On Local Governance and Local State Administration in Republic Kyrgyzstan
(in the wording of the RK Laws of December 19, 1991 # 678 - XII,
of March 4, 1992 # 794 - XII, of July 3, 1992 # 985 - XII,
and of December 17, 1992 # 1087 -1-XII,
and of the KR Laws of May 27, 1994 # 1550 - XII,
and of January 21, 1998 # 10.)
(Enacted by the Resolution of the Supreme Soviet of Republic Kyrgyzstan of April 19, 1991 # 438 - XII)
(Vedomosti of the Supreme Soviet of Republic Kyrgyzstan, 1991, p.263.)
Part I. The System and Principles
of Local Governance and of
Local State Administration
Part II. Local Keneshes and Local State
Administration
Part III. Organization and Forms of Activities
of Local Keneshes
and Local State Administration
Part IV. Territorial Public Local Governance
Bodies
Part V. Economic Basis of Local
Governance System
Part VI. Financial Basis of Local Governance
System
Part VII. Guarantees of the Local Governance
and the Local State
Administration Rights
Part I
The System and Principles of Local
Governance and of Local State
Administration
Article 1.
Local Governance in Republic Kyrgyzstan shall
be self-organization of citizens for decision making
on issues of local significance. Decisions issuing
from the interests of the population
and from particularities of administrative-territorial units may
be taken by the citizens directly or through the bodies elected by
them and shall be founded on the
legislation and on the corresponding material and
financial basis.
Local State Administration shall
be the executive power body of Republic Kyrgyzstan in the corresponding
territory.
Article 2.
The system of Local Governance
shall include local keneshes, territorial
local governance bodies (microrayon and housing complex
councils and committees, house, street, quarter,
posyolok, and ail committees and other bodies) as well as local
referendums, meetings of citizens, and other forms of direct
democracy.
Local Governance shall be
performed within the boundaries of administrative-territorial
units to be established and changed
in compliance with the legislation of Republic Kyrgyzstan.
Local keneshes and local
state administration shall provide coordinated
activities of territorial public local governance bodies
and bodies of State Governance carried out within the
corresponding
territory.
Ails, posyoloks, and towns may unite
in associations in order to exercise their rights and interests
more effectively.
Local governance in the Kyrgyz Republic shall
be the right and the actual capacity of the population,
recognized and guaranteed by the Constitution of the Kyrgyz Republic,
to independent, initiative, and responsible decision
making on issues of local significance within the limits defined
by the legislation.
Local governance shall be
performed in compliance with the Constitution
of the Kyrgyz Republic and with the legislation adopted on the base
of the Constitution.
Local governance in Bishkek shall be performed
in accordance with the legislation defining the status of Bishkek.
The jurisdiction and the
procedures for activities of local governance
bodies shall be regulated by this Law, by other legal acts,
and by Charters of local communities.
Article 3.
Local governance and local state administration
shall implement their activities based on:
will of the population
expressed through local keneshes,
territorial public local governance bodies, and other forms
of direct democracy;
protection of legal rights and interests of
citizens;
lawfulness;
publicity and taking public opinion into account;
concord of local and state interests;
distribution of functions
and powers of representative and
executiveadministering bodies;
electivety of local keneshes
and of territorial public local
governance bodies, their accountability to
the population, public
control, and appointment of heads of local state administration;
joint leadership, free discussion, and free
decision making;
independence, and responsibility
of local keneshes, other local
governance bodies, and local state administration for decision
making
on issues of local significance.
Article 4.
Local governance shall
be carried out in the forms
of
representative and direct democracy.
Direct democracy in the
sphere of local governance shall be
introduced into life through local keneshes and
territorial public
local governance bodies.
The major forms of direct democracy shall
be as follows:
local referendums, participation
of the population in discussion
of any important aspect(s) of social and state
activities and of
realization of confirmed decisions
through meetings and skhods
(gatherings) of the citizens, and through
other forms of direct
democracy, as well as in election
of representative bodies and in
implementation of control over the activities of local governments.
The decision on holding a local
referendum shall be taken by the
corresponding local keneshes. The procedures for holding a
referendum
shall be established in accordance with the Law of Republic Kyrgyzstan
On Referendum.
Article 5.
Local governance bodies and
local state administration shall
function in close cooperation with working
collectives and public
associations, and develop conditions allowing the citizens of
Republic
Kyrgyzstan to exercise their constitutional right to participation
in
administering state and public activities.
Article 6.
Legal regulation of local governance
and of the activities of
local keneshes shall be based on
the Constitution of Republic
Kyrgyzstan, on this Law, and on other laws and
regulatory acts of
Republic Kyrgyzstan.
This Law shall also be effective
in monofunctional settlements
(military settlements, closed settlements, etc.).
Part II
Local Keneshes and Local
State Administration
Article 7.
Local keneshes shall be representative
bodies of local governance
and shall be elected by the citizens residing within the corresponding
territories, based on common, equal,
and direct elective right by
secret ballot for a five year term. The procedures
for election of
people's representatives of local keneshes shall be established
by the
legislation of the Republic Kyrgyzstan.
Article 8.
Local keneshes shall be: oblast,
rayon, town/city, rayon (in a
town), town (of rayon subordination),
posyolok, and ail keneshes
forming a unified system of local governance executive bodies.
Local state administration shall
be an executive-administering
body in an oblast, Bishkek city, rayon, town, or in a rayon of a town.
Chairpersons of ail and
posyolok keneshes shall be the heads of
local governance, and shall perform the functions
of local state
administration.
Article 9.
The following territorial levels of local
keneshes and local state
administration shall be established in Republic Kyrgyzstan:
ail, posyolok, and town
(of rayon subordination) local keneshes
shall be referred to the primary territorial level;
town, rayon, and rayon (in
a town) local keneshes and state
administrations shall be referred to the basic territorial level;
oblast and Bishkek city local keneshes and
state and\ministrations
shall be referred to the oblast territorial level.
Local keneshes and local state administrations
of all levels shall
be legal entities and may independently take decisions on
any issues
referred to their jurisdiction by this Law.
Powers of local soviets
and jurisdiction of local
state
administrations of various territorial levels
shall be established
subject to economic and social particularities of
the corresponding
administrative-territorial units and to the
capacity of independent
exercising such powers and jurisdiction at the respective level.
Article 10.
Superior bodies of governance and administration
may not interfere
in decision making on the issues referred to the jurisdiction
of local
keneshes.
A local kenesh may attract
representatives of the appropriate
ministries, state committees, administrative agencies, and local
state
administration bodies to participation in decision making on the issues
affecting the interests of the respective territory.
Article 11.
Relationships between oblast, Bishkek
city, rayon, town, or rayon
(in a town) local keneshes and local
state administration shall be
established on the principles of division
of functions and of
enfranchising a kenesh and a local state administration with the powers
adherent to such bodies and provided by the legislation.
Article 12.
Local state administration shall
do the following in the
respective territories:
secure realization of constitutional rights,
freedoms, and legal
interests of the citizens;
carry out projects of the social and economic
development programs
for the territory and projects of local budget,
submit them to the
appropriate kenesh for approval and organize their
fulfillment, and
makes decisions on imposition of fines and penalties
with respect to
economic entities regardless of the type of
ownership within its
jurisdiction;
implement control over observance
of regulatory acts on
environment protection and on use of land and of natural
resources as
well as of sanitary norms and rules in the field of public health
care
by enterprises, agencies, and organizations;
suspend construction of new and functioning
of existing industrial
objects given that such construction or functioning is not coordinated
with the respective local state administration;
coordinate and regulate use of
labor resources, and develop and
take action in the sphere of employment, and
social protection of
indigent social groups;
provide observance of the legislation and
of public order;
use on a contractual basis
credits aimed at industrial and/or
social purposes; provide and be provided with loans;
deposit free finance in bank accounts;
participate in the security market, issue
securities and lotteries
in order to mobilize additional financial resources, and perform
local
borrowings;
make territorial summary financial
balance sheets. Appropriate
state and public authorities,
enterprises (associations),
organizations, and agencies irrespective of the type of ownership shall
provide local state administration with information required
for such
balance sheets.
Article 13.
The major powers of local
keneshes of primary territory level
shall be as follows:
development and fulfillment of
programs and measures aimed at
social protection and provision
of economic, everyday, and
social-cultural services to the population;
organization of maintenance of all types
of communications, of
streets and roads, and of people's education
and public health care
institutions;
control over rational use of natural resources;
coordination of development and carrying
out general plans of
building and of architectural projects, and supervision over observance
of established construction standards with regard to any object
under
construction in the corresponding territory.
Article 14.
The following issues shall
be referred to the competence of a
local state administration of the basic territorial level:
development and fulfillment of
the respective territorial and
inter-territorial (town and inter-town, rayon an interrayon)
social,
economic, and cultural development programs;
financial assistance in keeping
in balance and in providing
minimum funds to local budgets of primary territorial level;
organization of social protection measures;
provision of economic/business, social and
cultural, everyday, and
legal services to the population according to agreements with
keneshes
of the primary territorial level;
arrangement of methodological and legal assistance
to territorial
public local governance bodies;
control over adequate conditions of
people's education, public
health care, and social safety net institutions;
development and fulfillment
of measures and programs
of
maintenance of all types of communications,
streets, and roads in
adequate condition.
Article 15.
The following issues shall be referred
to the competence of a
local state administration of the oblast territorial level:
organization of business and social-cultural
servicing of rayons
and towns on a contractual basis;
inter-territorial measures;
financial assistance in
keeping local budgets of the basic
territorial level in balance;
methodological assistance
in working out regional
and
national-cultural development, and demography policy programs;
maintenance of
lawfulness in
implementation of
executive-administering activities and in the
sphere of social
security.
Part III
Organization and Forms of Activities
of Local Keneshes and Local
State Administration
Article 16.
The basic organizational-legal form
of work of local keneshes
shall be local kenesh sessions.
A session shall be called in case of need,
but at least once a
year.
The first session of a newly elected kenesh
shall be called by the
Chairman of the preceding kenesh.
The first session of an oblast kenesh and
other keneshes shall be
called within the 3 and, respectively, 2 weeks following the
elections
of representatives of local keneshes.
The first session of an oblast, a rayon,
a city/town, a rayon (in
a town), a posyolok, or an ail kenesh shall, pending
the election of
the kenesh Chairman, be opened and held by the Chairman,
the Deputy
Chairman, or one of the members
of the corresponding election
commission.
The further procedures for
holding the session shall
be
established by the corresponding local kenesh. After the
Chairman and
his Deputy are elected, they shall hold the kenesh meeting(s).
The first session of a local kenesh in a newly
formed oblast shall
be called by the Presidium of the Supreme Soviet of Republic Kyrgyzstan
within the three weeks following the date of formation
of the oblast,
and in the event of elections to the kenesh of a newly formed oblast
-
within the three weeks following the election day.
The first session of a rayon, city, town (of
rayon subordination),
posyolok, or ail kenesh in a new rayon, rayon in a town,
posyolok, or
village Soviet shall be called by the Chairman of
a superior local
kenesh within the two weeks following the formation of the rayon,
the
rayon in a town, the posyolok, or the village Soviet, and in
the event
of elections to the kenesh of a new rayon, rayon in a town,
posyolok,
or ail kenesh - within the two weeks following the election day.
The same procedures shall be established for
the first sessions of
keneshes referred to the category of the towns of
oblast and rayon
subordination.
The Chairman of an oblast kenesh shall notify
the representatives
and inform the population about the place and date of a session as
well
as about the issues to be submitted to the kenesh for consideration
at
least two weeks prior the session; the Chairman of a rayon,
city/town
or rayon (in a town) kenesh shall take the same action
at least ten
days prior the session, and the
Chairman of a town (of rayon
subordination), posyolok, or ail kenesh - at least five days
prior the
session.
A session of a local kenesh shall be
considered competent given
that at least two thirds of the total number of representatives
of the
local kenesh are present.
For the session period a local
kenesh shall elect by open vote a
secretarial board out of its representatives. A city/town
(of rayon
subordination), posyolok, or ail kenesh shall elect a secretary.
The
session shall issue a resolution on election of a secretarial board
or
of a secretary.
A decision of a kenesh shall be taken by a
majority vote unless
otherwise provided by law or by the kenesh regulations.
Sessions of a local kenesh shall be called
by initiative of the
Chairman of the Kenesh, by initiative of permanent commissions,
or by
request of at least one-third representatives of the kenesh.
Issues may be submitted to local keneshes
for consideration at the
session by a Chairman of the corresponding
kenesh, by permanent
commissions, and/or by groups of representatives; the number
of issues
shall be provided by the regulations of the respective kenesh.
Public
organizations of the corresponding territory may propose
issues to be
considered at the session.
Sessions of local keneshes shall be
held openly; representatives
of working collectives, public organizations and movements, mass media,
and citizens may participate in them.
Article 17.
A local kenesh shall be competent to
consider at its sessions the
issues referred to its jurisdiction by the legislation of the
Republic
Kyrgyzstan and to make decisions on such issues. The decisions
on the
following questions may be made exclusively by the sessions:
electing and dismissing the head of a local
government;
electing the mandatory commission and its
chairman;
recognizing the powers of the representatives;
ceasing such powers
ahead of schedule in cases provided by the legislation,
hearing the
reports of the representatives on fulfillment of their responsibilities
and of the decisions and instructions given by the kenesh and
by its
bodies;
forming, electing, and changing the
composition of permanent and
other commissions of the representatives, and approving the candidates
to the position of a chairman of such a commission;
forming commissions composed of
the representatives under the
auspices of a local kenesh (administrative, supervisory, on minors,
and
other commissions provided by the legislation of Republic
Kyrgyzstan)
implementing their activities on a charge-free basis;
discussing reports of the
kenesh Chairman and of other bodies
formed by local keneshes;
considering requests of the representatives
and taking decisions
on the requests;
adopting the resolutions of the kenesh;
approving the social and economic development
plans (programs) for
the corresponding territories, and social protection programs;
approving the budget and the report on its
fulfillment;
making proposals for administrative-territorial
organization;
canceling instructions of the kenesh Chairman;
holding local referendums;
expressing vote of no confidence
to the head of local state
administration.
A local kenesh may establish its office consisting
of 3-5 experts
in order to support organizational activities of the kenesh,
to assist
the permanent commissions and the representatives,
and to prepare
required materials.
Article 18.
Decisions of a local kenesh
on the issues referred to its
jurisdiction shall be taken by a majority vote of the total number
of
elected representatives, issued as resolutions,
and signed by the
Chairman of the kenesh.
Article 19.
A Chairman of an oblast, Bishkek city, rayon,
town, or a rayon (in
a town) local kenesh shall be elected by a session of the corresponding
kenesh out of the people's representatives by secret ballot
for the
plenipotentiary term of the kenesh.
A candidate who has won majority vote of the
total number of the
representatives of the kenesh shall be considered
elected. The same
person may not be elected a Chairman for more than two terms running.
A
Chairman of a local kenesh may not occupy any other position.
The Chairman of a kenesh shall:
call kenesh sessions and hold kenesh
meetings, sign decisions of
the kenesh, and organize implementation of control over
execution of
such decisions;
coordinate the activities of permanent and
other commissions of
the kenesh, and of groups of representatives;
assist the representatives in exercising
(of) their powers, in
reception of citizens, and in reporting to the electors,
consider the
issues associated with exercising rights and responsibilities
by the
representatives, and prepare proposals on such issues to
be submitted
to the kenesh for consideration;
provide publicity and see
that public opinion is taken into
account in the activities of the kenesh and the kenesh bodies;
represent the kenesh in the relationships
with State Authorities,
public associations, and citizens;
organize interaction between the kenesh and
the territorial public
local governance bodies; suspend the statute of acts issued
by such
bodies pending the final court decision
in case that they offend
rights, freedoms, or legal interest of the citizens residing
in the
respective territory;
consider applications, claims,
and proposals of the citizens
addressed to the kenesh;
submit to the kenesh proposals
for appointing elections of
representatives to keneshes of new administrative-territorial units
and
for replacing a representative in case if s/he quits;
issue instructions on the items being within
his jurisdiction.
A Chairman of an oblast or Bishkek city kenesh
may petition to the
President of Republic Kyrgyzstan, and a Chairman of a rayon, town,
or a
rayon (in a town) kenesh may petition to the Chairman of the respective
oblast or of the Biskek city kenesh for conferring
state awards and
awarding honorable degrees of Republic Kyrgyzstan.
The Chairman of a kenesh
shall be accountable for his entire
activity to the kenesh that has elected him, and shall report
to the
kenesh on his activity at least annually.
The Chairman of a kenesh may be dismissed
of the occupied position
at the kenesh session by secret
ballot provided that at least two
thirds elected representatives of the kenesh have voted for it.
The Chairman of
a local kenesh may
apply for
anticipatory/accelerated resignation. In this case a decision
shall be
taken by a simple majority open vote of the total number of the elected
representatives of the kenesh.
A Deputy Chairman
shall be elected by a
session upon
recommendation of the kenesh Chairman out of the representatives
for
the kenesh plenipotentiary term.
A Deputy Chairman shall fulfil the
instructions of the kenesh
Chairman and substitute him
in the event of his absence or
impossibility to carry out his duties. The
Deputy Chairman shall
perform his functions on a charge-free basis.
Article 20.
A kenesh may form
permanent commissions for preliminary
consideration and preparation of the issues referred to the competence
of the kenesh, for participation in introducing its decisions into
life
and implementing control over observance of such decisions,
and for
observing the legislation by enterprises, agencies, and
organizations
located in the subordinated territory. A kenesh may
form temporary
commissions and other bodies.
A local kenesh shall determine
the list of commissions, the
quantity of their members, and the election procedure. In case
of need
a kenesh may form new permanent commissions, dismiss
and reorganize
previously established commissions, and introduce amendments
to their
composition during its plenipotentiary term.
The members of permanent
commissions shall be the people's
representative of the corresponding keneshes. Neither a Chairman of
the
corresponding kenesh nor his Deputy may
be elected a member of the
local kenesh permanent commission.
A permanent commission shall elect a Chairman,
his Deputies, and
Secretaries. A commission may establish sub-commissions in
accordance
with the main directions of its activities.
A representative may not participate in more
than one permanent
commission of the kenesh.
The appropriate kenesh may change the composition
of its permanent
commissions upon proposals of the kenesh Chairman and/or the
permanent
commission.
A kenesh may anticipatory
cease the powers of a member of a
commission by his request or under the circumstances
that make it
impossible for such a member to proceed performance of his duties.
Rights, responsibilities, and the procedures
for organization and
activities of permanent commissions of local keneshes shall be
defined
by this Law and by other legislative acts of Republic Kyrgyzstan.
Permanent commissions of local
keneshes may attract scientists,
experts, practicing specialists, and other persons to participate
in
their activities.
Permanent commissions of a local kenesh may
make decisions.
Article 21.
Permanent commissions of
a local kenesh of
people's
representatives shall:
participate in preparation of
issues connected with economic,
social, and national-cultural development
of the corresponding
territory submitted to the kenesh for consideration;
submit to the kenesh
proposals for development of
the
social-cultural and industrial infrastructure within the territory
of
the kenesh and for development of
the economic basis of local
governance;
preliminary consider economic
development draft plans of the
corresponding territory and budget, reports on fulfillment of the plans
and the budget, and present them to the kenesh in case of need;
exercise other powers provided to
them by the legislation of
Republic Kyrgyzstan and by the Regulations
of the respective local
kenesh.
Article 22.
Permanent commissions of a local kenesh
may hear (reports of)
officials in authority and experts of the local state administration,
and of enterprises, agencies, and organizations located
within the
respective territory.
Article 23.
Meetings of permanent commissions
of a local kenesh shall be
called in accordance with the plan of their activities.
People's representatives of a
kenesh may participate in the
meetings of permanent commissions with the right of deliberative
vote
without being members of the foregoing commissions.
Issues referred to the jurisdiction of
more than one permanent
commission may, by initiative of the commissions
as well as upon the
instruction of a local kenesh, be mutually prepared and considered
by
the commissions.
All members of permanent commissions shall
exercise equal rights.
Article 24.
A Chairman of an ail, posyolok,
or town (of rayon subordination)
kenesh shall be elected by a session of the corresponding kenesh out
of
the people's representatives by secret ballot for the plenipotentiary
term of the kenesh upon recommendation of the
head of a local state
administration. A candidate who has won more than half
votes of the
total number of the representatives of the kenesh shall
be considered
elected.
In case if the majority
of the total number of representatives
deny the recommended candidate, the head
of the local state
administration shall recommend another candidate for consideration
of
the session. The candidate shall be the representative
of the same
kenesh.
The same person may not be elected a Chairman
for more than two
terms running. The Chairman of a
kenesh may not occupy any other
position.
The Chairman of an ail, posyolok, or town
(of rayon subordination)
kenesh shall be accountable to the kenesh that has elected
him. S/he
shall also be accountable to the head of the local state administration
with respect to the executive and administering activities.
The Chairman of an ail, posyolok, or town
(of rayon subordination)
local kenesh shall:
call kenesh sessions and hold kenesh
meetings, sign decisions of
the kenesh, and organize control over execution of such decisions;
coordinate the activities of
permanent and other commissions of
the kenesh, and of representatives' teams;
assist the representatives in
realization of their powers, in
reception of citizens, and in reporting to the electors,
provide them
with information, consider the issues associated with exercising rights
and responsibilities by the representatives, and prepare proposals
on
such issues to be submitted to the kenesh for consideration;
provide publicity and see that
public opinion is taken into
account in the activities of the kenesh and the kenesh bodies;
represent the kenesh in the relationships
with state authorities,
public associations, and citizens;
organize interaction between the kenesh and
the territorial public
local governance bodies; suspend pending the final court
decision the
statute of acts issued by such bodies in case that they offend
rights,
freedoms, or legal interests of the citizens residing in the respective
territory;
consider applications, claims,
and proposals of the citizens
addressed to the kenesh;
submit to the kenesh proposals
for conferring state awards and
awarding honorable degrees of Republic Kyrgyzstan;
issue instructions on the items being within
his jurisdiction;
report to the kenesh on his activity at least
annually.
The Chairman of an ail, posyolok, or town
(of rayon subordination)
local kenesh shall perform executive-administering functions
in the
corresponding territory, have the powers
inherent to local state
administration, and:
implement control over observance of the passport
system rules and
perform mandatory registration of citizens subject to their places
of
residence in compliance with the established procedures;
perform registration of the acts of civil
status pursuant to the
legislation of Republic Kyrgyzstan;
appoint guardians and tutors,
and implement control over
fulfillment of their duties;
carry out notary actions in compliance with
the legislative acts
of Republic Kyrgyzstan;
issue identifications, certificates
of marital and property
status, and other documents provided by current legislation;
carry out other activities
provided by legislative acts of
Republic Kyrgyzstan.
The Chairman of an ail, posyolok, or town
(of rayon subordination)
kenesh may be dismissed of the occupied position by initiative
of the
kenesh or by the proposal of the head of the local state administration
at the kenesh session by secret
ballot provided that at least two
thirds elected representatives of the kenesh have voted for it.
The Chairman of a
local kenesh may apply for accelerated
resignation. In this case a decision shall
be taken by a simple
majority open vote of the total number of the elected representatives
of the kenesh.
A Deputy Chairman
shall be elected by a
session upon
recommendation of the kenesh Chairman out of the representatives
for
the kenesh plenipotentiary term.
The Deputy Chairman shall fulfil the instructions
of the kenesh
Chairman and substitute him
in the event of his absence or
impossibility to carry out his duties. The
Deputy Chairman shall
perform his functions on a chargefree basis.
Article 25.
The head of the local
state administration may independently
govern the activities of a local state administration.
The head of an oblast and of Bishkek state
administration shall be
appointed by the President of Republic Kyrgyzstan upon
recommendation
of the Prime Minister and by consent of the corresponding local kenesh.
The head of rayon, town, rayon
(in a town) state administration
shall be appointed by the Prime Minister by consent of
the respective
local keneshes upon recommendation of the heads of
the oblast and
Bishkek city state administrations and approved
by the President of
Republic Kyrgyzstan.
The head of an oblast
and of Bishkek city state administration
shall be accountable to the President of the Kyrgyz Republic and to
the
Prime Minister of the Kyrgyz Republic. The head of a rayon,
town, and
rayon (in a town) state administration shall be accountable
to the
Prime Minister of the Kyrgyz Republic
and to the head of the
corresponding oblast or Bishkek city state administration.
In the event of unduly performance
of his official duties or of
committing a dishonorable deed the head of a local state administration
may be dismissed of his position respectively by the President
of the
Kyrgyz Republic or by the Prime Minister of the Kyrgyz Republic.
An oblast, Bishkek city, town, rayon, or a
rayon (in a town) local
kenesh may, by two thirds majority vote of the total
number of the
representatives, express vote of no confidence
to the head of the
corresponding local state administration and rise
the question of
dismissing him of his position. The President or the Prime Minister
of
the Kyrgyz Republic shall take the decision on the
specified issue
within one month and inform the corresponding local
kenesh about his
decision.
The head of a local state administration shall:
perform executive-administering functions
on the basis and in
observance of the laws of Republic Kyrgyzstan,
of the Presidential
acts, and of the Resolutions and Orders of the Government of
Republic
Kyrgyzstan;
maintain rights, freedoms, and legal interests
of the citizens;
issue within his competence resolutions
and instructions binding
upon any enterprise, organization, or agency irrespective
of the type
of ownership located in the corresponding territory, and upon officials
and citizens;
carry out general management
of the local state administration
bodies and subdivisions financed by the local budget, and exercise
the
powers of management being the communal property;
provide working out and submit to the local
kenesh for approval
social and cultural development draft projects of the territory
and of
the local budget and arrange their execution;
form off-budget and currency
funds, define the direction of
utilization of such funds;
open and close bank accounts
of the local state administration,
administer its funds, and sign financial documents;
at least annually reports
to the local kenesh on the state of
affairs in the corresponding territory;
represent the oblast, Bishkek city,
rayon, town, or rayon in a
town in the relationships with superior state
authorities and in
international relations;
makes decisions on withdrawal
and allocation of land plots
pursuant to the legislation of Republic Kyrgyzstan;
appoint and dismiss
deputy heads of the local
state
administration;
organize and control within his
competence observance of his
regulatory acts by any state authorities, organizations,
and agencies
located in the respective territory;
cancel the acts issued by
the officials in authority of local
state administration bodies and subdivisions;
consider applications, claims,
and proposals of the citizens
concerning the activities of the local state administration;
impose within his
jurisdiction the administrative penalties
provided by the legislation of Republic Kyrgyzstan;
apply, in accordance with the legislation
of Republic Kyrgyzstan,
measures for encouragement, and discipline heads and officials
of the
local state administration bodies and subdivisions;
exercise other powers provided by
the legislation of Republic
Kyrgyzstan and entrusted upon him by
the President of Republic
Kyrgyzstan.
The head of a local
state administration shall coordinate the
activities of territorial services, bodies of state
governance (tax
inspection, financial inspection, customs,
the committees on home
affairs, national security, defense, justice,
protection of nature,
statistics, state archives, forestry, prices
and antitrust policy,
construction control, and state sanitary
control), and give his
agreement to appointment of first officials in authority of the
listed
inspections and committees. Oblast, Bishkek city,
town, and rayon
public prosecutors shall be appointed subject
to the opinion of the
head of the corresponding local state administration.
The head of a local state
administration upon coordination with
the republican bodies of state governance
shall form territorial
services of state veterinary control as well as other services being
in
their mutual jurisdiction, and appoint first officials in authority
of
such services by consent of superior bodies of state administration.
The head of a local state administration
shall form the local
state administration services and structural subdivisions being
within
his direct jurisdiction and appoint their first officials in authority.
The acts issued by the head of a local state
administration may be
canceled by the President of Republic Kyrgyzstan, and by the Government
of Republic Kyrgyzstan.
The head of an oblast, and of Bishkek
city state administration
may cancel the acts issued by the
head of the respective basic
territorial level.
The head of a local
state administration may cancel the acts
issued by the Chairman of a kenesh of the primary
territorial level
regarding executiveadministering activities.
The structure of the oblast
and of the Bishkek city state
administration shall be ratified by
the Government of Republic
Kyrgyzstan upon recommendation of the head of the
respective state
administration within the limits of budget assignments provided for
the
maintenance of the foregoing administration.
The structure of a rayon,
town, and rayon (in a town) state
administration shall be approved by the
superior local state
administration upon recommendation of the head of the rayon,
town, or
rayon (in the town) state administration within the limits
of budget
assignments provided for maintenance of such administration.
The head of a local state
administration shall independently
define the list of its stuff.
A consultative body - the Board - may be formed
under the auspices
of the head of a local state administration for consideration
of the
most important issues of executive-administering
activities. The
composition of he Board shall be approved
by the head of the local
state administration.
The head of a local state administration
or his deputies may not
simultaneously be either a
Representative of the People's
Representatives Assembly of Jogorku Kenesh or a representative
of the
corresponding local Kenesh.
The head of a local state administration
or his deputies as well
as first officials in authority of the local
state administration
bodies and structural subdivisions may not:
occupy paid positions in other bodies of state
governance, public
associations, enterprises, organizations, or agencies;
implement entrepreneurship activities;
be a member of management boards and of other
managerial bodies of
enterprises, organizations, or agencies the financed from
the local
budget;
derive any income as well as extraordinary
or regular pays from
enterprises, organizations, or agencies connected with the local budget
by receiving funds form the budget, or by tax
or other financial
privileges.
Violation of the foregoing requirements by
the specified officials
shall be disciplined including dismissal given that
their actions do
not include administrative violations.
Article 26.
The first deputy of the head of a local state
administration shall
substitute the latter in case if s/he is absent or cannot carry out
his
duties.
The deputies of the head
of a local state administration shall
perform their functions in compliance
with distribution of the
responsibilities, and fulfill the instructions given by the head of
the
local state administration.
Part IV
Territorial Public Local
Governance Bodies
Article 27.
Territorial public local governance
bodies shall be voluntary
associations of citizens residing in the certain territory established
for decision making on the issues of local significance.
The territorial public local governance bodies
shall be: (soviets
and committees, of microrayons, houses, streets, quarters,
posyoloks,
and ails, or other bodies formed by inhabitants of the respective
area
depending on local conditions and traditions).
The boundaries of the territory where
territorial public local
governance bodies may implement their activities
shall be defined by
the appropriate local kenesh subject
to the proposals of the
inhabitants.
Article 28.
Territorial public local governance
bodies shall be registered by
the local kenesh in compliance with the procedures established
by the
legislation and may be enfranchised with the rights of a legal entity.
Territorial public local governance bodies
shall be accountable
for their activities to the meetings of citizens who have elected
such
bodies and to the local kenesh that has registered them.
Territorial public local governance bodies
shall function in close
coordination with public associations (social-political
and other
public organizations and mass movements, and with
the bodies of such
organizations and movements), and may enter in
contractually based
relationships by their mutual consent.
Article 29.
Local keneshes may register
territorial public local governance
bodies.
Local keneshes and local
state administration shall develop
adequate conditions for formation of property by the territorial public
local governance bodies, and for implementation of
their independent
economic, and financial and business activities.
Local keneshes and local state administration
may entrust upon the
territorial public local governance bodies their functions
associated
with social and economic development of the territory,
and transfer
non-budget enterprises, housing fund, and non-living buildings
as well
as part of their financial, material
and other resources to their
possession.
Article 30.
Local keneshes and local
state administration as well
as
enterprises, agencies and organizations shall assist in realization
of
decisions and proposals of territorial public local governance
bodies,
consider their proposals and petitions,
and present well-grounded
responses to such proposals and petitions.
Article 31.
Territorial public local governance bodies
shall:
represent the interests of
the citizens of the territory to the
state authorities;
participate in the work
of the local keneshes in the course of
discussion of the issues regarding the respective territory;
participate in allowing
the social sphere facilities
to
exploitation, in repairing, and in works on improvement and sanitation
of the territory;
assist in fulfillment of decisions of
local keneshes and local
state administration;
organize execution of the decisions of meetings
(conferences) of
the citizens;
prepare recommendations and petition
to the appropriate local
keneshes and local state administration
as well as to the state
authorities, enterprises, organizations, and agencies in respect to
the
issues referred to the jurisdiction of the
territorial public local
governance bodies;
implement public control over observance of
rules of building, use
and maintenance of living houses and adjusting territories,
and fire
safety as well as over observance of sanitary norms; over rational
use
of land, water, and other natural resources; take action on protection
of the objects of historical and cultural value;
make proposals for
removal of defects;
have other rights provided
by the legislation of the Kyrgyz
Republic.
Article 32.
A territorial public local governance body
being a legal entity
may:
open bank accounts, including foreign currency
accounts;
independently perform business
activities aimed at social and
economic development of the territory and establish
self-financing
subdivisions for these purposes;
establish small enterprises, cooperatives,
clubs, associations of
amateurs, resting centres, and other enterprises and organizations;
cooperate on a contractual
basis with the appropriate local
keneshes and local state administration,
and with enterprises,
cooperatives, and other business organizations;
be a customer regarding the works on improvement
of the territory,
construction and repairing of the housing fund and of buildings of
the
social and everyday services sphere using the local
budget funds and
own financial resources provided for these purposes;
let on lease buildings, facilities,
and non-living premises being
their property;
establish the structure, determine the
stuff and pay wages out of
their funds based on the decision taken by a general meeting
(a skhod
(gathering) or a conference) of the
citizens of the respective
territory;
accumulate on a voluntary
basis finances of the population,
enterprises, agencies, and organizations for development of the
social
infrastructure of the territory, and establishe the
local initiative
fund.
Part V
Economic Basis of Local
Governance System
Article 33.
Economic basis of local governance shall be
constituted by natural
resources (land, subsoil, water, forests, flora, and fauna) and
by all
the enterprises and organizations irrespective of the type of ownership
located in the corresponding territory.
Article 34. Excepted
Article 35.
Local state administration may
give within its competence to
enterprises (associations), organizations, and agencies included in
the
composition of local economy, the preferential rights to use local
land
and other natural resources, and material and technical
provision of
the local funds.
Local state administration may establish at
the expense of its
finance enterprises, organizations,
and social and cultural
institutions.
Relationships between the local governance
bodies and local state
administration and enterprises, organizations, and
agencies of the
industrial and social infrastructure that
satisfy the needs of the
population of more than one administrative-territorial
unit without
being referred to the local economy shall be regulated by agreements.
Article 36.
Communal property shall be a part
of state property and shall be
the basis of local economy. Local
keneshes and local state
administration shall administer the communal property pursuant
to the
distribution of their jurisdiction and powers
established by the
legislation.
Communal property shall be formed by:
transfer to its composition of the property
of Republic Kyrgyzstan
or of any other person made on a gratuitous basis;
creation or acquirement of property
at the expense of the finance
belonging to a local kenesh or local state administration.
Denationalization and privatization of the
communal property shall
be performed by the State Property Fund and by territorial agencies
of
the SPF in cooperation with local state administrations
in compliance
with current legislation of Republic Kyrgyzstan.
Article 37.
Business relationships of local governance
bodies and local state
administration with enterprises (associations),
organizations, and
agencies not being the communal property
shall be based of tax and
contractual basis.
Local state administration may:
subject to industrial capacities and
economic interests of the
enterprises located in the certain territory
order them production
(works, services) satisfying the needs of
the population of the
administrative-territorial unit;
impose within its competence the penalties
provided by laws and
regulatory acts of Republic Kyrgyzstan for violation of the legislation
in force.
Article 38.
Local state administration shall
work out and submit to the
corresponding local kenesh for approval
draft programs of social
development of the territory subject to the interests of the population
and environment protection as well as to the material
and financial,
and labor resources, maximum use of local capacities
and industrial
reserves, nature protection, and observance of social guarantees of
the
citizens.
Social and economic
development draft programs for
the
enterprises, organizations, and agencies
not included in the
composition of the local economy shall
be liable to obligatory
coordination with the respective local state administration
regarding
land use, use of water
and other natural resources, capital
construction, production of consumption, provision of paid
services,
use of labor resources, nature protection, and other aspects
of social
development. The results of coordination shall be formalized
in the
form of agreements between the local
state administration and the
corresponding economic entities.
Article 39.
Material and technical provision of the
local governance bodies
and local economy entities shall be independently performed by
them in
the market relations environment.
Exchange of production among
the territories shall be made on a
contractual basis in the environment of open territorial markets.
Article 40.
Local state administration shall
establish foreign economic
relationships and participate in
them in accordance with the
legislation of Republic Kyrgyzstan, plan the development of the
export
and growth of the regional production, and
assist in development of
foreign economic relationships of enterprises and organizations located
in the subordinated territories.
Local state administration and the bodies
established by the local
state administration may:
enter into sale agreements with foreign partners
at the expense of
the foreign currency in their possession or on some other basis;
establish joint ventures producing
consumer goods, providing
services to the population, or carrying out housing construction;
scientific, cultural, tourist, and physical
culture and recreation
centers, and other organizations
designated for economic and
scientific-technical cooperation;
make decisions on the issues associated
with organization of the
free economic zone;
organize trade in the regions near the borders.
Part VI
Financial Basis of
Local Governance
Article 41.
Financial resources of
local governance and local state
administration shall consist of the budget funds of local keneshes
and
local state administration as well as
of the funds of territorial
public local governance.
Local state administration shall
annually form the local budget
project, submit it for approval to the corresponding kenesh, and fulfil
the budget. Any other bodies shall not be permitted to
interfere with
the process of development, approval, and fulfillment
of the local
budget except the cases connected with non-observance of
the norms of
allocations of the common state taxes and revenues confirmed
by the
keneshes of he superior territorial level,
or of the amounts of
subventions.
Minimum local budgets shall
be determined based on the budget
standards per one inhabitant established in Republic Kyrgyzstan.
Article 42.
Revenues and expenses of
local keneshes shall be formed in
compliance with the Law of the Kyrgyz Republic
On the Principles of
Budget Law in Republic Kyrgyzstan.
Articles 43-50. Excepted
Article 51.
Local state administration may form foreing
currency funds at the
expenseof the allocations of the income derived in foreign currency
by
enterprises (associations) and organizations regardless of the type
of
ownership.
Article 52
Financial basis of the activities
of territorial public local
governance bodies shall be comprised of voluntary
contributions and
donations made by enterprises (associations), organizations,
agencies,
or the population, and proceeds from the established enterprises and
of
the carried out measures.
Local keneshes may, upon
recommendation of the local state
administration, transfer a portion of their financial resources
to the
territorial public local governance bodies.
Territorial public local governance
bodies may independently use
the financial resources at their disposal according to
the aims of
their activities, including maintenance of the bodies being established
by them.
Article 53. Excepted
Part VII
Guarantees of the Local Governance and
Local State Administration Rights
Article 54.
Formation or reformation of he objects
of economic and social
designation, and use of natural resources in a subordinated
territory
shall be performed by consent of the local state administration.
Enterprises (associations),
organizations, and agencies
irrespective of subordination and the type of ownership may not
amend
the plans of their activities regarding
the issues stipulated by
agreements with the local state administration, and
shall mandatory
coordinate with the respective local state administration the
measures
that may cause ecological, demographic, or other consequences affecting
the interests of the population.
Article 55.
Local governance bodies shall implement their
activities on behalf
of the population of the corresponding territory and on the
basis of
the legislation of Republic Kyrgyzstan.
Decisions of referendums, meetings,
skhods of the citizens, local
keneshes, and territorial public governance bodies shall be consistent
with the legislation of Republic Kyrgyzstan.
Decisions of a local referendum
on the issues referred by the
legislation to the jurisdiction of local governance shall
be binding
upon the corresponding local keneshes,
local state administration,
territorial public local governance bodies, and any organizations
and
citizens in the respective territory.
Decisions of local keneshes taken within their
competence shall be
binding upon any enterprise, organization or agency regardless
of the
type of ownership located in the corresponding territory,
and upon
officials, public associations, and citizens.
Local keneshes may not consider
the issues referred to the
jurisdiction of local state administration
by this Law or by other
legislation of Republic Kyrgyzstan.
Local state administration may not consider
the issues referred to
the jurisdiction of local keneshes by this Law or by other legislation
of Republic Kyrgyzstan.
Officials and citizens shall be made liable
in accordance with the
procedures established by the legislation for
non-observance of the
decisions of local keneshes and/or of the acts issued by
local state
administration.
Article 56.
Local keneshes and local state administration
may:
file to the court claims on annulment of the
acts issued by the
bodies of state or local governance,
enterprises, organizations,
agencies, or public associations offending rights and legal
interests
of the citizens residing in the certain territory, or the rights of
the
local kenesh or the local state administration;
take action provided by
the legislation and aimed at physical
safety of the citizens, at protection of
their rights and legal
interests, and of all types of property, and at maintenance of
law and
order in case of natural calamity, ecological catastrophes, epidemics,
epizootic, fires, or violations of public order.
The head of an oblast or Bishkek city
state administration may
petition the President of Republic Kyrgyzstan and/or the Government
of
Republic Kyrgyzstan, and the head of a rayon, town, and
a rayon (in a
town) state administration - the head of the
oblast or Bishkek city
state administration for annulment or suspension of the acts issued
by
the superior bodies of state governance.
Article 57.
Enterprises (associations), organizations,
agencies, and citizens
shall be liable to local governance
bodies and local state
administration including liability with their
property and shall
reimburse in full the damages caused by their decisions,
action, or
inaction to the interests of he
population, local economy, or
environment as well as the damages resulted from nonobservance
of the
decisions of local governance bodies or local state administration.
Rights of local governance bodies and local
state administration
established by law may not be infringed or limited except the
cases of
public necessity provided by the legislation of Republic Kyrgyzstan.
Rights and legal interests
of local governance bodies and local
state administration shall be defended in
court or in court of
arbitration in compliance with the legislation of Republic Kyrgyzstan.
Article 58.
Local governance bodies and
local state administration shall be
liable for lawfulness of their decisions.
Disputes on restoration
of offended rights of enterprises,
organizations, or agencies regardless of the type of ownership, arising
as a result of action or inaction of local governance
or local state
administration bodies, shall be settled in court.
Local governance bodies shall compensate
the harm caused by their
unlawful decisions, action, or inaction at their own expense.
Article 59.
The supreme bodies of state governance and
state administration of
Republic Kyrgyzstan shall consider and take into account
proposals of
the local governance bodies and of the local state administrations,
and
to notify them of the results of consideration in compliance
with the
procedures established by the legislation.
President of the Republic Kyrgyzstan
A.Akaev
