions of the area of placement of the object of expertise, its characteristics, resource needs, possible alternatives, expected impact on the environment, including significant harmful transboundary impact, planned environmental protection measures and their effectiveness, proposals for the ecological monitoring program are provided. 3. Comments and suggestions. Based on the analysis and expert assessment of the submitted materials, it includes: - assessment of compliance of materials with the requirements of regulatory legal acts in the field of environmental protection; - assessment of the completeness and reliability of information justifying the decisions made; - consideration in the materials of restrictions on natural resource use (specially protected natural areas, recreational, water protection, sanitary-protective zones, monuments of history and culture, etc.); - justification of the proposed technological and project solutions; - justification of assessments of possible impacts on the environment and the sufficiency of proposed measures. The presence of a special opinion is indicated. 4. Conclusions General conclusions about the submitted documentation must contain one of the following definitions: 1) "positive conclusion"; 2) "negative conclusion". In this case, for the purpose of operational revision of the documentation, specific recommendations may be offered to the project initiator (project developer) for its revision. Chairman of the expert commission: ___________________ (signature) (initials, surname) Members of the expert commission: ___________ (signature) (initials, surname) |
| Appendix 4 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Expert's Special Opinion __________________________________________ (Full Name of the member of the expert commission of the state ecological expertise) ________________________________________ (name of the object of state ecological expertise) on _______________________________________ (name of the section, question, problem) The opinion is briefly and clearly stated, justifying the reasons and positions on which the expert disagrees with the conclusions of the expert commission's conclusion. The expert's special opinion should reflect: the sufficiency (insufficiency) of the elaboration of materials and proposed technical solutions for the examined section, question, problem, etc.; compliance (non-compliance) of the proposed activity with the ecological requirements established by the legislation of the Kyrgyz Republic; the possibility (impossibility) of implementing the object of state ecological expertise; the need to revise the submitted materials based on the comments and suggestions outlined in the individual opinion of the expert. ____________ _________________________ (signature) (initials, surname of the expert) | Appendix 4 to the Regulation on the Procedure for Conducting State Ecological Expertise in the Kyrgyz Republic Expert's Special Opinion __________________________________________ (Full Name of the member of the expert commission of the state ecological expertise) ________________________________________ (name of the object of state ecological expertise) on _______________________________________ (name of the section, question, problem) The opinion is briefly and clearly stated, justifying the reasons and positions on which the expert disagrees with the conclusions of the expert commission's conclusion. The expert's special opinion should reflect: the sufficiency (insufficiency) of the elaboration of materials and proposed technical solutions for the examined section, question, problem, etc.; compliance (non-compliance) of the proposed activity with the ecological requirements established by the legislation of the Kyrgyz Republic; the possibility (impossibility) of implementing the object of state ecological expertise; the need to revise the submitted materials based on the comments and suggestions outlined in the individual opinion of the expert. ____________ _________________________ (signature) (initials, surname of the expert) |
