Constitution of Kyrgyz Republic
Adopted on the twelfth session of the Supreme
Council of the Kyrgyz Republic of the twelfth assembly on May 5, 1993, changed
and amended by the Law of the Kyrgyz Republic on Changes and Amendments to the
Constitution of the Kyrgyz Republic of February 17,
1996 passed by the Referendum of Februarys 10, 1996
TABLE OF CONTENTS
Chapter One. KYRGYZ REPUBLIC
Chapter Five. EXECUTIVE POWDER
Section
One. GENERAL PRINCIPLES
Section
One. THE GOVERNMENT
Section Two. THE STRUCTURE AND ACTIVITIES Section Two. LOCAL AND STATE
OF THE STATE ADMINISTRATION
Section Three. THE
PROCURATOR'S
GENERAL OFFICE
Chapter Two. CITIZENS
Chapter
Six. COURTS AND JUSTICE
Section
One. CITIZENSHIP
Section
Two. RIGHTS AND FREEDOMS OF CITIZEN
Section
Three. RIGHTS AND DUTIES OF A CITIZEN
Chapter Three. PRESIDENT Chapter Seven. LOCAL
Section
One.
ELECTION SELF-ADMINISTRATION
Section
Two. POWERS OF THE PRESIDENT
Chapter Four. THE JOGORKU KENESH
Section One.
POWERS OF THE LEGISLATIVE
Chapter
Eight. THE PROCEDURE OF
ASSEMBLY AND ASSEMBLY OF
PEOPLE’S
AMENDING AND SUPPLEMENTING
REPRESENTATIVES THE CONSTITUTION OF THE
Section Two. KYRGYZ REPUBLIC
LEGISLATIVE ACTIVITIES
We,
the People of
Kyrgyzstan, striving to provide national revival
of the Kyrgyz, the
protection and development of all nationalities, forming along with the Kyrgyz
the people of Kyrgyzstan, based on the commandment of the ancestors to live in
unity, peace and concordance: confirming our devotion to human rights and
freedoms and to the idea of national statehood; full of resolution
to develop the economy, political and legal institutes, and culture for
providing a decent level of life for everyone, proclaiming our devotion
to common human moral values of national traditions, wishing to confirm
ourselves as a free and democratic civil society among the peoples of the
world, in the face of our authorized representatives, hereby adopt this
Constitution.
Chapter One
THE KYRGYZ REPUBLIC
Section One. GENERAL PRINCIPLES
1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary,
democratic Republic, based on the fundamentals of the rule of law; the Kyrgyz
Republic is a secular state.
2. The sovereignty of the
Kyrgyz Republic is not restricted and shall extend throughout its entire
territory.
3. The people of Kyrgyzstan shall bear the sovereignty and the only
source of state power in the Kyrgyz Republic.
4. The people of the Kyrgyz Republic shall exercise its power
directly and through the system, based on this Constitution and the laws of the
Kyrgyz Republic.
Only the Jogorku Kenesh
and the President of the Kyrgyz Republic, elected by the People of the Kyrgyz
Republic, shall be entitled to act on behalf of the People of the Kyrgyz
Republic.
5. Amendments and supplements to the Constitution of the Kyrgyz
Republic, the Laws of the Kyrgyz Republic, and other important matters of state
life may be referred to a referendum (nationwide vote). The grounds and procedure of holding a
referendum shall be established by Constitutional Act.
6. Citizens of the Kyrgyz Republic shall elect the President,
deputies of the Legislative Assembly of the Jogorku Kenesh and the Assembly of
People's Representatives of the Jogorku Kenesh and their representatives to the
bodies of self-administration.
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
1. The State
and its bodies shall serve the whole society, and not any particular group
2. No group
of people, organization, or individual shall be entitled to assume the power of
the State. The
usurpation of State Power
shall be the gravest crime (felony).
1. The
territory of the Kyrgyz Republic, within its present boundaries, shall be
inviolable and indivisible.
2. For the
purposes of organizing state government, the territory of the Kyrgyz Republic
shall be divided into
administrative territorial
units, determined by the law.
1. Property in the Kyrgyz Republic may be state-owned and
private. The Kyrgyz Republic guarantees
the diversity of the forms of property and equal protection thereof by the law.
2. Land, minerals, water, air space, forests, flora and fauna, and
all natural resources of the Kyrgyz Republic shall be the property of the
State.
3. Plots of land may be assigned to citizens and associations
thereof for private use, in the events and in the amounts, provided by the
law. Purchase and sale of land shall
not be allowed.
4. The Kyrgyz Republic shall protect the rights of its citizens and
legal entities to own property, and shall protect their property and
state-owned property, located on the territory of other states.
1. The state language of the Kyrgyz Republic shall
be Kyrgyz.
2 The Kyrgyz Republic
shall guarantee the preservation, equality and free development and functioning
of the Russian language and all other languages, used by the population of the
Republic.
3. Infringement of the rights of citizens on the grounds of
ignorance or bad conunand of the state language shall not be allowed.
The Kyrgyz Republic shall
have state symbols - the Flag, Emblem, and. anthem The capital of the Kyrgyz
Republic shall be the City of Bishkek.
The unit of currency of the Kyrgyz Republic shall be the Som.
Section Two THE STRUCTURE AND ACTIVITIES OF THE
STATE
1
State power in the Kyrgyz Republic shall be based on the following principles
* the
supremacy of the power of the people, which is represented and ensured by the
nationally elected head of the state - the President of the Kyrgyz Republic;
* division
of state power into legislative, executive, and judicial branches, and of their
coordinated functions and interaction;
* responsibility
of state organs to the people and execution of these organs' powers in the
interests of the people;
* separation
of the functions of state power and local self-administration.
2. Within the bounds of authority established
bv this Constitution, the following represent and execute the state power in
the Kyrgyz Republic:
·
the President of the
Kyrgyz Republic;
·
the Jogorku Kenesh of
the Kyrgyz Republic, which consists of two houses: the Legislative Assembly of
the Jogorku Kenesh and the Assembly of People's Representatives of the Jogorku
Kenesh;
·
the Government of the
Kyrgyz Republic and local state Administrations;
·
the Constitutional
Court, the Supreme Court, the Higher Arbitration Court and courts and judges of
the system of justice;
Article 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 or 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 self-administration;
· to form
fractions in representative bodies;
3. Religions
and all cults shall be separated from the State.
4. The
following shall not be allowed in the Kyrgyz Republic:
· amalgamation
of State and party institutions, as well as subordination of State activity to
party programs and decisions;
· formation
and activity of party organizations in state institutions and establishments;
government employees shall be entitled to carry out the party activities out of
their offices;
· membership
and activity in support of any political party by military men, officials in
the organs of internal affairs, national security, justice, procuracy and
courts;
· formation
of political parties on religious grounds Religious organizations must not
pursue political goals and objectives;
interference
by members of religious organizations and
cults with
the activity of state bodies;
activities
of political parties of foreign countries.
1. The Kyrgyz
Republic does not pursue the policy of expansion, aggression and territorial
claims, resolved by military force. It
shall reject any kind of militarization of national life, subordination of the
state or its activity for the purposes of conducting a war. Military forces of the Kyrgyz Republic shall
be organized in accordance with the principles of self-defense and defensive
sufficiency.
2. The right
to conduct a war shall not be acknowledged, unless there is aggression against
Kyrgyzstan and other states, bound by obligations of the collective
defense. In any event, a military unit
may cross the borders of the Kyrgyz Republic only with the permission of no
less than two thirds of the total number of the deputies of the Legislative Assembly
of the Jogorku Kenesh.
3. The use of
military forces for resolution of internal State political issues shall be
prohibited. Military personnel may be
called upon in case of natural disasters, or other similar cases, directly
provided by the law.
4. The Kyrgyz
Republic seeks universal and just peace, mutually beneficial cooperation,
resolution of global and regional problems in a peaceful way, and shall observe
the universally recognized principles of international law.
Actions
aimed at disturbing the peaceful co-existence of
people,
propaganda and encouragement of ethnic clashes shall
be deemed
unconstitutional.
1. A
state of emergency in Kyrgyzstan may be introduced in Kyrgyzstan only in the
events of natural calamity, direct threat to the constitutional system, mass
riots, accompanied by the violence and threat to lives of people, as well as in
the circumstances and within the limits of the terms, provided by the
constitutional law.
2. A
state of emergency throughout the territory of the Kyrgyz Republic may be
imposed only by the Legislative Assembly, and at separate territories of the
Kyrgyz Republic, in the circumstances which require urgent measures - by the
President of the Kyrgyz Republic, with immediate notification of the Legislative
Assembly, which must confirm the Presidential act within three days term.
If such confirmation is not made within this term,
the emergency situation shall be terminated.
3. The
Legislative Assembly may introduce martial law on the territory of the Kyrgyz
Republic only in the event of aggression against the Kyrgyz Republic.
4 Adjournment of a session of the Legislative
Assembly during a state of emergency of martial law shall not be allowed. In those cases, when the sessions of the
Legislative Assembly is not in session, and the emergency state was introduced
by the President, the Legislative Assembly shall convene without announcement
of convocation, no later than the next day after introduction of the state of
emergency
5 No referenda or elections in the state bodies,
nor changes in the structure, functions and authority- of the state bodies,
established by the Constitution, shall be allowed.
1. The
state budget of the Kyrgyz Republic shall consist of the republican and local
budgets, and shall comprise all expenditures and revenues of the state. The republican budget shall be approved by
the Assembly of People's Representatives, upon presentation by the Government.
2. Revenue
in the republican budget shall be derived from taxes established by law, other
liabilities, revenue 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
The laws, imposing new taxes and aggravating the state of the taxpayers shall
not have retroactive force.
3. The
Jogorku Kenesh shall be entitled to establish extra-budgetary targeted
financial funds. The sources of income
for such extra-budgetary funds may be raised means.
4. The
report on execution of the republican budget and extra-budgetary funds shall be
approved by the Jogorku Kenesh.
1. The
Constitution shall have the superior juridical force and the 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 the international law, which have been ratified by
the Kyrgyz Republic, shall be a constituent and directly applicable part of the
Legislation of the Kyrgyz Republic.
Chapter
Two
CITIZENS
Section One.
CITIZENSHIP
1. Belonging
of an individual to the Kyrgyz Republic and his/her status shall be determined
by citizenship. A citizen of the Kyrgyz
Republic shall be obliged to observe the Constitution and the laws of the
Kyrgyz Republic, respect the rights, freedoms, honor and dignity of other
persons.
2. Individuals,
who are citizens of the Kyrgyz Republic, shall not be recognized as citizens of
other states.
3. No citizen
of the Kyrgyz Republic shall be deprived of his/her citizenship and the right
to change his/her
citizenship.
4. The Kyrgyz
Republic shall guarantee protection and patronage of its citizens outside its
territory
1. Every citizen of the Kyrgyz Republic, by virtue of his/her
citizenship, shall enjoy rights and perform obligations.
2. Foreigners and stateless persons in the Kyrgyz Republic shall
enjoy the rights and freedoms of citizens and perform duties, based on the
grounds, conditions, and in accordance with the procedure, provided by law,
international treaties and agreements.
Section Two.
RIGHTS AND FREEDOMS OF CITIZEN
1. The
dignity of an individual in the Kyrgyz Republic shall be absolute and
inviolable.
2. Every
person shall enjoy the basic human rights and freedoms since birth. These rights shall be recognized as absolute, inalienable, and protected from any
person's encroachments by law and the court.
3. All
persons in the Kyrgyz Republic shall be equal before the law and the court.
No one may be
exposed to any discrimination, infringement of rights and
freedoms, on the motives of origin, sex, race,
nationality, language,
creed, political and religious convictions or by
any other public or
personal conditions or circumstances.
4. Human rights and freedoms in the Kyrgyz Republic shall be
valid. They shall determine, as such,
the meaning, content, and application of the laws, and shall obligate the
legislative, executive and judicial powers, and self-administration, and shall
be provided by justice.
5. In the Kyrgyz Republic, the state shall encourage folk customs
and traditions, which do not contradict human rights and freedoms.
1. In the Kyrgyz Republic, basic human rights and freedoms shall be
recognized and guaranteed in accordance with universally accepted norms and
principles of international law and international treaties on the issues of
human rights, which have been ratified by 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 creed,
spirit and worship;
·
to free expression
and dissemination of one's thoughts, ideas, opinions, freedom of literary,
artistic, scientific and technical creative work, freedom of the press,
transmission and dissemination of information; to freedom of movement, and
freedom of choice of one's place of destination and residence
throughout the territory of Kyrgyzstan, and
the right
to free travel abroad freely and to
unimpeded return;
·
to free expression
and dissemination of one's thoughts, ideas, opinions, freedom of literary,
artistic, scientific and technical creative work, freedom of the press,
transmission and dissemination of information;
·
to freedom of
movement, and freedom of choice of one's place of destination and residence
throughout the territory of Kyrgyzstan, and the right to free travel abroad
freely and to unimpeded return;
· to association;
· To assemble peacefully and without weapons, to free
meetings and demonstrations;
· to inviolability of residence:
· to freedom and secrecy of correspondence;
· to honor and freedom of private life, personal and
family secrets;
· to secrecy of postal, telephone, and telegraph
communication;
· to have property, and to possess, use and dispose
of it at one's own discretion;
· to economic freedom, and to free use of one's
abilities and property for any economic activity;
·
·
to freedom of labor,
and to free choice of a type of activities and profession.
The enumeration of the rights and freedoms in the
Constitution shall not be interpreted as negating or diminishing other
universally recognized human rights and freedoms.
Article 17
1. No laws
must be enacted in the Kyrgyz Republic abolishing or infringing 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, and providing public safety
and constitutional order. In such
cases, the essence of constitutional rights and freedoms shall not be affected.
Article 18
1. Limitations
of physical and moral inviolability shall be allowed only on the basis of the
law by the decision of a court as punishment for a committed crime. No one may be exposed to torment, torture,
or inhuman and humiliating punishments.
2. Medical,
biological, and psychological experiments on people without a voluntary
agreement, properly expressed and confirmed by the examinee, shall be
prohibited.
3. No one may
be arrested and detained on the basis other than the law. Any actions aimed at imposing a liability on
a person before the sentence has been passed by the court, shall not be
allowed, and shall be grounds for the material and moral indemnification 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.
Article 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
arbitrarily deprived of his/her property, and it may be withdrawn against the
proprietor's will only by a court decision.
3 The right of inheritance in the Kyrgyz Republic
shall be guaranteed and protected by law.
Article 20
The Kyrgyz Republic may grant political asylum to
foreign citizens and stateless persons by the motives of violation of human
rights.
Section Three. RIGHTS AND DUTEES OF A CITIZEN
Article 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. Enjoyment
of the rights and freedoms by a citizen of the Kyrgyz Republic shall be
inseparable from his/her duties that are necessary for the security- of private
and national interests.
Article 22
Laws of the Kyrgyz Republic on the rights and
freedoms of citizens must be equally applied to all citizens and shall not bestow
on anyone privileges and preferences, except those provided by the Constitution
and laws for the social protection of citizens
Article 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.
Article
24
Citizens
of the Kyrgyz Republic have the right and duty to defend the Motherland. Citizens shall perform military service
within the limits and in the forms established by law.
Article
25
Citizens
of the Kyrgyz Republic must pay taxes and fees in accordance with legislation.
Article
26
1. The family is the primary unit of society;
family, fatherhood, maternity and childhood shall be a subject of concern for
the whole society and primary protection by law; child care and upbringing
shall be the natural right and duty of parents. Able-bodied, adult children must take care of 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 is a sacred tradition of the people of Kyrgyzstan.
Article
27
1. Social maintenance at the expense of the
government in old age, in sickness and in the event of complete
or partial disability or loss of the main
provider shall be guaranteed in the Kyrgyz Republic.
2. In accordance with the economic resources
of society, pensions and social maintenance must provide a
standard
of living not below the minimum of wage established by the law.
3. Voluntary social insurance and the
establishment of additional forms of security and charity shall be encouraged.
Article
28
1. A citizen of the Kyrgyz Republic shall have
the right to protection of labor in all its forms and displays, 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 professional
training and improvement of professional qualification of citizens, and shall
encourage and promote international agreements and international organizations,
which have the aim to consolidate and secure the right to work.
3. The forced labor of citizens shall be
prohibited, except in cases of war, natural disaster, epidemic, or other
extraordinary circumstances, as well as in the execution of punishment upon
sentence by the court
Article 29
Citizens
of the Kyrgyz Republic, working under a labor agreement (contract), shall have
the right to fair remuneration no less than the minimum wage, established by
the state.
Article 30
Citizens
of the Kyrgyz Republic shall have the right to strike. The procedure and conditions for holding
strikes shall be determined by the law.
Article 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
basic conditions of exercise of the right to rest, shall be determined by the
law.
Article 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, and everyone shall be entitled to
receive
it in the state educational institutions.
3. The state shall provide for accessibility of
vocational, special secondary and higher education for every
person, in accordance with individual aptitude.
4. Paid
education for citizens at national and other educational institutions shall be
allowed on the basis and in the procedure established by the legislation.
5. The
state shall exercise control over the activity of educational institutions.
Article 33
Citizens of the Kyrgyz Republic shall have the
right to housing. The state shall
promote the enjoyment of the right to housing, by granting and selling
apartments from the state-owned fund, and by encouraging individual housing
construction.
Article 34
1. Citizens of
the Kyrgyz Republic shall have the right to health protection and 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.
Article 35
1. Citizens of
the Kyrgyz Republic shall have the right to a healthy and safe environment and
to the indemnification of damage, caused to one's health or property by the
improper use of the nature.
2. Protection
of the environment, natural resources and historical monuments shall be a
sacred duty of every citizen.
Article 36
1. Culture,
art, literature, science and mass media shall be free
2. The
state shall protect the historical monuments, take care and create necessary
conditions for the
development of literature, art, science, mass media
and sports.
3. Citizens
shall have the right of access to cultural benefits, and to be involved in
artistic and scientific activities.
Article 37
The economic freedom and activity of a citizen, and
his/her opportunity to achieve economic welfare for himself/herself and his/her
family, must not be replaced by state guardianship, as a result of the social
activity of the state.
Article 38
1. The full,
absolute, and immediate protection of the rights and freedoms of citizens,
prevention of infringement of rights in this area and restoration of the
violated provision shall be the duty of the state, of all bodies and officials.
2. The Kyrgyz
Republic shall guarantee the protection by the court of all the rights and
freedoms of citizens, provided by the Constitution and the laws.
Article 39
1. A
citizen charged with an offence shall be presumed innocent until he/she is
found guilty by the sentence
of the
court, which has come into effect.
2. The
state shall guarantee everyone a protection from arbitrary and unlawful
interference with one's private
and family life, infringement of one's honor and
dignity, breach of secrecy of correspondence and telephone conversations.
3. No one
shall have the right to enter a residence, 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 an individual
Article 40
Every citizen in the Kyrgyz Republic shall be
provided with the qualified legal assistance and protection of
rights and freedoms
guaranteed by the Constitution.
Article 41
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 enforcement.
Chapter Three
PRESIDENT
Article 42
1. The
President of the Kyrgyz Republic is the head of state and the highest official
of the Kyrgyz Republic.
2. The
President of the Kyrgyz Republic is the symbol of the unity of people and state
power, and is the
guarantor of the Constitution of the Kyrgyz
Republic, and of an individual and citizen.
3. The
President of the Kyrgyz Republic defines the fundamental directions of internal
and external policy of the state, represents the Kyrgyz Republic within the
country and in international relations, takes measures to guard the sovereignty
and territorial integrity of the Kyrgyz Republic, and ensures the unity and
continuity of state power and the coordinated functioning and interaction of
state organs and their responsibility to the people.
Section One.
ELECTION
Article 43
1. The
President of the Kyrgyz Republic shall be elected for a term of five years.
2. The same
person cannot be elected President for more than two consecutive terms.
3. The
President of the Kyrgyz Republic must be a citizen of Kyrgyzstan, no younger
than 35 years of age,
and no older than 65 years of age, who has command
of the state language, and who has resided in the Republic for no less than 15
years before the nomination of his/her candidacy to the President’s Office.
4. The
President of the Kyrgyz Republic cannot be a deputy of the Jogorku Kenesh,
occupy other positions, carry out entrepreneurial activities.
5. The
President of the Kyrgyz Republic must suspend his activity in political parties
and organizations for the period of stay in office until new presidential
election in the Kyrgyz Republic.
Article
44
1. A new presidential election shall be held in the
Kyrgyz Republic two months before the date of expiration of the powers of the
President of the Kyrgyz Republic
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,
and by secret ballot.
3. The number
of candidates for the Presidential office shall not be limited. Any person, who has obtained not less than
50 thousand voters' signatures may be registered as a candidate.
4. The
election of the President of the Kyrgyz Republic shall be considered valid if
more than fifty per cent of the total number of voters in the republic have
taken part in the election.
A candidate shall be considered elected to the
presidential office, if in the first ballot he/she has obtained more than a
half of the votes cast in the first ballot.
If none of the candidates obtained more than a half
of the votes cast in the first ballot, only the two candidates who have
obtained the biggest number of votes shall participate in the second ballot.
A candidate, who will obtain 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.
Article
45
1. The result of
the presidential elections must be confirmed by the Constitutional Court of the
Kyrgyz Republic not later than within 7 days after the date of the election.
2. After the
Chairman of the Constitutional Court of the Kyrgyz Republic announces the
results of the voting, the President shall bring the oath in the presence of
the deputies of the Legislative Assembly and the Assembly of People's
Representatives.
3. While entering into office, the President of
the Kyrgyz Republic shall bring the oath to the people of
Kyrgyzstan:
while taking the obligations of file President of the Kyrgyz Republic,
before my People and the Sacred Motherland Ala-Too do swear:
to
observe and protect the Constitution 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. Duration of
the term of presidential mandate shall start as of the moment of bringing the
oath of office. The powers of the
President shall terminate upon the moment when the newly-elected President
enters office.
Section
Two. POWERS OF THE PRIESIDENT
Article
46
1. The President of the Kyrgyz Republic:
1) determines the structure of the Government
of the Kyrgyz Republic;
2) appoints the Prime Minister of the Kyrgyz
Republic with the consent of the Assembly of People's
Representatives:
3) appoints, in
consultation with the Prime Minister of the Kyrgyz Republic, the members of the
Government of the Kyrgyz Republic and also the directors of the administrative
departments, and relieves them of their offices:
4) accepts
requests by the Prime Minister, the Government, or an individual member of the
Government to resign, decides on his own initiative for the Prime Minister or
Government to resign:
5) appoints
with the consent of the appropriate local keneshes, the heads of state
administration of districts, and cities, and relieves them of their offices;
6) appoints the
State Secretary of the Kyrgyz Republic and determines his status and
authorities; forms the Administration of the President of the Kyrgyz Republic;
7) forms and abolishes executive organs not
included in the makeup of the Government;
8) forms and heads the Security Council of the
Kyrgyz Republic and other coordinating organs;
9) forms the state guards and the National Guard,
which are subject to him;
10) authorizes,
in consultation with the Prime Minister, a unified system of training and
selection of personnel for organs maintained at the expense of the state
budget, and of the financing of state organs and payment of those working in
the service of the state.
2. The President of the Kyrgyz Republic;
1) makes appointments, with the consent of the
Assembly of People's Representatives, to the office of the
Procurator General of the Kyrgyz Republic; to the offices
of deputies of the Procurator General, procurators of oblasts. City of Bishkek and military procurator of
the Kyrgyz Republic; and relieves them of their office;
2) makes
appointments with the consent of the Assembly of the People's Representatives,
to the office of Chairman of the Board of the National Bank of the Kyrgyz
Republic; and relieves him of his office;
3) nominates to the Legislative Assembly and Assembly of
Peoples Representatives candidates for election
to the offices of Chairman
of the Constitutional Court of the Kyrgyz Republic, his deputy, and the judges
of the Constitutional Court of the Kyrgyz Republic;
4) presents to the Assembly of People's Representatives candidates
for election to the offices of Chairman of the Supreme Court of the Kyrgyz
Republic and of the Higher Arbitration Court of the Kyrgyz Republic, their
deputies, and the judges of the Supreme Court of the Kyrgyz Republic and of the
Higher Arbitration Court of the Kyrgyz Republic;
5) appoints the chairmen, their deputies, and judges of the courts
of the regions, the city of Bishkek, districts, and cities, and of the economic
courts of the regions and the city of Bishkek, and also of the military
tribunals of the Kyrgyz Republic, and relieves them of their positions in cases
provided by the Constitution and laws.
3. The
President of the Kyrgyz Republic:
1) directs
the foreign policy of the Kyrgyz Republic;
2) conducts
negotiations and signs the international treaties of the Kyrgyz Republic,
3) signs
instruments of ratification;
4) appoints
and recalls diplomatic representatives of the Kyrgyz Republic in foreign states
and international
organizations; accepts the
credentials and letters of recall and of the heads of diplomatic missions of
foreign states and representatives of international organizations accredited to
the President of the Kyrgyz Republic;
5) decides questions of assumption and forfeiture of citizenship
in the Kyrgyz Republic and of granting political asylum.
4. The
President of the Kyrgyz Republic:
1) confers
state awards of the Kyrgyz Republic;
2) confers
honorary titles of the Kyrgyz Republic,
3) confers
higher military ranks, diplomatic ranks, class ranks, and other special titles;
4) grants
pardons.
· The
President of the Kyrgyz Republic:
1) presents
draft laws to the Jogorku Kenesh;
2) signs laws
and returns them with his objections to the appropriate house of the Jogorku
Kenesh for further
consideration, publishes
laws; is entitled to appeal through the Constitutional Court of the Kyrgyz
Republic against the laws and international treaties, ratified by the Kyrgyz
Republic,
3) speaks to the people in annual addresses on the
state of affairs in the country, to be delivered at a joint meeting of both
houses of the Jogorku Kenesh,
4) is entitled to halt or annul the effect of acts of the Government
of the Kyrgyz Republic and acts of other organs of executive power;
5) has the right to decide on questions of financing measures of an
urgent nature at state expense, and to establish funds;
6) exercises full legislative authority in cases and by the
procedure stipulated in Article 68 of this Constitution.
6. The
President of the Kyrgyz Republic:
7) is
entitled to call ahead of time sessions of the Legislative Assembly and the
Assembly of People's
Representatives, and to
determined matters eligible for consideration;
8) call referenda on his own initiative, or takes decisions on
calling referenda on the initiative of no less than 300, 000 voters or a
majority of the total number of deputies of both houses of the Jogorku Kenesh,
9) calls elections to the Legislative Assembly and the Assembly of
People's Representatives, and carries out ahead of time dissolution of the Legislative Assembly and Assembly of People's Representatives in
cases, provided in this Constitution;
10) calls elections to
local Keneshes and carries out their early dissolution in cases provided in
this Constitution;
11) appoints the Chairman
of the Central Committee on Elections and Conduct of Referenda and one-third of
its members;
12) appoints
the Chairman of the Counting Board and one-third of its auditors.
7. The President of the Kyrgyz Republic in the presence of grounds
provided by law, shall warn of the possibility of introducing a state of
emergency, and when necessary introduce a state of emergency in individual
locations without prior declaration, of which action he shall promptly inform
the Legislative Assembly.
8. The President of the Kyrgyz Republic declares universal or
partial mobilization; shall announce the status of war in the event of
aggression or direct threat of aggression to the Kyrgyz Republic, and shall promptly
submit this matter for the consideration of the Legislative Assembly; and
declares the martial law and shall promptly submit this matter for the
consideration of the Legislative Assembly.
9. The President of the Kyrgyz Republic shall be the Commander in
Chief of the Armed Forces, and appoints and dismisses commanders of the Armed
Forces of the Kyrgyz Republic.
Article 47
1. The President of the
Kyrgyz Republic issues decrees and orders.
2 Execution of decrees and
orders of the President of the Kyrgyz Republic shall be mandatory for the whole
territory of the Kyrgyz Republic.
3. Decrees
and orders made by the President of the Kyrgyz Republic in carrying out full
legislative authority
in accordance
with sub-point 5 of point 5 of article 46 of the Constitution, shall have the
force of law.
Article 48
The President of the
Kyrgyz Republic shall be entitled to assign the authority, provided by
sub-point 2 of point 3 of Article 46 of the Constitution to the Prime Minister,
members of the
Government, and other
officials; and also has the right to ratify international financial contracts
and credit agreements signed by them
Article 49
1. The
President of the Kyrgyz Republic, his honor and dignity shall be inviolable.
2. Provision,
maintenance and protection of the President of the Kyrgyz Republic, as well as
of his family,
shall be carried out at
the state expense.
Article
50
1. The term of office of the President may be
terminated as a result of resignation by his own petition, made by him to a
joint meeting of the houses of the Jogorku Kenesh; his dismissal from office in
the procedure provided by this Constitution; or inability to perform his
authority due to illness or as a result of his death.
2. If the President of the Kyrgyz Republic is unable to carry out
his duties because of illness, both houses of the Jogorku Kenesh shall take the
decision on early dismissal of the President of the Kyrgyz Republic from the
office on the basis of the conclusion of a State Medical Commission created
thereby and with a vote of
no less than
two-thirds of the total number of deputies of each of the houses.
Article
51
1. The
President of the Kyrgyz Republic may be dismissed from office by the Assembly
of People's Representatives only on the basis of a charge made by the
Legislative Assembly of state treason or commission of another grievous crime
supported by a ruling of the Constitutional Court of the Kyrgyz
Republic.
2. A decision by the Legislative Assembly to bring a charge against
the President of the Kyrgyz Republic and dismissing him from office must be
made by a vote of two-thirds of the total number of deputies of the Legislative
Assembly, and in the presence of a ruling by a special commission formed by the
Legislative Assembly
3. A negative ruling by the Constitutional Court of the Kyrgyz
Republic on a charge made by the Legislative Assembly shall entail the
dissolution of the Legislative Assembly.
4. A resolution of the Assembly of People's Representatives on
dismissal of the President of the Kyrgyz Republic from office must be adopted
by a majority vote of no less than two-thirds of the total number of deputies
of that house, no later than two months after the laying of the charge against
the President by the Legislative Assembly.
If a decision is not reached by the Assembly within this period, the
charge shall be considered to be refuted
Article 52
1. If the President of the Kyrgyz Republic is unable to carry out
his duties for reasons stated in Article 50 of this Constitution, the Prime
Minister shall carry out his duties thenceforward until the election of the new
President of the Kyrgyz Republic.
Election of a new
President of the Kyrgyz Republic must in this case be conducted within three
months of the termination of the term of office of the President of the Kyrgyz
Republic.
2. The Prime Minister, while executing the duties of the President
of the Kyrgyz Republic, shall not have the right to dissolve the Legislative
Assembly or the Assembly of People's Representatives, to call a referendum, to terminate
the authority of the Government, or to make proposals for introducing
amendments and supplements to the Constitution of the Kyrgyz Republic.
Article 53
1. All former Presidents of the Kyrgyz Republic,
except those who have been dismissed from office by the procedure established
in Article 51 of this Constitution, shall have the title of ex-President of the
Kyrgyz Republic.
2. An
ex-President of the Kyrgyz Republic and his honor and dignity are inviolable.
3. Provision,
maintenance, and protection of an ex-President of the Kyrgyz Republic shall be
made at state expense by a procedure
established by law.
Chapter Four
THE
JOGORKU KENESH
Article 54
1. The Jogorku Kenesh - the parliament of the Kyrgyz Republic - is
the representative organ which effects legislative power.
2. The Jogorku Kenesh consists of two houses: the Legislative
Assembly, with 35 deputies, sits continuously and is elected on the basis of
representation of the interests of the total population of the republic;
and the Assembly of
People's Representatives, with 70 deputies, which works in sessions and is
elected on the basis of representing territorial interests.
3. Deputies of the
Legislative Assembly and Assembly of People's Representatives are elected for
five years.
The procedure for electing
deputies of the Legislative Assembly and Assembly of People's Representatives
is determined by constitutional law
Article 55
1. Each house of the Jogorku Kenesh shall assemble for its first
meeting after election with no less than two-thirds of the members of the given
house and no later than 30 days after the publication of the results of the
election.
2. The eldest
deputy of the Jogorku Kenesh shall open the first meeting of that house.
3. The
Legislative .-assembly and the Assembly of People's Representatives shall meet
separately. The
houses
shall meet jointly for taking oaths of judges to the Constitutional Court of
the Kyrgyz Republic, for hearing addresses and declarations of the President of
the Kyrgyz Republic, and addresses of the leaders of foreign states, and also
in other cases envisaged by the regulations of the houses of the Jogorku
Kenesh.
4. From the day of the start of work of the new convocation of the Legislative Assembly and the Assembly of People's Representatives, the authority of the old convocation of the Legislative Assembly and the Assembly of People's Representatives shall be terminated.
Article 56
1. A citizen
of the Kyrgyz Republic, who has attained the age of 25 and has permanently
resided in the Republic for no less than 5 years before the election, may be
elected a Deputy of the Legislative Assembly of the Jogorku Kenesh or a Deputy
of the People's Representatives of the Jogorku Kenesh.
2. A Deputy of
the Legislative Assembly of the Jogorku Kenesh and a Deputy of the Assembly of
People's Representatives of the Jogorku Kenesh shall be subordinate to the
Constitution of the Kyrgyz Republic and his/her conscience.
3. A Deputy of
the Legislative Assembly and a Deputy of the Assembly of People's Representatives
shall possess the right of immunity: he/she may not be detained or arrested,
subjected to search or personal examination, except in cases of arrest at the
scene of a crime or of commission of a grievous crime. Subjection of a deputy to criminal or
administrative liability, to be imposed by judicial procedure, shall be allowed
only with the consent of the appropriate house.
4. One person
may not simultaneously be a deputy of the Legislative Assembly and of the
Assembly of People's Representatives. A
deputy of the Legislative Assembly or Assembly of People's Representatives may
not simultaneously be a Deputy of a local kenesh.
Deputies of the Legislative Assembly may not work
in another state service and may not engage in business activity. A deputy of the Legislative Assembly has the
right to engage in teaching, scientific, or other creative activity, if such
activity does not interfere with the performance of his duties as deputy.
Deputies of the Assembly of People's
Representatives may not simultaneously be engaged in the office of a member of
the Government, a procurator, a judge, or another office of state service
provided by the law. A deputy of the
Assembly of People's Representatives working in state service may be relieved
of the position occupied without the consent of his House.
5. A deputy of
the Legislative Assembly or Assembly of People's Representatives who has not
warranted the trust of the voters may be dismissed by decision of a majority of
voters in a procedure established by law.
6 A deputy of the Legislative Assembly or the
Assembly of People's Representatives shall be deprived of his mandate by
resolution of the Central Commission on Elections and Conduct of Referenda in
the event of [his] submitting a resignation, delivery of a guilty verdict
against him by a court, acknowledgment of his inability to function, recall by
voters, dissolution of his house, or removal of permanent residence beyond the
borders of the Kyrgyz Republic.
7. Preparation
of questions connected with employing prosecution measures on deputies,
observance by them of the requirements of point 4 of this Article, rules of
parliamentary ethics. termination of office of deputies, and deprivation of
their authority and parliamentary immunity, shall be the work of the Central
Commission on Elections and Conduct of Referenda.
Article 57
A deputy of the Legislative Assembly and the
Assembly of People's Representatives has the right of inquiry to organs of
executive power and their officials, who are obliged to answer the inquiry
within 10 days.
Section One
POWERS OF THE LEGISLATIVE ASSEMBLY AND ASSEMBLY OF
PEOPLE'S REPRESENTATIVES
Article 58
1. The work
of the Legislative Assembly shall include:
1) introduction
of amendments and supplements to the Constitution of the Kyrgyz Republic in the
procedure
established by the Constitution;
2) adoption
of laws of the Kyrgyz Republic;
3) official
interpretation of the Constitution and the laws adopted thereby;
4) alteration
of the borders of the Kyrgyz Republic;
5) approval
of laws adopted by the Assembly of the People's Representatives;
6) election,
upon nomination by the President of the Kyrgyz Republic, of the Chairman of the
Constitutional
Court of the Kyrgyz
Republic, his deputy, and judges of the Constitutional Court of the Kyrgyz
Republic; deciding matters of relieving of the position of the Chairman of the
Constitutional Court, his deputy and judges of the Constitutional Court of the
Kyrgyz Republic in cases and by the procedures envisaged by this Constitution;
7) election
of one-third of the members of the Central Commission on Elections and Conduct
of Referenda;
8) appointment
of one-third of the auditors of the Counting Board;
9) ratification
and denunciation of international treaties, except cases provided by Article 48
of this Constitution;
10) introduction of states
of emergency, authorization of annulment of decrees of the President of the
Kyrgyz Republic on this issue;
11) deciding matters of
war and peace; introduction of the state of war, and declaration of war; and
authorization or annulment of decrees of the President of the Kyrgyz Republic
on these issues;
12) deciding matters for the possibility of using the Armed Forces
of the Kyrgyz Republic beyond its borders when necessary to fulfill international treaty
obligations in support of peace and security;
13) establishment of military ranks, diplomatic ranks, class ranks
and other special titles of the Kyrgyz Republic,
14) establishment
of state awards and honorary titles of the Kyrgyz Republic;
15) issuing
acts of amnesty;
16) hearing
annual reports of the Prime Minister as well as of organs and officials
appointed and elected by
it, with account taken to
the rules of autonomy and independence of such organs and officials established
in this Constitution;
17) bringing
charges against the President of the Republic toward his dismissal from office.
2. The Legislative Assembly adopts resolutions on issues, provided
by sub-points 5-8, 16, and 17 of Point I of this Article.
3. The work
of the Assembly of People's Representatives of the Jogorku Kenesh includes:
1) introduction
of amendments and supplements to the Constitution of the Kyrgyz Republic;
adoption of
laws in cases envisaged by
the Constitution.
2) approval
of laws adopted by the Legislative Assembly in cases provided by the
Constitution;
3) official
interpretation of the Constitution and of the laws adopted by the Assembly,
4) authorization
of the republican budget and or reports on its implementation;
5) alteration
of the borders of the Kyrgyz Republic;
6) deciding
matters of the administrative and territorial structure of the Kyrgyz Republic;
7) calling
elections for President of the Kyrgyz Republic;
8) approval
of appointments of the Prime Minister of the Kyrgyz Republic;
9) approval
of appointments of the Procurator General of the Kyrgyz Republic;
10) approval of appointments of the Chairman of the Board of the
National Bank of the Kyrgyz Republic;
11) election, upon
nomination by the President of the Kyrgyz Republic, of the Chairman of the
Constitutional Court of the Kyrgyz Republic, his deputy, and the judges of the
Constitutional Court of the Kyrgyz Republic;
12) election, upon
nomination by the President of the Kyrgyz Republic, of the Chairmen of the
Supreme
Court and the Higher
Arbitration Court of the Kyrgyz Republic, their deputies, and the judges of the
Supreme Court and the
Higher Arbitration Court of the Kyrgyz Republic;
13) election
of one-third of the members of the Central Commission on Elections and Conduct of
Referenda;
14) deciding
issues of dismissing judges in the events and by the procedures provided by
this Constitution;
15) appointment
of one-third of auditors of the Counting Board;
16) dismissal
of the President of the Kyrgyz Republic from office;
17) hearing
reports of the Prime Minister as well as of organs and officials appointed and
elected by the
Assembly, with account
taken of the rules of autonomy and independence of such organs and officials
established in this Constitution;
18) expression
of no confidence vote to the Prime Minister;
19) hearing
reports of the Procurator General and the Chairman of the Board of the National
Bank.
4. The
Assembly of People's Representatives adopts resolutions on issues provided by
sub-points 3 and 7-19
of point 3 of
this Article
Article
59
1. Laws on the introduction of amendments and
supplements to the Constitution, constitutional laws, laws on the alteration of
the borders of the Kyrgyz Republic, and on interpretation of the Constitution
and constitutional laws, shall be adopted by both houses of the Jogorku Kenesh
by a majority vote of no fewer than two-thirds of the total number of deputies
of each of the houses.
2. Laws adopted by the Legislative Assembly on matters of taxes and
levies, financial and customs regulation, banking activities, ratification and
denunciation of international treaties of the Kyrgyz Republic, and amnesty,
shall be subject to consideration by the Assembly of People's Representatives
and shall be considered approved if they receive yes votes from more than half
of the total number of deputies of the Assembly of People's
Representatives. In the event of
non-approval by the Assembly of People's Representatives of a decision taken by
the Legislative Assembly, the decision on the matter under consideration may be
approved by a majority vote of no fewer than two-thirds of the total number of
deputies of the Legislative Assembly.
3. Laws adopted by the Assembly of People's Representatives on
matters stated in sub-points 4 and 6 of point 3 of Article 58 of this
Constitution, shall be subject to consideration by the Legislative Assembly and
shall be considered approved if-they receive yes votes from more than half of
the total number of deputies of the Legislative Assembly. In the event of non-approval of a law by the
Legislative Assembly, the decision on the matter under consideration may be
approved by a majority vote of no fewer than two-thirds of the total number of
deputies of the Assembly of People's Representatives.
4. Laws stated in the first paragraph of point 2 and the first
paragraph of point 3 of this Article shall also be considered approved if they
are not discussed by the appropriate house of the Jogorku Kenesh within 60 days
of their
adoption.
Article
60
1. Each
house of the Jogorku Kenesh shall elect from among its members a Toraga of the
House and his deputy, and form committees and commissions.
2. The Toraga of each house shall be elected by secret vote. He is accountable to the appropriate house
and may be removed from office by a decision of this house, adopted by a vote
of no fewer than two-thirds of the total number of deputies.
3. The Toragas of the Legislative Assembly and of the Assembly of
People's Representatives conduct the meetings of their respective houses,
generally direct the preparation of questions for consideration at the meetings
of the house, manage internal routine, and sign resolutions adopted by their
respective houses,
4. The Deputy Toraga of a given house of the Jogorku Kenesh shall be
elected by secret vote. The Deputy
Toraga fulfills individual functions of the Toraga as relegated to him, and
substitutes for the Toraga in his absence.
Article 61
Committees and provisional commissions of the
houses shall draft the laws, preliminarily consider the issues referred to
their competence, and monitor implementation of the adopted words and
decisions.
Article 62
1. The
activity of the Legislative Assembly shall be carried out in the form of
meetings of the Legislative Assembly.
Meetings of the Legislative Assembly shall be conducted once a year,
beginning on the first working day of September and ending on the last working
day of June.
2. The
activity of the Assembly of People's Representatives shall be carried out in
the form of sessions of the Assembly of People's Representatives Sessions of
the Assembly of People's Representatives shall be convened no less than two
times a year.
3. A meeting
of the Legislative Assembly or session of the Assembly of People's
Representatives shall be legitimate with the attendance of no fewer than
two-thirds of the total number of deputies of the given house. The procedure of activity of the houses of
the Jogorku Kenesh shall be defined by the Regulations.
Article 63
1. The
Legislative Assembly and the Assembly of People's Representatives may be
dissolved ahead of time by a decision adopted by a majority vote of no fewer
than two-thirds of the total number of deputies of the respective houses.
2. The
Legislative Assembly or the Assembly of People's Representatives, or both
houses of the Jogorku Kenesh simultaneously, may be dissolved ahead of time by
the President of the Kyrgyz Republic: as the result of a referendum; in the
event of three-time refusal to approve the appointment of a Prime Minister; or
in the event of another crisis caused by insurmountable differences between the
houses of the Jogorku Kenesh or between one or both houses of the Jogorku
Kenesh and other branches of state power.
3. In the case
envisaged in Point 3 of Article 51 of this Constitution, the Legislative
Assembly shall be considered dissolved from the moment of the pronouncement of
the resolution by the Constitutional Court of the Kyrgyz Republic.
4. The houses
of the Jogorku Kenesh may not be dissolved; in time of a state emergency or
war; during consideration by the houses of the Jogorku Kenesh of the issue of
dismissing the President of the Kyrgyz Republic from office; or when there are
fewer than six months remaining until the end of the term of office of the
President of the Kyrgyz Republic.
5. In the
event of dissolution of the Legislative Assembly, the Assembly of People's
Representatives, or both houses of the Jogorku Kenesh, the President of the
Kyrgyz Republic shall appoint the date of elections of deputies of the given house
or houses, so that the newly elected house or houses convenes for its first
meeting no later than six months after the moment of dissolution.
Section Two. LEGISLATIVE ACTIVITIES
Article 64
The right to legislative initiative shall belong
to:
* 3000 voters
(a popular initiative);
* the
President of the Kyrgyz Republic;
* deputies of
the Legislative Assembly;
* deputies of
the Assembly of the People's Representatives;
the Government of the Kyrgyz Republic;
the Supreme Court of the Kyrgyz Republic, and the
Higher Arbitration Court of the Kyrgyz Republic, on matters within their
jurisdiction.
Article 65
1. Draft laws
may arise in both houses of the Jogorku Kenesh. A given house of the Jogorku Kenesh shall be obliged to decide
within one month the question of introducing the draft law for consideration of
that house, and either to determine the order of priority of consideration or
to state a motivated rejection.
2. Amendments
to draft laws on the republican budget may be introduced with the consent of
the Government.
3. Draft
laws or amendments to laws envisaging a reduction of revenues or an increase of
expenditures of the
state may be adopted only in the presence of a ruling by the
Government.
4. A draft law shall be considered to be adopted if a majority of
the total number of deputies of a house have voted for it.
5. A draft law which has been adopted by one house, on a matter
which requires approval from the other house in accordance with the
Constitution, shall be presented to that house no later than five days after
its adoption by the first house. These
draft laws shall be considered adopted from the moment of approval by the other
house, or in cases when such approval is not obtained, from the moment of
authorization in accordance with Points 2 and 3 of Article 59 of this
Constitution.
6. Drafts of laws on introducing amendments and supplements to the
Constitution, of Constitutional laws, of laws on altering the borders of the
Kyrgyz Republic, and on interpretation of the Constitution and constitutional
laws, shall be considered adopted after no fewer than two readings if no fewer
than two thirds of the total number of deputies of each house of the Jogorku
Kenesh has voted for them. The date of
adoption of the draft law shall be considered to be the day when the vote on
adopting the draft was taken in both houses.
If one house has voted on one day and the other on another day, then the
date of adoption of the law shall be considered to be the day when the second
house voted for its adoption.
7. Introduction of amendments and supplements to the Constitution
and constitutional laws during states of emergency shall not be allowed.
Article 66
1. An
adopted law shall be sent to the President of the Kyrgyz Republic for signing
within five working days.
2. The
President of the Kyrgyz Republic, no later than 15 working days after receiving
the law, shall sign it
or return it with his
objections. The given law shall be
subject to a second consideration in the house which adopted it. If under second consideration the law is
approved in the earlier adopted wording by a majority vote of no less than
two-thirds of the total number of deputies, then the law shall be subject to
signing by the President of the Kyrgyz Republic within seven working days.
3. A law rejected by the President which, in accordance with this
Constitution, has been adopted by a majority vote of no fewer than two-thirds
of the total number of deputies of each house of the Jogorku Kenesh, shall be
subject to signing by the President within the period established in point 2 of
this Article if under second consideration it is approved in the earlier
adopted wording by a majority vote of no fewer than three-fourths of the total
number of deputies of each of the houses of the Jogorku Kenesh.
4. The law signed by the President of the Kyrgyz Republic shall be
subject to publication within time periods established by law.
Article 67
A law shall enter into
effect from the moment of its publication if no other stipulation is made in
the law itself or in a law on the procedure of its implementation.
Article 68
1. The houses of the Jogorku Kenesh may delegate their
legislative authority to the President of the Kyrgyz Republic for a period of
no more than one year.
2. Legislative authority shall be transferred to the President of
the Kyrgyz Republic in the event of dissolution of the houses of the Jogorku
Kenesh.
3. Legislative authority shall be carried out by the President of
the Kyrgyz Republic by the adoption of decrees, which have the force of law.
4 In the event of the
dissolution of one of the houses of the Jogorku Kenesh the President of the
Kyrgyz Republic shall carry out the legislative authority of that house only,
Chapter Five
EXECUTIVE POWER
Article 69
Executive power in the
Kyrgyz Republic shall be carried out by the Government of the Kyrgyz Republic,
ministries subordinate to the Government, state committees, administrative
agencies, and local state administration.
Section One.
THE GOVERNMENT
Article 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. Entry into office of a newly elected President of the Kyrgyz
Republic shall entail resignation of the Government of the Kyrgyz Republic.
4. The Prime Minister, the Government of the Kyrgyz Republic, or an
individual member of the Government shall have the right to submit his
resignation, which shall be accepted or declined by the President of the Kyrgyz
Republic.
5. Acceptance of the resignation of the Prime Minister of the
Kyrgyz Republic shall entail the resignation of all members of the
Government. In the event of an accepted
resignation, the Government may continue to act, by instruction of the President
of the Kyrgyz Republic, until the formation of a new Government of the Kyrgyz
Republic.
Article 71
1. The Prime Minister shall be appointed by the President of the
Kyrgyz Republic with the consent of the Assembly of People's Representatives.
2. Nomination of a candidate for Prime Minister shall be submitted
to the Assembly of People's Representatives no later than two weeks after entry
into office of the newly elected President of the Kyrgyz Republic, or after
resignation of the Prime Minister or Government, or within one week from the
day of rejection of a nominee by the Assembly of People's Representatives.
3. The
Assembly of the People's Representatives shall take its decision on giving
consent to the appointment
of a Prime
Minister no later than seven days from the day of submission of the nominee.
4. After
three refusals by the Assembly of People's Representatives of nominees for
Prime Minister, the
President of the Kyrgyz
Republic shall appoint a Prime Minister and dissolve the Assembly of People's
Representatives.
5. The Assembly of the People's Representatives may express a no
confidence vote to the Prime Minister.
A resolution of no confidence in the Prime Minister shall be adopted by
a majority vote of no fewer than two-thirds of the total number of deputies of
the Assembly of People's Representatives.
After an expression of no confidence in the Prime Minister by the
Assembly of People's Representatives, the President of the Kyrgyz Republic shall
have the right either to announce the resignation of the Prime Minister or to
reject the decision of the Assembly of People's Representatives. In the event that the Assembly of People's
Representatives expresses no confidence in the Prime Minister a second time
within three months, the President of the Kyrgyz Republic shall either announce
the resignation of the Prime Minister or dissolve the Assembly of People's
Representatives.
6. The Prime Minister, in accordance with the Constitution of the
Kyrgyz Republic, laws, and decrees of the President of the Kyrgyz Republic,
deten-nines the fundamental directions of the activities of the Government,
organizes its work, and personally answers for its activities.
Article 72
1. The President of the Kyrgyz Republic shall monitor the work of
the Goveniment of the Kyrgyz Republic.
The President shall have the right to preside at meetings of the
Government.
2. The Prime Minister shall present a report on the work of the
Government to the Legislative Assembly and the Assembly of People's
Representatives annually.
Article 73
1. The
Government of the Kyrgyz Republic shall decide all matters of state governing
except 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 Assembly of People's Representatives, and provide its
implementation;
pursue budgetary,
financial, tax, and price policy;
organize and manage state
property;
take measures on the
defense of the country, state security, and implementation of foreign policy of
the Kyrgyz Republic;
take measures to provide
rule of law, and the rights and freedoms of citizens, to protect property and
public order, and to fight crime.
3. The Government of the Kyrgyz Republic and the National Bank of
Kyrgyzstan shall provide the implementation of a uniform monetary, credit and
currency policy.
Article 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.
Article 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 houses of the Jogorku Kenesh, acts of the President, and
organize, verify and secure their implementation.
3. The Government of the Kyrgyz Republic shall hear reports of the
heads of local state administration and invalidate their acts, which contradict
the legislation of the Kyrgyz Republic.
Section Two. LOCAL
STATE ADMINISTRATION
Article 76
The local state administration shall carry out
executive power in the regions, districts, and cities.
Article 77
1. Local
state administrations act on the basis of this Constitution and the laws of the
Kyrgyz Republic,
2. Implementation
of decisions of local state administrations adopted within the bounds of their
competencies shall be mandatory on the given
territory.
Section Three. THE PROCURATOR'S GENERAL OFFICE
Article 78
The Procurator's General
Office shall supervise, within the bounds of its competency, the accurate and
uniform implementation of legislative acts.
"The organs of the Procurator's General Office shall carry out criminal
investigations and participate in court examinations of cases in circumstances
and procedures provided by law.
Chapter Six
COURTS AND JUSTICE
Article 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 Higher Arbitration Court of the
Kyrgyz Republic, and local courts (courts of oblasts, Bishkek City court, district
and municipal courts, arbitration courts of oblasts and of City of Bishkek,
military courts).
Creation
and establishment of extraordinary or ad hoc courts and judicial positions
shall not be allowed.
3. The status of courts and judges in the Kyrgyz Republic
shall be defined by the Constitutional laws.
The organization of and procedure for court operation shall be specified
by law.
4. A judge shall be subordinated only to the
Constitution and the Law. A judge shall
enjoy the right to immunity and inviolability, and in accordance with his
status, shall be provided with social, material and other guarantees of his
independence-
Article 80
1. A judge
of the Constitutional Court, the Supreme Court, and Higher Arbitration Court
may be a citizen no younger than 35 years and no older 70, who has a degree in
law and no 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 Legislative Assembly and the Assembly of People's
Representatives upon nomination by the President of the Kyrgyz Republic.
Judges of
the Supreme Court and of the Higher Arbitration Court of the Kyrgyz Republic
shall be elected for a term often years by the Assembly of People's
Representatives upon nomination by the President of the Kyrgyz Republic.
2. A judge of a local court may be a citizen of
the Kyrgyz Republic, no older than 65 years, who has a degree in law and no
less than 5 years experience of work in the legal profession.
Judges of
the local courts shall be appointed by the President of the Kyrgyz Republic
initially for a term of 3 years, and subsequent terms for 7 years.
Article 81
1. Judges may be removed from
office on the basis of bad health, at their personal request, for commission of
crime, based on a binding court judgment and on other grounds, provided by law.
2. Judges of the Constitutional Court of the
Kyrgyz Republic may be removed from office upon presentation by the President
of the Kyrgyz Republic by the majority of not less than 2/3 of votes of the
total number of deputies of each house of the Jogorku Kenesh of the Kyrgyz
Republic.
3. Judges of the Supreme Court and Higher
Arbitration Court may be removed from office upon presentation
by the President of the Kyrgyz Republic by the
majority of no less than 2/3 of the votes of the total number
of deputies of the Assembly of People's
Representatives.
Article 82
1. The
Constitutional Court shall be the highest body of the 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) find laws and other normative legal acts unconstitutional
in the event they contradict the Constitution;
2) resolve disputes, concerning the effect,
application and interpretation of the Constitution,
3) determine the validity of the elections of
the President of the Kyrgyz Republic,
4) issue a judgment concerning the removal from office of the President of the Kyrgyz Republic as well as
judges of the Constitutional Court, the Supreme Court, the Higher Arbitration Court of the Kyrgyz Republic;
5) give its consent for initiation of criminal prosecution of judges of local courts;
6) issue a judgment concerning amendments and changes to the Constitution of the Kyrgyz Republic;
7) annul the decisions of bodies of local self-government which contradict the Constitution of the Kyrgyz
Republic;
8) render decisions concerning the constitutionality of practices in the application of laws which affect the
constitutional rights of citizens.
4. The decision of the Constitutional Court shall be final and shall not be subject to appeal. Finding laws or other acts unconstitutional by the Constitutional Court shall terminate the effect of these laws on the territory of the Kyrgyz Republic; such finding shall also abrogate normative and other acts, which had been based on the act declared unconstitutional.
Article 83
1. The Supreme Court of the Kyrgyz Republic shall be
the highest body of judicial power in the area of civil, criminal, and
administrative court proceedings.
2. The Supreme Court of the Kyrgyz Republic shall supervise the
operation of courts of oblasts. City of
Bishkek, districts, cities and military courts of the Kyrgyz Republic.
Article 84
1. The Higher Arbitration Court of the Kyrgyz
Republic, regional arbitration courts, and arbitration court of the City of
Bishkek shall form a single system of arbitration courts of the Kyrgyz
Republic.
2. Arbitration courts shall resolve disputes, which emerge in the
economic area and in the process of management thereof between economic
subjects, based on different forms of property.
3. The Higher Arbitration Court of the Kyrgyz Republic shall carry
out oversight of the operation of arbitration courts of regions and City of
Bishkek of the Kyrgyz Republic.
Article 85
1. By
the decision of the sessions of citizens, local keneshes, or other
representative body of self-administration, aksakal's courts or third party's
arbitration tribunals may be established on the territories of ails,
settlements, cities, from the elder people or other citizens, held in respect
and authority.
2. Aksakals' courts and third party's arbitration tribunals shall
hear property, family disputes and other cases, provided by law, which were
submitted to these courts by the consent of the parties to a dispute, with the
purpose of conciliation and passing a just decision which would not contradict
the law.
3. The decisions of aksakal's courts and third party's arbitration
tribunals may be appealed to the appropriate district and city courts of the
Kyrgyz Republic.
Article
86
1. The
decisions of the courts of the Kyrgyz Republic, which have come into force
shall be binding upon all state bodies, economic subjects, public associations,
officials and citizens on the territory of the Republic.
2. Failure to execute the decisions of the courts which came into
force, as well as interference with the activity of courts shall entail
liability, established by Law.
Article
87
1. A
court shall not be entitled to adopt a normative act which contradicts the
Constitution of the Kyrgyz Republic.
2. If in the course of a hearing in any instance, there arises a
issue of the constitutionality of a law or other act, on which the resolution
of the case depends, the court shall send an inquiry to the Constitutional
Court of the Kyrgyz Republic.
Article
88
1. A
citizen, charged publicly or otherwise, shall have the right to protection of
his/her dignity and rights in
the court; in no circumstances a citizen may be denied of the court
protection.
2. The
defense shall be an inalienable right of a citizen in any stage of the trial of
the case.
If a citizen
does not have funds, the legal assistance and defense shall be provided to
him/her at the expense of the State.
3. Every
participant of the court trial shall have the right to be heard.
Article 89
1. In
criminal and administrative cases, the burden of proof shall stay with the
prosecutor.
2. Evidence
received by way-of violation of law shall be recognized as void, and reference
to such evidence during the trial shall not be allowed.
Article 90
Principles of justice, established by this
Constitution, shall be universal and single for all courts and judges in the
Kyrgyz Republic.
Chapter Seven
LOCAL SELF-ADMINISTRATION
Article 91
Local self-administration in the Kyrgyz Republic
shall be carried out by local associations, which manage affairs of local
character within the bounds of the law and under their own responsibility.
Article 92
Local self-administration shall be carried out
through local keneshes and other organs, which may be formed by the population
itself in procedures established by law.
Organs of local self-administration may have communal property in their
own possession and at their own use and disposal.
Article 93
The fundamentals of the organization and activities
of organs of local self-administration shall be established by the laws of the
Kyrgyz Republic, and their mutual relations with organs of state power shall be
regulated by the laws of the Kyrgyz Republic.
Article 94
Organs of local self-administration may be endowed
with individual state powers, accompanied by the transfer [to them] of the
material, financial, and other means necessary for their execution. Organs of local self-administration shall be
accountable to state organs concerning transferred power.
Article 95
1. Local
keneshes shall:
· approve and monitor programs of social and
economic development of the territory and social protection of the population;
· approve the local budget and report on its
implementation and hear information on the use of extra-budgetary funds;
2. Local keneshes of districts, cities, oblasts shall be entitled to
express no confidence vote to the head of the local state
administration of the appropriate territorial unit, by the majority of
two-thirds of the total number
of deputies.
3. Local keneshes shall operate independently from the local state
administration.
4. Within
their authority, local keneshes shall adopt acts, binding throughout their
territory.
5. Local keneshes and other bodies of local self-administration
shall be liable before the state for observation and implementation
of laws, and before local community for the results of their
activities.
Chapter Eight
THE PROCEDURE OF AMENDING AND SUPPLEMENTING
THE CONSTITUTION OF THE KYRGYZ REPUBLIC
Article 96
1. Amendments and supplements of this Constitution shall be
adopted by referendum, appointed by the President of the Kyrgyz Republic.
2. Amendments and supplements may be adopted in the houses of the
Jogorku Kenesh after a proposal by the President of the Kyrgyz Republic, by a
majority of the total number of deputies of the Legislative Assembly and
Assembly of People's Representatives, or by no fewer than 300, 000 voters.
3. Proposals on introducing amendments and supplements to the
Constitution of the Kyrgyz Republic shall be considered by the Legislative Assembly
and Assembly of People's Representatives, taking into account the ruling of the
Constitutional Court of the Kyrgyz Republic, no earlier than three months and
no later than six months from the day of submission of the proposal to the
Legislative Assembly and Assembly of People's Representatives.
4. The text of a draft law
on introducing amendments and supplements to the Constitution of the Kyrgyz
Republic may not be
altered during discussion on it in the Legislative Assembly and Assembly of
People's
Representatives.
Article 97
1. Amendments and supplements to this Constitution shall be
considered adopted by the Jogorku Kenesh if no fewer than two-thirds of the
total number of deputies of each of its houses have voted for them.
2. The
non-adopted proposal may be re-submitted to the Jogorku Kenesh no earlier than
after one year.
Section II
Laws and other legal acts
which are in effect on the territory of the Kyrgyz Republic before this Law
enters into effect shall be employed insofar as they do not contradict the
Constitution of the . Kyrgyz Republic.
Section III
This Law shall enter into
effect from the moment of its publication by the President of the Kyrgyz
Republic according to the results of the referendum.
President of the Kyrgyz Republic A. Akayev