CONSTITUTION OF THE KYRGYZ REPUBLIC
Comments
The Kyrgyz Republic (Kyrgyzstan) conducted a constitutional referendum on 2nd February 2003. Most of the changes were discussed at the Constitutional commission, which included prominent public figures, government appointees and some members of moderate opposition. The Commission was set up in September 2002 By November 2002, the number of proposed amendments to the constitution had exceeded 100. All amendments were made public in January 2003, as the new version of the constitution was published in major media outlets. Despite strong criticism from international organizations and radical political opposition, which demanded to postpone the referendum, the government decided to go ahead. In the referendum, voters were asked to answer the following two questions with either a "yes" or "no": 1. Should the law of the Kyrgyz Republic "On a new version of the constitution of the Kyrgyz Republic" be adopted? 2. Should Askar Akayev remain president of the Kyrgyz Republic until December 2005 (to the end of his constitutional term) in order to implement the approved constitutional amendments? According to the official press release issued by the government, about 2.1 million people, or 86 percent of all registered voters, cast their ballots during the referendum. Out of these, about 76 percent voted in favor of the proposed constitutional amendments. Below we publish unofficial translation of the amended Constitution of the Kyrgyz Republic. It follows by the text of the pre-referendum Constitution of the Kyrgyz republic.
IN THE NEW WORDING
AS SUBMITTED TO THE REFERENDUM OF FEBRUARY 2, 2003
(in bold)
Translated for NDI
by Irina Krapivina
on January 19, 2003
tel.: 41 38 69
CONSTITUTION
OF THE KYRGYZ REPUBLIC
We, the People of Kyrgyzstan,
striving to ensure the national revival of the Kyrgyz [nation], the protection and development of interests of all nationalities, which - together with the Kyrgyz - constitute the people of Kyrgyzstan, on the strength of the ancestors' behest to live in unity, peace and concordance;
confirming our devotion to human rights and freedoms and to the idea of the national statehood;
full of resolution to develop the [country’s] economy, political and legal institutes, and culture for providing a decent level of life for everyone;
proclaiming our devotion to common human moral principles and values of national traditions; and
wishing to establish ourselves among the peoples of the world as a free and democratic civil society;
in the person of our authorized representatives, hereby adopt this Constitution.
Chapter I.
THE KYRGYZ REPUBLIC
Section One
GENERAL PRINCIPLES
Article 1
1. The Kyrgyz Republic (Kyrgyzstan) shall be a sovereign, unitary, democratic Republic, and it shall be founded as a rule-of-law and secular state.
2. The sovereignty of the Kyrgyz Republic shall in no way be restricted, and it shall extend throughout its entire territory.
3. The People of Kyrgyzstan shall bear the sovereignty, and they shall be the only source of state power in the Kyrgyz Republic.
4. The People of Kyrgyzstan shall exercise their power directly [and] through the system of state bodies and bodies of local self-government on the basis of this Constitution and the laws of the Kyrgyz Republic.
Only the President of the Kyrgyz Republic and the Jogorku Kenesh of the Kyrgyz Republic, which will be elected by the people of Kyrgyzstan, shall be entitled to act on behalf of the People of the Kyrgyz Republic.
5. Changes in and amendments to the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, and other important state matters may be put to referendum (nationwide vote). Procedural rules of holding referendums shall be ascertained by constitutional law.
6. The citizens of the Kyrgyz Republic shall elect a President of the Kyrgyz Republic, deputies of the Jogorku Kenesh of the Kyrgyz Republic, and their representatives to bodies of local self-government.
Elections shall be free and shall be held on the basis of the equal and direct universal suffrage by secret ballot. Citizens of the Kyrgyz Republic who have attained to the age of 18 years may cast their votes.
Article 2
1. The state and its bodies shall serve the whole society, and not any particular group.
2. No group of people, no organization, and no individual person shall be entitled to assume power of the state. Usurpation of state power shall be the gravest crime.
Article 3
1. The territory of the Kyrgyz Republic, within its current boundaries, shall be inviolable and indivisible.
2. For the purposes of organizing state government and local self-government, the territory of the Kyrgyz Republic shall be divided by law into administrative territorial units.
3. The cities of Bishkek and Osh shall be cities of the national significance, and their status shall be determined by law.
Article 4
1. The Kyrgyz Republic shall recognize and protect private, state, municipal, and other forms of ownership.
The Kyrgyz Republic shall guarantee the diversity of the forms of ownership and equal legal protection thereof.
2. Land, minerals, air space, water, forests, flora and fauna, and all other natural resources shall be the property of the Kyrgyz Republic, and they shall be used as a basis for life and functioning of the People of Kyrgyzstan, and shall be under the special protection of the state.
3. Land may also be owned privately, municipally and otherwise.
Limits to and procedures for the execution of their rights by landowners and guarantees of the protection [of such rights] shall be ascertained by law.
4. The Kyrgyz Republic shall protect her citizens' and legal entities' title to property, and it shall protect their property, as well as state-owned property, located in other states.
Article 5
1. The Kyrgyz language shall be a state language of the Kyrgyz Republic.
2 The Russian language shall be used in the Kyrgyz Republic as an official language.
3. The Kyrgyz Republic shall guarantee that representatives of all the nationalities which constitute the People of Kyrgyzstan may enjoy the right to preserve their native languages, and the state shall provide [favorable] conditions for learning and developing them.
3. Rights and freedoms of citizens shall not be abridged on account of ignorance of the state or official languages.
Article 6
1. The Kyrgyz Republic shall have state symbols - the Flag, Emblem, and Anthem, which description and the way they may be used shall be specified by law.
2. The City of Bishkek shall be the capital of the Kyrgyz Republic.
3. The Som shall be a currency unit of the Kyrgyz Republic.
Section Two
STATE STRUCTURE AND FUNCTIONING OF THE STATE
Article 7
1. State power in the Kyrgyz Republic shall be based on the following principles:
- supremacy of the power of the People, where such power shall be represented and ensured by the nationally elected head of the state - the President of the Kyrgyz Republic;
- division of the state power into legislative, executive, and judicial branches, and their coordinated functioning and interaction;
- responsibility of state bodies to the people and the exercise of their powers in the interests of the people; and
- separation of functions between state power and local self-government.
2. In the Kyrgyz Republic, state power shall be represented and exercised, within the bounds of authority ascertained by this Constitution, by:
- President of the Kyrgyz Republic;
- Jogorku Kenesh of the Kyrgyz Republic;
- Government of the Kyrgyz Republic and executive bodies subordinate to the Government; and
- Constitutional Court of the Kyrgyz Republic, Supreme Court of the Kyrgyz Republic and local courts and judges of the Kyrgyz Republic.
Article 8
1. Political parties, trade unions, and other public associations may be formed in the Kyrgyz Republic on the bases of free will and common interests. The state shall secure the rights and lawful interests of public associations.
2. Political parties may participate in state affairs only in the following forms:
- by nominating their candidates in elections to the Jogorku Kenesh of the Kyrgyz Republic, [as well as by nominating their candidates] for public offices, and for offices of local self-government;
- by forming groups and factions in representative bodies.
3. Religions and all cults shall be separated from the state.
4. The following [activities] shall not be permitted in the Kyrgyz Republic:
- amalgamation of state and party institutions, as well as subordination of state activities to any party programs or decisions;
- formation and functioning of party organizations in state establishments and organizations. State officers may engage in party activities outside of discharging the powers and duties of their offices;
- membership in parties and public support of any political party by the military and officers of the interior, national security, justice, procurator's office, and of courts;
- formation of political parties on religious and ethnic grounds. No religious organizations shall pursue political goals and objectives;
- interference by members of religious organizations and cults with the functioning of state bodies; and
- activities of foreign political parties, non-governmental and religious organizations, [including] their representative offices and branches, which pursue political goals; formation and functioning of political parties, non-governmental organizations, religious and other organizations, which jeopardize the constitutional system [or] state and national safety.
Article 9
1. The Kyrgyz Republic shall not pursue the policy of expansion, aggression and territorial claims to be resolved by military force. It shall in no way militarize public life, subordinate the state [and] its activities to the purposes of conducting a war. The Armed Forces of Kyrgyzstan shall be organized under the principles of self-defense and defensive sufficiency.
2. The right to conduct a war shall not be acknowledged unless there is any aggression against Kyrgyzstan or other states which will be bound by the obligations of joint defense. In any event, no military unit shall cross the borders of the Kyrgyz Republic unless with such permission of the Jogorku Kenesh of the Kyrgyz Republic provided that a two-thirds majority of the whole number of the deputies of the Jogorku Kenesh shall concur.
3. The Armed Forces shall not be used in order to resolve internal political matters of the state. The military may be called upon in case of natural disasters, as well as in other similar circumstances, where such cases shall be directly envisaged by law.
4. The Kyrgyz Republic shall seek universal and just peace, mutually beneficial cooperation, [and] resolution of global and regional problems in a peaceful manner, [and she shall] observe universally recognized principles of international law.
Actions that may disturb peaceful coexistence of peoples, as well as propaganda and incitement of ethnic or religious clashes, shall be deemed unconstitutional.
Article 10
1. No state of emergency shall be proclaimed in Kyrgyzstan unless in cases of natural calamities, direct threat to the constitutional system, mass riots involving violence or threat to lives of people, or unless under such circumstances and within such time-limits as constitutional law may prescribe.
2. Only the Jogorku Kenesh of the Kyrgyz Republic may proclaim a state of emergency throughout the territory of the Kyrgyz Republic; while in particular localities, where circumstances may require urgent measures, a state of emergency may be proclaimed by the President of the Kyrgyz Republic, of which [he shall], on the same day, promptly notify the Jogorku Kenesh of the Kyrgyz Republic, [and the latter] shall, within three days, approve [or disapprove] such act of the President of the Kyrgyz Republic.
If no such approval shall have been made within the said term, the state of emergency shall be rescinded.
3. The Jogorku Kenesh of the Kyrgyz Republic may impose martial law in the Kyrgyz Republic only in the event of an aggression against the Kyrgyz Republic.
4. No adjournment of a session of the Jogorku Kenesh of the Kyrgyz Republic shall be permitted when [the country may be] in a state of emergency or in a state of martial law. In those cases where the Jogorku Kenesh of the Kyrgyz Republic shall be not in session when the President of the Kyrgyz Republic shall have proclaimed a state of emergency, the Jogorku Kenesh of the Kyrgyz Republic shall convene, without an announcement of the convocation, by no later than the next day after the introduction of the state of emergency.
5. No referendums, no elections, and no changes in the structure, functions, or authorities of state bodies ordained by the Constitution of the Kyrgyz Republic shall be permitted during a state of emergency or martial law.
Article 11
1. The state budget of the Kyrgyz Republic shall consist of the national and local budgets, [and it shall be] comprised of all expenditures and revenues of the state. The national budget shall be approved by the Jogorku Kenesh of the Kyrgyz Republic on the proposal of the Government of the Kyrgyz Republic.
2. Revenues of the national budget shall be generated out of the proceeds of taxes [and] other mandatory charges, provided for by law, as well as out of the incomes by state property and other receipts.
3. A single system of taxation shall operate in the territory of the Kyrgyz Republic. The right to impose taxes shall be vested in the Jogorku Kenesh of the Kyrgyz Republic. Laws which impose new taxes or aggravate the taxpayer’s status shall have no retroactive effect.
4. In exceptional cases [when such measures may be required] to protect economic interests of the Kyrgyz Republic, the Government of the Kyrgyz Republic may take temporal measures with respect to taxation by changing rates of particular taxes or other mandatory budgetary charges, [and it shall] promptly notify the Jogorku Kenesh of the Kyrgyz Republic [of any such changes].
5. Reports on the implementation of the national budget shall be approved by the Jogorku Kenesh of the Kyrgyz Republic.
Article 12
1. The Constitution shall have an ultimate legal force and direct application in the Kyrgyz Republic.
2. Laws and other legal acts shall be adopted on the basis of the Constitution.
3. International treaties and agreements, which shall have taken effect in accordance with a procedure prescribed by law, to which the Kyrgyz Republic is a party and generally accepted principles and norms of international law shall be a constituent part of the legislation of the Kyrgyz Republic.
Chapter II.
CITIZENS
Section One
CITIZENSHIP
Article 13
1. Belonging of a person to the Kyrgyz Republic and his status shall be determined by citizenship.
A citizen of the Kyrgyz Republic shall be obliged to observe the Constitution and laws of the Kyrgyz Republic, respect rights, freedoms, honor, and dignity of other persons.
2. Persons, who shall be citizens of the Kyrgyz Republic, shall not be recognized as citizens of other states.
3. No citizen of the Kyrgyz Republic shall be deprived of citizenship, and of the right to change his citizenship.
4. No citizen of the Kyrgyz Republic may be extradited to another state.
5. The Kyrgyz Republic shall guarantee its citizens protection and patronage outside its borders.
Article 14
1. Every citizen of the Kyrgyz Republic, by virtue of his citizenship, shall enjoy rights and bear obligations.
2. In the Kyrgyz Republic, foreigners and stateless persons shall enjoy the rights and freedoms of the citizens and shall bear obligations on the grounds, under conditions, and in compliance with the procedural rules provided for by laws and interstate treaties and agreements of the Kyrgyz Republic.
Section Two
HUMAN RIGHTS AND FREEDOMS
Article 15
1. The human dignity shall be absolute and inviolable in the Kyrgyz Republic.
2. Every person shall enjoy basic human rights and freedoms from birth. Those rights shall be recognized as absolute, inalienable, and [they shall be] protected, by law and by the court, from encroachments of others.
3. All persons in the Kyrgyz Republic shall be equal before the law and the court. No one may be subjected to any discrimination, [and] rights and freedoms of persons shall not be abridged on account of origin, gender, race, nationality, language, creed, political and religious convictions, or on any other account of personal or public nature.
4. Human rights and freedoms shall be in [direct] effect in the Kyrgyz Republic. They shall determine, as such, the meaning, content, and way of application of the laws; shall be obligatory for the legislative, executive, and judicial powers and local self-government; and shall be protected by justice.
5. In the Kyrgyz Republic, the state shall support those folk customs and traditions that shall not contradict human rights and freedoms.
Article 16
1. In the Kyrgyz Republic, fundamental human rights and freedoms shall be recognized and guaranteed pursuant to universally accepted principles and norms of international law, as well as international treaties and agreements concerning human rights provided that they have taken legal effect.
2. Every person in the Kyrgyz Republic has an inalienable right to life.
No one shall be deprived of his life intentionally.
Everyone may defend his life and health and lives and health of others against unlawful violations.
3. Everyone has the right to liberty and security of person.
Detention, arrest and committal may be appealed to a court.
Everyone who is arrested or detained shall be informed promptly of the reasons for his arrest or detention, and of his rights, and he shall be entitled, at the time of his detention, to defend himself in person or through legal assistance of an advocate.
4. Everyone who has been the victim of unlawful acts on the part of state bodies or their officers, committed in furtherance of their duties, shall have the right to compensation by the state.
5. Everyone has the right to confidentiality of correspondence, and of telephone, telegraph, postal, and other communication.
This right may be interfered only in accordance with law.
6. Everyone has the right to respect of his private life and to respect and protection of his honor and dignity.
No gathering, storing, use, or dissemination of confidential information on a person shall be permitted without his permission except in cases prescribed by law.
Everyone has the right to get acquainted with his personal information at state bodies, bodies of local self-government, establishments, and organizations unless such information is a state or other secret protected by law.
Everyone shall be guaranteed the right to the protection of the court against untrue information about his own or about members of his family and the right to compensation of actual losses and moral damage caused by any such gathering, storing, or dissemination of untrue information.
7. [The Kyrgyz Republic recognizes] the sanctity of home. No one may enter a person’s home without permission of those who live there.
Search or other acts that require entering a person’s home may be permitted only in cases prescribed by law, and [in any such instance] the person shall be entitled to appeal such acts in court.
8. Everyone has the right to liberty of movement and freedom to choose his residence and place for staying within the territory of the Kyrgyz Republic.
Every citizen of the Kyrgyz Republic has the right to leave the Kyrgyz Republic, and to return without obstruction.
The [above-mentioned] rights shall not be subject to any restrictions except those which are provided by law.
9. Everyone has the right to freedom of thought, speech, as well as to freedom of expression of his ideas and opinions. No one may be compelled to impart his ideas and opinions.
Everyone has freedom to gather, store, use, and communicate information by word, in writing or otherwise.
No propaganda or advocacy that constitutes incitement to social, racial, ethnic or religious hatred or hostility shall be permitted. Any propaganda for the superiority on social, racial, ethnic, religious, or linguistic distinction shall be prohibited.
10. Censorship shall be prohibited in the Kyrgyz Republic.
11. Everyone shall be guaranteed freedom of conscience, belief, and of religious or atheistic activities. Everyone shall have freedom to profess religion of his choice or not to profess any religion, and to choose, possess, and impart one’s religious or atheistic beliefs.
12. Everyone shall have freedom to choose his ethnic belonging. No one may be compelled to choose or indicate his ethnic belonging.
Insulting one’s ethnic dignity shall be prosecuted in accordance with law.
13. Citizens of the Kyrgyz Republic have the right to freedom of association.
All associations shall be equal before the law.
No one may be compelled to belong to an association, or restricted in his rights on the distinction of belonging or not belonging to an association.
Citizens may not form militarized organizations.
No secret associations shall be permitted.
14. Citizens of the Kyrgyz Republic have the right to freedom of peaceful assembly, without weapons, and of holding gatherings, meetings, rallies, demonstrations, and pickets subject to a prior notification of executive bodies or bodies of local self-government.
15. Everyone has the right to launch personal or group inquiries with state bodies, bodies of local self-government, and their officers, and [the latter] shall, within their jurisdiction, consider such inquiries and make rational replies within a term prescribed by law.
16. Everyone shall be guaranteed the right to freedom of literary, artistic, scientific, and technical creative activities, [and] to the protection of intellectual property.
17. Everyone has the right to possess, use, and dispose of his property, products of his intellectual and creative work.
By using his property, no one may hurt the rights, freedoms, and lawful interests of others, [or to harm] public interests, [or to damage] land, environment, or natural resources.
18. Everyone has the right to economic freedom, and to free use of his abilities and property for any economic activities except for activities restricted by law.
19. Everyone has the right to freedom of labor, as well as the right to freely use his skills, and to freely choose his profession and occupation.
20. The enumeration in the Constitution of rights and freedoms is not exclusive and shall not be construed to deny or disparage other universally recognized human rights and freedoms.
21. In realizing his rights and freedoms, a person may not violate the rights and freedoms of others.
22. No rights and freedoms may be used to force any change of the constitutional system, to incite to racial, ethnic, social or religious hatred, [or] to propagandize violence or war.
Article 17
1. No laws abolishing or abridging human rights and freedoms shall be enacted in the Kyrgyz Republic.
2. The exercise of rights and freedoms may be restricted by the Constitution or laws of the Kyrgyz Republic only as may be necessary to protect the rights and freedoms of other persons, public safety and order, territorial integrity, and the constitutional system. In such cases, the essence of constitutional rights and freedoms shall not be affected.
Article 18
1. Physical and moral inviolability of a person may be limited only under the law by a guilty verdict of a court as the punishment for a committed crime. No one may be exposed to torment, torture, or inhuman and humiliating punishments.
2. No medical, biological, and psychological experiments on persons shall be permitted unless there shall be such voluntary consent of the examinee, properly expressed and certified.
3. No one may be arrested, detained or held in custody unless under law. No actions that tend to impose liability for a crime on a person before the verdict shall have been passed by court shall be allowed, and such actions shall be grounds for compensation to the victim through the court for the material and moral harm suffered.
4. The death penalty may be envisaged by law, and it may be imposed only by a court as an exceptional penalty for most serious offenses.
Any person sentenced to death shall have the right to seek pardon.
Article 19
1. The right to private property shall be recognized and guaranteed in the Kyrgyz Republic as an inalienable human right, as a natural source of one's welfare, [as a basis for] business and creative activity, and as a security of one's economic and personal independence.
2. [The Kyrgyz Republic recognizes] the sanctity of property. No person may be deprived of his property arbitrarily, and no seizure of a person’s property may occur against the owner's will unless when so shall be decided by court.
3. Property may be expropriated for the needs of the state in exceptional cases prescribed by law, [and any such expropriation shall be] subject to the prior and equivalent compensation.
4. The right of inheritance shall be guaranteed and protected in the Kyrgyz Republic by law.
Article 20
The Kyrgyz Republic may grant political asylum to foreign citizens and stateless persons on account of violation of human rights.
Section Three
CITIZEN’S RIGHTS AND DUTIES
Article 21
1. Citizens of the Kyrgyz Republic [and] their associations shall be allowed to engage in any actions or activities, except for those prohibited or restricted by this Constitution and laws of the Kyrgyz Republic.
2. Enjoyment of rights and freedoms by a citizen of the Kyrgyz Republic shall be inseparable from his duties, which shall be necessary to secure private and public interests.
Article 22
1. Laws of the Kyrgyz Republic concerning rights and duties of citizens shall be equally applied to all citizens and shall not bestow on anyone privileges and preferences, except those provided for by the Constitution of the Kyrgyz Republic and laws in order to ensure social security of citizens.
2. The state, its bodies, bodies of local self-government, and their officers shall not exceed authority envisaged in the Constitution and laws of the Kyrgyz Republic.
Article 23
1. Citizens of the Kyrgyz Republic may participate in the governance of the state both directly and through their representatives.
2. Citizens of the Kyrgyz Republic may participate in the discussion and adoption of laws and decisions of national and local significance.
3. Citizens of the Kyrgyz Republic may elect and be elected to state bodies and bodies of local self-government, as well as take part in referendums.
4. Citizens of the Kyrgyz Republic shall have equal access to the state and municipal service.
Article 24
1. Citizens of the Kyrgyz Republic shall have the right and bear the duty to defend the Motherland.
2. Citizens shall be bound to military service within such limits, and in such forms as shall be ascertained by law.
A citizen may be released from military duty or he may choose to substitute military service for alternative service on the grounds, and following the procedure prescribed by law.
Article 25
Citizens of the Kyrgyz Republic shall pay taxes and charges as prescribed by the law of the Kyrgyz Republic.
Article 26
1. The family is a fundamental unit of society; family, fatherhood, maternity, and childhood shall be an object of concern to the whole society and [a matter of] the preferential protection by law[;] care [and] upbringing of children shall be a natural right and civil duty of the parents. Able-bodied adult children shall take care of their parents.
2. The state shall provide for care, upbringing, and education of orphans and parentless children.
3. Respect for old people [and] caring for one's own kin and relatives shall be a sacred tradition of the people of Kyrgyzstan.
Article 27
1. In the Kyrgyz Republic, social protection shall be guaranteed at the expense of the state in old age, in sickness, in disability, and in the event of a loss of the breadwinner.
2. Depending on economic resources of the society, pensions and social protection shall provide a standard of living not below the subsistence level established by law.
3. Voluntary social insurance, establishment of additional forms of security, and charity shall be encouraged.
Article 28
1. A citizen of the Kyrgyz Republic shall have the right to protection of labor in all its forms and displays, to working conditions that comply with safety and hygiene requirements, and to social protection against unemployment
2. The state shall take care of professional training and further education of citizens, [and it shall] encourage and promote international treaties and international organizations that aim at securing and establishing the right to work.
3. No forced labor of citizens shall be permitted except in cases of war, natural disaster, epidemic, or other extraordinary circumstances, and when [it shall be enforced] as a way of serving out a sentence imposed by court.
Article 29
Citizens of the Kyrgyz Republic who work for hire by labor agreements (contracts) shall have the right to remuneration in the amount of no less than a subsistence level established by the state.
Article 30
Citizens of the Kyrgyz Republic shall have the right to strike.
Procedural rules and terms of holding strikes shall be ascertained by law.
Article 31
1. Citizens of the Kyrgyz Republic shall have the right to rest [and leisure].
2. The maximum duration of working hours, the minimum weekly rest and yearly paid leave, as well as other basic terms of exercising the right to rest shall be determined by law.
Article 32
1. Every citizen of the Kyrgyz Republic shall have the right to education.
2. Basic education shall be compulsory and free, [and] everyone shall be entitled to receive it in public or municipal educational institutions.
Every citizen shall have the right to receive free general secondary education in public or municipal educational institutions.
3. The state shall make vocational, specialized secondary, and higher education equally accessible to all on the basis of individual capacity.
4. Paid education in public and other educational institutions may be permitted on the basis and in accordance with the rules established by the law of the Kyrgyz Republic.
5. The state shall exercise control over educational institutions and establishments in such forms as specified by law.
Article 33
Citizens of the Kyrgyz Republic shall have the right to housing. This right shall be ensured by developing the state, municipal, and individual housing stock, [and by] helping citizens with purchasing accommodations on such conditions, and following such procedure as law of the Kyrgyz Republic may provide.
Article 34
1. Citizens of the Kyrgyz Republic shall have the right to health protection and to benefit freely from the network of public and municipal health care establishments.
2. Paid medical service shall be permitted on the basis and in accordance with the rules established by law.
Article 35
1. Citizens of the Kyrgyz Republic shall have the right to a healthy and safe environment, and to indemnification of damage caused to one's health or property by misuse of the nature.
2. Protection of the environment, natural resources, and historical monuments shall be a sacred duty of every citizen.
Article 36
1. Culture, art, literature, science, and mass media shall be unrestricted.
2. The state shall protect historical monuments, take care of and provide necessary conditions for development of literature, art, science, mass media, and sports.
3. Citizens shall have the right of access to cultural values, [and the right] to be engaged in arts and science.
Article 37
Social protection by the state shall not lead to the substitution of the state patronage for economic freedom and for business activity and ability of a citizen to achieve on his own the economic welfare for himself and his family.
Article 38
1. The state, all its bodies, bodies of local self-government, and their officers shall be obliged to provide for the full, absolute, and immediate protection of the rights and freedoms of citizens, for the prevention of violations in this field, and for subsequent restitution [of such].
2. The Kyrgyz Republic shall guarantee the protection of the court for citizens' rights and freedoms accorded by the Constitution and laws of the Kyrgyz Republic.
3. Courts of arbitration may be constituted for the purposes of the extrajudiciary resolution of disputes arising from civil relationships. Powers, foundation, and procedures of courts of arbitration shall be ascertained by law.
Article 39
1. Everyone charged with a criminal offense shall have the right to be presumed innocent until found guilty by a court's verdict provided that it shall have come into effect.
2. The state shall guarantee everyone protection from arbitrary and unlawful interference with one's personal and family privacy, attacks on one's honor and dignity, and breach of privacy of correspondence and telephone conversations.
3. No one shall have the right to enter another's home except in cases when it may be required for conducting a warranted search or seizure, [for] maintaining public order, arresting a criminal, [or for] saving the life, health, or property of a person.
Article 40
1. Every citizen in the Kyrgyz Republic shall be provided with the qualified legal assistance, and with the protection of the rights and freedoms guaranteed by the Constitution of the Kyrgyz Republic. Legal assistance shall be provided for free at such times as law may provide.
2. Control after the observance of human and citizen’s rights in the Kyrgyz Republic shall be vested with an Ombudsman of the Kyrgyz Republic.
3. Procedure for selection, and powers of the Ombudsman of the Kyrgyz Republic, as well as the way they may be realized shall be ascertained by law.
Article 41
Promulgation of laws and other legal acts concerning rights, freedoms, and duties of a person or citizen shall be recognized as a sine qua non for enforcement thereof.
Chapter III.
THE PRESIDENT OF THE KYRGYZ REPUBLIC
Article 42
1. The President of the Kyrgyz Republic shall be the head of the state [and] the highest official person of the Kyrgyz Republic.
2. The President of the Kyrgyz Republic shall be a symbol of the unity of the people and state power, [and he shall be] the guarantor of the Constitution of the Kyrgyz Republic [and] of rights of a person and citizen.
3. 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.
Section One
ELECTIONS OF THE PRESIDENT OF THE KYRGYZ REPUBLIC
Article 43
1. A President of the Kyrgyz Republic shall be elected for the term of five years.
2. No person shall hold the office of President of the Kyrgyz Republic for more than two consecutive terms.
3. Any citizen of the Kyrgyz Republic, no younger than 35 years of age and no older than 65 years of age, who shall have command of the state language and who shall have been 15 years a resident within the Kyrgyz Republic at the time of his nomination for the presidency, may be elected a President of the Kyrgyz Republic.
4. The President of the Kyrgyz Republic shall not be a deputy of the Jogorku Kenesh of the Kyrgyz Republic, [he shall not] occupy other posts [and] engage in business activities.
5. The President of the Kyrgyz Republic shall suspend his activity in political parties and organizations for the term of his office until the next presidential election shall begin in the Kyrgyz Republic.
Article 44
1. Regular elections of the President of the Kyrgyz Republic shall be held on the last Sunday of October in the fifth year of the term of the President of the Kyrgyz Republic.
Early elections of the President of the Kyrgyz Republic shall be held on the last Sunday before the last day of the three-month period dating from the end of the term of the President of the Kyrgyz Republic.
2. The President of the Kyrgyz Republic shall be elected by citizens of the Kyrgyz Republic on the basis of the universal, equal and direct suffrage by secret ballot.
3. The number of nominees for the presidency shall not be limited. Any person, who shall have gathered no less than 50,000 signatures of voters, may be registered as a candidate for the presidency of the Kyrgyz Republic.
4. Elections of the President of the Kyrgyz Republic shall be considered valid if more than fifty per cent of voters of the [Kyrgyz] Republic shall have cast their ballots in the election.
A candidate who shall have won more than a half of all votes cast in the first ballot shall be considered elected to the office of the President of the Kyrgyz Republic.
If none of the candidates shall win more than a half of the votes cast in the first ballot, then only those two candidates, who shall have won the largest numbers of votes, shall participate in the second ballot. A candidate who shall have won more than a half of the votes cast in the second ballot shall be considered elected to the presidency provided that no less than 50 per cent of all voters [of the Kyrgyz Republic] shall have cast their votes in the second ballot.
Article 45
1. Returns of a presidential election shall be validated by the Constitutional Court of the Kyrgyz Republic not later than within 7 days from the date of the election.
2. Within thirty days after the announcement of the returns of the election by the Chairman of the Constitutional Court of the Kyrgyz Republic, the President of the Kyrgyz Republic shall take his oath before the Jogorku Kenesh of the Kyrgyz Republic.
3. On entering the office, the President of the Kyrgyz Republic shall bring the oath to the people of Kyrgyzstan as follows:
"I, ..., while entering the office of President of the Kyrgyz Republic, do swear before my people and the sacred Motherland of Ala-Too:
that I will rigorously observe and protect the Constitution of the Kyrgyz Republic; guard the sovereignty and independence of the Kyrgyz State;
respect and guarantee rights and freedoms of all citizens of the Kyrgyz Republic; faithfully and diligently execute the high duties of the President of the Kyrgyz Republic entrusted to me by the confidence of all the People!"
4. The term of the President of the Kyrgyz Republic shall begin at the moment of taking the oath. The powers of the President shall terminate at the moment when the term of a newly elected President of the Kyrgyz Republic shall begin.
Section Two
POWERS OF THE PRESIDENT OF THE KYRGYZ REPUBLIC
Article 46
1. The President of the Kyrgyz Republic shall have power:
1) to determine a structure of the Government of the Kyrgyz Republic, and to introduce it to the Jogorku Kenesh of the Kyrgyz Republic for consideration;
2) to appoint, with the consent of the Jogorku Kenesh of the Kyrgyz Republic, the Prime Minister of the Kyrgyz Republic;
3) to appoint, by the advice of the Prime Minister of the Kyrgyz Republic, and with the consent of the Jogorku Kenesh of the Kyrgyz Republic, members of the Government of the Kyrgyz Republic; appoint, by the advice of the Prime Minister of the Kyrgyz Republic, heads of administrative agencies; and to remove them from office;
4) to accept resignations of the Prime Minister of the Kyrgyz Republic, the Government of the Kyrgyz Republic, or an individual member of the Government; dismiss the Prime Minister of the Kyrgyz Republic or [dissolve] the Government of the Kyrgyz Republic; and to dismiss, on his own initiative or on such advice of the Prime Minister of the Kyrgyz Republic, a head of an administrative agency;
5) to appoint, by the advice of the Prime Minister, and with the consent of appropriate local keneshes, heads of local state administrations; remove them from office;
6) to appoint 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;
7) to constitute and abolish the National Security Service;
8) to constitute and head the Security Council of the Kyrgyz Republic and other coordinating bodies;
9) to form state security services and the National Guard subordinate to him;
10) to constitute and abolish such executive bodies that will not be included into the structure of the Government;
11) to approve, in consultation with the Prime Minister of the Kyrgyz Republic, a single system of the training of personnel of and the selection of personnel to bodies funded from the national budget, [as well as a single system] of financing state bodies, and of remuneration for state employees.
2. The President of the Kyrgyz Republic shall have power:
1) to nominate, for the selection by the Jogorku Kenesh of the Kyrgyz Republic, candidates for the offices of Chairman of the Constitutional Court of the Kyrgyz Republic, his deputy, and judges of the Constitutional Court of the Kyrgyz Republic;
2) to nominate, for the selection by the Jogorku Kenesh of the Kyrgyz Republic, candidates for the offices of Chairman of the Supreme Court of the Kyrgyz Republic, his deputies, and judges of the Supreme Court of the Kyrgyz Republic;
3) to appoint, with the consent of the Jogorku Kenesh of the Kyrgyz Republic, the Procurator-General of the Kyrgyz Republic; appoint, by the advice of the Procurator-General, deputies of the Procurator-General [and] the Military Procurator of the Kyrgyz Republic; remove them from office;
4) to appoint, with the consent of the Jogorku Kenesh of the Kyrgyz Republic, the Chairman of the Board of the National Bank of the Kyrgyz Republic; remove him from office; appoint, by the advice of the Chairman of the National Bank of the Kyrgyz Republic, deputies of the Chairman and members of the Board of the National Bank of the Kyrgyz Republic; and remove them from office;
5) to appoint, with the consent of the Jogorku Kenesh of the Kyrgyz Republic, chairmen, their deputies, and judges of local courts of the Kyrgyz Republic; discharge them in the cases envisaged in the Constitution and constitutional laws of the Kyrgyz Republic.
3. The President of the Kyrgyz Republic shall have power:
1) to direct the foreign policy of the Kyrgyz Republic;
2) to conduct negotiations and sign international treaties of the Kyrgyz Republic;
3) to sign instruments of ratification;
4) to appoint, in consultation with an appropriate committee of the Jogorku Kenesh of the Kyrgyz Republic, diplomatic representatives of the Kyrgyz Republic in foreign states, and in international organizations; recall them; accept credentials and letters of recall of heads of diplomatic missions of foreign states, and of representatives of international organizations accredited to the President of the Kyrgyz Republic;
5) to decide on granting and renouncing the citizenship of the Kyrgyz Republic, and on granting political asylum.
4. The President of the Kyrgyz Republic may:
1) grant state awards of the Kyrgyz Republic;
2) confer honorary titles of the Kyrgyz Republic,
3) confer higher military ranks, diplomatic ranks, class categories, and other special titles;
4) grant pardons.
5. The President of the Kyrgyz Republic shall have power:
1) to introduce bills to the Jogorku Kenesh of the Kyrgyz Republic;
2) to sign and promulgate laws; return them with his objections to the Jogorku Kenesh of the Kyrgyz Republic for reconsideration, or decline them;
3) to address the people of Kyrgyzstan with his annual messages concerning the state of affairs in the country, which shall be delivered at a session of the Jogorku Kenesh of the Kyrgyz Republic;
4) to suspend and invalidate legal acts of the Government of the Kyrgyz Republic, and of other executive bodies;
5) to decide on the financing of measures of great urgency at the expense of the state;
6) to exercise legislative powers at such times, and in such manner as stipulated in Article 68 of this Constitution.
6. The President of the Kyrgyz Republic shall have power:
1) to convene an early sitting of the Jogorku Kenesh of the Kyrgyz Republic, and to determine matters to be considered [at such sitting];
2) to call a referendum on his own initiative; decide on calling a referendum on the initiative of no less than 300,000 voters, or a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic;
3) to call elections to the Jogorku Kenesh of the Kyrgyz Republic, to dissolve the Jogorku Kenesh of the Kyrgyz Republic in the cases provided for by this Constitution;
4) to call elections to local keneshes and, in the cases provided for by law of the Kyrgyz Republic, dissolve them;
5) to appoint, with the consent of the Jogorku Kenesh of the Kyrgyz Republic, Chairman of the Central Commission of the Kyrgyz Republic on Elections and Referendums; appoint a half of the membership of the Central Commission of the Kyrgyz Republic on Elections and Referendums; and remove them from office;
6) to appoint, with the consent of the Jogorku Kenesh, Chairman of the Auditing Chamber of the Kyrgyz Republic; appoint a half of the auditors of the Auditing Chamber of the Kyrgyz Republic; and remove them from office.
7. Should there be grounds envisaged by law, the President of the Kyrgyz Republic may warn of a possibility to introduce a state of emergency, and, if necessary, may proclaim a state of emergency in particular localities without a prior warning, of which action he shall promptly notify the Jogorku Kenesh of the Kyrgyz Republic.
8. The President of the Kyrgyz Republic may declare general or partial mobilization; and may declare a state of war in an event of aggression or direct threat of aggression against the Kyrgyz Republic, in which case he shall promptly submit this matter to the Jogorku Kenesh of the Kyrgyz Republic for consideration; and may impose martial law, in which case he shall promptly submit this matter to the Jogorku Kenesh of the Kyrgyz Republic for consideration.
9. The President of the Kyrgyz Republic shall be Commander-in-Chief of the Armed Forces, [and he shall] appoint and discharge commanders of the Armed Forces of the Kyrgyz Republic.
Article 47
1. The President of the Kyrgyz Republic may issue decrees and orders.
2. Decrees and orders of the President of the Kyrgyz Republic shall be binding for the execution throughout the Kyrgyz Republic.
3. Decrees issued by the President of the Kyrgyz Republic by way of exercising legislative powers under Article 46.5.6 of the Constitution of the Kyrgyz Republic, shall have the force of law.
Article 48
The President of the Kyrgyz Republic may delegate his powers, stipulated in Article 46.3.2 of this Constitution, to the Prime Minister of the Kyrgyz Republic, members of the Government of the Kyrgyz Republic, or other officials; and he may also ratify international financial instruments and loan agreements signed by them.
Article 49
1. The President of the Kyrgyz Republic shall enjoy immunity. The honor and dignity [reputation] of the President of the Kyrgyz Republic shall be protected by law.
2. Provision, maintenance, and protection of the President of the Kyrgyz Republic and his family, shall be provided at the expense of the state.
Article 50
1. Powers of the President may be terminated as a result of his resignation declared at a sitting of the Jogorku Kenesh of the Kyrgyz Republic, his removal from office in such manner as provided by the Constitution, inability to discharge the powers due to illness, or in case of his death.
2. Should the President of the Kyrgyz Republic be unable to discharge his duties due to illness, the Jogorku Kenesh of the Kyrgyz Republic, on the strength of findings of a state medical commission created by [the Parliament], shall decide on an early dismissal of the President of the Kyrgyz Republic provided that no less than two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic concur.
Article 51
1. The President of the Kyrgyz Republic may be removed from office only on the basis of a charge with treason or other serious offense brought in by the Jogorku Kenesh of the Kyrgyz Republic and confirmed by the opinion of the Constitutional Court of the Kyrgyz Republic.
2. A decision of the Jogorku Kenesh of the Kyrgyz Republic to bring in a charge against the President of the Kyrgyz Republic in order to remove him from office may be initiated by a majority vote of the whole number of its deputies, and it shall be adopted if no less than two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic concur provided that there shall have been obtained findings of a special commission constituted by the Jogorku Kenesh of the Kyrgyz Republic.
3. Should the Constitutional Court of the Kyrgyz Republic hand down an unfavorable opinion on a charge brought in by the Jogorku Kenesh of the Kyrgyz Republic, it shall entail the dissolution of the Jogorku Kenesh of the Kyrgyz Republic.
4. Provided that the Constitutional Court of the Kyrgyz Republic shall have confirmed a charge brought in by the Jogorku Kenesh of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic shall decide, by no later than within two months after the bringing of the charge by the Jogorku Kenesh of the Kyrgyz Republic, on the removal of the President of the Kyrgyz Republic from office, which decision shall be adopted by a majority vote of no less than four fifths of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic. Should the Jogorku Kenesh of the Kyrgyz Republic fail to reach a decision within the specified time limits, the charge shall be considered refuted.
Article 52
1. In case of inability, due to reasons envisaged in Article 50 hereof, of the President of the Kyrgyz Republic to discharge his duties, the same shall devolve on the Prime Minister of the Kyrgyz Republic until a new President of the Kyrgyz Republic shall be elected. If this is the case, an election of a new President of the Kyrgyz Republic shall be held within three months after the termination of the powers of the President of the Kyrgyz Republic.
2. As an Acting President of the Kyrgyz Republic, the Prime Minister of the Kyrgyz Republic shall not have the right to dissolve the Jogorku Kenesh of the Kyrgyz Republic, to call a referendum, to terminate the powers of the Government of the Kyrgyz Republic, and to make proposals on changes and amendments to the Constitution of the Kyrgyz Republic.
Article 53
1. All former Presidents of the Kyrgyz Republic, except for those who shall have been removed from office under the terms of Article 51 hereof, shall have the title of an ex-president of the Kyrgyz Republic.
2. The Ex-President of the Kyrgyz Republic shall enjoy immunity. He shall not be subjected to criminal or administrative liability for his act or omission committed in furtherance of his duties during his term of the President of the Kyrgyz Republic, and he may not be detained, arrested, subjected to search, interrogation, or body search.
3. Immunity of the Ex-President of the Kyrgyz Republic shall extend to housing and offices that he may occupy; vehicles and means of communication that he may use; archives, other property, and documents that belong to him; and to his luggage and correspondence.
4. Provision, maintenance, and protection of the Ex-President of the Kyrgyz Republic, his spouse, underage children, and other members of his household dependent on him shall be provided at the expense of the state in such manner as stipulated by law.
Chapter IV.
THE JOGORKU KENESH OF THE KYRGYZ REPUBLIC
Article 54
1. The Jogorku Kenesh - the parliament of the Kyrgyz Republic - shall be a representative body, which shall exercise the legislative power and controlling functions within the bounds of its authority.
2. The Jogorku Kenesh shall consist of 75 deputies elected for the term of five years from single member constituencies.
Candidates to the Jogorku Kenesh of the Kyrgyz Republic may be nominated by political parties, and by citizens – self-nomination.
3. Deputies of the Jogorku Kenesh of the Kyrgyz Republic shall be elected on the basis of the universal, equal, and direct suffrage by secret ballot. Procedure for election of deputies of the Jogorku Kenesh of the Kyrgyz Republic shall be ascertained by law.
4. Regular elections to the Jogorku Kenesh of the Kyrgyz Republic shall be held on the last Sunday of February in the fifth year of the term of the Jogorku Kenesh of the Kyrgyz Republic.
Article 55
1. A Jogorku Kenesh of the Kyrgyz Republic shall assemble for its first session when no less than two thirds of the constitutional body of the members shall have been elected, [but] no later than within 30 days from the date of the publication of election returns.
2. The eldest, by age, deputy of the Jogorku Kenesh of the Kyrgyz Republic shall open the first meeting of the Jogorku Kenesh of the Kyrgyz Republic.
3. On entering the office, deputies of the Jogorku Kenesh of the Kyrgyz Republic shall bring the oath before the Jogorku Kenesh of the Kyrgyz Republic:
"I, ..., while entering the office of Deputy of the Jogorku Kenesh of the Kyrgyz Republic, do swear allegiance to the Kyrgyz Republic and vow:
that I will observe the Constitution and laws of the Kyrgyz Republic, execute my duties in the interests of the people, protect the sovereignty and independence of the Kyrgyz State.”
The term of deputies of the Jogorku Kenesh of the Kyrgyz Republic shall begin on the day of taking the oath.
2. The powers of the Jogorku Kenesh of a previous convocation shall end on the day when the Jogorku Kenesh of a new convocation shall assemble for their first session.
Article 56
1. A citizen of the Kyrgyz Republic, who shall have attained to the age of 25 years by the election day, and been a permanent resident within the Kyrgyz Republic during five last years prior to his nomination as a candidate for the parliament, may be elected a deputy of the Jogorku Kenesh provided that he shall have the suffrage right.
2. No person with criminal record may be elected a deputy of the Jogorku Kenesh of the Kyrgyz Republic unless such record shall have been expunged and canceled in such manner as law may provide.
3. A deputy of the Jogorku Kenesh of the Kyrgyz Republic shall be a representative of the people of Kyrgyzstan [and] shall abide by the Constitution and laws of the Kyrgyz Republic.
4. A deputy of the Jogorku Kenesh of the Kyrgyz Republic shall enjoy immunity. He shall not be subjected to persecution for any opinion expressed within his responsibilities of the deputy, or for results of the voting in the Jogorku Kenesh of the Kyrgyz Republic. A deputy shall not be detained, arrested, subjected to search unless when in cases of being caught in the act of committing a crime. A deputy may be prosecuted or subjected to administrative liability imposed by court only with the consent of the Jogorku Kenesh of the Kyrgyz Republic.
5. A deputy of the Jogorku Kenesh of the Kyrgyz Republic shall not at the same time be a member of the Government of the Kyrgyz Republic, or a deputy of a local kenesh.
A deputy of the Jogorku Kenesh of the Kyrgyz Republic shall not be holding office of a judge, procurator, or any other public office. He shall not engage in business activities, be a member of any governing body or supervisory board of a commercial organization.
A deputy of the Jogorku Kenesh of the Kyrgyz Republic may engage in scientific, teaching, or other creative activities provided that such activities shall not interfere with his duties of the deputy.
6. The term of a deputy of the Jogorku Kenesh of the Kyrgyz Republic shall end on the expiration of the term of the Jogorku Kenesh of the Kyrgyz Republic.
7. The term of a deputy of the Jogorku Kenesh of the Kyrgyz Republic shall end early in the cases of resignation by submitting a written declaration of abdication, dissolution of the Jogorku Kenesh of the Kyrgyz Republic, adjudication of his incompetence, adjudication of his death or that he is missing by a court decision in legal force, or death of the deputy.
In case of the entry into legal force of a guilty verdict rendered against a deputy of the Kyrgyz Republic by court, taking up another job or failing to quit a job not compatible with the exercise of his duties of a deputy, invalidation of the election, leaving abroad for the purpose of taking up a permanent residence, renunciation of citizenship of the Kyrgyz Republic, or loss of citizenship of the Kyrgyz Republic, the deputy of the Jogorku Kenesh shall forfeit his powers in such manner as may be prescribed by law.
8. Powers of a deputy of the Jogorku Kenesh of the Kyrgyz Republic may be terminated or he may be divested of his powers of the deputy by such resolution of the Central Commission of the Kyrgyz Republic on Elections and Referendums.
9. A deputy of the Kyrgyz Republic may be divested of his powers of the deputy for systematic absences, without due cause, at meetings of the Jogorku Kenesh of the Kyrgyz Republic during any one session if such decision shall have been taken by a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic.
10. Procedure for filling a vacancy due to the early expiration of a deputy’s term shall be ascertained by law.
Article 57
A deputy of the Jogorku Kenesh of the Kyrgyz Republic shall have the right of inquiry to executive bodies and bodies of local self-government, and to their officers, [and] the latter shall be obliged to answer his inquiries within one month.
Section One
POWERS OF THE JOGORKU KENESH OF THE KYRGYZ REPUBLIC
Article 58
1. Powers of the Jogorku Kenesh of the Kyrgyz Republic shall be as follows:
1) to amend the Constitution of the Kyrgyz Republic following the procedure stipulated herein;
2) to adopt laws of the Kyrgyz Republic;
3) to make official interpretations of the Constitution, and of the laws adopted by the Jogorku Kenesh;
4) to alter state borders of the Kyrgyz Republic;
5) to approve the national budget, reports on its implementation, and national programs for the [country’s] socio-economic development to be introduced by the Government of the Kyrgyz Republic;
6) to decide on matters of the administrative and territorial structure of the Kyrgyz Republic;
7) to call presidential elections of the Kyrgyz Republic;
8) to approve the structure of the Government of the Kyrgyz Republic proposed by the President of the Kyrgyz Republic;
9) to accept appointments to the office of Prime Minister of the Kyrgyz Republic and Member of the Government of the Kyrgyz Republic;
10) to cast a vote of no confidence in the Government of the Kyrgyz Republic by a majority vote of the whole number of the deputies at such times as may be provided for by the Constitution;
11) to select and recall, by the advice of the President of the Kyrgyz Republic, the Chairperson of the Constitutional Court, his deputy, and judges of the Constitutional Court of the Kyrgyz Republic;
12) to select and recall, by the advice of the President of the Kyrgyz Republic, the Chairperson of the Supreme Court, his deputies, and judges of the Supreme Court of the Kyrgyz Republic;
13) to accept appointments to the office of Judge of a local court;
14) to accept appointments to the office of Procurator-General of the Kyrgyz Republic;
15) to accept appointments to the office of Chairperson of the National Bank of the Kyrgyz Republic;
16) to accept appointments to the office of Chairperson of the Central Commission of the Kyrgyz Republic on Elections and Referendums;
17) to elect a half of the membership of the Central Commission of the Kyrgyz Republic on Elections and Referendums;
18) to accept appointments to the office of Chairperson of the Auditing Chamber of the Kyrgyz Republic;
19) to appoint a half of the auditors of the Auditing Chamber of the Kyrgyz Republic;
20) to select and recall the Ombudsman of the Kyrgyz Republic and his deputies;
21) to ratify and denounce international treaties except in the cases provided by Article 48 of this Constitution of the Kyrgyz Republic;
22) to proclaim a state of emergency, affirm or invalidate decrees of the President of the Kyrgyz Republic on the issue;
23) to decide matters of war and peace; to impose martial law, declare a state of war, [and] affirm or invalidate decrees of the President of the Kyrgyz Republic on those issues;
24) to decide on a possible use of the Armed Forces of the Kyrgyz Republic outside of the country’s borders when it may be necessary in order to fulfill obligations under interstate covenants for support of peace and safety;
25) to introduce military ranks, diplomatic ranks, class categories, and other special titles of the Kyrgyz Republic;
26) to introduce state awards and honorary titles of the Kyrgyz Republic;
27) to pass acts of amnesty;
28) to hear messages of, and statements by the President of the Kyrgyz Republic, speeches by heads and representatives of foreign states, international organizations;
29) to hear annual reports of the Constitutional Court of the Kyrgyz Republic as to the state of the constitutional legality in the country, of the Ombudsman of the Kyrgyz Republic as to the state of the observance and protection of human and citizen’s rights and freedoms in the country;
30) to hear annual reports of the Prime Minister of the Kyrgyz Republic, Procurator-General of the Kyrgyz Republic, Chairperson of the National Bank of the Kyrgyz Republic, Chairperson of the Auditing Chamber of the Kyrgyz Republic;
Provisions of this Constitution and laws of the Kyrgyz Republic regarding the autonomy and independence of such state bodies and their officers shall be taken into consideration in the hearing of annual reports of the officers mentioned herein;
31) to remove the President of the Kyrgyz Republic from office.
2. When deciding on issues mentioned in paragraphs 2, 7, 9-20, 28-31 hereof, and on issues pertaining to the exercise of control over the enforcement of laws, the Jogorku Kenesh of the Kyrgyz Republic shall pass resolutions.
3. Unless otherwise stipulated in this Constitution, no laws and resolutions of the Jogorku Kenesh of the Kyrgyz Republic shall be adopted unless a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic shall concur.
Article 59
1. Issues other than those mentioned in Article 58.2, as well as other significant issues of state and public life, shall be regulated by laws.
2. No law shall take effect and promulgated unless signed by the President of the Kyrgyz Republic.
3. At such request of the Government of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic may permit the Government of the Kyrgyz Republic to adopt resolutions on issues within the jurisdiction of the Jogorku Kenesh of the Kyrgyz Republic.
Article 60
1. The Jogorku Kenesh of the Kyrgyz Republic shall choose, out of the deputies, the Toraga of the Jogorku Kenesh of the Kyrgyz Republic [Speaker], his deputies, and recall them.
2. The Toraga of the Jogorku Kenesh of the Kyrgyz Republic shall:
1) conduct sessions of the Jogorku Kenesh;
2) preside over the preparation of issues to be considered at sessions of the Jogorku Kenesh of the Kyrgyz Republic;
3) sign acts adopted by the Jogorku Kenesh;
4) represent the Jogorku Kenesh in the Kyrgyz Republic and abroad, provide for interaction between the Jogorku Kenesh and the President of the Kyrgyz Republic, Government of the Kyrgyz Republic, executive and judicial bodies, bodies of local self-government;
5) control the staff of the Jogorku Kenesh;
6) perform other functions as the Law on the Rules of Procedure of the Jogorku Kenesh of the Kyrgyz Republic may vest in him.
3. A Toraga of the Jogorku Kenesh shall be selected by secret ballot provided that a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic shall concur.
4. Deputies of the Toraga of the Jogorku Kenesh shall be elected by secret ballot, [and they] shall exercise, by order of the Toraga, some of his functions, and shall act for the Toraga in his absence. Deputies of the Toraga of the Jogorku Kenesh of the Kyrgyz Republic may be recalled in such manner as the Law on the Rules of Procedure of the Jogorku Kenesh of the Kyrgyz Republic may prescribe.
Article 61
1. The Jogorku Kenesh of the Kyrgyz Republic may constitute committees –no more than seven, and ad hoc commissions, and may elect their chairs.
A deputy of the Jogorku Kenesh of the Kyrgyz Republic may be a member of one committee or one commission only.
2. Committees of the Jogorku Kenesh of the Kyrgyz Republic shall prepare and preliminary consider matters within the jurisdiction of the Jogorku Kenesh of the Kyrgyz Republic, oversight the enforcement of laws and decisions adopted by the Jogorku Kenesh of the Kyrgyz Republic.
3. No laws and other legal acts of the Jogorku Kenesh of the Kyrgyz Republic shall be adopted unless their drafts shall have been preliminary considered by appropriate committees of the Jogorku Kenesh of the Kyrgyz Republic.
4. Any appointment or selection of officers, [if such appointment or selection is] within the jurisdiction of the Jogorku Kenesh of the Kyrgyz Republic, and any consent of the Jogorku Kenesh to appointments to public offices, and to removal from office require an opinion of an appropriate committee of the Jogorku Kenesh of the Kyrgyz Republic.
Article 62
1. The Jogorku Kenesh shall work in sessions. The Jogorku Kenesh shall assemble once in every year, and such session shall begin on the first working day of September and shall end on the last working day of June.
2. Procedures of the Jogorku Kenesh shall be regulated by the Rules of Procedure.
3. The Jogorku Kenesh shall have power to do business provided that no less than two thirds of the whole number of the deputies of the Jogorku Kenesh shall be present at a sitting.
Article 63
1. The Jogorku Kenesh of the Kyrgyz Republic may be dissolved early with the concurrence of no less than two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic.
2. The Jogorku Kenesh of the Kyrgyz Republic may be dissolved early by the President of the Kyrgyz Republic: 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 of the Kyrgyz Republic and other branches of the state power.
3. In the case provided for in Article 51.3 of this Constitution, the dissolution of the Jogorku Kenesh of the Kyrgyz Republic shall become valid from the pronouncement of the resolution by the Constitutional Court of the Kyrgyz Republic.
4. The Jogorku Kenesh may not be dissolved: in time of a state of emergency or martial law; during the consideration by the Jogorku Kenesh of the Kyrgyz Republic of a possible removal of the President of the Kyrgyz Republic from office; [or] whenever fewer than six months remain until the end of the term of the President of the Kyrgyz Republic.
5. In the event of the dissolution of the Jogorku Kenesh of the Kyrgyz Republic, the President of the Kyrgyz Republic shall appoint a day of elections to the Jogorku Kenesh of the Kyrgyz Republic so that a newly elected Jogorku Kenesh of the Kyrgyz Republic shall convene for its first session by no later than within six months after the dissolution.
Section Two
LEGISLATIVE ACTIVITIES
Article 64
The right of legislative initiative [to initiate bills] shall belong to:
· 30,000 voters (a popular initiative);
· the President of the Kyrgyz Republic;
· deputies of the Jogorku Kenesh of the Kyrgyz Republic;
· the Government of the Kyrgyz Republic.
Article 65
1. Bills shall be introduced in the Jogorku Kenesh of the Kyrgyz Republic.
2. Bills shall be considered by the Jogorku Kenesh of the Kyrgyz Republic out of turn if identified as urgent by the President of the Kyrgyz Republic or the Government of the Kyrgyz Republic.
3. The Toraga of the Jogorku Kenesh of the Kyrgyz Republic shall direct a bill, introduced in the Jogorku Kenesh of the Kyrgyz Republic, along with the opinion of the Government of the Kyrgyz Republic to an appropriate committee of the Jogorku Kenesh of the Kyrgyz Republic.
Within one month, the [responsible] committee shall submit the bill to the Jogorku Kenesh of the Kyrgyz Republic along with a Committee’s opinion.
4. No changes to bills on the national budget shall be introduced without the consent of the Government of the Kyrgyz Republic.
5. No amendments to national budget laws, to bills imposing or rescinding taxes, altering financial obligations of the state, and to other bills that entail an increase of expenditures at the expense of the state budget or reduction of state revenues shall be introduced in the Jogorku Kenesh of the Kyrgyz Republic and adopted without the consent of the Government of the Kyrgyz Republic.
6. No bills to amend the Constitution of the Kyrgyz Republic, draft constitutional laws, bills to interpret the Constitution of the Kyrgyz Republic or constitutional laws, bills to amend constitutional laws, and bills to alter borders of the Kyrgyz Republic shall be passed by the Jogorku Kenesh of the Kyrgyz Republic unless two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic concur provided that no less than two readings shall have been held.
7. No changes and amendments shall be made to the Constitution of the Kyrgyz Republic and constitutional laws in time of emergency or martial law.
8. No laws abridging the freedom of speech, or of the press shall be made.
Article 66
1. A law passed by the Jogorku Kenesh of the Kyrgyz Republic shall be presented, within one month, to the President of the Kyrgyz Republic for the signing.
2. The President of the Kyrgyz Republic, no later than within one month from the day when the law shall have been thus presented, shall sign it or shall return it with his objections to the Jogorku Kenesh of the Kyrgyz Republic for reconsideration.
If after such reconsideration a majority of two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic shall repass the law in the earlier approved wording, it may be signed by the President of the Kyrgyz Republic within one month dating from the submission.
3. Should the President of the Kyrgyz Republic [choose] not to sign a law, or [should he not] return it [to the Jogorku Kenesh] for reconsideration within the established term, the law shall be deemed declined by the President of the Kyrgyz Republic, of which the Jogorku Kenesh of the Kyrgyz Republic shall be notified.
4. A law which shall have been returned [to the Jogorku Kenesh] by the President of the Kyrgyz Republic for reconsideration shall be considered by the Jogorku Kenesh of the Kyrgyz Republic within one month dating from the submission. Should the Jogorku Kenesh of the Kyrgyz Republic fail to consider thus returned law within one month, the law shall be deemed adopted in the wording of the objections by the President of the Kyrgyz Republic, and shall be subject to the signing.
5. A law, specified in Article 65.6 of this Constitution, if returned [to the Jogorku Kenesh] by the President of the Kyrgyz Republic for reconsideration, shall be subject to the signing by the President of the Kyrgyz Republic within one month provided that at reconsideration of the law a majority of four fifths of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic shall repass the law in the earlier approved wording. At this, the President of the Kyrgyz Republic may choose to resort to provisions of Article 66.3.
Article 67
A law shall take effect at the expiration of the tenth day following its promulgation unless otherwise provided by the law itself or by the Law regarding the taking of effect.
Article 68
1. The Jogorku Kenesh of the Kyrgyz Republic may delegate its legislative powers to the President of the Kyrgyz Republic for a period of up to one year.
2. The legislative powers shall devolve on the President of the Kyrgyz Republic in the case of the dissolution of the Jogorku Kenesh of the Kyrgyz Republic.
3. The President of the Kyrgyz Republic shall exercise legislative powers by way of issuing decrees with the force of law.
Chapter V.
EXECUTIVE POWER OF THE KYRGYZ REPUBLIC
Article 69
In the Kyrgyz Republic, the executive power shall be vested in the Government of the Kyrgyz Republic, subordinate ministries, state committees, administrative agencies, other executive bodies, and local state administrations.
Section One
THE GOVERNMENT OF THE KYRGYZ REPUBLIC
Article 70
1. The Government of the Kyrgyz Republic shall be the highest body of the executive power in the Kyrgyz Republic.
2. The Government of the Kyrgyz Republic shall be headed by the Prime Minister of the Kyrgyz Republic. The Government shall consist of Prime Minister of the Kyrgyz Republic, Vice-Prime Ministers, ministers, and chairmen of state committees of the Kyrgyz Republic.
Structure of the Government of the Kyrgyz Republic shall be determined by the President of the Kyrgyz Republic on advice of the Prime Minister of the Kyrgyz Republic, and subject to approval by the Jogorku Kenesh of the Kyrgyz Republic.
3. When a new President of the Kyrgyz Republic shall enter into office, the powers of the Government of the Kyrgyz Republic shall cease.
4. Prime Minister of the Kyrgyz Republic, Government of the Kyrgyz Republic, or an individual member of the Government may submit their resignations, which the President of the Kyrgyz Republic shall accept or decline.
5. Resignation of the Prime Minister of the Kyrgyz Republic, if accepted [by the President], shall entail resignation of the Government, and of heads of administrative agencies. In case of the acceptance of [the Prime Minister's] resignation, the Government of the Kyrgyz Republic and heads of administrative agencies may continue to act upon such authorization from the President of the Kyrgyz Republic until a new Government of the Kyrgyz Republic shall be formed, and heads of administrative agencies shall be appointed.
Article 71
1. The Prime Minister of the Kyrgyz Republic shall be appointed by the President of the Kyrgyz Republic with the consent of a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic.
2. The President shall nominate a Prime Minister of the Kyrgyz Republic and shall propose his candidacy to the Jogorku Kenesh of the Kyrgyz Republic by no later than two weeks after the new President of the Kyrgyz Republic shall have entered on the execution of his office or after the Prime Minister of the Kyrgyz Republic or the Government of the Kyrgyz Republic may have resigned, or within one week from the day of rejection of a [previous] nominee to the office of Prime Minister of the Kyrgyz Republic by the Jogorku Kenesh of the Kyrgyz Republic.
3. The Jogorku Kenesh of the Kyrgyz Republic shall take a decision on accepting the appointment of a [nominated] Prime Minister of the Kyrgyz Republic by no later than within seven days after the nominee shall have been proposed [to it].
4. After the Jogorku Kenesh of the Kyrgyz Republic may have thrice rejected candidates for the office of Prime Minister of the Kyrgyz Republic, the President of the Kyrgyz Republic shall appoint the Prime Minister of the Kyrgyz Republic and shall dissolve the Jogorku Kenesh of the Kyrgyz Republic.
5. The Prime Minister of the Kyrgyz Republic shall, as provided by the Constitution, laws of the Kyrgyz Republic, and decrees of the President of the Kyrgyz Republic, determine guidelines for the activities of the Government of the Kyrgyz Republic, organize its work, and shall be personally responsible for its activities.
Article 72
1. In its functioning, the Government of the Kyrgyz Republic shall be responsible to the President of the Kyrgyz Republic and accountable to the Jogorku Kenesh of the Kyrgyz Republic within the limits prescribed by this article of the Constitution.
The President of the Kyrgyz Republic may chair any sitting of the Government of the Kyrgyz Republic.
2. The Prime Minister of the Kyrgyz Republic shall present annul reports on the work of the Government of the Kyrgyz Republic to the Jogorku Kenesh of the Kyrgyz Republic.
3. Following the consideration of an annual report of the Prime Minister of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic may, if so initiated by no less than a majority of the whole number of the deputies of the Kyrgyz Republic, cast a vote of no confidence in the Government of the Kyrgyz Republic.
4. Any such resolution to vote no confidence in the Government of the Kyrgyz Republic shall require the concurrence of no less than two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic.
5. No issue of delivering a vote of no confidence in the Government of the Kyrgyz Republic may be considered by the Jogorku Kenesh of the Kyrgyz Republic: more than once during any one session; during one year since a Work Program of the Government of the Kyrgyz Republic may have been approved; [or] whenever fewer than six months remain until the end of the term of the President of the Kyrgyz Republic.
6. After the Jogorku Kenesh may have passed a vote of no confidence in the Government of the Kyrgyz Republic, the President of the Kyrgyz Republic shall either decide to dissolve the Government of the Kyrgyz Republic or disagree with the decision of the Jogorku Kenesh of the Kyrgyz Republic.
7. Should the Jogorku Kenesh of the Kyrgyz Republic within three months choose to again deliver the vote of no confidence in the Government of the Kyrgyz Republic, the President of the Kyrgyz Republic shall either announce the dissolution of the Government of the Kyrgyz Republic or dissolve the Jogorku Kenesh of the Kyrgyz Republic.
Article 73
1. The Government of the Kyrgyz Republic shall decide all matters of state management except for the authorities vested, by the Constitution of the Kyrgyz Republic, in the President of the Kyrgyz Republic and the Jogorku Kenesh of the Kyrgyz Republic.
2. The Government of the Kyrgyz Republic shall:
1) provide for the enforcement of the Constitution and laws of the Kyrgyz Republic, legal acts of the President of the Kyrgyz Republic, and of the Government of the Kyrgyz Republic; [and provide for] the realization of internal and foreign policy of the state;
2) take measure to ensure rule of law, citizen’s rights and freedoms, the protection of public order, [and] crime prevention;
3) provide for the implementation of fiscal, pricing, tariff, investment, and tax policies;
4) draw up and submit national budget to the Jogorku Kenesh, and provide for its implementation; present reports on the implementation of the national budget to the Jogorku Kenesh of the Kyrgyz Republic;
5) provide for the realization of single state policy with regard to culture, science, education, health care, labor and employment, social security, environmental protection, ecological safety, and use of the nature;
6) draw up and implement nationwide programs for the economic, social, scientific and technical, and cultural development;
7) take measures to ensure equal conditions for the development of all forms of ownership, and for their protection, and to manage state-owned facilities;
8) take measures to ensure sovereignty of the state, defense potential, and national security;
9) organize and realize foreign trade, customs regulation;
10) direct and coordinate activities of ministries, state committees, administrative agencies, state commissions and funds, local state administrations, and other executive bodies;
11) provide for the cooperation with civil society;
12) carry out other functions as the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, or decrees of the President of the Kyrgyz Republic may provide.
3. The Government of the Kyrgyz Republic and the National Bank of Kyrgyzstan shall provide for implementation of uniform monetary, credit, and currency policies.
4. Organization of the work and procedures of the Government of the Kyrgyz Republic shall be ascertained by constitutional law.
Article 74
1. In accordance with, and in pursuance of the Constitution and laws of the Kyrgyz Republic, the Government of the Kyrgyz Republic shall issue resolutions and ordinances, and shall organize, supervise, and provide for their enforcement.
2. Resolutions and ordinances of the Government of the Kyrgyz Republic shall be binding throughout the territory of the Kyrgyz Republic. Noncompliance with or undue enforcement of legal acts of the Government of the Kyrgyz Republic shall result in liability as may be envisaged by law.
Article 75
1. The Government of the Kyrgyz Republic shall direct the work of ministries, state committees, administrative agencies, and of bodies of local state administration.
2. Ministries, state committees, and administrative agencies, [and] other executive bodies shall issue, within their powers, orders and ordinances on the basis and in pursuance of the Constitution, laws of the Kyrgyz Republic, resolutions of the Jogorku Kenesh of the Kyrgyz Republic, acts of the President, resolutions and ordinances of the Government of the Kyrgyz Republic, [and] shall organize, supervise, and provide for their enforcement.
3. The Government of the Kyrgyz Republic shall hear reports of heads of ministries, state committees, administrative agencies, other executive agencies, and of local state administrations, and shall invalidate their acts that contradict the laws of the Kyrgyz Republic.
Section Two
LOCAL STATE ADMINISTRATION
Article 76
1. In respective administrative territories, the executive power shall be exercised by local state administration.
2. Powers of local state administration, organization of the work and procedures shall be ascertained by law.
Article 77
1. Local state administrations shall act on the basis of the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, [and] legal acts of the President of the Kyrgyz Republic and of the Government of the Kyrgyz Republic.
2. Decisions of a local state administration, adopted within its powers, shall be binding for the implementation within the given territory.
Section Three
PROCURATOR'S OFFICE
Article 78
The Procurator's Office shall supervise, within the bounds of its powers, over accurate and uniform execution of legislative acts. The procurator’s offices shall conduct prosecutions [and] participate in trials of cases at such times, and in such manner as law may provide.
Chapter VI.
COURTS AND JUSTICE IN THE KYRGYZ REPUBLIC
Article 79
1. Justice shall be administered in the Kyrgyz Republic only by courts.
Citizens of the Kyrgyz Republic shall have the right to participate in administration of justice at such times, and in such manner as law may stipulate.
2. Judicial power shall be exercised through constitutional, civil, criminal, administrative, and other forms of judicial proceedings.
3. The judicial system of the Kyrgyz Republic shall be established in the Constitution of the Kyrgyz Republic and laws of the Kyrgyz Republic, and shall consist of the Constitutional Court of the Kyrgyz Republic, Supreme Court of the Kyrgyz Republic, and of local courts. Specialized courts may be constituted by constitutional laws.
No extraordinary courts shall be constituted.
4. Organization of the work of courts and their procedures shall be ascertained by law.
Article 80
1. The judiciary shall be independent, and shall be subject to the Constitution of the Kyrgyz Republic and laws of the Kyrgyz Republic only.
2. A judge shall enjoy immunity, and may not be detained or arrested, subjected to search, including body search, unless when in cases of being caught in the act of committing a crime.
A judge of the Constitutional Court of the Kyrgyz Republic, of the Supreme Court of the Kyrgyz Republic may be prosecuted or subjected to administrative liability imposed by court only with the consent of the Jogorku Kenesh of the Kyrgyz Republic.
The privilege of a judge shall also apply to his housing, office, vehicles and means of communication that he may use, his correspondence, property and documents that belong to him.
3. No one shall require of a judge to account for a case.
4. Social, material, and other guarantees of his independence shall be ensured to a judge according to his status.
5. A judge of the Constitutional Court, or of the Supreme Court of the Kyrgyz Republic shall be a citizen of the Kyrgyz Republic of no younger than 35 years and of no older than 70 years of age, who shall have a degree in law, and who shall have no less than 10 years of work experience in the legal profession.
The Jogorku Kenesh of the Kyrgyz Republic shall select, on advice of the President of the Kyrgyz Republic, judges of the Constitutional Court, and of the Supreme Court who will serve the term of ten years.
6. A judge of a local court shall be a citizen of the Kyrgyz Republic of no younger than 25 years, and of no older than 65 years, who shall have a degree in law, and who shall have no less than 5 years of work experience in the legal profession.
The President of the Kyrgyz Republic shall appoint, with the consent of the Jogorku Kenesh, judges of local courts for the term of seven years.
7. Status of judges of the Kyrgyz Republic shall be specified by constitutional law.
Article 81
1. A judge may be relieved of office on resignation, due to the state of his health, for the commission of a crime where the judgment of conviction shall have taken legal effect, and on other grounds specified by constitutional law.
2. A judge of the Constitutional Court of the Kyrgyz Republic [and] a judge of the Supreme Court of the Kyrgyz Republic may be removed from office by the advice of the President of the Kyrgyz Republic by a majority vote of no less than two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic.
3. A constitutional law may stipulate other procedures for discharging a judge of the Constitutional Court and a judge of the Supreme Court of the Kyrgyz Republic on resignation or due to the state of his health.
4. Procedures for nomination of candidates to the office of judge, appointment of judges, rotation, discharge of judges of local courts, and other matters concerning judges of local courts and their work shall be ascertained by constitutional law.
Article 82
1. The Constitutional Court shall be the highest body of the judicial power for the protection of the Constitution of the Kyrgyz Republic.
2. The Constitutional Court shall consist of а Chairman, Deputy Chairman, and seven judges of the Constitutional Court.
3. On such inquiries of the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic, Government of the Kyrgyz Republic, [or] Central Commission of the Kyrgyz Republic on Elections and Referendums, the Constitutional Court shall:
1) find laws and other legal acts unconstitutional provided they contradict the Constitution;
2) resolve disputes, arising from the effect, application, and interpretation of the Constitution,
3) hand down an opinion on validity of elections of the President of the Kyrgyz Republic,
4) hand down an opinion on the removal of the President of the Kyrgyz Republic from office, as well as on the discharge of judges of the Constitutional Court, [and of] the Supreme Court of the Kyrgyz Republic;
5) consent to prosecution of judges of local courts;
6) hand down an opinion on proposed amendments to the Constitution of the Kyrgyz Republic within one month in accordance with the requirements of Article 96.2 of this Constitution;
7) annul decisions of bodies of local self-government provided that they contradict the Constitution of the Kyrgyz Republic;
8) determine the constitutionality of activities by political parties, non-governmental and religious organizations.
4. A decision of the Constitutional Court shall be final and shall not be appealed.
If a law or another act, mentioned herein, shall be found unconstitutional by the Constitutional Court, the effect of such law or act shall terminate throughout the territory of the Kyrgyz Republic, along with the effect of other legal acts which shall have been based on the act recognized unconstitutional except for judicial acts. Terms of and procedure for repealing judicial acts and [terms of and procedure for] resolving matters in consequence of the repeal shall be regulated by an appropriate law to be made by the Jogorku Kenesh of the Kyrgyz Republic with regard to any one case when a law or other act shall have been found unconstitutional.
5. Procedures for administration of constitutional justice and other related issues shall be regulated by law.
Article 83
1. The Supreme Court of the Kyrgyz Republic shall be the highest body of the judicial power in regard with civil, criminal, and administrative judicial proceedings, as well as in regard to commercial disputes and other matters as law may envisage.
2. Chambers and benches of judges, and the Presidium shall be constituted within the Supreme Court of the Kyrgyz Republic, of which the powers shall be ascertained by law.
The court instances, thus established within the Supreme Court, shall review judicial acts of lower courts and shall render final decisions in such manner as law may prescribe.
3. The Supreme Court shall overview judicial activities of local courts by way of reviewing judicial acts on appeals by participants of the judicial proceedings. The law shall ascertain powers of the Supreme Court of the Kyrgyz Republic with regard to sustaining acts of local courts, revoking or reversing them.
4. At full sessions [of the court], where all judges of the Supreme Court shall be present, - the Plenum of the Supreme Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic may adopt guidelines in regard to matters of judicial practice, which will be binding on all lower courts.
Article 84
The state shall provide funding and adequate conditions for courts to function, and for judges to work.
Courts shall be funded from the national budget, and [such funding] shall be adequate to provide for an absolute and independent administration of justice by law.
Article 85.
1. Judicial proceedings in all courts shall be open. A court hearing may be held in camera only in cases envisaged by law. Judgment shall be pronounced publicly.
2. No one may be tried, on a criminal or other case, in his absence unless at such times as law may provide.
3. Judicial proceedings shall be based on the principles of adversary process and equality of the parties.
4. Judicial acts may be repealed, reviewed, or suspended only by court in such manner as law may provide.
5. No one charged with a criminal offense shall bear the burden of proof.
6. No one may be convicted of a crime on the account of his confession only.
7. Everyone convicted of a crime shall have the right to his conviction being reviewed by a higher court according to law, and shall have the right to ask for a pardon or for commuting the sentence.
8. No one shall be held liable twice for one offense.
9. Criminal law shall not be applied by analogy.
10. No law which may impose a penalty or provide for a heavier penalty shall have retroactive effect. No one shall be held liable for any act which did not constitute an offense at the time when it was committed. If, subsequent to the commission of the offense, provision is made by law for the revocation of liability for the offense or imposition of a lighter penalty, the new law shall apply.
11. No one shall be compelled to testify against himself, his spouse, or close relatives - the circle of close relatives to be specified by law. Law may also provide for other cases when a person shall not be compelled to testify.
12. Everyone detained, arrested, or charged with a crime shall have the right to enjoy legal assistance of an advocate (defender) from the time of detention, arrest or from the time when the charge was brought accordingly.
13. The rights of victims of crime and of abuse of power shall be protected by law. The state shall provide for their access to justice and compensation for the damage or harm caused.
Article 86
1. Decisions of the courts of the Kyrgyz Republic that shall have come into legal force, shall be binding on all state bodies, business entities, public associations, officials, and persons throughout the territory of the Republic.
2. Failure to execute, improper execution, or hindrance to the execution of judgments, as well as interference with courts shall incur liability provided for by law.
Article 87
1. A court shall not apply a legal act that shall contradict the Constitution of the Kyrgyz Republic.
2. Where, in the course of the hearing of a case in any court instance, the constitutionality of a law or other legal act which may effect outcome of the case, shall have been questioned, the court shall send an inquiry to the Constitutional Court of the Kyrgyz Republic.
Article 88
1. A person, charged publicly or otherwise, shall have the right to protect his honor, dignity, and business reputation, and his right in the court; in no circumstances a person may be denied of such court protection.
2. The defense shall be an inalienable right of a person in any stage of the trial of the case.
If a person shall not have funds, the legal aid and defense shall be provided to him at the expense of the state.
3. Procedural rights of participants of judicial proceedings, including the right to appeal against rulings, judgments, and other court decisions, and the manner in which they may exercise such rights shall be ascertained by law.
Article 89
1. In criminal and administrative cases, the burden of proof shall lie with the accuser.
2. Evidence, wrongfully obtained, shall be void, and inadmissible.
Article 90
If not established by this Constitution, principles of justice [which will be binding on] all courts and judges of the Kyrgyz Republic shall be provided by laws of the Kyrgyz Republic.
Chapter VII.
LOCAL SELF-GOVERNMENT
Article 91
In the Kyrgyz Republic, local self-government shall be exercised by local communities, which shall, within the bounds of the law, administer local affairs on their own responsibility.
Article 92
1. Local affairs shall be administered by local keneshes and other bodies, which shall be constituted, in such manner as the law may provide, by the communities themselves.
Bodies of local self-government may possess, use, and dispose of municipal (communal) property.
2. Public gatherings and local keneshes, or other representative bodies of local self-government may decide to constitute - in villages, settlements, and towns - courts of aksakal [courts of elders] which shall consist of elders or other citizens who may enjoy respect and authority.
3. Courts of aksakal shall consider torts, family disputes, and other matters which, under the law, shall fall within their jurisdiction, provided that the parties to disputes shall agree to have their disputes considered by courts of elders for the purpose of reaching reconciliation among the parties and rendering a just decision which shall not contradict laws.
4. Decisions of courts of aksakal may be appealed in such manner as laws of the Kyrgyz Republic may provide.
Article 93
Laws of the Kyrgyz Republic shall ascertain the bases for the organization and functioning of bodies of local self-government, and shall regulate their relationships with state bodies.
Article 94
Certain state powers may be vested in bodies of local self-government and, for such purpose, they shall be vested with necessary material, financial, and other means. Bodies of local self-government shall be accountable to state bodies in regard to thus delegated powers.
Article 95
1. Local keneshes shall:
- approve and monitor programs of social and economic development of the [respective] territories and social protection of the [respective] communities;
- approve the local budget and reports on its implementation, and shall also hear information of the use of extra-budgetary funds.
2. A local kenesh may pass a vote of no confidence in a head of the local state administration of a respective territorial unit by a two-thirds majority of the whole number of the deputies.
3. Local keneshes shall function independently from the local state administration.
4. Local keneshes and their executive bodies shall, within the bounds of authorities envisaged by the Constitutions and laws of the Kyrgyz Republic, adopt acts, which shall be binding for execution throughout their respective territories.
5. Local keneshes and other bodies of local self-government shall be liable, before the state, for the compliance with and implementation of laws, and, before local communities, for their performance.
6. The deputy of local kenesh shall be elected for four years, and he shall not be subjected to persecution for opinions expressed, and for results of voting in the local kenesh.
Chapter VIII.
CHANGING AND AMENDING
THE CONSTITUTION OF THE KYRGYZ REPUBLIC
Article 96
1. Changes and amendments to this Constitution shall be adopted by a referendum called by the President of the Kyrgyz Republic.
2. [Constitutional] changes and amendments may be adopted by the Jogorku Kenesh of the Kyrgyz Republic on the initiation of the President of the Kyrgyz Republic, of a majority of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic, or of no fewer than 300,000 voters.
3. In considering a proposal to change or amend the Constitution of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic shall take into account an opinion of the Constitutional Court of the Kyrgyz Republic [on the proposal], and such proposal shall be considered no earlier than in three months, but prior to the expiration of six months dating from the submission of the proposal to the Jogorku Kenesh of the Kyrgyz Republic.
4. A proposed wording of changes and amendments to the Constitution of the Kyrgyz Republic shall not be altered while they shall be discussed in the Jogorku Kenesh of the Kyrgyz Republic.
Article 97
1. This Constitution shall be amended by the Jogorku Kenesh of the Kyrgyz Republic when two thirds of the whole number of the deputies of the Jogorku Kenesh of the Kyrgyz Republic concur.
2. A proposal, which shall have failed to be adopted, may be re-submitted to the Jogorku Kenesh no earlier than after the expiration of one year.
President of the Kyrgyz Republic A. Akayev
1. Chapter One - THE KYRGYZ REPUBLIC
Section one - GENERAL PRINCIPLES
Section two - THE STRUCTURE AND ACTIVITIES OF THE STATE
Section one - CITIZENSHIP
Section three - RIGHTS AND DUTIES OF A CITIZEN
Section one - ELECTION
Section two - POWERS OF THE PRESIDENT
4. Chapter Four - THE JOGORKU KENESH
Section One - POWERS OF THE LEGISLATIVE ASSEMBLY AND ASSEMBLY OF PEOPLE’S
Section two - LEGISLATIVE ACTIVITIES
5. Chapter Five - EXECUTIVE POWER
Section one - THE GOVERNMENT
Section two - LOCAL STATE ADMINISTRATION
Section three - The Procurator's General Office
6. Chapter Six - COURTS AND JUSTICE
7. Chapter Seven - LOCAL SELF-ADMINISTRATION
8. Chapter Eight - THE PROCEDURE OF AMENDING AND SUPPLEMENTING THE CONSTITUTION OF THE
KYRGYZ REPUBLIC
CONSTITUTION OF THE KYRGYZ REPUBLIC
Adopted on May 5, 1993 at the session of the Supreme Soviet of the Kyrgyz Republic of the 12th convocation; in the wording of the Law of the Kyrgyz Republic of 16 February 1996 N1.
We, the People of the Kyrgyz Republic, aspiring to secure the national revival of the Kyrgyz, the protection and development
confirming our adherence to human rights and freedoms and the idea of national statehood;
full of determination to develop the economy, political and legal institutes, and culture to insure appropriate living standards for
proclaiming our adherence to national ethnical 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.
Chapter One - THE KYRGYZ REPUBLIC
Section One - GENERAL PRINCIPLES
Article 1
1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic Republic, constructed on the basis of a legal
2. The sovereignty of the Kyrgyz Republic is not limited and shall extend throughout its territory.
3. The people of Kyrgyzstan are the holders of sovereignty and are the single source of state power in the Kyrgyz
4. The people of the Kyrgyz Republic exercise their power directly and through the system government agencies on
Only the Jogorku Kenesh and the President of the Kyrgyz Republic, elected by the People of the Kyrgyz Republic
5. Amendments and supplements to the Constitution of the Kyrgyz Republic, the Laws of the Kyrgyz Republic, and
6. Citizens of the Kyrgyz Republic shall elect the President, deputies of the Legislative Assembly of the Jogorku
Elections shall be free and shall be held on the basis of universal equal and direct suffrage by secret ballot. Citizens
Article 2
1. The State and its bodies shall serve the whole society, and not a particular group.
2. No separate group of people, no association, nor any individual person shall have the right to usurp power in the
Article 3
1. The territory of the Kyrgyz Republic, within its existing boundaries, is inviolable and indivisible.
2. For purposes of governmental management, the territory of the Kyrgyz Republic is divided into administrative
Article 4
1. In the Kyrgyz Republic there may be state and private ownership of property.
The Kyrgyz Republic guarantees the diversity of forms of ownership and their equal legal protection.
2. In the Kyrgyz Republic the land, its underground resources, water, air space, forests, flora and fauna, and all
3. In the circumstances and amounts established by the law of the Kyrgyz Republic the use of plots of land may be
4. The Kyrgyz Republic shall protect the rights of its citizens and legal entities to property, and also their property,
Article 5
1. The state language of the Kyrgyz Republic shall be the Kyrgyz language.
2. The Kyrgyz Republic guarantees the preservation, equal and free development and functioning of the Russian
3. Infringement upon citizens’ rights and freedoms based upon lack of knowledge or command of the state language
Article 6
The Kyrgyz Republic has state symbols -- the State Flag, Emblem, and Anthem. The Capital of the Kyrgyz Republic
Section Two
THE STRUCTURE AND ACTIVITIES OF THE STATE
Article 7
1. State power in the Kyrgyz Republic is based on the following principles:
- the supremacy of the power of the people, which is represented and ensured by the nationally elected head of the
- division of state power into legislative, executive, and judicial branches, and their coordinated functions and
- the responsibility of state organs to the people and execution by them of their authority on behalf of the people;
- differentiation between functions of state power and local self-government.
2. Within the bounds of authority created by this Constitution, the following represent and carry out state power in
- the President of the Kyrgyz Republic;
- the Jogorku Kenesh of the Kyrgyz Republic, comprised of two houses: the Legislative Assembly of the Jogorku
- the Government of the Kyrgyz Republic and local state Administrations;
- the Constitutional Court, the Supreme Court, the Supreme Arbitration Court and the courts and judges of the
Article 8
1. Political parties, trade unions and other public associations may be organized in the Kyrgyz Republic on the bases
2. Political parties may participate in state affairs only in the following forms:
- to nominate their candidates for the election to the Jogorku Kenesh, state posts and to bodies of
- to form fractions in representative bodies.
3. Religions and all cults shall be separated from the State.
4. The following shall not be allowed in the Kyrgyz Republic:
- amalgamation of State and party institutions, as well as subordination of State activity to party programs and
- formation and activity of party organizations in state institutions and establishments. Government employees shall
- membership and activity in support of any political party by military men, officials in the organs of internal affairs,
- formation of political parties on religious grounds. Religious organizations must not pursue political goals and
- interference by members of religious organizations and cults with the activity of state bodies;
- activities of political parties of foreign countries.
Article 9
1. The Kyrgyz Republic does not pursue the policy of expansion, aggression and territorial claims, resolved by
2. The right to conduct a war shall not be acknowledged, unless there is aggression against Kyrgyzstan and other
3. The use of military forces for resolution of internal State political issues shall be prohibited. Military personnel
4. The Kyrgyz Republic seeks universal and just peace, mutually beneficial cooperation, resolution of global and
Actions aimed at disturbing the peaceful co-existence of people, propaganda and encouragement of ethnic clashes
Article 10
1. A state of emergency in Kyrgyzstan may be introduced in Kyrgyzstan only in the events of natural calamity, direct
2. A state of emergency throughout the territory of the Kyrgyz Republic may be imposed only by the Legislative
If such confirmation is not made within this term, the emergency situation shall be terminated.
3. The Legislative Assembly may introduce martial law on the territory of the Kyrgyz Republic only in the event of
4. Adjournment of a session of the Legislative Assembly during a state of emergency of martial law shall not be
5. No referenda or elections in the state bodies, nor changes in the structure, functions and authority of the state
Article 11
1. The state budget of the Kyrgyz Republic shall consist of the republican and local budgets, and shall comprise all
2. Revenue in the republican budget shall be derived from taxes established by law, other liabilities, revenue from
A single system of taxation shall function in the territory of the Kyrgyz Republic. The right to impose taxes shall
3. The Jogorku Kenesh shall be entitled to establish extra-budgetary targeted financial funds. The sources of income
4. The report on execution of the republican budget and extra-budgetary funds shall be approved by the Jogorku
Article 12
1. The Constitution shall have the superior juridical force and the direct effect in the Kyrgyz Republic.
2. Laws and other normative acts shall be adopted on the basis of the Constitution.
3. International treaties and other norms of the international law, which have been ratified by the Kyrgyz Republic,
Article 13
1. Belonging of an individual to the Kyrgyz Republic and his/her status shall be determined by citizenship. A citizen of
2. Individuals, who are citizens of the Kyrgyz Republic, shall not be recognized as citizens of other states.
3. No citizen of the Kyrgyz Republic shall be deprived of his/her citizenship and the right to change his/her
4. The Kyrgyz Republic shall guarantee protection and patronage of its citizens outside its territory.
Article 14
1. Every citizen of the Kyrgyz Republic, by virtue of his/her citizenship, shall enjoy rights and perform obligations.
2. Foreigners and stateless persons in the Kyrgyz Republic shall enjoy the rights and freedoms of citizens and
Article 15
1. The dignity of an individual in the Kyrgyz Republic shall be absolute and inviolable.
2. Every person shall enjoy the basic human rights and freedoms since birth. These rights shall be recognized as
3. All persons in the Kyrgyz Republic shall be equal before the law and the court.
No one may be exposed to any discrimination, infringement of rights and freedoms, on the motives of origin, sex,
4. Human rights and freedoms in the Kyrgyz Republic shall be valid. They shall determine, as such, the meaning,
5. In the Kyrgyz Republic, the state shall encourage folk customs and traditions, which do not contradict human
Article 16
1. In the Kyrgyz Republic, basic human rights and freedoms shall be recognized and guaranteed in accordance with
2. Every person in the Kyrgyz Republic shall enjoy the right:
- to life, physical and moral immunity;
- to personal freedom and security;
- to freedom of personal development;
- to freedom of creed, spirit and worship;
- to free expression and dissemination of ones thoughts, ideas, opinions, freedom of literary, artistic, scientific and
- to freedom of movement, and freedom of choice of ones place of destination and residence throughout the territory
- to association;
- to assemble peacefully and without weapons, to free meetings and demonstrations;
- to inviolability of residence;
- to freedom and secrecy of correspondence;
- to honor and freedom of private life, personal and family secrets;
- to secrecy of postal, telephone, and telegraph communication;
- to have property, and to possess, use and dispose of it at ones own discretion;
- to economic freedom, and to free use of ones abilities and property for any economic activity;
- to freedom of labor, and to free choice of a type of activities and profession.
The enumeration of the rights and freedoms in the Constitution shall not be interpreted as negating or diminishing
Article 17
1. No laws must be enacted in the Kyrgyz Republic abolishing or infringing human rights and freedoms.
2. Restrictions on the exercise of rights and freedoms shall be allowed by the Constitution and laws of the Kyrgyz
Article 18
1. Limitations of physical and moral inviolability shall be allowed only on the basis of the law by the decision of a court
2. Medical, biological, and psychological experiments on people without a voluntary agreement, properly expressed
3. No one may be arrested and detained on the basis other than the law. Any actions aimed at imposing a liability on a
4. Capital punishment may be imposed only in exceptional cases under the sentence of a court.
Any person sentenced to capital punishment shall have the right to appeal for pardon.
Article 19
1. Private property in the Kyrgyz Republic shall be recognized and guaranteed as an inalienable human right, as a
2. Property shall be inviolable. No person can be arbitrarily deprived of his/her property, and it may be withdrawn
3. The right of inheritance in the Kyrgyz Republic shall be guaranteed and protected by law.
Article 20
The Kyrgyz Republic may grant political asylum to foreign citizens and stateless persons by the motives of violation
RIGHTS AND DUTIES OF A CITIZEN
Article 21
1. Citizens of the Kyrgyz Republic and their organizations, shall be allowed to engage in any action or activity, except
2. Enjoyment of the rights and freedoms by a citizen of the Kyrgyz Republic shall be inseparable from his/her duties
Article 22
Laws of the Kyrgyz Republic on the rights and freedoms of citizens must be equally applied to all citizens and shall
Article 23
Citizens of the Kyrgyz Republic shall participate in governing both directly and through their representatives, in the
Article 24
Citizens of the Kyrgyz Republic have the right and duty to defend the Motherland. Citizens shall perform military
Article 25
Citizens of the Kyrgyz Republic must pay taxes and fees in accordance with legislation.
Article 26
1. The family is the primary unit of society; family, fatherhood, maternity and childhood shall be a subject of concern
2. The government shall provide material assistance, up bringing and education for orphans and children deprived of
3. Respect for old people and support for relatives is a sacred tradition of the people of Kyrgyzstan.
Article 27
1. Social maintenance at the expense of the government in old age, in sickness and in the event of complete or partial
2. In accordance with the economic resources of society, pensions and social maintenance must provide a standard of
3. Voluntary social insurance and the establishment of additional forms of security and charity shall be encouraged.
Article 28
1. A citizen of the Kyrgyz Republic shall have the right to protection of labor in all its forms and displays, including
2. The government shall provide professional training and improvement of professional qualification of citizens, and
3. The forced labor of citizens shall be prohibited, except in cases of war, natural disaster, epidemic, or other
Article 29
Citizens of the Kyrgyz Republic, working under a labor agreement (contract), shall have the right to fair remuneration no less
Article 30
Citizens of the Kyrgyz Republic shall have the right to strike.
The procedure and conditions for holding strikes shall be determined by the law.
Article 31
1. Citizens of the Kyrgyz Republic shall have the right to rest.
2. The maximum duration of the working hours, the minimum weekly rest and annual paid leave, as well as other basic
Article 32
1. Every citizen of the Kyrgyz Republic shall have the right to education.
2. General secondary education shall be compulsory and free of charge, and everyone shall be entitled to receive it in the state
3. The state shall provide for accessibility of vocational, special secondary and higher education for every person, in
4. Paid education for citizens at national and other educational institutions shall be allowed on the basis and in the procedure
5. The state shall exercise control over the activity of educational institutions.
Article 33
Citizens of the Kyrgyz Republic shall have the right to housing. The state shall promote the enjoyment of the right to housing, by
Article 34
1. Citizens of the Kyrgyz Republic shall have the right to health protection and to benefit freely from the network of state public
2. Paid medical service shall be allowed on the basis and in the procedure established by law.
Article 35
1. Citizens of the Kyrgyz Republic shall have the right to a healthy and safe environment and to the indemnification of damage,
2. Protection of the environment, natural resources and historical monuments shall be a sacred duty of every citizen.
Article 36
1. Culture, art, literature, science and mass media shall be free.
2. The state shall protect the historical monuments, take care and create necessary conditions for the development of literature,
3. Citizens shall have the right of access to cultural benefits, and to be involved in artistic and scientific activities.
Article 37
The economic freedom and activity of a citizen, and his/her opportunity to achieve economic welfare for himself/herself and
Article 38
1. The full, absolute, and immediate protection of the rights and freedoms of citizens, prevention of infringement of rights in this
2. The Kyrgyz Republic shall guarantee the protection by the court of all the rights and freedoms of citizens, provided by the
Article 39
1. A citizen charged with an offence shall be presumed innocent until he/she is found guilty by the sentence of the court, which
2. The state shall guarantee everyone a protection from arbitrary and unlawful interference with one’s private and family life,
3. No one shall have the right to enter a residence, except in cases when it is necessary to conduct a sanctioned search or
Article 40
Every citizen in the Kyrgyz Republic shall be provided with the qualified legal assistance and protection of rights and freedoms
Article 41
Publication of laws and other normative legal acts, concerning the rights, freedoms and duties of an individual and a citizen shall
Article 42
1. The President of the Kyrgyz Republic is the head of state and the highest official of the Kyrgyz Republic.
2. The President of the Kyrgyz Republic is the symbol of the unity of people and state power, and is the guarantor of the
3. The President of the Kyrgyz Republic defines the fundamental directions of internal and external policy of the state,
Section One
Article 43
1. The President of the Kyrgyz Republic shall be elected for a term of five years.
2. The same person cannot be elected President for more than two consecutive terms.
3. The President of the Kyrgyz Republic must be a citizen of Kyrgyzstan, no younger than 35 years of age, and no
4. The President of the Kyrgyz Republic cannot be a deputy of the Jogorku Kenesh, occupy other positions, carry out
5. The President of the Kyrgyz Republic must suspend his activity in political parties and organizations for the period
Article 44
1. A new presidential election shall be held in the Kyrgyz Republic two months before the date of expiration of the
2. The President of the Kyrgyz Republic shall be elected by citizens of the Kyrgyz Republic by a majority of actual
3. The number of candidates for the presidential office shall not be limited. Any person, who has obtained not less
4. The election of the President of the Kyrgyz Republic shall be considered valid if more than fifty per cent of the
A candidate shall be considered elected to the presidential office, if in the first ballot he/she has obtained more than a
If none of the candidates obtained more than a half of the votes cast in the first ballot, only the two candidates who
A candidate, who will obtain more than half of the votes cast in the second ballot shall be considered, elected if not
Article 45
1. The result of the presidential elections must be confirmed by the Constitutional Court of the Kyrgyz Republic not later than
2. After the Chairman of the Constitutional Court of the Kyrgyz Republic announces the results of the voting, the President shall
3. While entering into office, the President of the Kyrgyz Republic shall bring the oath to the people of Kyrgyzstan:
"I, ..., while taking the obligations of the President of the Kyrgyz Republic, before my People and the Sacred Motherland
to observe and protect the Constitution of the Kyrgyz Republic;
to guard the sovereignty and independence of the Kyrgyz State;
to respect and guarantee the rights and freedoms of all citizens of the Kyrgyz Republic; to perform faithfully the high duties of
4. Duration of the term of presidential mandate shall start as of the moment of bringing the oath of office. The powers of the
Section Two
Article 46
I. The President of the Kyrgyz Republic:
1) Determines the structure of the Government of the Kyrgyz Republic;
2) Appoints the Prime Minister of the Kyrgyz Republic with the consent of the Assembly of People’s
3) Appoints, in consultation with the Prime Minister of the Kyrgyz Republic, the members of the Government of the
4) Accepts requests by the Prime Minister, the Government, or an individual member of the Government to resign;
5) Appoints with the consent of the appropriate local keneshes, the heads of state administration of districts, and
6) Appoints the State Secretary of the Kyrgyz Republic and determines his status and authorities; forms the
7) Forms and abolishes executive organs not included in the makeup of the Government;
8) Forms and heads the Security Council of the Kyrgyz Republic and other coordinating organs;
9) Forms the state guards and the National Guard, which are subject to him;
10) Authorizes, in consultation with the Prime Minister, a unified system of training and selection of personnel for
II. The President of the Kyrgyz Republic:
1) makes appointments, with the consent of the Assembly of People’s Representatives, to the office of the
2) makes appointments with the consent of the Assembly of the People’s Representatives, to the office of Chairman
3) nominates to the Legislative Assembly and Assembly of People’s Representatives candidates for election to the
4) presents to the Assembly of People’s Representatives candidates for election to the offices of Chairman of the
5) appoints the chairmen, their deputies, and judges of the courts of the regions, the city of Bishkek, districts, and
III. The President of the Kyrgyz Republic:
1) directs the foreign policy of the Kyrgyz Republic;
2) conducts negotiations and signs the international treaties of the Kyrgyz Republic;
3) signs instruments of ratification;
4) appoints and recalls diplomatic representatives of the Kyrgyz Republic in foreign states and international
5) decides questions of assumption and forfeiture of citizenship in the Kyrgyz Republic and of granting political
IV. The President of the Kyrgyz Republic:
1) confers state awards of the Kyrgyz Republic;
2) confers honorary titles of the Kyrgyz Republic;
3) confers higher military ranks, diplomatic ranks, class ranks, and other special titles;
4) grants pardons.
V. The President of the Kyrgyz Republic:
1) presents draft laws to the Jogorku Kenesh;
2) signs laws and returns them with his objections to the appropriate house of the Jogorku Kenesh for further
3) speaks to the people in annual addresses on the state of affairs in the country, to be delivered at a joint meeting of
4) is entitled to halt or annul the effect of acts of the Government of the Kyrgyz Republic and acts of other organs of
5) has the right to decide on questions of financing measures of an urgent nature at state expense, and to establish
6) exercises full legislative authority in cases and by the procedure stipulated in Article 68 of this Constitution.
VI. The President of the Kyrgyz Republic:
1) is entitled to call ahead of time sessions of the Legislative Assembly and the Assembly of People’s
2) call referenda on his own initiative, or takes decisions on calling referenda on the initiative of no less than 300, 000
3) calls elections to the Legislative Assembly and the Assembly of People’s Representatives, and carries out ahead
4) calls elections to local Keneshes and carries out their early dissolution in cases provided in this Constitution;
5) appoints the Chairman of the Central Committee on Elections and Conduct of Referenda and one-third of its
6) appoints the Chairman of the Counting Board and one-third of its auditors.
7. The President of the Kyrgyz Republic in the presence of grounds provided by law, shall warn of the possibility of
8. The President of the Kyrgyz Republic declares universal or partial mobilization; shall announce the status of war in
9. The President of the Kyrgyz Republic shall be the Commander in Chief of the Armed Forces, and appoints and
Article 47
1. The President of the Kyrgyz Republic issues decrees and orders.
2. Execution of decrees and orders of the President of the Kyrgyz Republic shall be mandatory for the whole territory
3. Decrees and orders made by the President of the Kyrgyz Republic in carrying out full legislative authority in
Article 48
The President of the Kyrgyz Republic shall be entitled to assign the authority, provided by sub-point 2 of point 3 of
Article 49
1. The President of the Kyrgyz Republic, his honor and dignity shall be inviolable.
2. Provision, maintenance and protection of the President of the Kyrgyz Republic, as well as of his family, shall be
Article 50
1. The term of office of the President may be terminated as a result of: resignation by his own petition, made by him
2. If the President of the Kyrgyz Republic is unable to carry out his duties because of illness, both houses of the
Medical Commission created thereby and with a vote of no less than two-thirds of the total number of deputies of
Article 51
1. The President of the Kyrgyz Republic may be dismissed from office by the Assembly of People’s Representatives
2. A decision by the Legislative Assembly to bring a charge against the President of the Kyrgyz Republic and
3. A negative ruling by the Constitutional Court of the Kyrgyz Republic on a charge made by the Legislative
4. A resolution of the Assembly of People’s Representatives on dismissal of the President of the Kyrgyz Republic
Article 52
1. If the President of the Kyrgyz Republic is unable to carry out his duties for reasons stated in Article 50 of this
Election of a new President of the Kyrgyz Republic must in this case be conducted within three months of the
2. The Prime Minister, while executing the duties of the President of the Kyrgyz Republic, shall not have the right to
Article 53
1. All former Presidents of the Kyrgyz Republic, except those who have been dismissed from office by the procedure
2. An ex-President of the Kyrgyz Republic and his honor and dignity are inviolable.
3. Provision, maintenance, and protection of an ex-President of the Kyrgyz Republic shall be made at state expense
Chapter Four - THE JOGORKU KENESH
Article 54
1. The Jogorku Kenesh -- the parliament of the Kyrgyz Republic -- is the representative organ which effects
2. The Jogorku Kenesh consists of two houses:
the Legislative Assembly, with 35 deputies, sits continuously and is elected on the basis of representation of the
and the Assembly of People’s Representatives, with 70 deputies, which works in sessions and is elected on the basis
3. Deputies of the Legislative Assembly and Assembly of People’s Representatives are elected for five years.
The procedure for electing deputies of the Legislative Assembly and Assembly of People’s Representatives is
Article 55
1. Each house of the Jogorku Kenesh shall assemble for its first meeting after election with no less than two-thirds of
2. The eldest deputy of the Jogorku Kenesh shall open the first meeting of that house.
3. The Legislative Assembly and the Assembly of People’s Representatives shall meet separately. The houses shall
4. From the day of the start of work of the new convocation of the Legislative Assembly and the Assembly of
Article 56
1. A citizen of the Kyrgyz Republic, who has attained the age of 25 and has permanently resided in the Republic for
2. A Deputy of the Legislative Assembly of the Jogorku Kenesh and a Deputy of the Assembly of People’s
3. A Deputy of the Legislative Assembly and a Deputy of the Assembly of People’s Representatives shall possess
4. One person may not simultaneously be a deputy of the Legislative Assembly and of the Assembly of People’s
Deputies of the Legislative Assembly may not work in another state service and may not engage in business activity.
Deputies of the Assembly of People’s Representatives may not simultaneously be engaged in the office of a member
5. A deputy of the Legislative Assembly or Assembly of People’s Representatives who has not warranted the trust of
6. A deputy of the Legislative Assembly or the Assembly of People’s Representatives shall be deprived of his
7. Preparation of questions connected with employing prosecution measures on deputies, observance by them of the
Article 57
A deputy of the Legislative Assembly and the Assembly of People’s Representatives has the right of inquiry to
Section One
POWERS OF THE LEGISLATIVE ASSEMBLY AND ASSEMBLY OF PEOPLE’S REPRESENTATIVES
Article 58
I. The work of the Legislative Assembly shall include:
1) introduction of amendments and supplements to the Constitution of the Kyrgyz Republic in the procedure
2) adoption of laws of the Kyrgyz Republic;
3) official interpretation of the Constitution and the laws adopted thereby;
4) alteration of the borders of the Kyrgyz Republic;
5) approval of laws adopted by the Assembly of the People’s Representatives;
6) election, upon nomination by the President of the Kyrgyz Republic, of the Chairman of the Constitutional Court of
7) election of one-third of the members of the Central Commission on Elections and Conduct of Referenda;
8) appointment of one-third of the auditors of the Counting Board;
9) ratification and denunciation of international treaties, except cases provided by Article 48 of this Constitution;
10) introduction of states of emergency, authorization of annulment of decrees of the President of the Kyrgyz
11) deciding matters of war and peace; introduction of the state of war, and declaration of war; and authorization or
12) deciding matters for the possibility of using the Armed Forces of the Kyrgyz Republic beyond its borders when
13) establishment of military ranks, diplomatic ranks, class ranks and other special titles of the Kyrgyz Republic;
14) establishment of state awards and honorary titles of the Kyrgyz Republic;
15) issuing acts of amnesty;
16) hearing annual reports of the Prime Minister as well as of organs and officials appointed and elected by it, with
17) bringing charges against the President of the Republic toward his dismissal from office.
II. The Legislative Assembly adopts resolutions on issues, provided by sub-points 5-8, 16, and 17 of Point 1 of this
III. The work of the Assembly of People’s Representatives of the Jogorku Kenesh includes:
1) introduction of amendments and supplements to the Constitution of the Kyrgyz Republic; adoption of laws in cases
2) approval of laws adopted by the Legislative Assembly in cases provided by the Constitution;
3) official interpretation of the Constitution and of the laws adopted by the Assembly;
4) authorization of the republican budget and or reports on its implementation;
5) alteration of the borders of the Kyrgyz Republic;
6) deciding matters of the administrative and territorial structure of the Kyrgyz Republic;
7) calling elections for President of the Kyrgyz Republic;
8) approval of appointments of the Prime Minister of the Kyrgyz Republic;
9) approval of appointments of the Procurator General of the Kyrgyz Republic;
10) approval of appointments of the Chairman of the Board of the National Bank of the Kyrgyz Republic;
11) election, upon nomination by the President of the Kyrgyz Republic, of the Chairman of the Constitutional Court of
12) election, upon nomination by the President of the Kyrgyz Republic, of the Chairmen of the Supreme Court and
13) election of one-third of the members of the Central Commission on Elections and Conduct of Referenda;
14) deciding issues of dismissing judges in the events and by the procedures provided by this Constitution;
15) c appointment of one-third of auditors of the Counting Board;
16) dismissal of the President of the Kyrgyz Republic from office;
17) hearing reports of the Prime Minister as well as of organs and officials appointed and elected by the Assembly,
18) expression of no confidence vote to the Prime Minister;
19) hearing reports of the Procurator General and the Chairman of the Board of the National Bank.
IV. The Assembly of People’s Representatives adopts resolutions on issues provided by sub-points 2 and 7-19 of
Article 59
1. Laws on the introduction of amendments and supplements to the Constitution, constitutional laws, laws on the
2. Laws adopted by the Legislative Assembly on matters of taxes and levies, financial and customs regulation,
3. Laws adopted by the Assembly of People’s Representatives on matters stated in sub-points 4 and 6 of point 3 of
4. Laws stated in the first paragraph of point 2 and the first paragraph of point 3 of this Article shall also be
Article 60
1. Each house of the Jogorku Kenesh shall elect from among its members a Toraga of the House and his deputy, and
2. The Toraga of each house shall be elected by secret vote. He is accountable to the appropriate house and may be
3. The Toragas of the Legislative Assembly and of the Assembly of People’s Representatives conduct the meetings
4. The Deputy Toraga of a given house of the Jogorku Kenesh shall be elected by secret vote. The Deputy Toraga
Article 61
Committees and provisional commissions of the houses shall draft the laws, preliminarily consider the issues
Article 62
1. The activity of the Legislative Assembly shall be carried out in the form of meetings of the Legislative Assembly.
2. The activity of the Assembly of People’s Representatives shall be carried out in the form of sessions of the
3. A meeting of the Legislative Assembly or session of the Assembly of People’s Representatives shall be legitimate
Article 63
1. The Legislative Assembly and the Assembly of People’s Representatives may be dissolved ahead of time by a
2. The Legislative Assembly or the Assembly of People’s Representatives, or both houses of the Jogorku Kenesh
3. In the case envisaged in Point 3 of Article 51 of this Constitution, the Legislative Assembly shall be considered
4. The houses of the Jogorku Kenesh may not be dissolved; in time of a state emergency or war; during
5. In the event of dissolution of the Legislative Assembly, the Assembly of People’s Representatives, or both houses
Section Two
Article 64
The right to legislative initiative shall belong to:
3000 voters (a popular initiative);
the President of the Kyrgyz Republic;
deputies of the Legislative Assembly;
deputies of the Assembly of the People’s Representatives;
the Government of the Kyrgyz Republic;
the Supreme Court of the Kyrgyz Republic, and the Higher Arbitration Court of the Kyrgyz Republic, on matters
Article 65
1. Draft laws may arise in both houses of the Jogorku Kenesh. A given house of the Jogorku Kenesh shall be obliged
2. Amendments to draft laws on the republican budget may be introduced with the consent of the Government.
3. Draft laws or amendments to laws envisaging a reduction of revenues or an increase of expenditures of the state
4. A draft law shall be considered to be adopted if a majority of the total number of deputies of a house have voted for
5. A draft law which has been adopted by one house, on a matter which requires approval from the other house in
6. Drafts of laws on introducing amendments and supplements to the Constitution, of Constitutional laws, of laws on
7. Introduction of amendments and supplements to the Constitution and constitutional laws during states of
Article 66
1. An adopted law shall be sent to the President of the Kyrgyz Republic for signing within five working days.
2. The President of the Kyrgyz Republic, no later than 15 working days after receiving the law, shall sign it or return
3. A law rejected by the President which, in accordance with this Constitution, has been adopted by a majority vote of
4. The law signed by the President of the Kyrgyz Republic shall be subject to publication within time periods
Article 67
A law shall enter into effect from the moment of its publication if no other stipulation is made in the law itself or in a
Article 68
1. The houses of the Jogorku Kenesh may delegate their legislative authority to the President of the Kyrgyz
2. Legislative authority shall be transferred to the President of the Kyrgyz Republic in the event of dissolution of the
3. Legislative authority shall be carried out by the President of the Kyrgyz Republic by the adoption of decrees,
4. In the event of the dissolution of one of the houses of the Jogorku Kenesh the President of the Kyrgyz Republic
Chapter Five - EXECUTIVE POWER
Article 69
Executive power in the Kyrgyz Republic shall be carried out by the Government of the Kyrgyz Republic, ministries
Section One
Article 70
1. The Government of the Kyrgyz Republic shall be the highest executive body of State Power in the Kyrgyz
2. The activity of the Government of the Kyrgyz Republic shall be headed by the Prime Minister of the Kyrgyz Republic.
3. Entry into office of a newly elected President of the Kyrgyz Republic shall entail resignation of the Government of the Kyrgyz
4. The Prime Minister, the Government of the Kyrgyz Republic, or an individual member of the Government shall have the right
5. Acceptance of the resignation of the Prime Minister of the Kyrgyz Republic shall entail the resignation of all members of the
Article 71
1. The Prime Minister shall be appointed by the President of the Kyrgyz Republic with the consent of the Assembly of People’s
2. Nomination of a candidate for Prime Minister shall be submitted to the Assembly of People’s Representatives no later than
3. The Assembly of the People’s Representatives shall take its decision on giving consent to the appointment of a Prime
4. After three refusals by the Assembly of People’s Representatives of nominees for Prime Minister, the President of the
5. The Assembly of the People’s Representatives may express a no confidence vote to the Prime Minister. A resolution of no
6. The Prime Minister, in accordance with the Constitution of the Kyrgyz Republic, laws, and decrees of the President of the
Article 72
1. The President of the Kyrgyz Republic shall monitor the work of the Government of
the Kyrgyz Republic. The President shall have the right to preside at meetings of the Government.
2. The Prime Minister shall present a report on the work of the Government to the Legislative Assembly and the
Article 73
1. The Government of the Kyrgyz Republic shall decide all matters of state governing except authorities vested in
2. The Government of the Kyrgyz Republic shall:
prepare the Republican budget, submit it to the Assembly of People’s Representatives, and provide its
pursue budgetary, financial, tax, and price policy;
organize and manage state property;
take measures on the defense of the country, state security, and implementation of foreign policy of the Kyrgyz
take measures to provide rule of law, and the rights and freedoms of citizens, to protect property and public order,
3. The Government of the Kyrgyz Republic and the National Bank of Kyrgyzstan shall provide the implementation of
Article 74
The Government of the Kyrgyz Republic shall issue decrees and ordinances binding throughout the territory of the
Article 75
1. The Government of the Kyrgyz Republic shall guide the activity of ministries, state committees, administrative
2. Ministries, state committees, and administrative departments shall issue within their competence, decrees and
3. The Government of the Kyrgyz Republic shall hear reports of the heads of local state administration and invalidate
Section Two
Article 76
The local state administration shall carry out executive power in the regions, districts, and cities.
Article 77
1. Local state administrations act on the basis of this Constitution and the laws of the Kyrgyz Republic.
2. Implementation of decisions of local state administrations adopted within the bounds of their competencies shall be
Section Three
The Procurator's GENERAL OFFICE
Article 78
The Procurator?s General Office shall supervise, within the bounds of its competency, the accurate and uniform
Chapter Six - COURTS AND JUSTICE
Article 79
1. Justice in the Kyrgyz Republic shall be administered only by the courts.
2. In the Kyrgyz Republic there shall be the following courts: the Constitutional Court of the Kyrgyz Republic, the
Creation and establishment of extraordinary or ad hoc courts and judicial positions shall not be allowed.
3. The status of courts and judges in the Kyrgyz Republic shall be defined by the Constitutional laws. The
4. A judge shall be subordinated only to the Constitution and the Law. A judge shall enjoy the right to immunity and
Article 80
1. A judge of the Constitutional Court, the Supreme Court, and Higher Arbitration Court may be a citizen no younger
Judges of the Constitutional court of the Kyrgyz Republic shall be elected for a term of fifteen years by the
Judges of the Supreme Court and of the Higher Arbitration Court of the Kyrgyz Republic shall be elected for a term
2. A judge of a local court may be a citizen of the Kyrgyz Republic, no older than 65 years, who has a degree in law
Judges of the local courts shall be appointed by the President of the Kyrgyz Republic initially for a term of 3 years,
Article 81
1. Judges may be removed from office on the basis of bad health, at their personal request, for commission of crime,
2. Judges of the Constitutional Court of the Kyrgyz Republic may be removed from office upon presentation by the
3. Judges of the Supreme Court and Higher Arbitration Court may be removed from office upon presentation by the
Article 82
1. The Constitutional Court shall be the highest body of the judicial power for the protection of the Constitution of
2. The Constitutional Court shall consist of the Chairman, the Deputy Chairman and seven judges of the
3. The Constitutional Court shall:
1) find laws and other normative legal acts unconstitutional in the event they contradict the Constitution;
2) resolve disputes, concerning the effect, application and interpretation of the Constitution;
3) determine the validity of the elections of the President of the Kyrgyz Republic;
4) issue a judgement concerning the removal from office of the President of the Kyrgyz Republic as well as judges of
5) give its consent for initiation of criminal prosecution of judges of local courts;
6) issue a judgement concerning amendments and changes to the Constitution of the Kyrgyz Republic;
7) annul the decisions of bodies of local self-government which contradict the Constitution of the Kyrgyz Republic;
8) render decisions concerning the constitutionality of practices in the application of laws which affect the
4. The decision of the Constitutional Court shall be final and shall not be subject to appeal.
Finding laws or other acts unconstitutional by the Constitutional Court shall terminate the effect of these laws on the
Article 83
1. The Supreme Court of the Kyrgyz Republic shall be the highest body of judicial power in the area of civil, criminal,
2. The Supreme Court of the Kyrgyz Republic shall supervise the operation of courts of oblasts, City of Bishkek,
Article 84
1. The Higher Arbitration Court of the Kyrgyz Republic, regional arbitration courts, and arbitration court of the City
2. Arbitration courts shall resolve disputes, which emerge in the economic area and in the process of management
3. The Higher Arbitration Court of the Kyrgyz Republic shall carry out oversight of the operation of arbitration
Article 85
1. By the decision of the sessions of citizens, local keneshes, or other representative body of self-administration,
2. Aksakals’ courts and third party?s arbitration tribunals shall hear property, family disputes and other cases,
3. The decisions of aksakal?s courts and third party’s arbitration tribunals may be appealed to the appropriate district
Article 86
1. The decisions of the courts of the Kyrgyz Republic, which have come into force shall be binding upon all state
2. Failure to execute the decisions of the courts which came into force, as well as interference with the activity of
Article 87
1. A court shall not be entitled to adopt a normative act which contradicts the Constitution of the Kyrgyz Republic.
2. If in the course of a hearing in any instance, there arises a issue of the constitutionality of a law or other act, on
Article 88
1. A citizen, charged publicly or otherwise, shall have the right to protection of his/her
dignity and rights in the court; in no circumstances a citizen may be denied of the court protection.
2. The defense shall be an inalienable right of a citizen in any stage of the trial of the case.
If a citizen does not have funds, the legal assistance and defense shall be provided to him/her at the expense of the
3. Every participant of the court trial shall have the right to be heard.
Article 89
1. In criminal and administrative cases, the burden of proof shall stay with the prosecutor.
2. Evidence received by way of violation of law shall be recognized as void, and reference to such evidence during the
Article 90
Principles of justice, established by this Constitution, shall be universal and single for all courts and judges in the
Chapter Seven LOCAL SELF-ADMINISTRATION
Article 91
Local self-administration in the Kyrgyz Republic shall be carried out by local associations, which manage affairs of
Article 92
Local self-administration shall be carried out through local keneshes and other organs, which may be formed by the
Article 93
The fundamentals of the organization and activities of organs of local self-administration shall be established by the
Article 94
Organs of local self-administration may be endowed with individual state powers, accompanied by the transfer [to
Article 95
1. Local keneshes shall:
approve and monitor programs of social and economic development of the territory and social protection of the
approve the local budget and report on its implementation and hear information on the use of extra-budgetary funds.
2. Local keneshes of districts, cities, oblasts shall be entitled to express no confidence vote to the head of the local
3. Local keneshes shall operate independently from the local state administration.
4. Within their authority, local keneshes shall adopt acts, binding throughout their territory.
5. Local keneshes and other bodies of local self-administration shall be liable before the state for observation and
THE PROCEDURE OF AMENDING AND SUPPLEMENTING
THE CONSTITUTION OF THE KYRGYZ REPUBLIC
Article 96
1. Amendments and supplements of this Constitution shall be adopted by referendum, appointed by the President of
2. Amendments and supplements may be adopted in the houses of the Jogorku Kenesh after a proposal by the
3. Proposals on introducing amendments and supplements to the Constitution of the Kyrgyz Republic shall be
4. The text of a draft law on introducing amendments and supplements to the Constitution of the Kyrgyz Republic may not be
Article 97
1. Amendments and supplements to this Constitution shall be considered adopted by the Jogorku Kenesh if no fewer
2. The non-adopted proposal may be re-submitted to the Jogorku Kenesh no earlier than after one year.
Section II
Laws and other legal acts which are in effect on the territory of the Kyrgyz Republic before this Law enters into effect
Section III
This Law shall enter into effect from the moment of its publication by the President of the Kyrgyz Republic according
President of the Kyrgyz Republic
A.Akaev
