UPDATE: A Guide to the Legal System and Legal Research in the Kyrgyz Republic

 

By Sania Battalova
(Previously updated by By Sania Battalova in March 2006)
Update by Sultan Tolomushev and Mirfozil Khasanov

 

Published April/May 2014

See the Archive Version!

 

 

Sultan Tolomushev is a lawyer at Arte Law firm , Kyrgyzstan. He holds B.A. degree in International and Business law from the American University of Central Asia. Sultan is one of the contributors of “Contemporary International Law Materials and Cases” resource book.

Mirfozil (Fazil) Khasanov worked for US and international human rights and humanitarian organizations in education, training and torture prevention projects. He co-authored articles on civil society development in Uzbekistan and was responsible for the project of official translation of international humanitarian law instruments into Uzbek.  

Sania Battalova is the head of the Library of the American University – Central Asia. Before this position, she worked for five years as information and computer technology specialist of the Library Center for Legal Information of the National Library of Kyrgyz Republic in Bishkek. She holds an M.S. degree from the Kyrgyz Technical University - the Faculty of Automating Systems and Operation. Her second M.S. degree is in Organization Management from the Institute of Social Development. Sania is the first recipient of AALL FCIL-SIS Ellen Schaffer Foreign Law Librarian's Grant (2001).

 

 

 

Table of contents

Introduction

State structure

The president of Kyrgyzstan

The Parliament (Jogorku Kenesh) of Kyrgyzstan

Lawmaking

The Government of Kyrgyzstan

The legal system of Kyrgyzstan

The Judicial system

Local administration

The electoral process in Kyrgyzstan

President

Jogorku Kenesh election procedure

Local administration election procedure

Enterprise Activity

Banking Law

Intellectual Property

Labor Law

Law of Property

Tax Law

Land Reform

Web Resources

 

Introduction

Located in in Central Asia, Kyrgyzstan is a mountainous country shares its borders with Kazakhstan on the North, Uzbekistan on the South-West, Tajikistan on the South and China on the East. The country’s full name is the Kyrgyz Republic; brief name is Kyrgyzstan.  The total area of Kyrgyzstan is 199 thousand square kilometers. 94,2 % of its territory lies 1,000 meters above the sea level and 40,8% - above 3,000 meters.  The average height above the sea level is 2,750 meters, maximum altitude is 7,439 meters and minimum altitude is 401 meters. Kyrgyzstan has a continental climate. The temperature drops to -40◦C in winter and rises to +40◦C in summer. All the natural zones are presented in the Kyrgyzstan except tropical zone. Kyrgyzstan is one of the 20 countries, which are fully provided with fresh water.

 

At the beginning of 2013, according to preliminary estimates, the resident population of the Kyrgyz Republic was 5,682,000 people. Of this number, the indigenous population (Kyrgyz) accounts about 72%.

 

The State language is Kyrgyz; the overwhelming majority of the population speaks Russian (also an official language) (Article 10, Constitution of the Kyrgyz Republic).  Major religions include Islam, Christianity – the majority of the population is Sunni Muslim.

 

 

The regional structure of Kyrgyzstan

For the purposes of organizing the state government and the local self-government, the territory of the Kyrgyz Republic is divided by law into administrative-territorial units:

·        7 provinces (Batken, Chui, Issyk-kul, Jalal-abad, Naryn, Talas, Osh)

·        2 cities recognized as having 'republic' (national) importance (Osh and Bishkek)

·        40 districts;

·        22 cities.

 

The capital of Kyrgyzstan is Bishkek.

 

Administrative Map of Kyrgyzstan

 

The territory of Kyrgyzstan is one of the ancient centers of human civilization. Stone utensils found in the   Tian Shan   Mountains denote the presence of human society on the territory of   Kyrgyzstan   as many as 200,000 to 300,000 years ago. The first written records of a civilization in the area occupied by Kyrgyzstan stipulated in Chinese chronicles date to 2000 B.C.

 

The Kyrgyz tribes, spread over a vast territory, actively participated in the historic events of Central Asia. They managed to preserve their ethnic autonomy and became a core of attraction of other ethnic groups.

 

In 1863 the northern part, and in 1876 the southern parts, of Kyrgyzstan joined the Russian Empire. After the socialist revolution in 1917, the Kyrgyz together with all the peoples of the former Tsarist Russia formed soviet republics.

 

In 1918 Kyrgyzstan became part of Turkistan ASSR. After the state demarcation of Soviet republics in Central Asia on October 14, 1924, Kara-Kyrgyz (since May 25, 1925 - Kyrgyz) autonomous province was formed as part of the Russian Federation. On February 1, 1926 it was transformed into the Kyrgyz ASSR and on December 5, 1936-into the Kyrgyz SSR.

 

The Kyrgyz people received national independence and sovereignty in a peaceful way after the breakup of the USSR. December 15, 1990 is the day of the Declaration of Sovereignty of the Republic, and August 31, 1991 - is the day of the Declaration of Independence.

According to the Constitution, the Kyrgyz Republic is a sovereign, unitary and democratic republic and it is based on the principles of a secular state. The people of Kyrgyzstan are the sovereignty bearer and the only source of the state power.

 

The State Structur e

The basic principles of the state structure of the Kyrgyz Republic are defined by the Constitution of the Kyrgyz Republic adopted through a nationwide referendum on June 27, 2010 that replaced the previous constitution of 1993.  The 2010 Constitution brought Kyrgyzstan back from the presidential republic to parliamentary. Though 1993 Constitution also provided for the parliamentary system, subsequent amendments thereto moved it to the presidential republic.

 

The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic secular, unitary and social state governed by the rule of law.

 

The state power in the Kyrgyz Republic is based on the following principles:

·        supremacy of the popular power, represented and ensured by the Jogorku Kenesh and the President of the Kyrgyz Republic elected nationwide;

·        separation of state power;

·        openness and the accountability of the state authorities, self-governance bodies towards the people and the exercise of their powers the in interests of the people;

·        separation of functions and powers of state authorities and local self-government.

 

 State power in the Kyrgyz Republic is represented and exercised by:

·        President of the Kyrgyz Republic

·        Jogorku Kenesh (Parliament) of the Kyrgyz Republic

·        Executive power of the Kyrgyz Republic

o    The Government of the Kyrgyz Republic

o    Local State Administration

·        Courts and justices of the Kyrgyz Republic

o    Supreme Court

o    Military Court

o    Appeal court of the second instance

o    Local courts of the first instance.

 

As of 2013, the Ministry of Justice's registry contained records of 5,501 public associations, 4,563 public foundations, 353 religious organizations and 205 political parties.

 

The major political parties include Respublika(Republic),  Ar-Namys (Dignity), Atazhurt (Fatherland), Ata Meken (Fatherland), and the Social Democratic party.

 

There are about 1,500 mass media registered in Kyrgyzstan. They disseminate their news in Kyrgyz, Russian Uzbek, German, Turkish, Chinese, Uigur, and English.

 

The largest circulations have newspapers such as "Slovo Kyrgyzstana ", "Vecherniy Bishkek", "Delo №", and "Erkin Too".

 

The President of Kyrgyzstan

In the Kyrgyz Republic the institution of the Presidency was established on October 24, 1990 by the Supreme Council of the Kyrgyz Republic of the twelfth convocation. On October 27, 1990 the Parliament of Kyrgyzstan elected Askar Akaev as the President of the Kyrgyz Soviet Socialist Republic. At the nation-wide elections on October 12, 1991 he was elected as the First President of the independent Kyrgyzstan. The people of Kyrgyzstan confirmed Akaev's powers as the President of state at the national referendum on January 30, 1994.

 

On December 24, 1995 the President of the Kyrgyz Republic, Askar Akaev, was re-elected for the next term.

 

The regular presidential elections were expected to be held in October, 2005. However, 2005 parliamentary elections that preceded the presidential elections were seen by many Kyrgyzstanis as corrupt and they triggered public protests that led to the ousting of the President Akaev, an event that media quickly called “the Tulip revolution”. 

 

Very much like Georgia's Rose Revolution and Ukraine's Orange Revolution, the Tulip revolution has been a result of fraudulent elections, empowered civil society, general impoverishment of the population and widespread corruption in the public sector. The revolution in Kyrgyzstan was different from the other so called Colored revolutions by absence of shared ideological platform of the opposition and the leading party, as well as difference among the oppositioners about the future course of the country. Over the course of revolution a peculiar union of leaders was made – of Kurmanbek Bakiev and Felix Kulov - each used to be in the staff of the top leadership, and at times used to be in opposition to the former president.

 

(Based on the materials, prepared by the political analyst Ainura Cholponkulova for the Round Table of the Social Research Center of the American University in Central Asia, Bishkek, Kyrgyzstan, December 17, 2005.)

 

Extraordinary (special) elections of the president of the country were conducted on July, 10, 2005. There were six candidates for the office of the president, including the acting President Kurmanbek Bakiev and Felix Kulov. However, in order to avoid the rift in the government and to immediately put an end to political instability, Kulov and Bakiev reached an agreement in the second week of May, that Kulov would leave the political battle, and Bakiev, if elected as the President, would appoint Kulov to the the Prime Minister office.  

 

In the extraordinary presidential elections of July 10, 2006, Kurmanbek Bakiev was elected as the second president of the country, winning 88.82 % of the votes.

 

Among the priorities called by the newly elected president were the following:

·        to build new architecture for power, which will not permit a return to authoritarianism;

·        to dismantle the corruption system;

·        to bring new economic politics in, which will provide an auspicious environment for economic growth;

·        to move a new generation of young highly qualified and honest leaders and politicians out for  the administrative sphere of influence.

 

However, President Kurmanbek Bakiev failed to implement the abovementioned priorities. On 6 April 2010, demonstration led by the leaders of opposition protested against government corruption and increased living expenses. The latter resulted in nationwide mass protests. According to the governmental reports, almost 90 people were killed and about 450 people were hospitalized due to the clashes between protesters and police. Bakiev resigned on 15 April 2014. Opposition organized interim government headed by Roza Otunbaeva

 

On 27 June constitutional referendum was held in Kyrgyzstan. The new constitution made Kyrgyzstan a   parliamentary democracy,   moving it away from a   presidential system . President Roza Otunbaeva continued to hold office of “the President of Transitional period”.

 

On 30 October 2011 presidential elections were won by Almazbek Atambaev who replaced the interim President Roza Otunbaeva. In accordance with the current constitution, the presidential term is six years long, but re-election is barred.

 

More information about the President can be found on the official web-site.

 

Nowadays the procedure of election, competences, termination of power of the President of the Kyrgyz Republic are regulated by the third section of the Constitution of the Kyrgyz Republic called “President”.  Powers of the President are defined in article 64 of the Constitution of the KR.

 

The President of the Kyrgyz Republic is the head of the state, the supreme official and the Commander-in-Chief of the Armed Forces.

 

The President of the Kyrgyz Republic directs foreign policy, represents the Kyrgyz Republic inside and outside the country, takes measures to protect the sovereignty and territorial integrity of the Kyrgyz Republic, and ensures the integrity and continuity of the state power and coordinated functioning and interaction of state bodies, and their responsibility to the people.

 

The President   introduces nominations to Supreme Court judges and Chairman of the National Bank to the Jogorku Kenesh of the Kyrgyz Republic for appointment or election; appoints Prosecutor General with the consent of the Jogorku Kenesh, signs and promulgates laws or returns them with his objections, publicizes laws;  , appoints elections to the parliament, as well as to local councils, chairs the Council of Defense.

 

 

The executive power in the country is exercised by the government of the Kyrgyz Republic, its ministries, state committees, administrative departments, and local state administrations.

 

 

 

The Parliament (Jogorku Kenesh) of Kyrgyzstan

The Jogorku Kenesh is the parliament of the Kyrgyz Republic.

 

The Parliament of the Kyrgyz Republic:

·        Is the highest representative body

·        Exercises a legislative power

·        Exercises the oversight functions within the limits of its competence.

 

The Jogorku Kenesh adopts laws scheduling referenda, calls for presidential elections, makes changes to the Constitution, adopts laws, ratifies and denunciates international treaties, approves the national budget and hears reports on its execution, issues amnesty acts, approves the program of the activity of the Government, defines its structure and composition except for the members heading state agencies in charge of issues of defense and national security, makes decisions upon the confidence in the Government, elect the judges of the Supreme Court and the Chairperson of the National Bank, elects the Central Electoral Commission and Human Rights Ombudsman, declares the state of emergency, decides on the issues of peace and war, court martial, state of war and the use of the Armed Forces outside the country pursuant to international commitments. Powers of Jogorky Kenesh are defined in article 74 of of the Constitution of the KR.

 

The Jogorku Kenesh hears the annual reports by the Human Rights Ombudsman, the Prime Minister, the Prosecutor General, the Chairman of the National Bank and the Chairman of the Audit Chamber. It can bring charges against the President and impeach him.

 

According to the Constitution of 2010, the Jogorku Kenesh is unicameral and consists of 120 members, elected for the term of five years by party-list proportional voting. Parties are limited to 65 seats in order to prevent power concentration.

 

The Jogorku Kenesh shall choose from among the parliamentarians, the Toraga of the Jogorku Kenesh [the Speaker], and his or her deputies.

 

The Jogorku Kenesh may form  committees and temporary commissions.  Budget and public order commissions have to be chaired by the parliamentary opposition.

 

Lawmaking

The right to initiate laws belongs:

·        To 10,000 voters (popular initiative);

·        To a member of the Jogorku Kenesh;

·        To the Government of the Kyrgyz Republic.

 

Bills are submitted to Jogorku Kenesh.  Pursuant the Law on Regulation of the Jogorku Kenesh of 2011 (amended 2014), the submitted bill goes to the legal service of the committee and then to the Expert Group on National Security under the Speaker. Upon positive feedback from both, the Speaker sends it to the appropriate committee of Jogorku Kenesh. The committee is obliged to submit the bill with the conclusion for consideration Jogorku Kenesh’s sessions not later than one month. The bill is deemed accepted if the majority of deputies has voted for it.

 

The law accepted by Jogorku Kenesh within one month goes to the President of the Kyrgyz Republic for signing. The President, not later than one month from the date of receipt of the law, signs or returns it with the objections to Jogorku Kenesh for re-examination. If the law will be approved in earlier accepted edition by not less than two thirds of of the total  number of deputies of Jogorku Kenesh upon re-examination, such law has to be signed by the President within 14 days since the date of its receipt.

 

The law comes into force after 10 days from its promulgation, if not provided otherwise in the law itself or in the law on the procedure for its entry into force.

 

The mechanism of the popular right to initiate legislation is defined in the Law on Popular Legislative Initiative of 16 November 2011.

 

The Government of Kyrgyzsta n

According to the Constitution of Kyrgyzstan, the executive power is exercised by the Government of the Kyrgyz Republic, the ministries subordinated to it, the state committees, administrative departments, and local state administration.

 

The government is headed by the Prime Minister and consists of the Prime Minister of the Kyrgyz Republic, vice-prime ministers, ministers and chairpersons of the state committees of the Kyrgyz Republic.

 

 Pursuant to the constitutional law on the Government of the Kyrgyz Republic, the Prime Minister can change the composition of the government with subsequent approval of such decision by the Jogorku Kenesh. The Jogorku Kenesh approved following structure of the Government on 23 December 2011:

·        Ministry of the Interior of the Kyrgyz Republic

·        Ministry of Health of the Kyrgyz Republic

·        Ministry for Foreign Affairs of the Kyrgyz Republic

·        Ministry of Culture, Information and Tourism of the Kyrgyz Republic

·        Ministry of Defense of the Kyrgyz Republic

·        Ministry of Education and Science of the Kyrgyz Republic

·        Ministry of Agriculture and Amelioration

·        Ministry of Transport and Communications of the Kyrgyz Republic

·        Ministry of Social Development of the Kyrgyz Republic

·        Ministry of Economy of the Kyrgyz Republic

·        Ministry of Emergency of the Kyrgyz Republic

·        Ministry of Energy and Industry of the Kyrgyz Republic

·        Ministry of Justice of the Kyrgyz Republic

·        Ministry of Labor, Migration and Youth

·        Ministry of Finance

·        State Committee of the National Security

 

More information about members of Government can be found here .

 

 The Prime Minister is nominated by a parliamentary faction or coalition of factions representing more than a half of the total number of mandates. The candidate for the office of the Prime Minister shall submit to the Jogorku Kenesh the program, structure and composition of the Government. In the event that before expiration of the above time period the Jogorku Kenesh fails to approve the program, define the structure and composition of the Government or in case based on the

results of the elections neither party shall get more than one half of deputies’ mandates, then the President

shall propose to one of factions to create parliamentary majority within 15 working days and

nominate the candidate for the office of the Prime minister.

 

The government is responsible to the Jogorku Kenesh within the limits stipulated by the Constitution of the Kyrgyz Republic.

 

The legal status of the Government and its competences are regulated by the Constitution of the Kyrgyz Republic and in the Law “On the Government of the Kyrgyz Republic” (of June, 18 2012).

 

The Government ensures the implementation of the Constitution and laws of the Kyrgyz Republic; implements internal and foreign policy of the state; carries out measures to uphold law and order, rights and freedom of citizens,  to protect  a public order, and to combat crime;  ensures the implementation of financial, pricing, tariff, investment and a tax policy; drafts and submits the national budget to the Jogorku Kenesh and provides for its implementation; reports to Jogorku Kenesh on implementation of the national budget; ensures the implementation of a unified state policy; develops and carries out nation-wide programs of development; ensures implementation of foreign economic activities; ensures the interaction with the civil society.

 

Th e Legal System of Kyrgyzsta n

The legal system of Kyrgyzstan was developed within the framework of the Soviet law and has, in the post-independence period, been moving towards modern legal system.  In many aspects it bears similarities to legal systems of the Russian Federation and other former Soviet republics, now members of the CIS.

 

 

The basic source of the rule of law in Kyrgyzstan is the legislation. The hierarchy of statutory acts is determined by the Law “On normative legal acts of the Kyrgyz Republic” of July 20, 2009 (as of March 14, 2014):

·        The Constitution of the Kyrgyz Republic or law introducing alterations thereto

·        Constitutional laws,

·        Codes,

·        Laws,

·        Decrees of the President of the Kyrgyz Republic,

·        Resolutions of Jogorku Kenesh,

·        Resolutions of the Government of the Kyrgyz Republic,

·        Acts of the National Bank of the Kyrgyz Republic, of the Central Commission for elections and referenda,

·        Normative legal acts of ministries, state committees, and other public administration agencies with delegated powers to legislate,

·        Normative legal acts of representative bodies of local self-government.

 

The government of the Kyrgyz Republic has a right to delegate a part of their right-creative powers to subordinated bodies if it does not contradict the Constitution and laws of the Kyrgyz Republic.

 

In the case of discrepancy of the law or other normative legal act of the Kyrgyz Republic, then concluded international contracts in which the Kyrgyz Republic participates, or rules of generally accepted norms of international law established by these contracts and norms are applied.

 

The authority of a conventional law 'adat' has been restored by the Law on Courts of Aksakals of July 5, 2002 in Kyrgyzstan. The law allows establishing courts of aksakals (elders) and defines their basic requirements to their composition and competence. However, the institution plays rather a limited and complimentary role to the courts of law.

 

Civil-law relations are regulated by the Civil Code of the Kyrgyz Republic. The Civil Code follows the Model Civil Code authorized by the Inter-Parliamentary Assembly of the state-participants of the CIS.

 

The first part of the Civil Code came into force on May 8, 1996, and replaced the previous Civil Code of the Kyrgyz Soviet Socialist Republic dated July 30, 1964.

 

The second part of the Civil Code came into force on January 5, 1998.

 

Both parts are being amended or altered to meet evolving market economy and rule of law.

 

The New Civil Code of the Kyrgyz Republic consists of the following sections: general statements and regulations of civil-legal relationships; the law on property and other proprietary interests; obligatory rights including separate types of insurance; the law of intellectual property; inheritance law; application of norms of international and private law to civil and legal relationships.

 

Laws of the Kyrgyz Republic are published simultaneously in the Kyrgyz and Russian languages in the newspaper "Erkin-Too" and issued in the Collection of Laws of the Kyrgyz Republic, Sheets of Jogorku Kenesh of the Kyrgyz Republic, the Collection of Laws and Acts of the President of the Kyrgyz Republic. Laws and other statutory acts in the specified editions are officially published. Signed by the President of the Kyrgyz Republic, the law is subject to publication in the newspaper "Erkin-Too" within seven days. (According to the Law of the Kyrgyz Republic February 14, 1997 with amendments of June, 16 1998, August, 1 2003).

 

The Judicial System

The administration of justice in Kyrgyzstan is exercised only by courts.

 

The judiciary system of the Kyrgyz Republic is established and governed by the Constitution and laws of the Kyrgyz Republic.

 

 The Supreme Court of the Kyrgyz Republic is the supreme body of the judicial power in the sphere of civil, criminal and administrative legal proceedings and exercises supervision over the judicial activity of province, city, district and military courts of the Republic.

 

The competences, the organization and the procedure of activity of the Supreme court is defined by the Constitution, the Law On the Supreme court of the Kyrgyz Republic and local courts, the Law on Constitutional Chamber of the Supreme Court, the Law on Judges Self-Governance, the Law on Jurrors of the Courts, the Law on Public Service, the Law on State Duties and the Law on Enforcement Proceedings and Judicial Enforcement Agents. .

 The 2010 Constitution replaced the Constitutional Court of the Kyrgyz Republic with the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic.

 

Local Administratio n

The history of Kyrgyzstan is rich with local self-government traditions. During the Soviet period many traditions of self-government were rejected. New trends in the attitude to local self-government began to emerge during the perestroika policy announced April, 1985. In 1990, the USSR adopted the law on the general principles of local self-government that became a model for the Law on general principles of local self-government of the Kyrgyz Republic of 1991.

 

The law created a legal mechanism for decentralization of the government. On March, 4, 1992 Jogorku Kenesh introduced cardinal amendments to this normative legal document and changed its name to the Law "On local self-government and local state administration in the Kyrgyz Republic".

 

Currently, the new Law "On local self-government" of July 15, 2011  is in force.

 

According to the Law, the system of local self-government includes such concepts as local communities, municipal property, municipal services, local self-governance body, local representative bodies called kenesh (council), local executive-administrative bodies, officials of self-government, other bodies formed by the population, and assemblies and meetings of citizens.

 

The system of local self-government is comprised of local kenesh and mayor offices. Executive bodies of self governance are accountable to local keneshes in their activity.

 

Local self-governance is carried out by local communities either directly or through local self-government bodies.

 

Local keneshes approve local budgets and oversee their implementation, approve programs of social and economic developments and social protection of local community, impose taxes and dues and take decisions on other issues of local importance.

 

State authorities have no right to interfere with the powers of local self-government. State authorities may delegate some state powers to local authorities which become accountable to the state authorities in respect of such powers. The local self-government are responsible to the state for the observance of laws and to the local community for the outcomes of their work. 

 

The Electoral Process in Kyrgyzsta n

Elections of the President, of deputies of Jogorku Kenesh (Parliament), local state authorities and the order of their realization are carried out according to Constitution of the Kyrgyz Republic, the Constitutional Law on the Elections of the President of the Kyrgyz Republic and Members of Jogorku Kenesh of the Kyrgyz Republic of July 2, 2011.

 

 

The President is elected for six years. The same person may not be elected the President of the Kyrgyz Republic twice.

 

The President has to be a citizen of the Kyrgyz Republic without dual citizenship who is no  younger than 35 years and not older than 70 years, having a complete command of state language and living in the Republic not less than 15 years before nomination of his candidacy for the President of the Kyrgyz Republic.

 

The Central Election Commission verifies the compliance of a nominee with the requirements within 5 calendar days from the date of nomination.

 

The President of the Kyrgyz Republic may not be deputy of Jogorku Kenesh, hold any other posts, or carry out enterprise activity. The president for the term of fulfillment of authorities should suspend the activity in political parties and the organizations prior to the beginning of new elections of the President of the Kyrgyz Republic.

 

Elections for the President of the Kyrgyz Republic are scheduled by Jogorku Kenesh not less than four months prior to day of elections.  The regular elections of the President will be carried out on the third Sunday of November of the year his or her term expires.  

 

The president of the Kyrgyz Republic is elected by citizens on the basis of the general equal, direct suffrage at the ballot. The number of candidates for the election of the President of the Kyrgyz Republic is not limited. The candidate for President must be a registered person who has collected not less than 30,000 signatures of voters.

 

The candidate is considered to be elected for the office of the President of the Kyrgyz Republic, if he or she collected in the first round of voting more than half of ballots of all voters who have taken part in elections.  If in the first round of voting no candidates received more than half of votes, then only two candidates who have received the greatest poll participate in the second round of voting. At repeating voting a candidate who receives more than half of ballots is considered elected, provided that not less than 50 percents of all voters has taken part in the voting.

 

 

 

The regular elections for Jogorku Kenesh are appointed by the President not earlier than 75 calendar days and not later than 60 calendar days till the day of elections and are carried out on the first Sunday of the month when the mandate of the Jogorku Kenesh expires.

 

A citizen of the Kyrgyz Republic who is 21 years old by the date of the elections and has the right to elect and to be elected can participate in the elections to the Jogorku Kenesh.

 

Deputies of Jogorku Kenesh are elected on the basis of the pro rata representation from electoral constituencies.

 

Local administration election procedure

According to the Law on the Elections of Deputies of Local Keneshes of July 14, 2011, citizens of the Kyrgyz Republic that is at least 21 years old and is a resident of an administrative territorial unit can be elected to local keneshes.

 

Elections of deputies of local kenesh are scheduled by the President of the Kyrgyz Republic not less than 60 calendar days prior to the day of elections.

 

Candidates (according to number of mandates), which receives the majority of the votes is deemed to have been elected. Should there be more than one candidate with equal number of votes, the candidate with the earliest registration in the elections is considered to have been elected.

 

Business Activity

The main documents governing the entrepreneurship are the Tax Code, the Civil Code, the Labor Code, the Law of the Kyrgyz Republic On Licensing system , the Law On State Registration of Legal Entities, the Law on the Procedure of Inspecting Business Entities.

 

Banking Law

Banking activity in the Kyrgyz Republic is governed by the Law of the Kyrgyz Republic on Banks and Banking Activity of July 29, 1997  and the Law of the Kyrgyz Republic on the National Bank of the Kyrgyz Republic of July 29, 1997. National Bank of the Kyrgyz Republic is a competent body of the Kyrgyz Republic, which grants and revokes licenses for implementation of banking operations, defines monetary policy, implements currency regulation etc. (Article 4, Law on the National Bank of the Kyrgyz Republic).  

 

In accordance with the Law on Protection of bank deposits of May 7, 2008, in case of guarantee events, the state compensates every depositor up to 100, 000 soms (approximately 2,000 US dollars). The guarantee events defined by the law as consequences when a deposit was not paid due to the bankruptcy or liquidation of the bank.      

 

Intellectual Property

The Decree of the President of the Kyrgyz Republic on the Kyrgyz Republican Copyright Agency of 16 July 1992 launched a reform in the protection of copyrights and intellectual property in the Kyrgyz Republic. Now the state authority on intellectual property is State Service of Intellectual property and innovations under the Government of the Kyrgyz Republic - Kyrgyzpatent (Regulation on  State Service of Intellectual property and innovations under the Government of the Kyrgyz Republic approved by the Resolution of the Government of the Kyrgyz Republic as of 20 February 2012). For the purpose of development of science and intellectual property Kyrgyzpatent developed State program of development of intellectual property and innovations in the Kyrgyz Republic for 2012-2016 years approved by the Resolution of the Government of the Kyrgyz Republic as of September 23, 2011. Also, it should be noted that The Kyrgyz Republic is party to several international conventions in the sphere of intellectual property such as the Bern Convention for the Protection of Literary and Artistic Works, The Paris Convention for the Protection of Industrial Property and etc.    

 

Labor Law

The Labor Code of the Kyrgyz Republic adopted on October 4, 1997 regulates relations in the sphere of labor law. In August 4, 2004 the new Labor Code was adopted. In a new wording of the Labor Code basic changes have appeared. First of all, there was a decentralization of labor relations. If earlier they were completely regulated by the state, now working conditions are defined at the enterprise. Rules of labor relations are established by the contract between workers and the employer. Pursuant to Labor Code, contractual liability of an employer shall not be lower and liability of employee shall not be higher than it is provided by the Labor Code and other law of the Kyrgyz Republic. Termination of a contract after infliction of damage entails no liability exemption for the party of labor contract.  Foreign employees may work upon work permit to engage and use foreign labor issued by the Ministry of Labor, Migration and Youth. 

 

Both the Law On the Promotion of the Employment of the Population of July 27, 1998 (the edition February 13, 2005), and the Law of the Kyrgyz Republic On Protection of Labor of August 1, 2003 are effective in the country.

 

Law of Property

In the article 4 of the Constitution it is stipulated that the property in the Kyrgyz Republic may be state and private, that the Kyrgyz Republic guarantees a variety of the property rights and protects the right of ownerships of property of the citizens and legal persons, and also their property and the ownership, taking place on territory of other states. Property relations in the Kyrgyz Republic are regulated by the Constitution, the Civil Code, and also by the following standard acts: the Law on the Denationalization and Privatization of State Property in the Kyrgyz Republic of December 20, 1991.

Civil Code of the Kyrgyz Republic defines the immovable property as an object that cannot be transferred from one place to another without inflicting damage disproportionate to their purpose including forests, long-term plantations, buildings, constructions, etc. (Article 24, Civil Code of the Kyrgyz Republic). According to the Law on State registration of rights to immovable property and contract with immovable property of December 22, 1998, majority of rights are subject to state registration.

 

Tax Law

The taxation system in Kyrgyzstan is focused on the market. It was commissioned in the beginning of 1992 and to certain extent replicated the development of the ones of Russian Federation. To the date, it has been basically harmonized with the International Financial Reporting Standards (IFRS).

 

Since its independence, the Kyrgyz Republic adopted the Law on Tax Service , the Law on Taxes for Enterprises, Corporations and Organizations. The Law on Taxes of Population, the Law on Non-Tax Payments, the Law on State Excise and the Law on Local Taxes and Fees, the Law on Foreign Investment.

 

As a result the system was bulky and inefficient, aggravated by frequent changes. It has demanded realization of tax reform which took place with the Tax Code of 1996.

Tax Code provides the following types of taxes: Profit tax, Income tax, Value added tax, Excise tax, Sales tax, Land tax, Property tax and Tax on subsoil use. In addition, the legislation provides different types of non-tax payments such as contributions to Social Fund and other charges.  

 

The Tax Law of the Kyrgyz Republic went into effect on June 26, 1996

Tax policy is regulated also by laws:

·        Law " On base rates of the land tax for using agricultural area, plot of land attached to the house and the country areas, the grounds of settlements and not agricultural purpose " (March 22, 2004);

·        Law " On base rates of the excise tax on the excised goods imported and made by legal and physical persons in the Kyrgyz Republic " (January 10, 2003);

·        Law " On taxes from the enterprises, associations and the organizations " (December 17,1991, the edition December 27, 2003);

·        Law " On non-tax payments " (April 14, 1994; the edition January 5, 2004);

·        Law “On ratification of Agreements on principles of levy of indirect taxes in mutual trade (December 30, 2000).

 

Land Reform

According to article 12 of the Constitution of the Kyrgyz Republic, land in Kyrgyzstan can be in private, municipal and other forms of ownership, except ownership by foreign nationals which is not allowed under the current law. The Land Code of the Kyrgyz Republic differentiates land fund as the following types of land:

·        Lands of agricultural designation;

·        Lands of residential areas;

·        Lands of industrial, transport, communication and defensive designation;

·        Lands of special protected natural territories;

·        Lands of forest fund;

·        Lands of water fund;

·        Reserve lands;

·        Lands of State reserve lands of mineral deposits.

 

According to the Land Code, there are two ways to get the rights to land plot: civil contracts and granting by competent state body.

 

Land legislation of the Kyrgyz Republic imposes hard normative limitations for foreign entities to own or rent land plots in Kyrgyzstan. Also, Land Code provides the following definition of foreign entity (Article 1, Land Code of the Kyrgyz Republic):

 

·        established and registered in accordance with the legislation of a foreign state;

·        fully owned by one or more foreign individuals or legal entities;

·        controlled or managed by one or more foreign individuals or legal entities based on the written contract, the right to sell majority of voting shares, the right to appoint majority of members of the executive or supervisory body;

·        registered in the Kyrgyz Republic and having not less than 20 % of the authorized fund owned by the foreign citizens, stateless persons or legal entities mentioned in Land Code;

·        established on the basis of the interstate treaty or agreement.

 

The State agency on registration of title to real estate under the Government (GosRegistr)  implements a uniform state policy on the state registration of titles to real estate, maintains the state cadastre records, ensures the state protection of the registered titles to real estate .

 

Web Resources

·        Kyrgyzstan gateway (English, Russian)

·        The Constitution of Kyrgyz Republic (English)

·        The President of Kyrgyz Republic official web-site (English)

·        Jogorku Kenesh (Parliament) of Kyrgyzstan (Russian)

·        The Government of Kyrgyz Republic - (Russian, English)

·        State Internet Portal – Information about bodies of the government of Kyrgyzstan (Russian)

·        The project of development of the commercial rights in Kyrgyzstan (Comments to the Civil Code, the Tax Code, collections of articles on the commercial rights)

·        Legislation on judicial system of Kyrgyzstan (Russian) -

·        Database “Judicial acts of the Kyrgyz Republic” - free-of-charge access to full texts (Russian)-

·        The legislation on the land, a database of full texts of normative acts on "Land reform" (Russian)-

·        The Ombudsman of Kyrgyzstan (Russian, English)

·        Tax code (Russian)

 

Free online access to a database of the legislation of Kyrgyzstan in Russian and English available at the Adviser Company site - http://www.adviser.kg/ (registration required, for details see Figures 1 and 2).

 

Rounded Rectangular Callout: Click here for registration

Figure1

 

Registration form

Rounded Rectangular Callout: Name of contact person Rounded Rectangular Callout: Contact person e-mail Rounded Rectangular Callout: Post Address Rounded Rectangular Callout: Organization name

                                                      Figure 2