Constitution of the Kyrgyz Republic-2021

Non-Official Translation

Adopted by referendum
(popular vote)
on April 11, 2021

CONSTITUTION OF THE KYRGYZ REPUBLIC

(Enacted by the Law of the Kyrgyz Republic dated May 5, 2021)

We, the People of the Kyrgyz Republic, aspiring to secure the national revival of the Kyrgyz, the protection and development of interests of representatives of all nationalities, who together with the Kyrgyz form the people of Kyrgyzstan, following our ancestors precepts to live in unity, peace and concord; confirming our adherence to human rights and freedoms and the idea of national statehood; filled with a determination to develop an economy, political and legal institutions and a culture which provide appropriate living standards for everyone; proclaiming our adherence to national ethnic traditions and to moral principles common to all mankind; desiring to establish ourselves among peoples of the world as a free and democratic civil society; through our authorized representatives, hereby adopt this Constitution.

SECTION ONE

FOUNDATIONS OF THE CONSTITUTIONAL ORDER

CHAPTER I. POLITICAL FOUNDATIONS OF THE CONSTITUTIONAL ORDER

Article 1

1. The Kyrgyz Republic (Kyrgyzstan) is an independent, sovereign, democratic, unitary, legal, secular and social state.

2. The sovereignty of the Kyrgyz Republic is not limited and extends to its entire territory.

3. The Kyrgyz Republic independently pursues domestic and foreign policy.

4. The people of the Kyrgyz Republic are the bearer of sovereignty and the only source of state power.

5. The people of Kyrgyzstan are citizens of all ethnic groups of the Kyrgyz Republic.

6. The President and the Jogorku Kenesh have the right to speak on behalf of the people of the Kyrgyz Republic.

Article 2

1. Independent determination of the foundations of the constitutional system is the sovereign right of the people of the Kyrgyz Republic.

2. In the Kyrgyz Republic, people’s power is based on the principles that all power belongs to the people, protection of the rights and freedoms of man and citizen, free and real access to managing the affairs of the state and society.

3. Citizens of the Kyrgyz Republic exercise their power directly in elections and referendums (popular vote), as well as through the system of state bodies and local self-government bodies on the basis of the Constitution and laws of the Kyrgyz Republic.

4. Elections and referenda are held on the basis of free, universal, equal and direct suffrage by secret ballot. Citizens of the Kyrgyz Republic who have reached the age of 18 have the right to vote.

5. Laws and other issues of national importance may be submitted to a referendum. The procedure for holding a referendum is established by constitutional law.

6. It is prohibited to influence the freedom of choice of voters using financial, administrative and other resources prohibited by law.

Article 3

1. The territory of the Kyrgyz Republic within its borders is integral and inviolable.

2. For the purpose of organizing state administration and local self-government, the territory of the Kyrgyz Republic is divided into administrative-territorial units determined by law.

Article 4

State power in the Kyrgyz Republic is based on the following principles:

– the supremacy of the power of the people, represented and ensured by the popularly elected President and the Jogorku Kenesh;

– dividing it into legislative, executive, judicial branches, their coordinated functioning and interaction;

– openness of state bodies, local self-government bodies and their officials, the exercise of their powers in the interests of the people;

– delimitation of powers and functions of state bodies and local self-government bodies;

– prohibition of state and municipal officials to carry out actions (inaction) that create conditions for corruption;

– constitutional, legal and other responsibility of state bodies, local self-government bodies and their officials to the people.

Article 5

1. The state and its organs serve the whole society, and not some part of it.

2. Actions aimed at the forcible seizure and illegal retention of state power, the appropriation of the powers of state bodies, local self-government bodies, and their officials are not allowed.

The usurpation of state power is a particularly grave crime.

Article 6

1. This Constitution has the highest legal force and direct effect in the Kyrgyz Republic.

2. Constitutional laws, laws and other normative legal acts are adopted on the basis of the Constitution.

3. The generally recognized principles and norms of international law, as well as international treaties that have entered into force in accordance with the legislation of the Kyrgyz Republic, are an integral part of the legal system of the Kyrgyz Republic.

The procedure and conditions for the application of international treaties and generally recognized principles and norms of international law are determined by law.

4. Official publication of laws and other normative legal acts is a mandatory condition for their entry into force.

5. A law or other normative legal act that establishes new obligations or aggravates liability does not have retroactive effect.

Article 7

1. People’s Kurultai – a public representative assembly.

The People’s Kurultai, as a consultative, supervisory assembly, makes recommendations on the directions of social development.

2. The organization and procedure for the activities of the People’s Kurultai are determined by the Constitution and the constitutional law.

Article 8

1. Political parties, trade unions and other public associations may be created in the Kyrgyz Republic to implement and protect the rights, freedoms and interests of a person and a citizen.

2. Political parties contribute to the diverse expression of the political will of various social strata and groups of society.

3. In the Kyrgyz Republic it is prohibited:

1) the formation and functioning of party organizations in state and municipal institutions, organizations; implementation by state and municipal employees of party work, with the exception of cases when such work is carried out outside the official activities;

2) membership of military personnel, law enforcement officers and judges in political parties, their speech in support of any political party;

3) the creation of political parties on a religious and ethnic basis, the pursuit of political goals by religious associations;

4) creation by associations of citizens of paramilitary formations;

5) the functioning of political parties, public and religious associations, their representative offices and branches, whose activities are aimed at forcibly changing the constitutional order, undermining national security, inciting social, racial, ethnic and religious hatred.

4. Political parties, trade unions and other public associations ensure the transparency of their financial and economic activities.

Article 9

1. In the Kyrgyz Republic, no religion can be established as a state or obligatory one.

2. Religion and all religious cults are separated from the state.

3. Intervention of religious associations, clergy and clergymen in the activities of state authorities is prohibited.

Article 10

1. The mass media are guaranteed the right to receive information from state bodies and local self-government bodies, their distribution, the right to freedom of expression.

2. Censorship in the Kyrgyz Republic is not allowed. The media are free and carry out their activities in accordance with the law.

3. Information security in the Kyrgyz Republic is protected by the state.

4. In order to protect the younger generation, activities that are contrary to moral and ethical values, public consciousness of the people of the Kyrgyz Republic may be limited by law.

5. The list of activities subject to restriction and the list of information restricted in access and dissemination are established by law.

Article 11

1. The Kyrgyz Republic has no goals of expansion, aggression and military goals.

The Armed Forces of the Kyrgyz Republic are formed on the principles of self-defense and defensive sufficiency.

2. The right to wage war, with the exception of cases of aggression against the Kyrgyz Republic and other states bound by obligations of collective defense, is not recognized. Permission for each case of departure of units of the Armed Forces of the Kyrgyz Republic outside the territory of the Kyrgyz Republic is adopted by the Jogorku Kenesh by a majority of at least two-thirds of the votes of the total number of deputies.

3. The use of the Armed Forces of the Kyrgyz Republic for solving domestic political problems is prohibited.

4. The Kyrgyz Republic strives for coexistence with other states on the principles of consent and justice, mutually beneficial cooperation, peaceful resolution of global and regional problems.

Article 12

State of emergency, state of emergency and martial law in the Kyrgyz Republic are introduced in the cases and in the manner prescribed by the Constitution and laws.

Article 13

1. The Kyrgyz language is the state language of the Kyrgyz Republic.

The procedure for the use of the state language is determined by the constitutional law.

2. Russian is used as the official language in the Kyrgyz Republic.

3. Representatives of all ethnic groups that make up the people of the Kyrgyz Republic are guaranteed the right to create conditions for the preservation, study and development of their native language.

Article 14

1. The Kyrgyz Republic has state symbols – Flag, Emblem, Anthem. Their description and procedure for official use are established by law.

2. The city of Bishkek is the capital of the Kyrgyz Republic.

The cities of Bishkek and Osh are cities of republican significance. The status of cities of republican significance is determined by law.

3. The national currency of the Kyrgyz Republic is the som.

CHAPTER II. SOCIO-ECONOMIC FOUNDATIONS OF THE CONSTITUTIONAL ORDER

Article 15

1. Private, state, municipal and other forms of ownership are equally recognized and protected in the Kyrgyz Republic.

2. Property is inviolable. No one may be arbitrarily deprived of his property. The right to inherit is guaranteed.

Seizure of property against the will of the owner is allowed only by a court decision in the manner prescribed by law.

Seizure of property for public and state needs, determined by law, is carried out by a court decision by providing fair and preliminary security for compensation for the value of this property and losses caused as a result of the alienation of property.

3. Conversion to state ownership of property owned by citizens and legal entities (nationalization) is carried out on the basis of the law with compensation for the value of this property and other losses.

4. The Kyrgyz Republic protects the property of its citizens and legal entities, as well as its property located on the territory of foreign states.

5. Monuments of historical and cultural heritage, architectural, archaeological objects and finds are state property and are specially protected by law.

Article 16

1. Land, its bowels, air space, waters, forests, pastures, flora and fauna, other natural resources are the exclusive property of the Kyrgyz Republic.

2. Land and natural resources are used as the basis of life and activities of the people of the Kyrgyz Republic; in order to preserve a unified ecological system and sustainable development, they are under the control and special protection of the state.

3. Land, with the exception of pastures and forests, may be in private and municipal forms of ownership.

Land cannot be privately owned by foreign citizens and legal entities with foreign participation.

4. Guarantees for the protection of the rights of land owners are determined by law.

Article 17

1. The Kyrgyz Republic creates conditions for the development of various forms of economic activity and protects the interests of the national economy.

2. The directions of economic and social development of the Kyrgyz Republic are reflected in the national programs.

3. The state guarantees the protection of investments and subjects of investment activities in the manner prescribed by law.

Article 18

1. The state budget of the Kyrgyz Republic consists of the republican and local budgets, includes state revenues and expenditures.

2. A unified tax system operates on the territory of the Kyrgyz Republic. The right to establish taxes belongs to the Jogorku Kenesh. Laws that establish new taxes and worsen the position of taxpayers do not have retroactive effect.

Article 19

1. The state takes care of the welfare of the people and their social protection.

2. The Kyrgyz Republic provides support to socially unprotected categories of citizens, labor protection and health.

3. The Kyrgyz Republic develops a system of social services, medical care, provides guarantees of state pensions, benefits and other guarantees of social protection.

Article 20

1. The family is the basis of society. Family, fatherhood, motherhood and childhood are under the protection of society and the state.

2. Respect and care for the father, mother – the sacred duty of children.

3. Children are the most important value of the Kyrgyz Republic. The state creates conditions conducive to the versatile spiritual, moral, intellectual and physical development of children, their civil and patriotic education.

CHAPTER III. SPIRITUAL AND CULTURAL FOUNDATIONS OF SOCIETY

Article 21

1. The state takes care of the development of the culture of the people of Kyrgyzstan, preserving customs and traditions that do not infringe on human rights and freedoms.

2. Honoring the elders and respect for the younger ones is the sacred tradition of the people.

3. The state protects the historical, material and spiritual heritage of the people of Kyrgyzstan.

4. The state ensures interethnic and interfaith harmony.

Article 22

1. The development of society and the state is based on scientific research, modern technologies and innovations.

2. The state supports all types and forms of education in educational institutions, regardless of the form of ownership.

The state takes care of every student, the quality of education and the improvement of the status of teachers.

The state finances and provides material and technical support for the activities of state educational organizations.

3. The state promotes the development of science, scientific and creative development, scientific and technological achievements, discoveries, innovations and inventions.

The state finances and supports scientific institutions and organizations, implements a strategy for their development.

4. The state shall ensure the attestation of scientific and scientific-pedagogical personnel contributing to scientific and technological progress.

5. The National Academy of Sciences of the Kyrgyz Republic, based on the principles of continuity and scientific progress, coordinates directions in the field of fundamental and applied sciences.

SECTION TWO
RIGHTS, FREEDOMS AND DUTIES OF A HUMAN AND A CITIZEN

CHAPTER I. GENERAL PRINCIPLES

Article 23

1. Human rights and freedoms are inalienable and belong to everyone from birth. They are recognized as absolute, inalienable and protected by law and court from encroachment by anyone.

Human rights and freedoms are among the highest values ​​of the Kyrgyz Republic. They act directly, determine the meaning and content of the activities of all state bodies, local governments and their officials.

2. The rights and freedoms of a person and a citizen may be limited by the Constitution and laws in order to protect national security, public order, protect the health and morals of the population, protect the rights and freedoms of others. Such restrictions may also be introduced taking into account the characteristics of the military or other public service. The restrictions imposed must be proportionate to the stated objectives.

3. It is prohibited to adopt by-law normative legal acts restricting the rights and freedoms of a person and a citizen.

4. The law may not establish restrictions on human rights and freedoms for other purposes and to a greater extent than it is provided for by the Constitution.

5. The human rights and freedoms established by the Constitution shall not be subject to any restrictions.

6. The guarantees of prohibition established by the Constitution shall not be subject to any restrictions.

Article 24

1. The Kyrgyz Republic provides all persons within its territory and under its jurisdiction with the protection of their rights and freedoms.

No one may be discriminated against on the basis of sex, race, language, disability, ethnicity, religion, age, political or other opinion, education, origin, property or other status, or other circumstances.

Persons who committed discrimination are liable in accordance with the law.

Special measures established by law and aimed at ensuring equal opportunities for different social groups in accordance with international obligations do not constitute discrimination.

2. In the Kyrgyz Republic, everyone is equal before the law and the courts.

3. In the Kyrgyz Republic, men and women have equal rights and freedoms and equal opportunities for their realization.

CHAPTER II. PERSONAL RIGHTS AND FREEDOMS

Article 25

1. Everyone has the inalienable right to life. Encroachment on human life and health is unacceptable. No one can be arbitrarily deprived of life. The death penalty is prohibited.

2. Everyone has the right to protect his life and health, the life and health of other persons from unlawful encroachments within the limits of necessary defense.

Article 26

1. A family is created on the basis of the voluntary marriage of a man and a woman who have reached the marriageable age established by law. Marriage is not allowed without the consent of the two persons entering into marriage. Marriage is registered by the state.

2. Caring for children, their upbringing is equally the right and duty of both father and mother. Able-bodied, adult children are obliged to take care of their parents.

3. Spouses have equal rights and obligations in marriage and family.

Article 27

1. Every child has the right to a standard of living adequate for his physical, mental, spiritual, moral and social development.

2. The principle of ensuring the best interests of the child is in force in the Kyrgyz Republic.

3. Responsibility for ensuring the living conditions necessary for the development of the child rests with each of the parents, guardians and trustees.

4. The state cares, educates and educates orphans and children left without parental care up to 18 years of age. At the same time, conditions are created for them to receive free primary, secondary and higher professional education. They get social security.

Article 28

1. Slavery and human trafficking are not allowed in the Kyrgyz Republic.

2. The exploitation of child labor is prohibited.

3. Forced labor is prohibited, except in cases of war, liquidation of the consequences of natural disasters and other emergencies, as well as in the execution of a court decision.

Engagement in military, alternative (non-military) service is not considered forced labor.

Article 29

1. Everyone has the right to privacy, protection of honor and dignity.

Human dignity in the Kyrgyz Republic is absolutely and inviolable.

2. No one may be subjected to criminal prosecution for the dissemination of information that discredits or degrades the honor and dignity of a person.

3. Everyone has the right to privacy of correspondence, telephone and other conversations, postal, telegraphic, electronic and other communications. Restriction of these rights is allowed only in accordance with the law and on the basis of a court decision.

4. It is not allowed to collect, store, use and distribute confidential information, information about the private life of a person without his consent, except in cases established by law.

5. Everyone is guaranteed protection, including judicial protection, from the unlawful collection, storage, dissemination of confidential information and information about the private life of a person, and the right to compensation for material and moral damage caused by unlawful actions.

Article 30

1. Everyone has the right to the inviolability of the home and other objects that are in his ownership or other rights. No one can enter a dwelling and other objects against the will of the person in whose use they are.

2. Search, seizure, examination and other actions, as well as the penetration of representatives of the authorities into a dwelling and other objects owned or otherwise entitled, are allowed only on the basis of a court decision.

3. In exceptional cases provided for by law, search, seizure, examination and other actions, penetration of representatives of the authorities into a dwelling and other objects owned or otherwise entitled, are allowed without a court decision. The legality and validity of such actions are subject to consideration by the court.

4. Guarantees and restrictions established by this article also apply to legal entities.

Article 31

1. Everyone has the right to freedom of movement, choice of place of stay and residence within the territory of the Kyrgyz Republic.

2. A citizen of the Kyrgyz Republic has the right to freely travel outside the Kyrgyz Republic and return without hindrance. Restriction of the right to leave is allowed only on the basis of the law.

The right of citizens of the Kyrgyz Republic to unhindered return is not subject to any restrictions.

Article 32

1. Everyone has the right to freedom of thought and opinion.

2. Everyone has the right to freedom of expression, freedom of speech and the press.

3. No one can be forced to express his opinion or refuse it.

4. It is prohibited to promote national, racial, religious hatred, gender and other social superiority, calling for discrimination, hostility or violence.

Article 33

1. Everyone has the right to freely seek, receive, store, use information and disseminate it orally, in writing or in any other way.

2. Everyone has the right to familiarize himself with information about himself in state bodies, local self-government bodies, institutions and organizations.

3. Everyone has the right to receive information about the activities of state bodies, local self-government bodies and their officials, legal entities with the participation of state bodies and local self-government bodies, as well as organizations financed from the republican and local budgets.

4. Everyone is guaranteed access to information held by state bodies, local self-government bodies and their officials. The procedure for providing information is determined by law.

Article 34

1. Everyone is guaranteed freedom of conscience and religion.

2. Everyone has the right to profess individually or in community with others any religion or none.

3. Everyone has the right to freely choose and have religious and other beliefs.

4. No one may be forced to express their religious and other convictions or to renounce them.

Article 35

Everyone has the right to compensation by the state for damage caused by illegal actions (inaction) of state bodies, local governments and their officials in the performance of official duties.

Article 36

Everyone has the right to freedom of association.

CHAPTER III. POLITICAL RIGHTS

Article 37

1. Citizens of the Kyrgyz Republic have the right to elect and be elected to state bodies and local self-government bodies, as well as to participate in a referendum.

2. Citizens of the Kyrgyz Republic have the right to participate in the management of the affairs of society and the state, both directly and through their representatives.

3. Citizens of the Kyrgyz Republic have equal rights, equal opportunities when entering the state civil and municipal service, promotion in a position in the manner prescribed by law.

4. Citizens of the Kyrgyz Republic have the right to participate in the discussion and adoption of laws and decisions of republican and local significance.

5. Everyone has the right to appeal to state authorities, local governments and their officials, who are obliged to provide a reasoned answer within the time period established by law.

6. Citizens have the right to participate in the formation of the republican and local budgets, as well as to receive information on the actually spent funds from the budget.

Article 38

Citizens of the Kyrgyz Republic who have other citizenship are not entitled to hold political and special government positions. This restriction may be established by law for other public positions.

Article 39

1. Everyone has the right to freedom of peaceful assembly. No one can be forced to participate in an assembly.

2. In order to ensure the holding of a peaceful assembly, everyone has the right to submit a notification to state bodies or local self-government bodies.

3. Organizers and participants of peaceful assemblies are not responsible for the lack of notice of a peaceful assembly, non-compliance with the form of notice, its content and deadlines for submission.

4. The organization and procedure for holding peaceful assemblies are determined by law.

CHAPTER IV. ECONOMIC AND SOCIAL RIGHTS

Article 40

Everyone has the right to own, use and dispose of their property, the results of their activities.

Article 41

Everyone has the right to economic freedom, the free use of his abilities and his property for any economic activity not prohibited by law.

Article 42

1. Everyone has the right to freedom of labor, to dispose of his abilities for work, to choose a profession and occupation, protection and working conditions that meet the requirements of safety and hygiene, as well as the right to receive wages not lower than the living wage established by law.

2. Everyone has the right to rest.

3. The maximum working hours, the minimum weekly rest and paid annual leave, as well as other basic conditions for the exercise of the right to rest are determined by law.

4. Citizens have the right to strike. The procedure and conditions for conducting strikes are determined by law.

Article 43

1. Everyone has the right to health care and health insurance. The conditions of health insurance are determined by law.

2. The state creates conditions for medical care for everyone and takes measures to develop state, municipal, private and other healthcare organizations.

The state creates the necessary conditions for employees of medical organizations and provides them with social protection.

3. Citizens have the right to free use of the network of state healthcare organizations.

Medical care, including services on preferential terms, is carried out at the expense of the state in the amount of state guarantees provided for by law.

4. Concealment by officials of facts and circumstances that pose a threat to the life and health of people shall entail liability established by law.

5. Paid medical care for citizens is allowed on the grounds and in the manner established by law.

Article 44

1. In the Kyrgyz Republic, in the manner and cases prescribed by law, social security is guaranteed at the expense of the state in old age, in case of illness, disability, disability, loss of a breadwinner.

2. Pensions, social benefits and other social assistance provide a standard of living not lower than the subsistence minimum established by law.

3. The state ensures the functioning of the system of social protection of persons with disabilities, based on the full and equal exercise of their rights and freedoms of man and citizen, their social integration without any discrimination, the creation of an accessible environment for persons with disabilities and improvement of the quality of their life.

4. The state encourages voluntary social insurance, the creation of additional forms of social security and charitable activities.

5. The social activity of the state should not take the form of state guardianship, which restricts the economic freedom, activity and ability of a citizen to achieve economic well-being for himself and his family.

Article 45

1. Everyone has the right to housing.

2. No one may be arbitrarily deprived of a home.

3. State bodies and local self-government bodies encourage housing construction, create conditions for the realization of the right to housing.

4. Low-income and other needy persons are provided with housing from state, municipal and other housing funds or in social institutions on the grounds and in the manner prescribed by law.

Article 46

1. Everyone has the right to education.

2. Basic general education is compulsory.

3. Everyone has the right to receive pre-school, basic general, secondary general and primary vocational education free of charge in state educational organizations.

4. The state creates conditions for teaching each citizen the state, official and one of the foreign languages, starting from pre-school education institutions to secondary general education.

5. The state creates equal conditions for the development of state, municipal, private and other forms of educational institutions.

6. The state creates conditions for the development of physical culture and sports.

7. The state promotes professional development of citizens in the manner prescribed by law.

Article 47

1. In the Kyrgyz Republic, young people are guaranteed the right to spiritual, cultural, moral and physical development.

2. The state ensures the implementation of a youth policy aimed at creating the necessary conditions for the education and employment of young people, support for young families, free participation of young people in political, social, economic, cultural and other spheres of activity.

Article 48

1. For the purpose of self-realization, personal development, everyone is guaranteed the freedom of scientific, technical, artistic and other types of creativity, teaching and learning. Everyone has the right to carry out creative activities in accordance with their interests and abilities.

2. Everyone has the right to participate in cultural life and access to cultural values.

3. The state creates conditions for improving the legal culture and legal awareness of citizens.

4. Intellectual property is protected by law.

Article 49

1. Everyone has the right to an ecological environment favorable for life and health.

2. Everyone has the right to compensation for harm caused to health or property by actions in the field of nature management.

3. Everyone is obliged to protect and take care of the natural environment, flora and fauna.

Article 50

Everyone is obliged to pay taxes and fees in the cases and in the manner prescribed by law.

CHAPTER V. CITIZENSHIP. RIGHTS AND DUTIES OF A CITIZEN

Article 51

1. Citizenship of the Kyrgyz Republic is a stable legal relationship between a person and the state, expressed in the totality of their mutual rights and obligations.

2. No citizen may be deprived of his citizenship. Persons who are citizens of the Kyrgyz Republic are recognized as belonging to the citizenship of another state in accordance with the laws and international treaties to which the Kyrgyz Republic is a party.

3. Everyone who has proved his belonging to the people of Kyrgyzstan has the right to acquire citizenship of the Kyrgyz Republic in a simplified manner.

Kyrgyz living outside the Kyrgyz Republic, despite having the citizenship of another state, have the right to obtain citizenship of the Kyrgyz Republic in a simplified manner.

The procedure and conditions for acquiring citizenship of the Kyrgyz Republic are determined by law.

4. The passport of a citizen of the Kyrgyz Republic is the property of the state.

5. A citizen of the Kyrgyz Republic cannot be expelled from the republic or extradited to another state.

6. The Kyrgyz Republic guarantees its citizens protection and patronage outside its borders.

7. Foreign citizens or stateless persons who previously held the citizenship of the Kyrgyz Republic are entitled to receive a residence permit in a simplified manner.

Article 52

1. In the Kyrgyz Republic, foreign citizens and stateless persons have rights and obligations on an equal footing with citizens of the Kyrgyz Republic, except for cases established by laws or international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party.

2. The Kyrgyz Republic, in accordance with international obligations, grants political asylum to foreign citizens and stateless persons persecuted for political reasons, as well as for violations of human rights and freedoms.

A person who has received political asylum cannot be extradited to another state.

Article 53

1. Compliance with the rules and norms of social behavior, respect for the interests of society is the duty of every person. The exercise by a person of his rights and freedoms must not violate the rights and freedoms of other persons.

2. Everyone has the right to carry out any actions and activities, except for those prohibited by the Constitution and laws.

3. Everyone is obliged to observe the Constitution and laws, respect the rights, freedoms, honor and dignity of other persons.

Article 54

1. Defense of the Fatherland is a sacred duty and duty of the citizens of the Kyrgyz Republic.

2. Citizens of the Kyrgyz Republic carry out military service within the limits and on the conditions established by law. The grounds and procedure for exemption from military service or its replacement by alternative service shall be established by law.

CHAPTER VI. GUARANTEES OF RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN

Article 55

In the Kyrgyz Republic, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the generally recognized principles and norms of international law, as well as international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party.

Article 56

1. The state ensures the rights and freedoms of citizens in the manner prescribed by the Constitution and laws.

2. The Kyrgyz Republic should not adopt laws that abolish or diminish human rights and freedoms.

3. Restrictions concerning the physical and moral integrity of a person are permissible only on the basis of the law, by a court verdict as a punishment for a crime committed.

4. No one may be subjected to torture or other inhuman, cruel or degrading treatment or punishment.

5. Everyone deprived of liberty has the right to humane treatment that does not degrade human dignity.

6. Medical, biological, psychological experiments on people are prohibited without their voluntary consent, expressed and duly certified.

Article 57

1. Everyone is considered innocent of a crime and/or misdemeanor until his guilt is proven in the manner prescribed by law and established by a court verdict that has entered into legal force. Violation of this principle is the basis for compensation for material damage and moral damage in court.

2. No one is required to prove their innocence. Any doubts about guilt shall be interpreted in favor of the accused.

3. No one can be convicted solely on the basis of his own confession to a crime.

4. The burden of proving guilt rests with the accuser. Evidence obtained in violation of the law cannot be used to substantiate an accusation and make a court decision.

5. No one is obliged to testify and testify against himself, his spouse (s) and close relatives, the circle of which is determined by law.

Article 58

1. Everyone has the right to have a case heard by a jury in cases provided for by law.

2. Every convicted person has the right to ask for pardon and commutation of punishment.

3. No one should be held legally responsible twice for the same offence.

4. Every convicted person has the right to have his case considered by a higher court in accordance with the law.

5. Everyone has the right to apply for protection of their violated rights and freedoms to international human rights bodies in accordance with international treaties that have entered into force in the manner prescribed by law.

Article 59

1. Everyone has the right to liberty and security of person.

2. No one may be deprived of liberty solely on the grounds that he is unable to fulfill any obligation under civil law.

3. No one may be detained, taken into custody, deprived of liberty except by a court decision and only on the grounds and in the manner established by law.

4. No one may be detained for more than 48 hours without a court order.

Every detained person must be brought before a court without delay before the expiration of 48 hours from the moment of detention to decide on the legality and justification of his detention. If the ground on which the person was detained ceases to exist, he must be released immediately.

In some cases, the law may establish shorter periods of detention.

5. Every detained person must be promptly informed of the reasons for the detention and explained to him/her rights.

From the moment of detention, a person is ensured security, is given the opportunity to defend himself personally, to use the qualified legal assistance of a lawyer, as well as the right to a medical examination and medical assistance.

6. Every person detained or detained in violation of the provisions of this article shall have the right to compensation for damage at the expense of the state, with payment of compensation in the manner and amount established by law.

In the event that knowingly illegal and unjustified arrest and detention are discovered, officials bear criminal liability.

Article 60

1. A law establishing or aggravating the liability of a person shall not have retroactive effect. No one can be held responsible for actions that were not recognized as an offense at the time they were committed. If, after the commission of an offense, liability for it is eliminated or mitigated, the new law shall apply.

2. The criminal law establishing liability shall not be applied by analogy.

Article 61

1. Everyone is guaranteed judicial protection of his rights and freedoms provided for by the Constitution, laws, international treaties to which the Kyrgyz Republic is a party, and generally recognized principles and norms of international law.

2. Everyone has the right to protect their rights and freedoms, as well as to ensure the restoration of violated rights by all available means not prohibited by law.

3. The state ensures the development of extrajudicial and pre-trial methods, forms and means of protecting the rights and freedoms of man and citizen.

For out-of-court resolution of disputes arising from civil legal relations, arbitration courts may be established. The procedure for the formation, powers and activities of arbitration courts are determined by law.

4. Everyone has the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided at the expense of the state.

Article 62

1. The state guarantees the publication of laws and other normative legal acts concerning the rights, freedoms and duties of a person, which is a prerequisite for their application.

2. The rights and freedoms established by the Constitution are not exhaustive and should not be interpreted as a denial or derogation of other universally recognized rights and freedoms of man and citizen.

Article 63

1. It is prohibited to adopt laws restricting the freedom of speech, press and mass media.

2. The state guarantees everyone the protection of personal data.

Access to personal data of citizens, their receipt is carried out only in cases provided for by law.

Article 64

The organization and procedure for the activities of the bar as a self-governing professional association of lawyers, as well as the rights, duties and responsibilities of lawyers are determined by law.

Article 65

In the Kyrgyz Republic, folk customs and traditions that do not infringe on human rights and freedoms are supported by the state.

SECTION THREE
STATE AUTHORITIES

CHAPTER I. THE PRESIDENT OF THE KYRGYZ REPUBLIC

Article 66

1. The President is the head of state, the highest official and heads the executive power of the Kyrgyz Republic.

2. The President ensures the unity of the people and state power.

3. The President is the guarantor of the Constitution, the rights and freedoms of man and citizen.

4. The President determines the main directions of the domestic and foreign policy of the state. Ensures the unity of state power, coordination and interaction of state bodies.

5. The President represents the Kyrgyz Republic in domestic and international relations. Takes measures to protect the sovereignty and territorial integrity of the Kyrgyz Republic.

Article 67

1. The President is elected by the citizens of the Kyrgyz Republic for a term of 5 years.

2. The same person cannot be elected President for more than two terms.

Article 68

1. A citizen of the Kyrgyz Republic who has reached the age of 35, speaks the state language and has lived in the republic for at least 15 years in total may be elected President.

2. The number of candidates for the post of President is not limited. A person who has submitted a nationwide development program and collected at least 30,000 signatures of voters can be registered as a presidential candidate.

The procedure for electing the President is determined by constitutional law.

Article 69

1. Upon taking office, the President takes an oath to the people of the Kyrgyz Republic.

2. The powers of the President terminate from the moment the newly elected President takes office.

3. The President, for the period of exercising his powers, suspends his membership in a political party and terminates any actions related to the activities of political parties.

Article 70

1. President:

1) determine the structure and composition of the Cabinet of Ministers;

2) with the consent of the Jogorku Kenesh appoints the Chairman of the Cabinet of Ministers, his deputies and other members of the Cabinet of Ministers;

3) accepts petitions for the resignation of the Chairman of the Cabinet of Ministers, his deputies and other members, the decision on their resignation;

4) on its own initiative or taking into account the proposal of the Jogorku Kenesh, the People’s Kurultai, within the framework of the law, dismiss members of the Cabinet of Ministers and heads of other executive bodies;

5) appoints and dismisses heads of other executive authorities;

6) appoint and dismiss the heads of local state administrations;

7) forms the Administration of the President;

8) form and head the Security Council;

9) appoint and dismiss the Secretary of State;

10) appoint and dismiss the Commissioner for Children’s Rights.

2. President:

1) makes a decision to call a referendum on its own initiative or on the initiative of at least 300 thousand voters, or on the initiative of the majority of the total number of deputies of the Jogorku Kenesh;

2) calls elections to the Jogorku Kenesh in the cases provided for by the Constitution; decides on calling early elections to the Jogorku Kenesh in the manner and in the cases provided for by the Constitution;

3) calls elections to local keneshes; in the manner and cases provided for by law, dissolves local keneshes; calls early elections to local keneshes.

3. President:

1) submits draft laws to the Jogorku Kenesh;

2) signs and promulgates laws; returns laws with objections to the Jogorku Kenesh;

3) addresses the people, the Jogorku Kenesh, the People’s Kurultai with annual messages on the state of affairs in the country and the main directions of the domestic and foreign policy of the state;

4) annually submits to the Jogorku Kenesh information on its activities;

5) have the right to convene, if necessary, an extraordinary meeting of the Jogorku Kenesh and determine the issues to be considered;

6) have the right to speak at meetings of the Jogorku Kenesh and the People’s Kurultai.

4. President:

1) submits candidates to the Jogorku Kenesh for election to the positions of judges of the Constitutional Court and the Supreme Court at the proposal of the Council for Justice Affairs;

2) submits candidates to the Jogorku Kenesh for the dismissal of judges of the Constitutional Court and the Supreme Court at the suggestion of the Council of Judges in cases provided for by this Constitution and the constitutional law;

3) appoints judges of local courts on the proposal of the Council for Justice Affairs;

4) release judges of local courts at the proposal of the Council of Judges in cases provided for by the Constitution and constitutional law;

5) at the suggestion of the Council of Judges from among the judges of the Constitutional Court and the Supreme Court and with the consent of the Jogorku Kenesh, appoints the chairmen of the Constitutional Court and the Supreme Court for a period of 5 years; dismiss the chairmen of the Constitutional Court and the Supreme Court in the manner prescribed by the Constitution and constitutional law;

6) on the proposal of the chairmen of the Constitutional Court and the Supreme Court, from among the judges of the Constitutional Court and the Supreme Court, appoints deputy chairmen of the Constitutional Court and the Supreme Court for a period of 5 years.

5. President:

1) appoints the Prosecutor General with the consent of the Jogorku Kenesh; in cases stipulated by law, dismiss the Prosecutor General with the consent of at least half of the total number of deputies of the Jogorku Kenesh; on the proposal of the Prosecutor General, appoints and dismisses his deputies;

2) nominate a candidate to the Jogorku Kenesh for election to the post of Chairman of the National Bank; at the suggestion of the chairman of the National Bank, appoints deputy chairmen and members of the board of the National Bank, in cases provided for by law, dismisses them from office;

3) submit to the Jogorku Kenesh nominations of candidates for the election and dismissal of half of the composition of the Central Commission for Elections and Referendums;

4) submits to the Jogorku Kenesh for election and dismissal of one-third of the members of the Accounts Chamber;

5) appoints the chairman of the Accounts Chamber from among the members of the Accounts Chamber elected by the Jogorku Kenesh and dismisses him in cases provided for by law.

6. President:

1) represents the Kyrgyz Republic within the country and abroad;

2) negotiates and signs international treaties; has the right to transfer the said powers to other officials;

3) signs instruments of ratification and instruments of accession to international treaties;

4) appoints the heads of diplomatic missions of the Kyrgyz Republic in foreign states and permanent representatives in international organizations; withdraws them; accepts letters of credence and revocable letters of heads of diplomatic missions of foreign states.

7. The President decides on the issues of acceptance and renunciation of the citizenship of the Kyrgyz Republic.

8. The President is the Commander-in-Chief of the Armed Forces of the Kyrgyz Republic, determines, appoints and dismisses the highest command staff of the Armed Forces of the Kyrgyz Republic.

9. President:

1) in cases stipulated by the constitutional law, warns about the introduction of a state of emergency, and, if necessary, introduces it in certain areas without prior announcement, of which it immediately informs the Jogorku Kenesh;

2) announces general or partial mobilization; declares a state of war in the event of aggression or an immediate threat of aggression against the Kyrgyz Republic and immediately submits this issue for consideration by the Jogorku Kenesh;

3) declare martial law in the interests of protecting the country and the security of its citizens and immediately submit this issue for consideration by the Jogorku Kenesh.

10. President:

1) awards state awards, state prizes and confers honorary titles of the Kyrgyz Republic;

2) assigns the highest military ranks, diplomatic ranks and other special ranks;

3) grants pardon.

11. The President exercises other powers provided by the Constitution and laws.

Article 71

The President exercises his powers through the adoption of decrees and orders, which are binding on the entire territory of the Kyrgyz Republic.

Article 72

1. The powers of the President may be terminated early in case of resignation at his request, removal from office in the manner prescribed by the Constitution, as well as in case of impossibility to exercise powers due to illness or in case of his death.

2. If it is impossible for the President to fulfill his duties due to illness, the Jogorku Kenesh, on the basis of the conclusion of the state medical commission created by him, decides on the early dismissal of the President from office by at least two thirds of the total number of deputies of the Jogorku Kenesh.

Article 73

1. The President may be held criminally liable after he has been removed from office.

2. The President may be removed from office on the following grounds:

– for violation of the Constitution and laws;

– for unlawful interference with the powers of the Jogorku Kenesh, the activities of the judiciary.

3. The decision of the Jogorku Kenesh to bring charges against the President to remove him from office must be taken by two thirds of the votes of the total number of deputies of the Jogorku Kenesh on the initiative of at least half of the total number of deputies in the presence of the conclusion of a special commission formed by the Jogorku Kenesh, which is sent to the General prosecutor’s office and the Constitutional Court.

4. The President may be removed from office on the basis of an accusation brought by the Jogorku Kenesh, confirmed by the conclusion of the Prosecutor General on the presence of signs of a crime in the actions of the President, and the conclusion of the Constitutional Court on compliance with the established procedure for bringing charges.

5. The decision of the Jogorku Kenesh to remove the President from office must be taken by a majority of at least two-thirds of the total number of deputies of the Jogorku Kenesh no later than three months after the accusation against the President is brought. If within this period the decision of the Jogorku Kenesh is not adopted, the accusation is considered dismissed.

Article 74

1. In the event of early termination of his powers by the President for the reasons specified in the Constitution, his powers until the election of a new President shall be performed by the Toraga of the Jogorku Kenesh.

2. If it is impossible to exercise the powers of the President of the Toraga of the Jogorku Kenesh, the powers of the President shall be exercised by the Chairman of the Cabinet of Ministers.

3. If it is impossible to exercise the powers of the President of the Toraga of the Jogorku Kenesh and the Chairman of the Cabinet of Ministers, the execution of the powers of the President is determined by the constitutional law.

Article 75

1. All former presidents, except for those removed from office in accordance with the procedure established by the Constitution, have the status of ex-president of the Kyrgyz Republic.

2. The status of the ex-president is established by law.

CHAPTER II. LEGISLATIVE POWER OF THE KYRGYZ REPUBLIC

Article 76

1. The Jogorku Kenesh – the Parliament of the Kyrgyz Republic is the highest representative body exercising legislative power and control functions within its powers.

2. The Jogorku Kenesh consists of 90 deputies and is elected for a term of 5 years.

A citizen of the Kyrgyz Republic who has reached the age of 25 on the election day and has the right to vote may be elected as a deputy of the Jogorku Kenesh.

The procedure for electing deputies to the Jogorku Kenesh is determined by the constitutional law.

3. A deputy of the Jogorku Kenesh may be recalled in the manner and in the cases provided for by the constitutional law.

4. Deputies of the Jogorku Kenesh may join factions and deputy groups.

Article 77

1. The Jogorku Kenesh gathers for its first session no later than 15 days after the election results are determined.

2. The first meeting of the Jogorku Kenesh shall be opened by the oldest deputy of the Jogorku Kenesh.

3. From the day of the first meeting of the Jogorku Kenesh, the powers of the deputies of the Jogorku Kenesh of the previous convocation shall cease.

4. The powers of the newly elected deputies of the Jogorku Kenesh begin from the day they take the oath.

Article 78

1. A deputy of the Jogorku Kenesh may not be subjected to persecution for the opinions expressed by him in connection with his deputy activity or for the results of voting in the Jogorku Kenesh. Bringing a deputy to criminal responsibility is allowed only with the consent of the majority of the total number of deputies of the Jogorku Kenesh, except for cases when he was caught at the scene of the crime.

2. A deputy of the Jogorku Kenesh cannot combine deputy activity with other state or municipal service. He cannot carry out entrepreneurial activities, be a member of the body or supervisory board of a commercial organization.

A deputy of the Jogorku Kenesh may be engaged in scientific, pedagogical and other creative activities.

Article 79

1. The powers of a deputy of the Jogorku Kenesh shall terminate simultaneously with the termination of the activities of the corresponding convocation of the Jogorku Kenesh.

2. The powers of a deputy of the Jogorku Kenesh are terminated early in the following cases:

1) submission by him of a written application for the resignation of deputy powers;

2) renunciation of citizenship, acceptance of citizenship of another state;

3) withdrawal of a deputy mandate;

4) transfer to another job or non-leaving a job that is incompatible with the performance of deputy powers;

5) recognition of elections as invalid;

6) departure for permanent residence outside the Kyrgyz Republic;

7) declaring a deputy incompetent by a court;

8) the entry into force of a judgment of conviction against him;

9) absence from meetings of the Jogorku Kenesh without good reason for 10 working days during one session;

10) the entry into force of a court decision on declaring him missing or dead;

11) the death of a deputy.

3. Early termination of the powers of a deputy of the Jogorku Kenesh on the indicated grounds is carried out by a decision of the Central Commission for Elections and Referendums, adopted no later than 30 calendar days from the date of the grounds.

Article 80

1. Jogorku Kenesh:

1) makes changes and additions to this Constitution in the manner prescribed by the Constitution;

2) passes laws;

3) gives official interpretation of laws;

4) ratifies and denounces international treaties in the manner prescribed by law;

5) resolve issues on changing the state borders of the Kyrgyz Republic;

6) gives consent to the appointment of the Chairman of the Cabinet of Ministers, his deputies and members of the Cabinet of Ministers;

7) approves the republican budget;

8) hears the annual report of the Cabinet of Ministers on the execution of the republican budget;

9) considers issues of the administrative-territorial structure of the Kyrgyz Republic;

10) issue acts of amnesty.

2. Jogorku Kenesh:

1) calls the election of the President;

2) submit proposals to the President on holding a referendum in the manner prescribed by the Constitution.

3. Jogorku Kenesh:

1) on the basis of the proposal of the Council for Justice Affairs, on the proposal of the President, elects judges of the Supreme Court and the Constitutional Court by at least half of the total number of deputies of the Jogorku Kenesh; in cases stipulated by the Constitution and constitutional law, dismiss them from office upon the proposal of the President;

2) at least half of the votes of the total number of deputies of the Jogorku Kenesh give consent to the candidates nominated by the President for the appointment of the chairmen of the Constitutional Court and the Supreme Court from among their judges for a period of 5 years;

3) gives consent to the dismissal of the chairmen of the Constitutional Court and the Supreme Court on the proposal of the President on the basis of the proposal of the Council of Judges in cases provided for by the constitutional law;

4) approve the composition of the Council for Justice in the manner prescribed by the constitutional law;

5) elects, upon the proposal of the President, the Chairman of the National Bank; dismiss him from office in cases provided for by law;

6) elect members of the Central Commission for Elections and Referendums: one half – on the proposal of the President, the other half – on their own initiative and release them in cases provided for by law;

7) elects members of the Accounts Chamber: one third of the composition – on the proposal of the President, two thirds – on their own initiative; release them from office in cases provided for by law;

8) elects, in cases provided for by law, dismisses the Akyikatchy (Ombudsman); agrees to bring him to criminal responsibility;

9) elects, in cases stipulated by law, dismisses his deputies on the proposal of the Akyikatchy (Ombudsman), agrees to bring them to criminal responsibility;

10) on the proposal of the President, gives consent to the appointment, dismissal and bringing to criminal liability of the Prosecutor General by at least half of the total number of deputies of the Jogorku Kenesh;

11) approve by a majority of at least two thirds of the total number of deputies of the Jogorku Kenesh the initiative of one third of the total number of deputies of the Jogorku Kenesh to dismiss the Prosecutor General in cases provided for by law.

4. Jogorku Kenesh:

1) introduces a state of emergency in the manner and in the cases provided for by the constitutional law; approves or cancels the decrees of the President on this issue;

2) resolve issues of war and peace, the introduction of martial law, the declaration of a state of war; approves or cancels presidential decrees on these issues;

3) resolves the issue of the possibility of using the Armed Forces of the Kyrgyz Republic outside its borders, if necessary, to fulfill interstate treaty obligations to maintain peace and security;

4) establishes military ranks, diplomatic ranks and other special ranks of the Kyrgyz Republic;

5) establishes state awards, state prizes and honorary titles of the Kyrgyz Republic.

5. Jogorku Kenesh:

1) hears annual messages, information of the President and speeches of representatives of foreign states, international organizations;

2) hears the annual reports of the Akyikatchy (Ombudsman) and the Chairman of the Central Commission for Elections and Referendums;

3) hears the annual reports of the Prosecutor General, the chairmen of the National Bank, the Accounts Chamber.

6. The Jogorku Kenesh, in the manner prescribed by the Constitution, brings charges against the President; decides to remove the President from office.

7. The Jogorku Kenesh exercises other powers provided for by the Constitution and laws of the Kyrgyz Republic.

Article 81

1. The Jogorku Kenesh elects the Toraga of the Jogorku Kenesh and his deputies from among its members.

2. Speaker of the Jogorku Kenesh:

1) conduct meetings of the Jogorku Kenesh;

2) carry out general management of the preparation of issues for consideration at meetings of the Jogorku Kenesh;

3) signs the acts adopted by the Jogorku Kenesh;

4) represents the Jogorku Kenesh in the Kyrgyz Republic and abroad, ensures the interaction of the Jogorku Kenesh with the President, the People’s Kurultai, state executive authorities, judicial authorities and local self-government;

5) carry out general management and control over the activities of the apparatus of the Jogorku Kenesh;

6) exercise other powers to organize the activities of the Jogorku Kenesh, provided for by the Regulations of the Jogorku Kenesh.

3. Toraga of the Jogorku Kenesh is elected by secret ballot by a majority vote of the total number of deputies of the Jogorku Kenesh.

Toraga of the Jogorku Kenesh annually reports to the Jogorku Kenesh.

Toraga of the Jogorku Kenesh may be recalled by the decision of the Jogorku Kenesh, adopted by a majority vote of the total number of deputies.

Article 82

1. The Jogorku Kenesh forms committees from among the deputies, as well as temporary commissions; forms their compositions.

2. Committees of the Jogorku Kenesh carry out the preparation and preliminary consideration of issues related to the powers of the Jogorku Kenesh, control the implementation of laws and decisions adopted by the Jogorku Kenesh.

3. Laws, normative legal acts of the Jogorku Kenesh are adopted after preliminary consideration of their drafts by the relevant committees of the Jogorku Kenesh.

4. Appointment and dismissal of the heads of state bodies assigned to the powers of the Jogorku Kenesh are made at a meeting of the Jogorku Kenesh, subject to the conclusion of the relevant committees of the Jogorku Kenesh.

Article 83

1. Sessions of the Jogorku Kenesh are carried out in the form of meetings and are held from the first working day of September to the last working day of June of the next year.

2. Sittings of the Jogorku Kenesh are held openly, if the nature of the issues under consideration does not require holding closed meetings.

3. Extraordinary sessions of the Jogorku Kenesh are convened by the President, Toraga of the Jogorku Kenesh and on the initiative of at least one third of the deputies of the Jogorku Kenesh.

4. The session of the Jogorku Kenesh is competent provided that the majority of the total number of deputies of the Jogorku Kenesh is present at it.

5. Decisions of the Jogorku Kenesh are taken at meetings by personal voting of deputies.

Article 84

1. The Jogorku Kenesh may decide to dissolve itself. The decision on self-dissolution is taken at the initiative of one third of the total number of deputies of the Jogorku Kenesh by a majority of at least two thirds of the votes.

2. The President calls early elections within five days from the date of dissolution of the Jogorku Kenesh.

Article 85

The right of legislative initiative belongs to:

1) 10 thousand voters (popular initiative);

2) the President;

3) deputies of the Jogorku Kenesh;

4) Chairman of the Cabinet of Ministers;

5) to the Supreme Court on matters within its jurisdiction;

6) People’s Kurultai;

7) to the Attorney General on matters within his jurisdiction.

Article 86

1. Draft laws are submitted to the Jogorku Kenesh.

2. Draft laws defined by the President and the Chairman of the Cabinet of Ministers as urgent are considered by the Jogorku Kenesh in an extraordinary manner.

3. Draft laws providing for an increase in expenditures covered from the state budget are adopted by the Jogorku Kenesh after the Cabinet of Ministers determines the source of funding.

4. Laws are adopted by the Jogorku Kenesh in three readings.

Laws, decisions of the Jogorku Kenesh are adopted by a majority of the total number of deputies, unless otherwise provided by the Constitution.

5. Constitutional laws, laws on changing the state border are adopted by the Jogorku Kenesh in at least three readings by a majority of at least two-thirds of the votes of the total number of deputies of the Jogorku Kenesh.

Article 87

1. The law adopted by the Jogorku Kenesh shall be sent to the President for signing within 14 working days.

2. The President no later than one month from the date of receipt of the law signs or returns it with his objections to the Jogorku Kenesh for reconsideration.

3. If, upon reconsideration, the law returned with objections is approved in the previously adopted version by a majority of at least two-thirds of the votes of the total number of deputies of the Jogorku Kenesh, such a law is subject to signing by the President within 14 working days from the date of receipt.

Article 88

The law enters into force after 10 days from the date of its official publication in the official print organ, unless another period is provided for in the law itself or the law on the procedure for its entry into force.

CHAPTER III. EXECUTIVE POWER OF THE KYRGYZ REPUBLIC

Article 89

1. Executive power in the Kyrgyz Republic is exercised by the President.

2. The structure and composition of the Cabinet of Ministers are determined by the President.

The Chairman of the Cabinet of Ministers is the head of the Presidential Administration.

3. The President, on the basis of a constitutional law, directs the activities of the executive branch, gives instructions to the Cabinet of Ministers and its subordinate bodies, controls the implementation of its instructions, cancels acts of the Cabinet of Ministers and its subordinate bodies, temporarily removes members of the Cabinet of Ministers from office.

4. The President chairs the meetings of the Cabinet of Ministers.

5. The President bears personal responsibility for the results of the activities of the Cabinet of Ministers and the executive branch.

6. If the Jogorku Kenesh recognizes the report on the execution of the republican budget as unsatisfactory, the responsibility of members of the Cabinet of Ministers is considered by the President.

Article 90

1. The Cabinet of Ministers consists of the Chairman, Deputy Chairmen and other members of the Cabinet of Ministers.

The Chairman of the Cabinet of Ministers, his deputies and members of the Cabinet of Ministers are appointed by the President with the consent of the Jogorku Kenesh.

2. The Chairman of the Cabinet of Ministers, in accordance with the Constitution, constitutional law and decrees of the President, organizes the activities of the Cabinet of Ministers.

The Chairman of the Cabinet of Ministers is responsible to the President for the activities of the Cabinet of Ministers.

Article 91

1. Cabinet of Ministers:

1) ensures the implementation of the Constitution and laws;

2) implements the main directions of the domestic and foreign policy of the state;

3) takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of public order, and the fight against crime;

4) ensures the implementation of measures to protect the sovereignty and territorial integrity of the state, the protection of the constitutional order, as well as measures to strengthen the defense capability, national security and law and order;

5) ensures the implementation of financial, price, tariff, investment and tax policies;

6) develops the republican budget and ensures its implementation;

7) takes measures to ensure equal conditions for the development of all forms of ownership and their protection, management of state property;

8) ensures the implementation of a unified state policy in the socio-economic and cultural spheres;

9) develops and implements nationwide programs for economic, social, scientific and technological, spiritual and cultural development;

10) ensures the implementation of foreign economic activity;

11) ensures effective interaction with civil society;

12) exercise other powers assigned to its jurisdiction by the Constitution and laws.

2. The organization and procedure for the activities of the Cabinet of Ministers are determined by the constitutional law.

Article 92

1. The President, on his own initiative, has the right to dismiss the current composition or a member of the Cabinet of Ministers.

2. Members of the Cabinet of Ministers have the right to submit a petition for resignation. Resignation is accepted or rejected by the President.

The resignation of the Chairman of the Cabinet of Ministers does not entail the resignation of the entire Cabinet of Ministers.

3. Until the appointment of a new composition of the Cabinet of Ministers, the current composition of the Cabinet of Ministers continues to perform its duties.

4. The assumption of office by the elected President entails the resignation of the entire composition of the Cabinet of Ministers.

Article 93

1. Executive power on the territory of the respective administrative-territorial unit is exercised by the local state administration.

2. The organization and activities of the local state administration are determined by law.

3. Local state administrations operate on the basis of the Constitution, laws, normative legal acts of the President and the Cabinet of Ministers.

4. Decisions of the local state administration, adopted within its competence, are binding on the relevant territory.

CHAPTER IV. JUDICIAL AUTHORITY OF THE KYRGYZ REPUBLIC

Article 94

1. Justice in the Kyrgyz Republic is carried out only by the court.

In the manner and cases prescribed by law, citizens of the Kyrgyz Republic have the right to participate in the administration of justice.

2. Judicial power is exercised through constitutional, civil, criminal, administrative and other forms of legal proceedings provided for by law.

3. The judicial system of the Kyrgyz Republic is established by the Constitution and laws; consists of the Constitutional Court, the Supreme Court and local courts.

Specialized courts may be established by law.

The creation of emergency courts is not allowed.

4. The order of organization and activity of courts is determined by the constitutional law.

Article 95

1. Judges are independent and subject only to the Constitution and laws.

2. A judge shall have the right of immunity and may not be detained or taken into custody, subjected to a search or body search, except when he was caught at the scene of a crime.

3. No one has the right to demand from a judge a report on a specific case.

Any interference in the administration of justice is prohibited. Persons guilty of influencing a judge shall be liable under the law.

4. A judge is provided with social, material and other guarantees of his independence in accordance with his status.

5. A judge of the Constitutional Court may be a citizen of the Kyrgyz Republic not younger than 40 years old and not older than 70 years old, who has a higher legal education and at least 15 years of experience in the legal profession.

A judge of the Supreme Court may be a citizen of the Kyrgyz Republic not younger than 40 years old and not older than 70 years old, who has a higher legal education and at least 15 years of experience in the legal profession, including at least 5 years as a judge.

6. Judges of the Constitutional Court and the Supreme Court are elected before reaching the age limit.

7. Chairmen of the Constitutional Court and the Supreme Court are appointed by the President at the proposal of the Council of Judges and with the consent of the Jogorku Kenesh from among the judges of the Constitutional Court and the Supreme Court for a period of 5 years.

Deputy Chairmen of the Constitutional Court and the Supreme Court are appointed by the President on the proposal of the Chairman of the Constitutional Court and the Supreme Court for a period of 5 years.

8. A citizen of the Kyrgyz Republic not younger than 30 years old and not older than 65 years old, who has a higher legal education and at least 5 years of experience in the legal profession, can be a judge of a local court.

Judges of local courts are appointed by the President on the proposal of the Council of Justice for the first time for a period of 5 years, and subsequently – until reaching the age limit. The procedure for the nomination and appointment of judges of local courts is determined by the constitutional law.

From among the judges of local courts, the chairman of the Supreme Court appoints the chairmen of local courts and their deputies for a period of 5 years.

9. The status of judges of the Kyrgyz Republic is determined by the constitutional law, which may establish additional requirements for candidates for the positions of judges and certain restrictions for judges of the Constitutional Court, the Supreme Court and local courts.

Article 96

1. Judges of all courts of the Kyrgyz Republic hold their positions and retain their powers as long as their behavior is impeccable. Violation of the requirements for the impeccable behavior of a judge is the basis for holding the judge liable in the manner determined by constitutional law.

2. In case of violation of the requirements of impeccability, a judge of a local court is dismissed from office at the proposal of the Council of Judges in accordance with the constitutional law.

On the above grounds, judges of the Constitutional Court and the Supreme Court may be early dismissed by the Jogorku Kenesh by a majority of at least two-thirds of the total number of deputies of the Jogorku Kenesh on the proposal of the President, except for the cases specified in the Constitution.

The dismissal of judges of local courts in the cases specified in the Constitution is carried out by the President upon the proposal of the Council of Judges.

A person dismissed from the position of a judge in connection with his violation of the requirements of impeccability does not have the right to further hold the positions of a judge and positions in law enforcement agencies established by law, and is deprived of the right to enjoy the benefits established for judges.

3. The powers of a judge shall be terminated at the proposal of the Council of Judges by the body that appointed him in accordance with the constitutional law, from the date of occurrence of the following grounds:

– death of a judge;

– reaching the age limit;

– voluntary resignation or transfer to another job;

– Declaring him dead or missing;

– recognition as incompetent;

– renunciation of citizenship or acquisition of citizenship of another state;

– in other cases not related to violation of the requirements of impeccable behavior.

4. Temporary removal from office, bringing judges to criminal and other liability is allowed with the consent of the Council of Judges in the manner determined by the constitutional law.

5. The selection of candidates for the positions of judges of local courts is carried out by the Council for Justice Affairs in the manner determined by the constitutional law.

6. The transfer (rotation) of a judge of a local court is carried out by the President on the proposal of the Chairman of the Supreme Court in the manner and in the cases determined by the constitutional law.

7. The Council for Justice Affairs is formed from among judges, constituting at least two thirds of its composition, representatives of the President, the Jogorku Kenesh, the People’s Kurultai and the legal community, constituting one third of its composition.

8. The organization and activities of the Council for Justice Affairs, its powers and the procedure for its formation are determined by the constitutional law.

Article 97

1. The Constitutional Court is the highest body of judicial power, exercising constitutional control through constitutional proceedings in order to protect the foundations of the constitutional order, fundamental human and civil rights and freedoms, ensure the rule and direct operation of the Constitution.

2. Constitutional Court:

1) gives an official interpretation of the Constitution;

2) resolve cases on the compliance of laws and other normative legal acts of the Kyrgyz Republic with the Constitution;

3) gives an opinion on the constitutionality of international treaties that have not entered into force, to which the Kyrgyz Republic is a party;

4) resolves disputes on competence between the branches of state power;

5) gives an opinion to the draft law on amendments and additions to this Constitution;

6) gives an opinion on compliance with the established procedure for bringing charges against the President.

3. Everyone has the right to challenge the constitutionality of a law and other normative legal acts if he considers that they violate the rights and freedoms recognized by the Constitution.

4. The decision of the Constitutional Court is final and not subject to appeal.

5. The establishment by the Constitutional Court of the unconstitutionality of laws or their provisions cancels their effect on the territory of the Kyrgyz Republic, and also cancels the effect of other regulatory legal acts based on laws or their provisions recognized as unconstitutional, with the exception of court decisions.

The establishment by the Constitutional Court of the unconstitutionality of by-laws or their parts cancels their effect on the territory of the Kyrgyz Republic.

6. Judicial decisions based on the norms of laws recognized as unconstitutional are reviewed by the court in each specific case on the basis of complaints from citizens whose rights and freedoms have been affected.

7. The composition and procedure for the formation of the Constitutional Court, as well as the procedure for the implementation of constitutional proceedings are determined by the constitutional law.

Article 98

1. The Supreme Court of the Kyrgyz Republic is the highest judicial authority.

2. The Supreme Court shall review judicial decisions based on the applications of the participants in the judicial process in civil, criminal, economic, administrative and other cases in the manner prescribed by law.

3. The Plenum of the Supreme Court gives clarifications on issues of judicial practice, which are obligatory for all courts and judges of the Kyrgyz Republic.

4. Decisions of the Supreme Court are final and not subject to appeal.

Article 99

1. The state shall provide funding and proper conditions for the functioning of the courts and the activities of judges.

Financing of the courts is carried out at the expense of the republican budget and should ensure the possibility of full and independent administration of justice.

2. The budget of the judiciary is formed independently by the judiciary and included in the republican budget.

Article 100

1. Trial of cases in all courts is carried out openly. Hearing a case in closed session is allowed only in cases provided for by law. The decision of the court is announced publicly.

2. Trial of cases in absentia in courts is not allowed, except in cases provided for by law.

3. Legal proceedings are carried out on the basis of equality and competitiveness of the parties.

4. Cancellation, modification or suspension of a court decision shall be carried out by the court in accordance with the procedure established by law.

5. The procedural rights of participants in the trial, as well as the rights of persons whose rights and interests were affected by court decisions, including the right to appeal against decisions, sentences, as well as the procedure for their implementation, are determined by law.

Article 101

1. Decisions of the courts of the Kyrgyz Republic that have entered into legal force are binding on all state bodies, local self-government bodies, legal entities, public associations, officials and individuals and are subject to execution throughout the territory of the republic.

2. The court exercises control over the execution of court decisions and private rulings adopted by it.

3. Non-execution, improper execution or obstruction of the execution of court decisions shall entail liability established by law.

Article 102

1. The court is not entitled to apply a normative legal act that is contrary to the Constitution.

2. If, during the consideration of a case in any court instance, a question arose about the constitutionality of a law or other regulatory legal act on which the decision of the case depends, the court sends a request to the Constitutional Court.

Article 103

1. Judicial self-government operates to resolve issues of the internal activities of courts.

2. Bodies of judicial self-government in the Kyrgyz Republic are the Congress of Judges, the Council of Judges and the Assembly of Judges.

The Congress of Judges is the highest body of judicial self-government.

The Council of Judges is an elected body of judicial self-government, which operates between congresses of judges and protects the rights and legitimate interests of judges, considers issues of bringing judges to disciplinary responsibility, controls the formation and execution of the budget of courts, organizes training and advanced training for judges.

The meeting of judges is the primary body of judicial self-government.

3. The organization and procedure for the activities of bodies of judicial self-government are determined by law.

Article 104

Justice is administered free of charge in the cases provided for by law, as well as in any case when the persons participating in the trial present evidence that they do not have sufficient funds to conduct it.

CHAPTER V. STATE AUTHORITIES OF THE KYRGYZ REPUBLIC WITH A SPECIAL STATUS

Article 105

Supervision over the exact and uniform execution of laws and other normative legal acts is carried out by the Prosecutor’s Office of the Kyrgyz Republic.

Bodies of the prosecutor’s office carry out criminal prosecution, participate in court proceedings, supervise the execution of court decisions and other powers provided for by constitutional law.

Article 106

The National Bank supervises the banking system of the Kyrgyz Republic, determines and implements the monetary policy in the Kyrgyz Republic, develops and implements a single monetary policy, has the exclusive right to issue banknotes, and implements various forms and principles of bank financing.

Article 107

The Central Commission for Elections and Referendums ensures the preparation and conduct of elections and referendums in the Kyrgyz Republic.

Article 108

The Accounts Chamber audits the execution of the republican and local budgets, extra-budgetary funds, the use of state and municipal property.

Article 109

Parliamentary control over the observance of human and civil rights and freedoms in the Kyrgyz Republic is carried out by Akyikatchy (Ombudsman).

Article 110

The organization and procedure for the activities of the state bodies specified in this section, as well as guarantees of their independence, are determined by constitutional laws.

SECTION FOUR
LOCAL SELF-GOVERNMENT

Article 111

1. Local self-government is the right guaranteed by the Constitution and the real opportunity for local communities to independently resolve issues of local importance in their own interests and under their own responsibility.

2. Local self-government in the Kyrgyz Republic is carried out by local communities on the territory of the respective administrative-territorial unit.

3. Local self-government is carried out by local communities of citizens directly or through local self-government bodies.

4. Financing of local self-government is provided from the relevant local budget, as well as from the republican budget.

5. The state guarantees the independence of local governments in the formation and execution of local budgets.

The formation and execution of the local budget is carried out in accordance with the principles of transparency, public participation and accountability of local governments to the local community.

Article 112

1. Bodies of local self-government consist of representative bodies and executive bodies.

2. Executive bodies of local self-government and their leaders are accountable in their activities to representative bodies.

Article 113

1. Deputies of local keneshes are elected by citizens residing in the respective administrative-territorial unit in the manner prescribed by law with equal opportunities.

2. The powers and organization of the activities of the executive bodies of local self-government are determined in the manner prescribed by law.

3. Local keneshes in accordance with the law:

1) approve local budgets, control their execution;

2) approve programs for socio-economic development and social protection of the population of the local community;

3) resolve other issues of local importance in cases provided for by laws.

Article 114

1. State bodies shall not have the right to interfere with the powers of local self-government bodies, except in cases provided for by law.

2. State powers may be delegated to local self-government bodies upon transfer of material, financial and other resources necessary for their implementation. State powers may be delegated to local self-government bodies on the basis of laws and other regulatory legal acts. Local self-government bodies are accountable to state bodies for the powers delegated to them.

3. Local self-government bodies are responsible to the state and its bodies for the implementation of laws, to the local community – for the results of their work.

4. Bodies of local self-government are guaranteed judicial protection in the event of reimbursement of additional expenses of the local budget arising by decision of state bodies.

Article 115

1. In the Kyrgyz Republic, citizens have the right to establish aksakal courts.

2. The courts of aksakals, in accordance with the powers provided for by law, consider cases with the aim of reconciling the parties and making fair decisions that do not contradict the law.

3. Decisions of aksakal courts may be appealed in the manner prescribed by law.

4. The activity of aksakal courts is financed from the local budget.

5. The procedure for the creation of aksakal courts, their powers and activities are determined by law.

SECTION FIVE
ORDER OF ADOPTION, AMENDMENTS AND ADDITIONS TO THE CONSTITUTION

Article 116

1. The Constitution may be adopted on the initiative of at least 300,000 voters or the President, or two-thirds of the total number of deputies of the Jogorku Kenesh at a referendum appointed by the President.

2. Changes and additions to the provisions of the first, second and fifth sections of the Constitution may be adopted at the initiative of at least 300 thousand voters or the President, or two thirds of the total number of deputies of the Jogorku Kenesh at a referendum appointed by the President.

3. Changes and additions to the provisions of the third and fourth sections of the Constitution are adopted by the Jogorku Kenesh on the initiative of the President or two thirds of the total number of deputies of the Jogorku Kenesh.

The Jogorku Kenesh adopts the law on amendments and additions to the Constitution no later than 6 months from the day the draft law is submitted for consideration by the Jogorku Kenesh.

The law on amendments to the Constitution is adopted by the Jogorku Kenesh by a majority of at least two-thirds of the votes of the total number of deputies of the Jogorku Kenesh after at least three readings with a break between readings of 2 months.

4. The Constitutional Court of the Kyrgyz Republic issues an opinion for making amendments and additions to the Constitution.

5. It is prohibited to adopt the Constitution and make changes and additions to the Constitution during a state of emergency and martial law.

6. The law on the adoption of the Constitution, amendments and additions to the Constitution is signed by the President.

7. Amendments and additions to the Constitution may provide for the adoption of the Constitution in a new edition.

President of the Kyrgyz Republic

S.Zhaparov

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