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

 

By Sania Battalova

 

Published March 2006

See the Archive Version!

 

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

Kyrgyzstan is a mountainous country in the heart of Central Asia. The country has borders with Kazakhstan, Uzbekistan, Tajikistan and China. The country’s name in long form is the Kyrgyz Republic; in short form, Kyrgyzstan

 

The territory of the Kyrgyz Republic stretches from the North to the South over 400 km and lies nearly between 39° and 43° of the northern latitude – it is at the same latitudes as New-York, Italy, Northern Turkey and Japan. The total area is about 200 thousand square kilometers.  The average height of the territory is 2750m over sea level; the highest peak is 7439m (Pobeda peak), and the lowest area is394 m (in the south-west of the Republic).

 

At the beginning of 2004, according to preliminary estimates, the resident population of the Kyrgyz Republic was 5,037,000 people, increasing by 52,800 (by 1.1%) in 2003. Of this number, the indigenous population (Kyrgyz) accounts about 3,128,147 people.

 

The State language is Kyrgyz; the overwhelming majority of the population speaks Russian (also an official language) (Constitution of KR, Article 5).  Major religions include Islam, Christianity, and Buddhism – the majority of the population is Muslim.

 

The urban population is 34%, while the rural population is 65% (1999 census).

 

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)
  • 40 districts;
  • 22 cities;
  • 468 municipal administrations

 

The capital of Kyrgyzstan is Bishkek.

 

The territory of Kyrgyzstan is one of the ancient centers of human civilization. Archaeological research shows that primeval man familiarized himself here since the Stone Age. The Kyrgyz were known in Central Asia since the first millennium BC and have carried their name throughout the centuries.

 

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. The last phase of ethno genesis is linked with the Mongolian, Kalmyk, Nayman and other Central Asian peoples. In the 16th century, the ethno genesis of the Kyrgyz people was mainly complete.

 

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 region was formed as part of the Russian Federation. On February 1, 1926 it was transformed into Kyrgyz ASSR and on December 5, 1936-into 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.

The independence of the state power within the country and the independence from other states were confirmed by the Constitution of the Kyrgyz Republic on May 5, 1993. 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 Structure

The basic principles of the state structure of the Kyrgyz Republic are defined by the Constitution of the Kyrgyz Republic adopted on 12th session of the Supreme Soviet on May 5, 1993.  Amendments and other additions were made by the Law of the KR: On making amendments and additions to the Constitution of the Kyrgyz Republic of February 17, 1996; by the Law of the KR: On a new edition of the Constitution of the Kyrgyz Republic of February 18, 2003, N 40.

 

The Kyrgyz Republic (Kyrgyzstan) is the sovereign, unitary, democratic Republic constructed on the basis of the legal, secular state.

 

The State Power in the Kyrgyz Republic is based on the following principles:

  • supremacy of the authority of people represented and provided by nationally elected head of the state - the President of the Kyrgyz Republic;
  • divisions of the state power into legislative, executive, judicial branches, their coordinated functioning and interaction;
  • the responsibility of the state bodies in front the people and the realization of authorities by them in interests of people;
  • differentiations of functions of the state power and local self-government.

 

With modification and the additions accepted by the referendum on February 10, 1996 and February 2, 2003, Kyrgyzstan is the mixed (semi-presidential) republic in which features of presidential and parliamentary republic are combined.

 

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

  • President of the Kyrgyz Republic
  • Parliament (Jogorku Kenesh) of the Kyrgyz Republic
  • Executive power of the Kyrgyz Republic
    • The Government of the Kyrgyz Republic
    • Local State Administration
  • Courts and justices of the Kyrgyz Republic
    • Constitutional Court of the Kyrgyz Republic
    • Supreme Court
    • Local courts and judges of the Kyrgyz Republic

 

More than 800 political and public organizations, including the creative unions; public political movements, women organizations, political parties and other public associations are registered. The mass public organization is the Assembly of Peoples of Kyrgyzstan which includes all national-cultural centers of the country.

 

There are 42 political parties operating in the Republic. The members of the political parties have a right to nominate their candidates to the deputy.

 

There are about 500 mass media organizations registered in Kyrgyzstan. From that total, approximately half disseminate their news in Kyrgyz, and 45 % in Russian. In Kyrgyzstan there are newspapers in 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 a 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 to be held in October, 2005. But in March, 24, 2005 some events happened that still provoke extraordinary reaction in society. The transition of the power to the oppositional force was called “the tulip revolution” in the press. 

The main reasons why the March events happened, as well as in the other countries (namely Georgia, Ukraine) were the falsification of election results to the Parliament, the presence of strong civil society, namely the youth movement, general impoverishment of the population and widespread corruption in all spheres of authority. The distinctive features of the revolution in Kyrgyzstan were factors such as the outlying character of the revolution, absence of the indivisible ideological platform of the opposition and the national leader party, and also original divergence in the opposition itself about the future development of the country. Over the course of revolution a peculiar union of the leaders was made – Kurmanbek Bakiev and Felix Kulov, each of whom used to work in the staff of the supreme leadership of the country, but at different times used to be in the opposition of the president.

 

(According to the material, 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 in July, 10, 2005. There were six candidates for the post of the president, including Kurmanbek Bakiev acting as the president after the 24th of March and Felix Kulov. However, in order to avoid the split of the government and as soon as possible to put an end to instability in the country, Kulov and Bakiev came to an agreement in the second week of May, that Kulov would leave the political battle, and Bakiev if elected as president would appoint Kulov to the post of the prime minister.  

 

In the sequel of the extraordinary presidential elections, on July 10, 2006 Kurmanbek Bakiev was elected as the second president of the country, with 88.82 % of the vote.

 

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.

 

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

 

Nowadays the order of election, competence, grounds for discontinuance of power of the president of the Kyrgyz Republic are regulated by the third chapter of the Constitution of the Kyrgyz Republic called “President”.  Powers of the President are defined in article 46 of the Constitution of the KR.

 

The President of the Kyrgyz Republic is the head of the state, the supreme official and the head of the executive power in the Kyrgyz Republic, as well as the commander-in-chief of the armed forces.

 

The President of the Kyrgyz Republic shall determine major directions of internal and external policy of the state, represent the Kyrgyz Republic within the country and in international relations, take measures to guard the sovereignty and territorial integrity of the Kyrgyz Republic, and shall ensure the integrity and continuity of the state power and coordinated functioning and interaction of state bodies, and their responsibility to the people.

 

The President determines the structure of the Government of the Kyrgyz Republic, and introduces it to the Jogorku Kenesh of the Kyrgyz Republic for consideration; he also exercises control over the work of the government, appoints the Prime Minister of the country with the approval of the People’s Assembly, submits legislation to the Jogorku Kenesh, signs laws or returns them with his objections, publicizes laws; appoints the State Secretary of the Kyrgyz Republic, determine his status and authorities; form the Administration of the President of the Kyrgyz Republic which shall provide for his activities; has the right to veto laws and international agreements ratified by the Kyrgyz Republic at the Constitutional Court, has the right to suspend or cancel the effect of acts of  the government of the KR, appoints elections to both chambers of the parliament, as well as to local authorities, forms and heads the National Security Council.

 

With the approval of the People’s Assembly, the President appoints the General Prosecutor, and the Chairman of the Board of the National Bank. The President has the right to publish decrees and orders, which have the force of law. 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.

 

A Commission of Human Rights guaranties the implementation of the constitutional authorities of the President (as guarantor of rights and freedom of the persons and citizens of the Kyrgyz Republic).

 

The Parliament (Jogorku Kenesh) of Kyrgyzstan

The Jogorku Kenesh is the parliament of the Kyrgyz Republic.

 

The Parliament of the Kyrgyz Republic:

  • Is a representative body
  • Realizes a legislative power
  • Realizes the controlling functions within the limits of its authority

The Constitution characterizes the Jogorku Kenesh as a legislative body of the state, besides as the unique body, which is carrying out legislative power. Jogorku Kenesh has full and unlimited, except by the Constitution, competence of sphere of the legislative activity.

 

The organization and the order of activity of Parliament is determined by the Act of the Kyrgyz Republic from January, 3, 2005 “On Regulation of Parliament of the Kyrgyz Republic” (In editing of the Act of KR of January, 17, 2006).

 

At the same time, Jogorku Kenesh performs some control functions behind the executive authority. This control is carried out by means of the confirmation of the republican budget; the right to hear annual reports of the prime Minister, the General public prosecutor of the Kyrgyz Republic, the chairman of National bank of the Kyrgyz Republic, the chairman of Accounting chamber of the Kyrgyz Republic.

 

According to changes in the Constitution on February 18, 2003 the unicameral structure of the Jogorku Kenesh was established. Now the parliament of the Kyrgyz Republic consists of 75 deputies elected for the term of five years on one-mandatory territorial constituencies.

 

The right of nomination of candidates to the deputies of the Jogorku Kenesh belongs to political parties, and also to citizens by self-nomination. (The Jogorku Kenesh shall consist of 75 deputies elected for the term of five years from single member constituencies. Candidates to the Jogorku Kenesh may be nominated by political parties, and by citizens - self-nomination.)

 

Powers of deputies of Jogorku Kenesh are defined by the article 58 of the Constitution of the Kyrgyz Republic.

 

The Jogorku Kenesh shall choose, out of the deputies, the Toraga of the Jogorku Kenesh [the Speaker], and recall them.

 

The Jogorku Kenesh may constitute committees -no more than seven - and ad hoc commissions, and may elect their chairs. A deputy of the Jogorku Kenesh may be a member of one committee or one commission only.

 

No laws and other legal acts of the Jogorku Kenesh shall be adopted unless their drafts shall have been preliminary considered by appropriate committees of the Jogorku Kenesh.

 

According to article 53 of the Constitution of Kyrgyzstan, the Jogorku Kenesh may be dissolved early with the concurrence of no less than two thirds of the whole number of the deputies of the Jogorku Kenesh. The Jogorku Kenesh may be dissolved by the President, if so decided by a referendum; in the event of three subsequent refusals by the Jogorku Kenesh to accept a nominee to the office of Prime Minister of the Kyrgyz Republic; or in the event of another crisis caused by an insurmountable disagreement between the Jogorku Kenesh and other branches of the state power.

 

Lawmaking

The right of the legislative initiative belongs:

  • To 30,000 voters (popular initiative);
  • To the president of the Kyrgyz Republic;
  • To deputies of the Jogorku Kenesh;
  • To the government of the Kyrgyz Republic.

 

Bills are introduced in Jogorku Kenesh. The submitted bill goes to 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 reception of the law, signs or returns it with the objections to Jogorku Kenesh for repeated consideration. If the law will be approved in earlier accepted edition by the majority not less than two thirds of voices of the general number of deputies of Jogorku Kenesh by repeated consideration, it is subject to signing by the President within one month from the date of receipt.

 

The law comes into force after 10 days from its promulgation, if no other is stipulated in the law itself or in the law on the order of its introduction in force.

 

The mechanism of realization of a public initiative in the Constitution is not determined.

 

The Government of Kyrgyzstan

According to the Constitution of Kyrgyzstan (article 70) the executive authority is carried out by the Government of the Kyrgyz Republic, the ministries subordinated to it, the state committees, administrative departments, and local state administration.

 

The government consists of the Prime Minister of the Kyrgyz Republic, vice-prime ministers, ministers and chairmen of the state committees of the Kyrgyz Republic.

 

The structure of the Government is defined by the President of the Kyrgyz Republic under the offer of the Prime Minister and is affirmed by the Jogorku Kenesh.

 

In accordance with the Act of the Kyrgyz Republic of September, 27, 2005 N 153 “On the structure of Parliament of the Kyrgyz Republic” the following structure of Parliament was affirmed:

  • Ministry of the Interior in the Kyrgyz Republic
  • Ministry of Health in the Kyrgyz Republic
  • Ministry for Foreign Affairs in the Kyrgyz Republic
  • Ministry of Culture in the Kyrgyz Republic
  • Ministry of Defense in the Kyrgyz Republic
  • Ministry of Education, Science and Youth Policy in the Kyrgyz Republic
  • Ministry of agricultural, Water Economy and Processing Industry
  • Ministry of Transport and Communication in the Kyrgyz Republic
  • Ministry of Labor and Social Defense in the Kyrgyz Republic
  • Ministry of Economy and Finance in the Kyrgyz Republic
  • Ministry of Emergency in the Kyrgyz Republic
  • Ministry of Industry, Trade and Tourism in the Kyrgyz Republic
  • Ministry of Justice in the Kyrgyz Republic
  • State Committee of the Kyrgyz Republic on Migration and Employment

        State Committee of the Kyrgyz Republic on Government of State Property.

More information about members of Government can be found here.

 

The introduction into the position of the newly elected President might entail rejection of authorities of the Government.

 

The prime minister is appointed by the President with the consent of the majority from the general number of deputies of Jogorku Kenesh of the Kyrgyz Republic.

 

The government in its activities is responsible to the President of the Kyrgyz Republic and accountable to Jogorku Kenesh in the limits stipulated by the Constitution of the Kyrgyz Republic.

 

The president has a right to preside over session of the Government of the Kyrgyz Republic.

 

The legal status of the Government is provided with its powers fixed in the Constitution of the Kyrgyz Republic and in the Law “On the Government of the Kyrgyz Republic” (of October, 19 2005).

 

The government guarantees the respect of the Constitution of the Kyrgyz Republic and laws of the Kyrgyz Republic; realization of internal and foreign policy of the state; carries out measures on maintenance of legality, rights and freedom of citizens,  protection of a social order, struggle against criminality;  provides the realization of financial, price, tariff, investment and a tax policy; develops and represents the republican budget to the Jogorku Kenesh and provides its performance; and also gives a report to Jogorku Kenesh on performance of the republican budget; provides realization of a unified state policy; develops and carries out nation-wide programs of development; carries out measures on management of objects of  State Property; carries out measures on maintenance of the state sovereignty, defensibility and national safety; organizes and provides realization of foreign trade activities; directs and coordinates work of the ministries, the state committees, administrative departments, the state commissions and funds, local state administrations and other enforcement authorities.

 

The government and the National Bank provide the realization of a unified monetary and currency policy.

 

The Legal System of Kyrgyzstan

The legal system of Kyrgyzstan is included into the Roman-German legal family, and also similar to legal systems of other republics of the CIS independent "Euroasian" group.

 

The legal system of the Kyrgyz Republic was shaped and developed within the framework of the Soviet state law. The legal system of Kyrgyzstan after acquiring independence has some features of the French legal system (as regards to the state structure), as well as the legal system of the Russian Federation.

 

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, 1, 1996 (with changes):

  • The Constitution of the Kyrgyz Republic has the supreme validity in the system of laws and other normative legal acts
  • constitutional laws of the Kyrgyz Republic,
  • laws, resolutions of the Kyrgyz Republic,
  • decree of the President of the Kyrgyz Republic,
  • resolutions of the government of the Kyrgyz Republic,
  • acts of the National Bank of the Kyrgyz Republic,
  • acts of ministries, state committees, and administrative departments of the Kyrgyz Republic,
  • decisions of local state administrates and bodies of local self-government

 

In the legal system of Kyrgyzstan, the foundation of the delegated legislation is applied. According to article 68 of Constitution, the Jogorku Kenesh may delegate the legislative authorities to the President of the Kyrgyz Republic for the term of no more than one year.

 

The president of the Kyrgyz Republic carries out legislative powers by acceptance of the decrees valid for the law.

 

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 common law revives in Kyrgyzstan. Application of norms of this right is carried out by courts of aksakals (according to the law “On courts of aksakals” of July, 5, 2002). However now this right plays rather a limited and additional authority in relation to the legislation’s role.

 

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 (with changes of April, 29 1997, October, 15 1997, December, 2, 1998, June, 2, 1999 N 43, July, 21 1999, November, 27 1999, January, 18 2000, September, 29 2000, June, 28 2001, January, 21 2002, June, 22 2002, February, 17 2003, March, 27 2003, November, 15 2003, March, 11 2004), 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 (with changes of July, 21 1999, November, 27 1999, January, 18 2000, February, 17 2003, December, 9 2003, March, 11 2004).

 

The New Civil Code of the Kyrgyz Republic consists of the following divisions: general statements and regulations of civil-legal relationships; the law of property and other proprietary interests; obligatory rights including separate kinds 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 Code 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 judicial system of the Kyrgyz Republic is established by the Constitution and laws of the Kyrgyz Republic and consists of the Constitutional court, the Supreme Court of the Kyrgyz Republic and local courts.

 

The Constitution Court of the Kyrgyz Republic is the supreme body of the judicial power for protecting the Constitution of the Kyrgyz Republic. It determines unconstitutional laws and other acts, cancels the effect of normative and other acts that are recognized unconstitutional. The Organization, the competence and the order of activity of the Constitutional court is defined by the Constitution of the Kyrgyz Republic, the Law "On the Constitutional court of the Kyrgyz Republic" (of December, 18 1993) and the Law "On the constitutional legal proceedings of the Kyrgyz Republic" (December, 18, 1993).

 

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 oblast, city, district and military courts of the Republic.

 

The competence, the organization and the order of activity of the Supreme court is defined by the Constitution and the Law "On the Supreme court of the Kyrgyz Republic and local courts" of July, 18 2003 (with amendments July, 10 2004).

 

The Supreme Arbitrage of the Kyrgyz Republic and arbitration courts of oblasts (local courts, the capitals, district, city, military courts) compose the unified system of arbitration courts. They settle disputes between economic entities based on different forms of property, arising in the economic sphere and in the process of management.

 

The Constitutional Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Arbitrage of the Kyrgyz Republic are equal under the status and a legal status and are highest authorities on the affairs referred to their competence.

 

The control of observance of constitutional laws and freedom of the person and the citizen in the Kyrgyz Republic is carried out by the Ombudsman (Акыйкатчы) of the Kyrgyz Republic according to the Law "On Ombudsman (Акыйкатчы) of the Kyrgyz Republic" of July, 31, 2002. The Ombudsman is elected by the legislative assembly of Jogorku Kenesh by ballot for the term of 5 years.

 

Local Administration

In the history of Kyrgyzstan local self-government has rich traditions. During the Soviet authority many traditions of self-government were rejected. New trends in the attitude to local self-government were designated during so-called "perestroika ", begun in April, 1985. In 1990 the Law of the USSR on the general beginnings of local self-government was accepted.

 

The important stage in the development of local self-government in Kyrgyzstan became acceptance of the law "On local self-government" April, 19 1991, and created a legal mechanism for decentralization of the government. On March, 4, 1992 Jogorku Kenesh has inserted cardinal amendments to this normative legal document which in a new wording began to be called as the Law "On local self-government and local state administration in the Kyrgyz Republic" (With amendments February, 2 2005).

 

Now the new Law "On local self-government and local state administration" of January, 12 2002(With amendments February, 2 2005) operates.

 

According to the Law, the system of local self-government includes local keneshes (councils), their executive-administrative bodies, bodies of territorial public self-government, other bodies formed by the population, and also assemblies and meetings of citizens.

 

The system of institutions of local government is under construction according to the administrative-territorial division of the Kyrgyz Republic.

 

Local self-government is carried out in forms of representative and direct participation of the population in the local self- government, realized through local keneshes.

 

The Major forms of direct participation of the population are:

  • Discussion of all important questions of public and state life and realization
  • The accepted decisions by kurulties, assemblies, meetings of citizens and other forms of direct democracy,
  • Elections of representative bodies, in control of activity of local self-government.

 

Local self-government is carried out on principles of:

  • Legality and social justice;
  • Self-maintenance, self-financing and self-regulation;
  • Wills of citizens through local keneshes, their executive - administrative bodies, bodies of territorial public self-government, other bodies formed by the population, and also assemblies and meetings citizens;
  • Protection of rights and interests of local communities protected by the law;
  • Democracies, publicity and the account of a public opinion;
  • Collective nature, free discussion at the decision of the appropriate questions;
  • Independence local keneshes in the decision of questions of the competence.

 

Institutions of local government function in close interaction with local state administrations.

 

The Electoral Process in Kyrgyzstan

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 KR and the Code of elections of May, 29, 1999 N 39 (with changes June 30 2005, and October 12 2005).

 

Preparation and conduction of the elections are brought about in accordance with the Act of the Kyrgyz Republic of March, 14, 1997 “On Central committee on elections and conduction of the referenda in the Kyrgyz Republic” (In editing of the Act of KR of January, 6, 2005 N4).

 

The President is elected for five years. The same person may not be elected the President of the Kyrgyz Republic more than two terms in succession.

 

The president has to be a citizen of the Kyrgyz Republic who is no  younger than 35 years and no older than 65 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 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 appointed 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 last Sunday of October of the fifth year of powers. Early election of the President of the Kyrgyz Republic will be carried out on the last Sunday before the expiration of three months from the moment of the prescheduled termination of powers of the President.

 

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 50,000 signatures of voters.

 

Elections of the President of the Kyrgyz Republic are considered if more than fifty percents of voters of the Kyrgyz Republic has taken part in it. The candidate is considered to be elected for a post of the President of the Kyrgyz Republic, if collected in the first round of voting over 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 the chosen is considered candidate who has received more of half of ballots if not less than 50 percents of all voters has taken part in the voting.

 

The results of elections of the President of the Kyrgyz Republic should be confirmed with the Constitutional court of the Kyrgyz Republic not later than five days after its end.

 

The regular elections for Jogorku Kenesh are appointed by the President not earlier than 90 calendar days and not later than 75 calendar days till the day of elections and will be carried out on last Sunday February of the fifth year of powers of Jogorku Kenesh.

 

A deputy of Jogorku Kenesh may be elected if he is a citizen of the Kyrgyz Republic who is at least 25 years old at the date of elections, having a right to participate in elections and constantly living in the Republic within five last years before nomination as candidate to the deputy.

 

Deputies of Jogorku Kenesh are elected on the basis of the common equal and direct suffrage at ballot.

 

Local administration election procedure

A deputy of local kenesh has to be a citizen of the Kyrgyz Republic that is at least 20 years old and has been living in the territory of appropriate local kenesh in order to be elected.

 

Elections of deputies of local kenesh are appointed by the President of the Kyrgyz Republic not less than 60 calendar days prior to day of elections. The day of elections is the first Sunday before expiration of the term on which local keneshes were elected.

 

Candidates (according to number of mandates), who have received the greatest poll of the appropriate electoral district, taken part in voting is acknowledged to be chosen

 

Enterprise Activity

It is regulated by the Laws on General Foundations of Denationalization, Privatization and Entrepreneurship in the Republic of Kyrgyzstan of December 20, 1991 with amendments and additions and on Protection of Entrepreneurs Rights of 1 February 2001. The licensing of free enterprise and other activity is regulated by the Law of the Kyrgyz Republic On Licensing Activity of 3 March 1997 (with amendments and addictions as of August 13, 2004); state registration of juridical persons is regulated by the Law of the KR of July 12, 1996 On State Registration of Juridical Persons (the edition of June 11, 2004).

 

Banking Law

Banking activity in the KR is regulated by the Law of the Kyrgyz Republic on Banks and Banking Activity of July 29, 1997 (the edition of December 15, 2004) and the Law of the Kyrgyz Republic on the National Bank of the Kyrgyz Republic of July 29, 1997.

 

Intellectual Property

The Decree of the President of the Kyrgyz Republic On the Kyrgyz Republican Copyright Agency of 16 July 1992 began a reform in the sphere of the protection of rights and intellectual property in the Kyrgyz Republic. In 1995 the Department of Intellectual Property was established at the Ministry of Education and Science of the Kyrgyz Republic - Kyrgyzpatent (The Rules of the Department of Intellectual Property of the Ministry of Education and Science of the Kyrgyz Republic of August 29, 1995). In 1996, Kyrgyzpatent went over under the jurisdiction of the government of the Kyrgyz Republic. At present, the Regulation of the Government of the Kyrgyz Republic of March 15, 2001 On the State Agency for Science and Intellectual Property at the Government of the Kyrgyz Republic is effective.

 

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.

 

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.

 

Tax Law

The system of the taxation in Kyrgyzstan, focused on the market, was commissioned in the beginning of 1992 and was under construction by direct analogy to the Russian innovations in this sphere.

 

For the period 1991-1994 in Kyrgyzstan the laws regulating the basic taxes were introduced: "On taxes from the enterprises, associations and the organizations", "On taxes from the population ", "On foreign investments in the Kyrgyz Republic", and then and other taxes indirectly concerning questions of the taxation.

 

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

 

The Tax Law of the Kyrgyz Republic has been effective since June 26, 1996 (issued February 4, 2005). It is a code of laws concerning all taxes, their administration, and tax activities of taxpayers on the territory of the Kyrgyz Republic except customs duties, customs fees and payments regulated by the customs legislation. The statements of the Tax Code are applied to all taxes coming into effect under this Code.

 

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 not 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 4 of the Constitution of the KR on February 18, 2003 land in Kyrgyzstan can be private, municipal and in other forms of ownership.

 

The concept of introduction of a private property on the land in the Kyrgyz Republic took place on October, 13 1998. A law has defined the main principles, the order and terms of realization of the urgent organizational - legal measures directed on maintenance of gradual and painless entry of a society in the area of a new land-market conditions and the private property of the land.

  • According to a specified concept of June 2, 1999, the new Land Code of the Kyrgyz Republic was introduced (with changes on February 28, 2005).
  • The state registration of rights to land is made according to the law of the KR “On the state registration of rights to real estate and bargains with it” from December, 22 1998.

 

The State agency on registration of rights to real estate at Government (GosRegistr), defines and regulates a policy in the field of the state registration of rights to real estate, maintenance of the state protection of the registered rights to real estate, development of the market of the real estate, including the land.

 

Web Resources

 

It is possible to get access to a free-of-charge database of the legislation of Kyrgyzstan in Russian and English on the Adviser Company site - http://www.adviser.kg/ after registration (see Figures 1 and 2).

 

Rectangle à coins arrondis: Click here for registration

Figure1

 

Registration form

Figure 2