CONSTITUTION OF THE KYRGYZ REPUBLIC

(6) Citizens of the Kyrgyz Republic shall elect President, Deputies of the Jogorku Kenesh and their representatives to bodies of local self-government. Elections shall be free and shall be held on the basis of universal, equal, and direct suffrage by secret ballot. To participate in the election a citizen must have attained the age of 18.

Art. 2. (1) The State and its bodies shall serve the whole society, and not its particular group.

(2) No group of people, no organization, nor any person shall have the right to assume Power in the State. The usurpation of State Power shall be a felony.

Art. 3. (1) The territory of the Kyrgyz Republic within its present boundaries shall be inviolable and indivisible.

(2) The territory of the Kyrgyz Republic shall be divided into administrative territorial units established by law for the purposes of the organization of state government.

Art. 4. (1) In the Kyrgyz Republic there may be state and private property.

The Kyrgyz Republic shall guarantee the diversity of property types and their equal protection by law.

(2) In the Kyrgyz Republic the land, its subsoil, water, air, space, fauna and flora - all natural resources shall be the property of the State.

(3) Plots of land, in the procedure and size provided by law of the Kyrgyz Republic may be given to citizens and their associations for private possession. The purchase and sale of land shall not be allowed.

(4) The Kyrgyz Republic shall defend the right of its citizens and legal entities to own property, and shall defend citizens' and governmental property located on the territories of other states.

Art. 5. (1) The official language of the Kyrgyz Republic shall be the Kyrgyz language.

(2) The Kyrgyz Republic shall guarantee preservation, equal and free development and functioning of the Russian language and all other languages which are used by the population of the republic.

(3) Infringement of the citizens' rights on the ground of absence of knowledge and command of the official language shall not be allowed.

Art. 6. The state symbols of the Kyrgyz Republic are the State Flag, Emblem, and Anthem. The capital of the Kyrgyz Republic is the city of Bishkek.

SECTION TWO

THE STRUCTURE AND ACTIVITY OF THE STATE

Art. 7. (1) State Power in the Kyrgyz Republic shall be based on teh following principles:

- the division of power into legislative, executive, and

judicial branches;

- nationwide election of the head of the State - President

of the Kyrgyz Republic, who shall be the guarantor of the

stability of the Constitution and unity of the State;

- the divisional between national power and local self-

government.

(2) State power in the Kyrgyz Republic shall be vested in and exercised by:

The Legislative Power - by the Jogorku Kenesh;

The Executive Power - by the Government and local state

administration;

The Judicial Power - by the Constitutional Court, the

Supreme Court, the Supreme Economic Court, courts and

judges of the system of justice.

Bodies of Legislative, Executive and Judicial Power shall function independently and in cooperation with each other. They shall have no right to exceed their powers established by the Constitution of the Kyrgyz Republic.

Art. 8. (1) Political parties, trade unions and other public associations may be organized in the Kyrgyz Republic on the bases of free will and unity of interests. The State shall guarantee the rights and lawful interests of public associations.

(2) Political parties may participate in state affairs only in the following forms:

- to nominate their candidates for the election to the

Jogorku Kenesh, state posts and to bodies of local

self-government;

- to form factions in representative bodies.

(3) Religion, all sects shall be separated from the State.

(4) The following shall not be allowed in the Kyrgyz Republic:

- the amalgamation of State and Party institutions, as well

as the subordination of State activity to party programs

and decisions;

- the formation and activity of party organizations in

state institutions and establishments. Officials shall

have the right to carry out their party activities out-

side their working hours;

- membership and activity in support of any political party

by military men, officials in the organs of internal af-

fairs, national security, justice, procuracy and courts;

- organization of political parties on religious grounds.

Religious organizations shall not pursue political aims

and tasks;

- interference by members of religious organizations and

sects with the activity of state bodies;

- the activity of political parties of foreign countries.

Art. 9. (1) The Kyrgyz Republic shall not pursue the policy of expansion, aggression and claim to territorial extent performed by means of military force.

It shall reject any kind of militarization of national life, subordination of the government or its activity for the purposes of war. Military forces of Kyrgyzstan shall be organized in accordance with the principles of self-defense and defensive sufficiency.

(2) The right to go to war shall not be acknowledged except in cases of aggression against Kyrgyzstan or other countries coming under the obligations to collective defense. The permission in each case when a military unit crosses over the borders of Kyrgyzstan must be received in the form of a decision of the Jogorku Kenesh approved not less than 2/3 of the totl number of Deputies.

(3) The use of military force for the solution of internal political issues shall be prohibited. Military personnel may be called upon in case of natural disasters and in other similar cases prescribed directly by law.

(4) The Kyrgyz Republic shall seek universal and just peace, mutual cooperation, solution of global and regional problems by peaceful measures, and shall observe universally recognized principles of International Law.

Actions aimed at disturbing the peaceful communal life of the people, propaganda and encouragement of ethnic clashes shall be unconstitutional.

Art. 10. (1) A state of emergency in Kyrgyzstan may be imposed only in case of natural disaster, direct threat to the Constitutional structure, breach of public order accompanied by violence and menace to human life, as well as under the circumstances and for limited periods, as provided for in the Constitutional Law.

(2) A state of emergency throughout the territory of the Kyrgyz Republic may be imposed only by the Jogorku Kenesh. A state of emergency may be imposed by the President in limited locations under circumstances requiring immediate action; the President shall inform the Jogorku Kenesh the same day. The Jogorku Kenesh shall confirm the act of the President within not more than three days.

If such a confirmation has not been made within the indicated time, the state of emergency shall be annuled.

(3) Martial law in the Kyrgyz Republic may be introduced by thge Jogorku Kenesh only in case of aggression against the Kyrgyz Republic.

(4) Recess of a session of the Jogorku Kenesh shall not be allowed during a state of emergency and martial law. In those cases when the Jogorku Kenesh is not in session and a state of emergency has been imposed by the President, the Jogorku Kenesh shall call a special session not later than the day following the introduction of the state of emergency.

(5) Referenda, elections to state bodies as well as any changes in the structure, functions and power of state bodies established by the Constitution shall not be allowed during a state of emergency and martial law.

Art. 11. (1) The state budget of the Kyrgyz Republic shall consist of the republican budget and local budgets, comprising all expenditures and revenues of the state. The republican budget shall be approved by the Jogorku Kenesh upon presentation by the Government.

(2) Revenue in the republican budget shall be derived from taxes established by law, other liabilities, income from state property and other incomes.

A single system of taxation shall function in the territory of the Kyrgyz Republic. The right to impose taxes shall belong to the Jogorku Kenesh of the Kyrgyz Republic.

(3) The Jogorku Kenesh shall have the right to establish extra-budgetary dedicated financial funds. The sources of income for these extra-budgetary funds may be attracted assets.

(4) The report on the execution of the republican budget and extra-budgetary funds shall be approved by the Jogorku Kenesh.

Art. 12. (1) The Constitution shall have supreme legal force and direct effect in the Kyrgyz Republic.

(2) Laws and other normative acts shall be adopted on the basis of the Constitution.

(3) International treaties and other norms of international law which have been ratified by the Kyrgyz Republic shall be a component and directly applicable part of legislation of the Kyrgyz Republic.

CHAPTER TWO: CITIZENS

SECTION ONE: CITIZENSHIP

Art. 13. (1) The belonging of a citizen to the Kyrgyz Republic and his status shall be determined by citizenship.

A citizen of the Kyrgyz Republic shall observe the Constitution and laws of the republic, and shall respect the rights, freedoms, honor and dignity of other people.

(2) Citizenship of other countries shall not be recognized for citizens of the Kyrgyz Republic.

(3) No citizen of the Kyrgyz Republic shall be deprived of his citizenship or the right to change his citizenship.

(4) The Kyrgyz Republic shall guarantee defense and protection of its citizens when outside its territory.

Art. 14. (1) Every citizen of the Kyrgyz Republic by virtue of his citizenship shall enjoy the rights and perform obligations.

(2) Foreign citizens and stateless persons when in Kyrgyzstan shall enjoy the rights and freedoms of citizens and perform duties on the bases, under the terms and in the procedure prescribed by law, international treaties and agreements.

SECTION TWO

THE RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Art. 15. (1) Dignity of an individual in the Kyrgyz Republic shall be absolute and inviolable.

(2) The basic human rights and freedoms shall belong to every person from birth. They shall be recognized as absolute, inalienable and protected by law and the courts from infringement by any other persons.

(3) All persons in the Kyrgyz Republic are equal before law and the court. No person shall be subject to any kind of discrimination, violation of his rights and freedoms on the ground if ethnic origin, sex, race, nationality, language, religion, political and religious convictions, as well as under other conditions and circumstances of private or social nature.

(4) Human rights and freedoms are valid in the Kyrgyz Republic. Such rights shall determine the meaning, content and application of the laws, shall be respected by the legislative and executive branches and local self-government, and shall be guaranteed by the judicial system.

(5) In the Kyrgyz Republic, the State shall encourage folk customs and traditions which do not contravene the Constitution and human rights and freedoms.

Art. 16. (1) In the Kyrgyz Republic the basic human rights and freedoms shall be recognized and guaranteed in accordance with universally-accepted norms and principles of international law, international treaties and agreements on the issues of human rights which have been ratified in the Kyrgyz Republic.

(2) Every person in the Kyrgyz Republic shall enjoy the right:

- to life, physical and moral immunity;

- to personal freedom and security;

- to freedom of personal development;

- to freedom of conscience, spirit and worships;

- to free expression and dissemination of one's thoughts,

ideas, opinions, freedom of literary, artistic, scien-

tific and technical creative work, freedom of the press,

transmission and dissemination of information;

- to freedom of movement and freedom to choose one's place

of residence throughout the territory of Kyrgyzstan, and

the right to travel abroad and return home;

- to freedom of assembly;

- to associate peacefully without weapons, to hold meetings

and demonstrations;

- to inviolability of the home;

- to freedom and privacy of correspondence;

- to dignity, freedom of private life, personal and family

secrecy;

- to secrecy of post, telephone and telegraphic communica-

tions;

- to have property, to possess, use and administer it on

one's own account;

- to economic freedom, free use of one's abilities and

property for any type of economic activity;

- to freedom of labor, and free choice of one's type of

activity and occupation.

The enumeration of rights and freedoms in the Constitution shall not be interpreted as negating or infringing upon other univerally-recognized human rights and freedoms.

Art. 17. (1) In the Kyrgyz Republic no laws shall be enacted which abolish or infringe on human rights and freedoms.

(2) Restrictions on the exercise of rights and freedoms shall be allowed by the Constitution and laws of the Kyrgyz Republic only for the purposes of guaranteeing rights and freedoms of other persons, providing public safety and constitutional order. In such cases, the essence of the constitutional rights and freedoms shall not be effected.

Art. 18. (1) Limitations of physical and moral inviolability shall be allowed only on the basis of law by the decision of a court as punishment for a crime committed. No one may be tortured, subjected to ill-treatment or inhuman degrading punishment.

(2) Medical, biological, and physiological experiments on people shall be prohibited without a voluntary agreement properly expressed and confirmed by the person participating in the experiment.

(3) No one may be subjected to arrest or detention except on the basis of law. Any actions aimed at imposing responsibility for a crime on a person before the sentence has been passed by the court shall not be allowed, and shall be grounds for material and moral compensation to the victim by the court.

(4) Capital punishment may be imposed only in exceptional cases under the sentence of a court.

Any person sentenced to capital punishment shall have the right to appeal for pardon.

Art. 19. (1) Private property in the Kyrgyz Republic shall be recognized and guaranteed as an inalienable human right, as a natural source of one's welfare, business and creative activity, and as a guarantor of one's economic and personal independence.

(2) Property shall be inviolable. No person can be deprived of his property, and its deprivation against the will of its owner shall be allowed only by the decision of a court.

(3) In the Kyrgyz Republic the right of inheritance shall be guaranteed and protected by law.

Art. 20. The Kyrgyz Republic may grant political asylum to foreign citizens and stateless persons in response to human rights violations.

SECTION THREE

THE RIGHTS AND DUTIES OF A CITIZEN

Art. 21. (1) Citizens of the Kyrgyz Republic, and their organizations, shall be allowed to engage in any action or activity, except those prohibited or restricted by the present Constitution and laws of the Kyrgyz Republic.

(2) The enjoyment of the rights and freedoms by a citizen of the Kyrgyz Republic shall be inseparable from his duties as are necessary for the security of private and national interests.

Art. 22. Laws of the Kyrgyz Republic concerning the rights and freedoms of citizens shall be equally applied to all citizens and shall not bestow on anyone priveleges and preferences, except those provided by the Constitution and laws for the social protection of citizens.

Art. 23. Citizens of the Kyrgyz Republic shall participate in governing both directly and through their representatives, in the discussion and adoption of laws, decisions of republican and local significance, and they shall have equal access to governmental services.

Art. 24. Citizens of the Kyrgyz Republic shall have the right and duty to defend the Motherland. Citizens shall perform military service within the limits and in the forms established by law.

Art. 25. Citizens of the Kyrgyz Republic are obliged to pay taxes and fees in accordance with legislation.

Art. 26. (1) The Family shall be the fundamental unit of society; family, fatherhood, maternity and childhood shall be the subject of concern for the whole society and subject to preferable protection by law; childcare and up-bringing shall be the natural right and civic duty of the parents. Children are obliged to render help to their parents.

(2) The government shall provide material assistance, up-bringing and education for orphans and children deprived of parental support.

(3) Respect for old people and support for relatives shall be a sacred tradition of the People of Kyrgyzstan.

Art. 27. (1) In the Kyrgyz Republic social maintenance at the expense of the government shall be guaranteed in old age, in sickness and in the event of complete or partial disability, or loss of the breadwinner.

(2) Pensions and social maintenance in accordance with economic resources of the society shall provide a standard of living not below the minimum wage established by law.

(3) Voluntary social insurance and the establishment of additional forms of security and charity shall be encouraged.

Art. 28. (1) Citizens of the Kyrgyz Republic shall have the right to protection of labor in all its forms and ways, including the right to working conditions which comply with norms of security and hygiene, as well as the right to social protection against unemployment.

(2) The government shall provide for professional training and improvement of professional skills of citizens, and shall encourage and promote international agreements and international organizations which have the aim of consolidating and securing the right to work.

(3) The forced labor of citizens shall be prohibited, except in cases of war, natural disaster, epidemic, or in other extraordinary circumstances, as well as in the execution of punishment upon sentence of the court.

Art. 29. Citizens of the Kyrgyz Republic working under labor agreement (contract) shall have the right to fair remuneration not below the minimum wage established by the government.

Art. 30. Citizens of the Kyrgyz Republic shall have the right to strike. The procedure and conditions for holding strikes shall be prescribed by law.

Art. 31. (1) Citizens of the Kyrgyz Republic shall have the right to rest.

(2) The Maximum duration of the working hours, the minimum weekly rest and annual paid leave as well as other terms of exercise of the right to rest shall be prescribed by law.

Art. 32. (1) Every citizen of the Kyrgyz Republic shall have the right to education.

(2) General secondary education shall be compulsory and free of charge. Every person shall have the right to get it at national educational institutions.

Every citizen shall have the right to get free education at national educational institutions.

(3) The State shall provide for every person in accordance with individual aptitude accessability to vocational, special secondary and higher education.

(4) Paid education for citizens at national and other educational institutions shall be allowed on the basis and in the procedure established by legislation.

(5) The State shall exercise control over the activity of educational institutions.

Art. 33. Citizens of the Kyrgyz Republic shall have the right to housing. The State promotes the fulfillment of the right to housing by giving and selling state-owned housing, by encouragement of individual house building.

Art. 34. (1) Citizens of the Kyrgyz Republic shall enjoy the right to protection of health, to benefit freely from the network of state public health institutions.

(2) Paid medical service shall be allowed on the basis and in the procedure established by law.

Art. 35. (1) Citizens of the Kyrgyz Republic shall have the right to healthy, safe environment and to compensation for the damage caused to one's health and property by the activity in the sphere of nature usage.

(2) The protection of environment, natural resources and historical monuments shall be the sacred duty of every citizen.

Art. 36. (1) Culture, art, literature, science and the mass media shall be free.

(2) The State shall protect historical monuments, care for and provide the necessary conditions for the development of literature, art, science, the mass media and sports.

(3) Citizens shall have the right to enjoy cultural benefits, to study art and science.

Art. 37. Social activity of the State shall not be substituted by state care limiting economic freedom and activity, the opportunity of a citizen to achieve economic welfare for himself and his family.

Art. 38. (1) It is the duty of the State and all its bodies and officials to provide for full, absolute and immediate protection of the rights and freedoms of citizens, to prevent the infringement of rights in this sphere and to restore the violated provision.

(2) The Kyrgyz Republic shall guarantee judicial defense of all the rights and freedoms of citizens established by the Constitution and laws.

Art. 39. (1) A citizen charged with an offense shall be presumed innocent until found guilty by sentence of the court.

(2) The State shall guarantee everyone defense from arbitrary and unlawful interferance with one's private and family life, infringement of one's honor and dignity, or breach of secrecy of correspondence and telephone conversations.

(3) No one shall have the right to enter a dwelling except in cases when it is necessary to conduct a sanctioned search or seizure of property, to secure public order, to arrest a criminal, or to save the life, health or property of a person.

Art. 40. Every citizen of the Kyrgyz Republic shall be guaranteed effective legal assistance and defense of the rights and freedoms provided for by the Constition.

Art. 41. The publication of laws and other normative legal acts concerning the rights, freedoms and duties of an individual and a citizen shall be a compulsory condition for their application.

CHAPTER THREE

THE PRESIDENT

Art. 42. (1) The President of the Kyrgyz Republic shall be the head of the State, shall represent the Kyrgyz Republic inside the country and in foreign relations.

(2) The President of the Kyrgyz Republic shall secure the unity of the State, stability of the Constitutional order, he shall act in the capacity of the guarantor of the Constitution and laws, the rights and freedoms of citizens of the Kyrgyz Republic and shall provide for the coordinated functioning and interaction of national bodies.

SECTION ONE: THE ELECTION OF THE PRESIDENT

Art. 43. (1) the President of the Kyrgyz Republic shall be elected for a term of five years.

(2) The same person shall not be elected President for more than two terms running.

(3) A citizen of the Kyrgyz Republic may be elected President of the Kyrgyz Republic if he is not younger than 35 years of age and is not older than 65 years of age, who has command of the official language and have been a resident of the republic for not less than 15 years before the nomination of his candidature to the office of President.

(4) The President of the Kyrgyz Republic shall not be a Deputy of the Jogorku Kenesh, shall not hold other posts and engage in free enterprise activity.

(5) The President of the Kyrgyz Republic shall suspend his activity in political parties and organizations during the term of office until the beginning of a new election for President of the Kyrgyz Republic.

Art. 44. (1) A new election for the office of President of the Kyrgyz Republic shall be held two months before the date on which the Powers of the President of the Kyrgyz Republic expire.

(2) The President of the Kyrgyz Republic shall be elected by citizens of the Kyrgyz Republic by a majority of actual votes cast; elections shall be held on the basis of universal, equal, and direct suffrage by secret ballot.

(3) The number of candidates for the office of President of the Kyrgyz Republic shall not be limited. Any person who has registered and has obtained not less than 50,000 voter signatures may be a candidate for President of the Kyrgyz Republic.

(4) The election of the President shall be considered valid if more than fifty per cent of all voters in the republic have taken part in the election.

In the first ballot, a candidate shall be considered elected to the office of President if he has obtained more than half of those votes cast in the election.

If none of the candidates obtains more than half of the votes cast in the first ballot, only the two candidates who have obtained the largest number of votes shall appear on the second ballot. A candidate who obtains more than half of the votes cast in the second ballot shall be considered elected if not less than fifty per cent of all voters have taken part in the second ballot.

Art. 45. (1) The results of the election for President of the Kyrgyz Republic shall be confirmed by the Constitutional Court of the Kyrgyz Republic not later than seven days after the date of the election.

(2) After the Chairman of the Supreme Court of the Kyrgyz Republic announces the results of voting, the President shall take the oath of office within 30 days.

(3) Upon entry into office, the President of the Kyrgyz Republic shall take an oath before the People of Kyrgyzstan:

"I,_________, taking on the obligations of President of

the Kyrgyz Republic, before my People and the sacred

Motherland of Ala-Too do swear: to observe and protect

the Constitution and laws of the Kyrgyz Republic; to guard

the Sovereignty and independence of the Kyrgyz State; to

respect and guarantee the rights and freedoms of all

citizens of the Kyrgyz Republic; to perform faithfully

the high duties of the President of the Kyrgyz Republic

entrusted to me by the confidence of all the People!"

(4) The term of the Presidential mandate shall become effective from the moment of taking the oath of office. The Powers of the President shall terminate upon the moment a newly-elected President enters office.

SECTION TWO: THE POWERS OF THE PRESIDENT

Art. 46. (1) The President of the Kyrgyz Republic shall:

1) determine the structure of the Government of Kyrgyz

Republic and submit it to the confirmation by the

Jogorku Kenesh;

2) appoint the Prime Minister of the Kyrgyz Republic with

the consent of the Jogorku Kenesh;

3) appoint members of the Government upon presentation

by the Prime Minister and with the consent of the Jogor-

ku Kenesh;

4) relieve members of the Government and heads of admin-

istrative departments of the Kyrgyz Republic;

5) accept the resignation of the Government; on his own

initiative with the consent of the Jogorku Kenesh

shall take a decision on withdrawal of the Powers of

the Government before the date the Powers of the

Government expire.

(2) The President of the Kyrgyz Republic shall:

1) appoint with the consent of the Jogorku Kenesh the Pro-

curator-General of the Kyrgyz Republic;

2) appoint with consent of the Jogorku Kenesh Chairman of

the Board of the National Bank of the Kyrgyz Republic;

3) appoint upon presentation by the Prime Minister and

with the consent of the corresponding local Keneshs'

Heads of state administrations of oblasts and the city

of Bishkek;

4) approve Heads of regional and city state administrations

nominated by the Prime Minister with the consent of

local Keneshs upon presentation by the Heads of state

administrations of regions and the city of Bishkek;

5) present to the Jogorku Kenesh the candidatures for the

office of Chairman of the Constitutional Court of the

Kyrgyz Republic, Deputy Chairman and seven judges of the

Constitutional Court of the Kyrgyz Republic;

6) present to the Jogorku Kenesh the candidatures for the

offices of Chairman of the Supreme Court, the Supreme

Economic Court of the Kyrgyz Republic, Deputy Chairmen

and judges of the Supreme Court and the Supreme Economic

Court of the Kyrgyz Republic;

7) appoint with the consent of the Jogorku Kenesh Chairmen,

deputy Chairmen and judges of regional courts, the court

of the city of Bishkek, district and city courts, re-

gional economic courts as well as military tribunals of

the Kyrgyz Republic and remove them from office in the

events prescribed by the Constitution and laws;

8) appoint with the consent of the Jogorku Kenesh Heads of

diplomatic missions of the Kyrgyz Republic in foreign

countries and international organizations;

9) receive the Letters of Credence and Recall of diplomatic

missions of foreign countries and representatives of

international organizations accredited to him;

10) confer high military ranks, diplomatic ranks, class

ranks and other special titles.

(3) The President of the Kyrgyz Republic shall:

1) decide the matters concerning granting citizenship of

the Kyrgyz Republic and withdrawal from it, grant pardons;

2) award orders and medals as well as other state rewards

of the Kyrgyz Republic; award honorary ranks and state

bonuses of the Kyrgyz Republic.

(4) The President of the Kyrgyz Republic shall:

1) on his own initiative submit bills to the Jogorku

Kenesh;

2) sign within a two week term laws after their adoption

by the Jogorku Kenesh or refer them to the Jogorku

Kenesh with his remarks for a second consideration.

If the Jogorku Kenesh confirms the previously taken

decision by a majority of 2/3rds from the total number

of deputies, the President of the Kyrgyz Republic shall

sign the law; if the President does not express his

attitude to the law within a two week term and does not

demand its second consideration, he shall be obliged

to sign that law;

3) address the People with an annual report on the situ-

ation in the Republic announced in the Jogorku Kenesh;

4) conduct international negotiations and sign interna-

tional treaties of the Kyrgyz Republic; submit them

for ratification to the Jogorku Kenesh;

5) have the right to portest to the Constitutional Court

of the Kyrgyz Republic against a law adopted by the

Jogorku Kenesh or an international treaty ratified

by the Jogorku Kenesh;

6) abolish or suspend the effect of acts of the Govern-

ment of the Kyrgyz Republic, Ministries, state com-

mittees and administrative departments of the Kyrgyz

Republic, Heads of local state administration in

case they contravene the Constitution and Laws of the

Kyrgyz Republic.

(5) The President of the Kyrgyz Republic shall have the

right to:

1) convene an extraordinary session of the Uluk Kenesh;

2) submit issues of state life to a public referendum;

3) dissolve the Jogorku Kenesh before the date on which

its Powers expire in accordance with the results of

a public referendum and set up the date of a new

election to the Jogorku Kenesh.

(6) The President of the Kyrgyz Republic shall notify of a

possibility of introduction of a state of emergency

with the existence of grounds envisaged by law and in

case of necessity shall impose it in separate locali-

ties without preliminary announcement and immediately

notify the Jogorku Kenesh.

(7) The President of the Kyrgyz Republic shall declare uni-

versal or partial mobilization, declare a state of war

in case of military aggression against the Kyrgyz Re-

public and shall immediately submit this issue to the

consideration by the Jogorku Kenesh; he shall proclaim

martial law in the interests of defense of the country

and security of the population and shall immediately

submit this issue to the consideration by the Jogorku

Kenesh.

Art. 47. The President of the Kyrgyz Republic shall be the Commander-in-chief of the Armed Forces, he shall appoint and replace the command-in-chief of the Armed Forces of the Kyrgyz Republic.

Art. 48. (1) The President of the Kyrgyz Republic shall issue within his Powers on the basis and for the implementation of the Constitution of the Kyrgyz Republic decrees binding upon the whole territory of the country.

(2) The President of the Kyrgyz Republic shall issue resolutions and instructions on separate matters referred to his competence.

Art. 49. The President of the Kyrgyz Republic may delegate the execution of his Powers envisaged in subpoint 9 of point 2 and in subpoint 4 of point 4 of Article 46 to the Toroga of the Jogorku Kenesh.

Art. 50. The President of the Kyrgyz Republic shall enjoy the right of integrity and immunity.

Art. 51. (1) The Powers of the President may be stopped as a result of his retirement by a resignation sent to the Jogorku Kenesh, inability to discharge his Powers in the event of a disease, in case of his death as well as in the event of removal from office in the events envisaged in the present Constitution.

(2) In case the President of the Kyrgyz Republic is inable to discharge his Powers on the account of a disease, the Jogorku Kenesh shall on the basis of the conclusion of an independent medical commission decide on the removal of the President of the Kyrgyz Republic before the date on which the Powers of the President expire; a majority of not less than 2/3rds of votes from the total number of Deputies of the Jogorku Kenesh shall be required to remove the President.

Art. 53. (1) In case of inability of the President of the Kyrgyz Republic to exercise his Powers on any reason they shall be delegated to the Toroga of the Jogorku Kenesh pending the election of a new President. In case the Toroga of the Jogorku Kenesh is inable to discharge the powers of the President they shall be delegated to the Prime Minister.

(2) The election of a new President of the Kyrgyz Republic in this case shall be held within three months.

CHAPTER FOUR

THE JOGORKU KENESH

SECTION ONE

THE ELECTION OF THE JOGORKU KENESH

Art. 54. (1) The Jogorku Kenesh of the Kyrgyz Republic shall be the highest standing representative body. The legislative power and functions of control shall be vested in the Jogorku Kenesh.

(2) The Jogorku Kenesh shall consist of 105 Deputies who shall be elected for a term of five years. The procedure of election of the Deputies shall be determined by the Constitutional act.

Art. 55. (1) Deputies of the Jogorku Kenesh shall be elected from electoral districts on the basis of universal, equal and direct suffrage by secret ballot.

(2) A voter from every electoral district shall have one vote. Voters shall take part in the election directly and on equal grounds.

Art. 56. (1) A citizen of the Kyrgyz Republic may be elected Deputy of the Jogorku Kenesh if he has attained the age of 25 and permanently resided in the Republic for not less than 5 years.

(2) Deputy of the Jogorku Kenesh shall be a representative of the People of Kyrgyzstan, shall be subordinate to the Constitution of the Kyrgyz Republic and his conscience.

(3) Deputy of the Jogorku Kenesh shall have the right to integrity and immunity. He may not be persecuted for his statements expressed in accordance with his activity of a Deputy and for the results of his voting in the Jogorku Kenesh. A Deputy shall not be detained or arrested, subject to search or individual examination except when he is caught in the act. Provisional commissions of the Jogorku Kenesh shall examine the validity of measures taken by the competent bodies and if these measures have not been taken by a court, the Jogorku Kenesh shall invalidate them. A Deputy may be prosecuted for criminal or administrative activity only with the consent of the Jogorku Kenesh.

(4) A Deputy of the Jogorku Kenesh shall have no right to hold any posts in state service, judicial bodies, or engage in business activity.

(5) A Deputy of the Jogorku Kenesh may be deprived of his mandate only in case of his registration, commitment of a crime, disability confirmed not otherwise than by a motivated resolution of the Jogorku Kenesh.

Art. 57. A Deputy of the Jogorku Kenesh shall have the right to address inquiries to bodies and officials of state administration, who are obliged to respond to the inquiry at the session of the Jogorku Kenesh.

SECTION TWO

THE POWERS OF THE JOGORKU KENESH

Art. 58. The following powers shall be vested in the Uluk Kenesh:

1) to amend and change the Constitution of the Kyrgyz Re-

public in accordance with the procedure established by

the Constitution;

2) to adopt laws of the Kyrgyz Republic; to amend laws and

to exercise control over their fulfillment;

3) to make official interpretation of the adopted normative

acts;

4) to determine the guidelines of home and foreign policy;

5) to approve the republic Budget of the Kyrgyz Republic

and the report on its execution;

6) to determine the monetary system in the Kyrgyz Republic;

7) to change the bounds of the Kyrgyz Republic;

8) to decide the matters concerning administrative terri-

torial structure of the republic;

9) to set up the date of election for President of the

Kyrgyz Republic;

10) to organize the Central Commission on election and re-

ferenda;

11) upon presentation by the President of the Kyrgyz Repub-

lic to elect the Chairman of the Constitutional Court

of the Kyrgyz Republic, Deputy Chairman and seven

judges of the Constitutional Court of the Kyrgyz Re-

public;

12) upon presentation by the President of the Kyrgyz Re-

public to elect the Chairman of the Supreme Court, the

Chairman of the Supreme Economic Court of the Kyrgyz

Republic, Deputy Chairmen and judges of the Supreme

Court and the Supreme Economic Court of the Kyrgyz

Republic;

13) to determine the structure of the Government of

Kyrgyz Republic;

14) to give consent to the appointment of the Prime Minis-

ter of the Kyrgyz Republic and the composition of the

Government of the Kyrgyz Republic, the Procurator-

General of the Kyrgyz Republic and the Chairman of

the Board of the National Bank;

15) to give consent to the appointment of heads of diplo-

matic missions of the Kyrgyz Republic to foreign

countries and international organizations;

16) to give consent to the dissolution of the Government

before the date on which the Powers of the Government

expire;

17) upon presentation by the Toroga of the Jogorku Kenesh

to appoint the Chairman and Deputy Chairmen of the

Supervisory Chamber of the Jogorku Kenesh;

18) to ratify and denounce international treaties; to

decide issues of war and peace;

19) to institute military ranks, diplomatic ranks, class

ranks and other special titles of the Kyrgyz Republic;

20) to establish state awards and honorary titles of the

Kyrgyz Republic;

21) to issues acts on amnesty;

22) to impose a state of emergency or to confirm and

abolish the act of the President of the Kyrgyz Republic

on this issue; the resolution of the Jogorku Kenesh

approving the decision of the President to impose a

state of emergency shall be adopted by a majority of

not less than 2/3rds from the total number of Deputies

of the Jogorku Kenesh;

23) to proclaim martial law, announce a state of war and

to issue a resolution concerning their declaration by

the President of the Kyrgyz Republic;

24) to decide on the use of the contingent of the Armed

Forces of the republic when it is necessary to support

peace and security in accordance with intergovernmental

treaty obligations;

25) to hear reports of the bodies formed or elected by it as

well as reports of officials appointed or elected by it;

in case when it is necessary, to decide the question of

confidence to the Government of the republic or its in-

dividual member by a majority of 2/3rds from the total

number of Deputies by secret ballot;

26) to submit the matters of state life to a referendum;

27) to decide the matter concerning the removal of officials

in the events specified in Article 52 and point 1 of

Article 81 of the present Constitution.

Art. 59. (1) The Jogorku Kenesh shall elect the Toroga and Deputy Toroga from among Deputies, form committees, Supervisory Chamber, and provisional commissions.

(2) The Toroga of the Jogorku Kenesh shall be elected by secret ballot. He shall be accountable to the Jogorku Kenesh and may be relieved from his office by the decision of the Jogorku Kenesh taken by a majority of not less than 2/3rds of the total number of the Deputies.

(3) Tot Toroga of the Jogorku Kenesh shall preside at the sessions of the Jogorku Kenesh, exercise general control over the preparation of the matters liable to consideration at the sessions of the Jogorku Kenesh and its Presidium and shall be responsible for their internal order, sign resolutions and decisions adopted by the Jogorku Kenesh and its Presidium and shall exercise other powers vested in it by the Constitutiona and laws of the Kyrgyz Republic.

(4) Deputy Torogas of the Jogorku Kenesh shall be elected by secret ballot, they shall carry out on the commission of the Toroga his separate functions and act as Toroga in case of his absense or inability to discharge his Powers.

Art. 60. (1) The Toroga, Deputy Torogas, Chairmen of committees shall form the Presidium of the Jogorku Kenesh.

(2) The Presidium of the Jogorku Kenesh shall be accountable to the Jogorku Kenesh and shall provide the organizatioan of its activity.

(3) The Presidium shall prepare the sittings of the Jogorku Kenesh, coordinate the activity of committees and provisional commissions, organize nation-wide discussion of draft laws of the Kyrgyz Republic and other important issues of state life.

(4) The Presidium shall publish texts of laws of the Kyrgyz Republic and other acts adopted by the Jogorku Kenesh.

Art. 61. Committees and provisional commissions of the Jogorku Kenesh shall conduct law drafting works, preliminary consider questions referred to competence of the Jogorku Kenesh, supervise the implementation of adopted laws and decisions.

Art. 62. The procedure of activity of the Jogorku Kenesh shall be determined by rules.

Art. 63. The Jogorku Kenesh may be dissolved before the date on which its Powers expire by the decision taken by not less than 2/3rds of the total number of Deputies or on the results of a nation-wide referendum.

SECTION THREE

THE LEGISLATIVE ACTIVITY OF THE JOGORKU KENESH

Art. 64. The right to initiate laws shall be vested in Deputies of the Jorgorku Kenesh, the President of the Kyrgyz Republic, the Government of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Economic Court of the Kyrgyz Republic and people's initiative - 30,000 of electors.

Art. 65. A bill submitted to the Jogorku Kenesh shall be discussed in the committees after which the bill shall be referred to the Presidium which shall send it for consideration to the Jogorku Kenesh.

Art. 66. (1) The bill shall be considered passed if it has been voted for by a majority of the total number of Deputies of the Jogorku Kenesh.

(2) In case of amending or changing the Constitution of the Kyrgyz Republic, adoption of the constitutional acts and amending them not less than 2/3rds of votes from the total number of Deputies of the Jogorku Kenesh shall be required.

(3) Amending the Constitution and constitutional acts shall be prohibited during a state of emergency and martial law.

Art. 67. A law shall become effective since the moment of its publication if not indicated otherwise in the law itself or in the resolution of the Jogorku Kenesh on the procedure of its implementation.

Art. 68. A referendum shall be held by the proposal of not less than 300,000 of electors of 1/3rd of the total number of Deputies of the Jogorku Kenesh.

CHAPTER FIVE

THE EXECUTIVE POWER

Art. 69. The Executive Power in the Kyrgyz Republic shall be vested in the Government of the Kyrgyz Republic, accountable to it ministries, state committees, administrative departments, and local state administration.

SECTION ONE

THE GOVERNMENT

Art. 70. (1) The Government of the Kyrgyz Republic shall be the highest executive body of State Power in the Kyrgyz Republic.

(2) The activity of the Government of the Kyrgyz Republic shall be headed by the Prime Minister of the Kyrgyz Republic. The Government of the Kyrgyz Republic shall consist of the Prime Minister of the Kyrgyz Republic, Vice-Prime Ministers, Ministers and Chairmen of state committees of the Kyrgyz Republic.

(3) The structure of the Government shall be determined by the President of the Kyrgyz Republic upon presentation of the Prime Minister and shall be approved by the Jogorku Kenesh.

Art. 71. The Prime Minister of the Kyrgyz Republic shall:

- present to the President the candidatures for the office

of members of the Government;

- form and abolish administrative departments of the Kyrgyz

Republic;

- appoint Heads of administrative departments;

- present to the President the candidatures for the office

of heads of regional state administrations and state ad-

ministration of the city of Bishkek;

- appoint with the consent of local keneshs Heads of dis-

trict and town state administrations upon presentation

by Heads of state administrations of regions and the

city of Bishkek and remove them from office.

The decisions by the Prime Minister concerning appointment and removal shall become effective after they have been approved by the President of the Kyrgyz Republic.

Art. 72. (1) The President of the Kyrgyz Republic shall exercise control over the work of the Government of the Kyrgyz Republic. The President shall have the right to preside at the sitting of the Government.

(2) The annual report on the work of the Government shall be submitted to the Jogorku Kenesh by the Prime Minister. The Jogorku Kenesh shall have the right to demand the report from the Government or its individual members.

Art. 73. (1) The Government of the Kyrgyz Republic shall decide all matters of state governing except of administrative and supervisory authorities vested in the President of the Kyrgyz Republic and the Jogorku Kenesh by the Constitution.

(2) The Government of the Kyrgyz Republic shall:

- prepare the republican budget, submit it to the Jogorku

Kenesh and provides its implementation;

- pursue budgetary, financial, tax, and price policy;

- organize and manage state property;

- take measures to provide the rule of law, the rights and

freedoms of citizens, protection of property and public

order, fight with criminality.

(3) The Government of the Kyrgyz Republic and the National Bank of Kyrgyzstan shall provide for a sole monetary, credit, and currency policy.

Art. 74. The Government of the Kyrgyz Republic shall issue decrees and ordinances binding throughout the territory of the Kyrgyz Republic for all bodies, organizations, officials and citizens and organize, supervise and secure their fulfillment.

Art. 75. (1) The Government of the Kyrgyz Republic shall guide the activity of ministries, state committees, administrative departments and bodies of local state administration.

(2) Ministries, state committees and administrative departments shall issue within their competence decrees and ordinances on the basis and for the implementation of the Constitution, laws of the Kyrgyz Republic, resolutions of the Jogorku Kenesh, acts of the President, organize, verify and secure their implementation.

(3) The Government shall hear reports of the Heads of local state administration, invalidate the acts of the Heads of local state administration which contravene the legislation with further notice of the President.

Art. 76. The Procuracy of the Kyrgyz Republic shall within its competence supervise the precise and universal observation of legislative acts.

The bodies of the Procuracy shall exercise criminal pursuit, participate in judicial proceedings in cases and in the procedure prescribed by law.

SECTION TWO

LOCAL STATE ADMINISTRATION

Art. 77. (1) The executive power in regions, districts and towns shall be vested in local state administration directed by the Heads of the local state administration.

(2) The executive power in ails and settlements shall be vested in the chairmen of the corresponding ail and settlement keneshs.

Art. 78. (1) The heads of local state administration and the chairmen of ail and settlement keneshs shall act under the guidance of the Government.

(2) Decisions reached by the heads of local state administration or by the chairmen of ail and settlement keneshs within their competence shall be binding throughout the corresponding territory.

CHAPTER SIX

COURTS AND JUSTICE

Art. 79. (1) Justice in the Kyrgyz Republic shall be administered only by the courts.

(2) In the Kyrgyz Republic there shall be the following courts: the Constitutional Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Economic Court of the Kyrgyz Republic and local courts ( courts, courts of the city of Bishkek, district and municipal courts, regional economic courts, military tribunals as well as courts of elders and courts of arbitration).

The creation and establishment of extraordinary or special courts and judicial positions ______________ be allowed.

(3) The status of courts and judges in the Kyrgyz Republic shall be specified by the constitutional laws. The organization of and procedure for court operation shall be specified by law.

(4) A judge shall be subordinate only to the Constitution and the Law. A judge shall enjoy the right to integrity and immunity and in accordance with his status shall be provided with social, material, and other guarantees of his independence.

Art. 80. (1) A citizen of the Kyrgyz Republic may serve as a judge on the Constitutional Court, the Supreme Court or the Supreme Economic Court of the Kyrgyz Republic if he is not younger then 35 years of age and not older than 70 years of age, who have higher legal education and not less than 10 years of experience in the legal profession.

Judges of the Constitutional Court of the Kyrgyz Republic shall be elected for a term of fifteen years by the Jogorku Kenesh upon presentation by the President of the Kyrgyz Republic.

Judges of the Supreme Court and the Supreme Economic Court of the Kyrgyz Republic shall be elected for a term of ten years by the Jogorku Kenesh upon presentation by the President of the Kyrgyz Republic.

(2) A citizen of the Kyrgyz Republic may serve as a judge on a local court if he is not older than 65 years of age, has higher legal education and not less than 5 years of experience in the legal profession.

Judges of local courts shall be appointed by the President of the Kyrgyz Republic with the consent of the Jogorku Kenesh; the first term shall be for 3 years, and subsequent terms shall be for 7 years.

Art. 81. (1) Judges of the Constitutional Court, the Supreme Court and the Supreme Economic Court of the Kyrgyz Republic may be removed from office for treason and other offenses by the Jogorku Kenesh on the basis of the judgement of the Constitutional Court of the Kyrgyz Republic; the majority of not less than 2/3rds of the votes of the total number of Deputies shall be required to remove a judge from office.

(2) Judges of local courts may be removed from office on the basis of their health, at their personal request, according to the results of examinations, for the violation of law or dishonorable conduct incompatible with their high position as well as on the basis of a binding court judgement.

A judge of a local court may be prosecuted for criminal activity with the consent of the Constitutional Court of the Kyrgyz Republic.

Art. 82. (1) The Constitutional Court shall be the highest body of judicial power for the protection of the Constitution of the Kyrgyz Republic.

(2) The Constitutional Court shall consist of the Chairman, the Deputy Chairman and seven judges of the Constitutional Court.

(3) The Constitutional Court shall:

1) declare laws and other normative legal acts unconsti-

tutional in the event they contravene the Constitution;

2) decide disputes concerning the effect, application and

interpretation of the Constitution;

3) determine the validity of the elections for President

of the Kyrgyz Republic;

4) issue a judgement concerning the removal from office of

the President of the Kyrgyz Republic as well as judges

of the Constitutional Court, the Supreme Court, the

High Court of Arbitrage of the Kyrgyz Republic;

5) give its consent for the criminal prosecution of judges

of local courts;

6) issue a judgement concerning amendments and changes to

the Constitution of the Kyrgyz Republic;

7) annul the decisions of bodies of local self-government

which contravene the Constitution of the Kyrgyz Re-

public;

8) render decisions concerning the constitutionality of

practices in the application of laws which affect the

constitutional rights of citizens.

(4) A decision of the Constitutional Court shall be final and no appeal will be heard.

If the Constitutional Court declares laws or other acts unconstitutional, such laws or acts shall no longer be in effect on the territory of the Kyrgyz Republic; such a finding shall also annul normative and others which are based on the act declared unconstitutional.

Art. 83. (1) The Supreme Court of the Kyrgyz Republic shall be the highest body of judicial power in the sphere of civil, criminal and administrative court action.

(2) The Supreme Court of the Kyrgyz Republic shall supervise the operation of the court of the city of Bishkek, regional, municipal courts and military tribunals of the Kyrgyz Republic.

Art. 84. (1) The Supreme Economic Court of the Kyrgyz Republic and regional economic courts shall form a single system of economic courts of the Kyrgyz Republic.

(2) Economic Courts shall decide economic disputes between objects of economy based on different forms of property.

(3) The Supreme Economic Court of the Kyrgyz Republic shall supervise the operation of regional economic courts of the Kyrgyz Republic.

Art. 85. (1) Courts of elders and courts of arbitration may be established on the territory of ails, settlements, cities by the decision of citizens' meetings from among elder people and other citizens held in respect and authority.

(2) Courts of elders and courts of arbitration shall consider property, family disputes and other cases envisaged by law referred to them by the arguing parties with the purpose of conciliation and passing a just decision which do not contravene the law.

(3) The decisions of courts of elders and courts of arbitration may be appealed to the corresponding regional and municipal courts of the Kyrgyz Republic.

Art. 86. (1) The decisions of courts of the Kyrgyz Republic which have come into force shall be binding upon all state bodies, economic objects, public organizations, officials, and citizens on the territory of the republic.

(2) Non-execution of court decisions which came into force as well as interference with the activity of courts shall lead to responsibility established by law.

Art. 87. (1) A court shall have no right to adopt a normative act which contravenes the Constitution of the Kyrgyz Republic.

(2) If in the process of consideration of a case in any judicial instance there arises a doubt on the constitutionality of a law of any other act on which the decision of the case depend, the court shall send an inquiry to the Constitutional Court of the Kyrgyz Republic.

Art. 88. (1) A citizen shall have the right to defense of his dignity and rights in trial in case of any public or other accusation; under no circumstances shall he be denied such court defense.

(2) The defense shall be an inalienable right of a person at any stage of consideration of a case.

Citizens without financial means shall be given legal assistance and defense at the expense of the Government.

(3) Every participant of a trial shall have the right to be heard.

Art. 89. (1) The burden of proving guilt on criminal and administrative cases is on the procurator.

(2) Evidences received by way of violation of law shall not be acknowledged; reference to them in trial shall not be allowed.

Art. 90. Principles of justice established by the Constitution shall be universal and single for all courts and judges in the Kyrgyz Republic.

CHAPTER SEVEN

LOCAL SELF-GOVERNMENT

Art. 91. Matters of life of the population of ails, towns, districts, regions which are of local significance shall be decided on the basis of local self-government functioning along with the State Power.

Art. 92. Local self-government in ails, settlements, districts and regions shall be exercised by local keneshs, elected by the population of the corresponding territorial units.

Art. 93. Laws of the Kyrgyz Republic shall establish the fundamentals of the organization and functioning of local self-government as well as they shall regulate the relation between local self-government and bodies of local state administration.

Art. 94. Chairmen of ail and settlement keneshs shall be heads of local self-government and shall perform the functions of local state administration.

Art. 95. (1) Local keneshs shall:

- approve and exercise control over the programs of social

and economic development on the territory and social pro-

tection of the population;

- approve the local budget and report on its implementation;

as well as they shall hear information on the use of

extra-budgetary funds.

(2) Local keneshs of districts, towns, and regions shall have the right to take the vote of no confidence to the Head of local state administration of the corresponding territorial unit.

(3) Local keneshs shall operate irrespective of local state administration.

(4) Local keneshs within their powers shall adopt acts binding throughout their territory.

CHAPTER EIGHT

THE PROCEDURE FOR AMENDMENTS AND ADDITIONS TO

THE CONSTITUTION OF THE KYRGYZ REPUBLIC

Art. 96. (1) Amendments and additions to the present Constitution shall be adopted by the Jogorku Kenesh upon presentation by the President of the Kyrgyz Republic by the majority of not less than 1/3rd of the Deputies of the Jogorku Kenesh of the Kyrgyz Republic or not less than 300,000 citizens of the Kyrgyz Republic.

(2) Proposals concerning amending and changing the Constitution of the Kyrgyz Republic shall be considered by the Jogorku Kenesh of the Kyrgyz Republic on receipt of the judgement of the Constitutional Court of the Kyrgyz Republic not earlier than in three months and not later than six months since the date of their registration.

(3) The wording of amendments and additions to the Constitution of the Kyrgyz Republic may not be changed in the course of their discussion by the Jogorku Kenesh.

Art. 97. (1) Amendments and additions to the Constitution of the Kyrgyz Republic shall be deemed adopted if they have received 2/3rds of votes of the total number of Deputies of the Jogorku Kenesh.

(2) The proposal which has not been passed may be submitted for a second consideration not earlier than in a year.