EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE
COMMISSION)
CONSTITUTION
OF THE KYRGYZ REPUBLIC
with
draft amendments
Adopted on the twelfth session of the Supreme
Council
of the Kyrgyz Republic of the twelfth
convocation on May 5, 1993,
changed and amended by the Law of the Kyrgyz
Republic on Changes and Amendments to the Constitution of the Kyrgyz Republic of
February 17, 1996 passed by the Referendum of February 10, 1996,
and
changed and amended by the Law of the Kyrgyz
Republic on Changes and Amendments to the Constitution of the Kyrgyz Republic of
October 21, 1998 passed by the Referendum of October 17, 1998
with incorporated draft amendments
based on the recommendations by the
Constitutional Assembly
as proposed to the nationwide discussion
by the Presidential Decree of October 17,
2002
(in bold)
CONSTITUTION
OF
THE KYRGYZ REPUBLIC
We,
the People of Kyrgyzstan,
striving
to secure the national revival of the Kyrgyz, 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 national statehood;
full
of resolution to develop the 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.
1. The Kyrgyz Republic (Kyrgyzstan) shall be a
sovereign, unitary, democratic Republic, and it is shall be founded as a legal
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, on the basis of this Constitution and the laws of the Kyrgyz
Republic, directly and through a system of state bodies and bodies of local
self-administration.
Only the Jogorku Kenesh and the President of
the Kyrgyz Republic, elected by the people of Kyrgyzstan, shall be entitled to
act on behalf of the people of the Kyrgyz Republic.
5. Changes 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). Grounds for and procedural
rules of holding referendums shall be ascertained by constitutional law.
6. The citizens of the Kyrgyz Republic shall
elect a President, deputies of the Legislative Assembly and the Assembly of
People's Representatives of the Jogorku Kenesh, and their representatives to
bodies of local self-administration.
Elections shall be free and shall be held by
universal, secret, direct, and equal suffrage. Citizens who have attained to the
age of 18 years may cast their votes.
1. The state and its bodies shall serve the
whole society, and not any particular group.
2. No group of people, no organization, or any
individual shall be entitled to assume the state power. Usurpation of state
power shall be the gravest crime.
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-administration, the territory of the Kyrgyz Republic shall be divided
by law into administrative territorial units.
1. State, communal, private, and other types of
property shall be recognized and protected in the Kyrgyz
Republic.
The Kyrgyz Republic shall guarantee the
diversity of types of ownership and equal legal protection thereof.
2. Land, minerals, air space, water, forests,
flora and fauna, and all other natural resources shall be used in the Kyrgyz
Republic as a basis for life and functioning of the people of Kyrgyzstan and
shall be under special protection of the state.
3. Land may be owned publicly, communally,
privately, and otherwise.
Limits to and procedures of execution of their
rights by landowners, and guarantees of their protection shall be ascertained by
law.
4. The Kyrgyz Republic shall protect its
citizens' and legal entities' title to property, and it shall protect their
property and the state-owned property located in other states.
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 that 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.
The Kyrgyz Republic shall have state symbols -
the Flag, Emblem, and Anthem. The capital of the Kyrgyz Republic shall be the
City of Bishkek.
The Som shall be a currency unit of the Kyrgyz
Republic.
1. The 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 of the state power
and the local self-administration.
2. Within the bounds of authority ascertained
by this Constitution, in the Kyrgyz Republic the state power shall be
represented and exercised by:
- President of the Kyrgyz Republic;
- Jogorku Kenesh of the Kyrgyz Republic,
comprised of two chambers: the Legislative Assembly of the Jogorku Kenesh and
the Assembly of People's Representatives of the Jogorku Kenesh;
- Government of the Kyrgyz Republic and local
state administrations; and
- Constitutional Court, Supreme Court, the
Supreme Arbitration Court and the courts and local courts and judges, all of
which constitute the system of justice.
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 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, for state offices, and for offices of local
self-administration;
- 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 and
decisions;
- formation and functioning of party
organizations in state establishments and organizations. Civil 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 servicemen, officers of the interior, national security,
justice, procurator's office, and of courts;
- formation of political parties on religious
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 political parties of foreign
states.
1. The Kyrgyz Republic shall not pursue the
policy of expansion, aggression, and territorial claims, 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 aggression against Kyrgyzstan and other states,
bound by obligations of the collective defense. In any event, a military unit
may cross the borders of the Kyrgyz Republic only with the permission of the
Legislative Assembly Jogorku
Kenesh provided that a two-thirds majority of the total number of the
deputies of the Jogorku Kenesh concurs.
3. The Armed Forces shall not be used in order
to resolve internal political matters of the state. Servicemen may be called
upon in case of natural disasters and 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 way, [and it shall] observe the universally
recognized principles of international law.
Actions that may disturb the peaceful
co-existence of peoples, propaganda and encouragement of ethnic clashes shall be
deemed unconstitutional.
1. A state of emergency may be proclaimed in
Kyrgyzstan only in the events of natural calamities, direct threat to the
constitutional system, mass riots involving violence and threat to lives of
people, and under such circumstances and within such time-limits as the
constitutional law may prescribe.
2. Only the Legislative Assembly Jogorku Kenesh 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 Legislative Assembly Jogorku Kenesh, which shall, within
three days, approve [or disapprove] the President's act.
If no such approval shall have been made within
the said term, the state of emergency shall be rescinded.
3. The Legislative Assembly Jogorku Kenesh may impose martial law
in the Kyrgyz Republic only in the event of aggression against the Kyrgyz
Republic.
4. No adjournment of a session of the
Legislative Assembly Jogorku
Kenesh shall be permitted during a state of emergency and martial law. In
those cases where the Legislative Assembly Jogorku Kenesh shall be not in session
when the President shall have proclaimed a state of emergency, the
Legislative Assembly Jogorku
Kenesh shall convene, without an announcement of the convocation, by no
later than the next day after the proclamation of the state of emergency.
5. No referendums, no elections to state
bodies, or any changes in the structure, functions, and authorities of state
bodies ordained by the Constitution shall be permitted during a state of
emergency or martial law.
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, proposed by the
Government, shall be approved by the Assembly of People's Representatives
Jogorku Kenesh.
2. Revenues of the national budget shall be
generated out of proceeds of taxes [and] other mandatory charges, provided for
by law, out of state property income, and out of other receipts.
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. The Government may change rates of
particular taxes, and of other mandatory charges in compliance with the
procedural rules provided by law. Laws that impose new taxes or that
aggravate taxpayers' status shall have no retroactive effect.
3. The Jogorku Kenesh has the right to
establish non-budgetary targeted funds. Sources for contributions into
non-budgetary funds may be attracted.
3. Reports on the implementation of the
national budget and extra-budgetary funds shall be approved by the
Jogorku Kenesh.
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 other norms of
international law that have been ratified by the Kyrgyz Republic shall have a
direct effect and shall be a constituent part of the legislation of the Kyrgyz
Republic.
1. Belonging of an individual 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 country, respect rights,
freedoms, honor, and dignity of other persons.
2. Individuals, 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. The Kyrgyz Republic shall guarantee its
citizens protection and patronage outside its borders.
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, international treaties and agreements.
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-administration;
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.
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, international treaties and
agreements concerning human rights, which shall have been ratified by the Kyrgyz
Republic.
2. Every person in the Kyrgyz Republic shall
enjoy the right:
·
to
life, physical and moral inviolability;
·
to
personal liberty and security;
·
to
freedom of personal development;
·
to
freedom of religion, faith, and worship;
·
to
free expression and dissemination of one's thoughts, ideas, and opinions, to
freedom of literary, artistic, scientific, and technical creative activities, to
freedom of the press, transmission and dissemination of information;
·
to
freedom of movement, and freedom of choice of one's place of residence and
domicile throughout the territory of Kyrgyzstan, and the right to unrestricted
travel abroad and to unimpeded return;
·
to
[freedom of] association;
·
to
freedom of peaceful assembly, without weapons, to freely hold meetings and
demonstrations;
·
to
inviolability of residence;
·
to
freedom and secrecy of correspondence;
·
to
honor, to freedom of private life, personal and family privacy;
·
to
secrecy of postal, telephone, and telegraph communication;
·
to
have property, to possess, use, and dispose of it at one's own discretion;
·
to
economic freedom, and to free use of one's abilities and property for any
economic activity;
·
to
freedom of labor, and to free choice of occupation and profession.
The enumeration in the Constitution, of certain
rights and freedoms, shall not be construed to deny or disparage other
universally recognized human rights and freedoms.
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 and laws of the Kyrgyz Republic only for the
purposes of securing rights and freedoms of other persons, public safety, and
protecting the constitutional order. In such cases, the essence of
constitutional rights and freedoms shall not be affected.
1. Physical and moral inviolability of an
individual 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 subjected to arrest or
detention except on the basis of law. No person shall be arrested, detained, or
held in custody unless when on court decision. 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. Capital punishment may be imposed only in
exceptional cases under the sentence of death by court.
Any person sentenced to death shall have the
right to seek pardon.
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. Property is inviolable. No person can be
deprived of his/her property arbitrarily; Confiscation against the will of the
owner is allowed by decision of a court.
2. Property shall be inviolable. No person may
be deprived of his property arbitrarily. Seizure of property against the owner's
will may occur only at such times and in such manner as law may prescribe.
3. The right of inheritance shall be guaranteed
and protected in the Kyrgyz Republic by law.
The Kyrgyz Republic may grant political asylum
to foreign citizens and stateless persons on account of violation of human
rights.
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.
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 and laws in order to ensure social security of citizens.
Citizens of the Kyrgyz Republic shall
participate, both directly and through their representatives, in the governance
of the state, in the discussion and adoption of laws and decisions of national
and local significance, [and they] shall have equal access to civil service.
Citizens of the Kyrgyz Republic shall have the
right and bear the duty to defend the Motherland. Citizens shall be bound to
military service within such limits and in such forms as shall be ascertained by
law.
Citizens of the Kyrgyz Republic shall pay taxes
and charges as prescribed by law.
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.
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.
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.
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.
Citizens of the Kyrgyz Republic shall have the
right to strike.
Procedural rules and terms of holding strikes
shall be ascertained by law.
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.
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 educational
institutions.
Every citizen shall have the right to receive
free education in public 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 law.
5. The state shall exercise control over
educational institutions.
Citizens of the Kyrgyz Republic shall have the
right to housing. The state shall promote the right to housing by way of
providing and selling accommodations from the public housing stock, [and by]
encouraging individual housing construction.
1. Citizens of the Kyrgyz Republic shall have
the right to health protection and to benefit freely from the network of public
health institutions.
2. Paid medical service shall be permitted on
the basis and in accordance with the rules established by law.
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.
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.
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.
1. The state, all its bodies, and officials
shall be obliged to provide for the full, absolute, and immediate protection of
rights and freedoms of citizens, for prevention of violations in this field, and
for subsequent restitution.
2. The Kyrgyz Republic shall guarantee judicial
protection of citizens' rights and freedoms accorded by the Constitution and
laws.
3. Courts of arbitration may be constituted for
the purposes of extrajudiciary resolution of disputes arising from civil
relationships. Powers, foundation, and procedures of courts of arbitration shall
be ascertained by law.
1. Everyone charged with a criminal offence
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.
Every citizen in the Kyrgyz Republic shall be
provided with qualified legal assistance and with the protection of the rights
and freedoms guaranteed by the Constitution.
Promulgation of laws and other legal acts
concerning rights, freedoms, and duties of an individual or citizen shall be
recognized as a sine qua non for enforcement thereof.
1. The President of the Kyrgyz Republic shall
be the head of the state [and] the highest official 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 an
individual 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.
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, [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.
1. A new presidential election shall be held in
the Kyrgyz Republic two months prior to the expiration 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 by a majority of votes cast by
universal, secret, equal, and direct suffrage.
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. A presidential election shall be considered
valid if more than fifty per cent of all 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.
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 shall take his oath before the Legislative
Assembly and the Assembly of People's Representatives Jogorku Kenesh.
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 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 shall begin.
1. The President of the Kyrgyz Republic shall:
1) determine a structure of the Government of
the Kyrgyz Republic and introduce it to
the Jogorku Kenesh for consideration;
2) appoint, with the consent of the Assembly
of People's Representatives Jogorku
Kenesh, the Prime Minister of the Kyrgyz Republic:
C) appoints in consultation with the Prime
Minister of the Kyrgyz Republic, the members of the Pravitel'stvo of the Kyrgyz
Republic and also the heads of administrative departments, and relieves them of
their offices;
D) accepts requests by the Prime Minister, the
Pravitel'stvo, or an individual member of the Pravitel'stvo to resign; adopts
decisions on his own initiative regarding dismissal of the Prime Minister or
Pravitel'stvo;
E) appoints with the consent of the appropriate
local keneshes the heads of state administration of oblasts, rayons and cities;
and relieves them of their offices;
3) appoint, by the advice of the Prime
Minister of the Kyrgyz Republic and with the consent of the Jogorku Kenesh,
members of the Government of the Kyrgyz Republic; appoint, by the advice of the
Prime Minister of the Kyrgyz Republic, heads of administrative agencies;
4)
accept resignations of the Prime Minister, the Government, or an individual
member of the Government; dismiss, on his own initiative, but with the consent
of the Jogorku Kenesh, the Prime Minister, the Government; dismiss, on his own
initiative or on the basis of a censure brought by the Jogorku Kenesh, an
individual member of the Government; [and] decide, in the event of the
non-confidence vote delivered by the Jogorku Kenesh against an individual member
of the Government, on the dismissal of the individual member of the Government;
5)
appoint, by the advice of the Prime Minister and with the consent of appropriate
local keneshes, heads of local state administrations; [and] remove them from the
offices;
6) appoint the State Secretary of the Kyrgyz
Republic and determine his status and authorities; form the Administration of
the President of the Kyrgyz Republic, which shall provide for his activities;
I) forms services of Government defense and the
National Guard, which are under his purview;
7) constitute and abolish the National
Security Service;
8) constitute and head the Security Council of
the Kyrgyz Republic and other coordinating bodies; [and]
9) form state security services and the
National Guard subordinate to him.
2. The President of the Kyrgyz
Republic:
A) appoints, with the consent of the Assembly of People's
Representatives, the Procurator General of the Kyrgyz Republic; appoints the
deputy of the Procurator General, procurators of oblasts, the City of Bishkek
and the military procurator of the Kyrgyz Republic; and relieves them of
office;
B) appoints with the approval of the Assembly of the People's
Representatives, the Chairman of the board of the National Bank of the Kyrgyz
Republic, and relieves him of office;
C) presents to the Legislative Assembly and to the Assembly of People's
Representatives candidates for election to the offices of Chairman of the
Constitutional Court of the Kyrgyz Republic, his deputy, and judges of the
Constitutional Court of the Kyrgyz Republic;
D) presents to the Assembly of
People's Representatives
candidates for election to the offices of Chairman of the Supreme Court of the
Kyrgyz Republic and of the Supreme Arbitration Court of the Kyrgyz Republic,
their deputies, and judges of the Supreme Court of the Kyrgyz Republic and of
the Supreme Arbitration Court of the Kyrgyz Republic;
E) appoints the chairmen, their deputies, and judges of the courts of
oblasts, the city of Bishkek, rayons, cities, arbitration courts of the oblasts
and the city of Bishkek, and also of the military courts of the Kyrgyz Republic,
and relieves them of office under circumstances prescribed by the Constitution
and laws.
2. The President of the Kyrgyz Republic shall:
1)
appoint, with the consent of the Jogorku Kenesh, 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; on his own initiative or on the basis of the
non-confidence vote delivered by the Jogorku Kenesh against the
Procurator-General, remove him from office;
2)
appoint, with the consent of the Jogorku Kenesh, the Chairman of the Board of
the National Bank of the Kyrgyz Republic; appoint, by the advice of the Chairman
of the Board of the National Bank of the Kyrgyz Republic, deputies of the
Chairman of the Board and members of the Board of the National Bank of the
Kyrgyz Republic; remove them from office;
3)
nominate, for the selection by the Jogorku Kenesh, 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; propose to the
Jogorku Kenesh to have them recalled;
4)
nominate, for the selection by the Jogorku Kenesh, 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; propose to the Jogorku Kenesh to
have them recalled;
5) to
appoint, with the consent of the Jogorku Kenesh, chairmen, their deputies, and
judges of local courts of the Kyrgyz Republic; discharge them in the cases
stipulated in the Constitution and constitutional
laws.
3. The President of the Kyrgyz Republic shall:
A) directs the foreign policy of the Kyrgyz
Republic;
1) conduct negotiations and sign international
treaties of the Kyrgyz Republic;
2) sign instruments of ratification;
D) appoints and recalls diplomatic
representatives of the Kyrgyz Republic in foreign states and international
organizations; accepts the credentials and letters of recall of the heads of
diplomatic missions of foreign states and representatives of international
organizations accredited to the President of the Kyrgyz
Republic;
3) appoint, in consultation with a pertinent
committee of the Jogorku Kenesh, heads of diplomatic missions 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;
4) decide on the granting and renouncement of
citizenship of the Kyrgyz Republic, and on the granting of 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 may:
1) introduce bills to the Jogorku Kenesh;
2) sign laws or return them with his objections
to the appropriate chamber of the Jogorku Kenesh the Jogorku Kenesh for reconsideration;
promulgate laws; appeal to the Constitutional Court of the Kyrgyz Republic
against laws and international treaties ratified by the Kyrgyz Republic;
3) address the people with his annual messages
concerning the state of affairs in the country, which shall be delivered at a
joint sitting of both chambers sessions of the Jogorku Kenesh,
4) suspend or annul acts of the Government of
the Kyrgyz Republic, acts of other executive bodies and of bodies of local
self-administration;
5) decide on the financing of measures of great
urgency at the expense of the state; and establishes
funds;
6) exercise legislative powers in the cases and
in such manner as stipulated in Article 68 of this Constitution.
6. The President of the Kyrgyz Republic may:
1) convene an early session of the
Legislative Assembly and of the Assembly of People's Representatives Jogorku Kenesh and determine matters
eligible for [their] consideration;
2) 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 total number of the deputies of both chambers of the
Jogorku Kenesh;
3) call elections to the Legislative
Assembly and the Assembly of People's Representatives Jogorku Kenesh, dissolve the
Legislative Assembly and the Assembly of People's Representatives Jogorku Kenesh in the cases provided
for by this Constitution;
4) call elections to local keneshes and, in the
cases provided for by law of the Kyrgyz Republic, dissolve them;
5) appoints the Chairman of the Central
Commission on Elections and the Conducting of Referenda and one-third of its
members;
6) appoints the Chairman of the Chamber of
Auditors and one-third of its auditors.
5) appoint, with the consent of the Jogorku
Kenesh, Chairman of the Central Commission on Elections and Referendums; appoint
a half of the membership of the Central Commission on Elections and Referendums;
remove them from office; dismiss, on his own initiative or on the basis of the
non-confidence vote delivered by the Jogorku Kenesh, the Chairman of the Central
Commission on Elections and Referendums;
6)
appoint, with the consent of the Jogorku Kenesh, Chairman of the Auditing
Chamber; appoint a half of the auditors of the Auditing Chamber; remove them
from office; dismiss, on his own initiative or on the basis of the
non-confidence vote delivered by the Jogorku Kenesh, the Chairman of the
Auditing Chamber.
7. Should there be grounds envisaged by law,
the President of the Kyrgyz Republic may warn of a possibility of proclaiming a
state of emergency, and, if necessary, may reclaim a state of emergency in
particular localities without a prior warning, of which action he shall promptly
notify the Legislative Assembly Jogorku Kenesh.
8. The President of the Kyrgyz Republic may
declare general or partial mobilization; may declare a state of war in an event
of aggression or direct threat of aggression against the Kyrgyz Republic, and
[in such case] shall promptly submit this matter to the Legislative Assembly
Jogorku Kenesh for
consideration; [and] may impose martial law, and [in such case] shall promptly
submit this matter to the Legislative Assembly Jogorku Kenesh 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.
1. The President of the Kyrgyz Republic may
issue decrees and orders, which shall
not contradict the Constitution and laws.
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, shall have the force of law.
The President of the Kyrgyz Republic may
delegate his powers, stipulated in Article 46.3.(2)1 of the Constitution, to the Prime
Minister, members of the Government, or other officials; and he may also ratify
international financial instruments and loan agreements signed by them.
1. The President of the Kyrgyz Republic shall
enjoy the right of inviolability. 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.
1. Powers of the President may be terminated as
a result of his resignation declared at a joint sitting of the
chambers of the Jogorku Kenesh, 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, both chambers of the Jogorku Kenesh, on the strength of
findings of a state medical commission created thereby, shall decide on an early
dismissal of the President of the Kyrgyz Republic provided that no less than two
thirds of the total number of the deputies of each chamber concur.
1. The President of the Kyrgyz Republic may be
removed from office by the Assembly of People's Representatives only on
the basis of a charge with treason or other serious offense brought in by the
Legislative Assembly Jogorku
Kenesh and confirmed by the opinion of the Constitutional Court of the
Kyrgyz Republic.
2. A decision of the Legislative Assembly
Jogorku Kenesh 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 total number of its deputies of the chamber, and
it shall be adopted if no less than two thirds of the total number of the
deputies of the Legislative Assembly Jogorku Kenesh concur provided that
there shall have been obtained findings of a special commission constituted by
the Legislative Assembly Jogorku
Kenesh.
3. Should the Constitutional Court of the
Kyrgyz Republic hand down an unfavorable opinion on a charge brought in by the
Legislative Assembly Jogorku
Kenesh, it shall entail the dissolution of the Legislative Assembly Jogorku Kenesh.
4. A resolution of the Assembly of People's
Representatives on dismissal of the President of the Kyrgyz Republic from office
must be adopted by a majority vote of no fewer than two-thirds of the total
number of deputies of that chamber, no later than two months after the bringing
of the charge against the President by the Legislative Assembly. If a decision
shall not be reached by the Assembly within this period, the charge shall be
considered refuted.
4. Provided that the Constitutional Court
shall have confirmed a charge brought in by the Jogorku Kenesh, the Jogorku
Kenesh shall decide, by no later than within two months after the bringing of
the charge, 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 three fourths
of the total number of the deputies of the Jogorku Kenesh. Should the Jogorku
Kenesh fail to reach a decision within the specified time-limits, the charge
shall be considered refuted.
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