NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of September 13, 2000

On idea of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Masaliyev Iskhak Absamatovich and the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Sadyrbayev Dooronbek of recognition unconstitutional and not corresponding to Item 6 of Article 1, to Item 3 of Article 5, to Item 3 of Article 15 and Item 1 of article 17 of the Constitution of the Kyrgyz Republic of Item 2 of article 61 of the Code on elections in the Kyrgyz Republic accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 29, 1999 and resolutions No. 333 of June 28, 2000 of Central Election Commission at elections and holding referenda of the Kyrgyz Republic "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic"

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Namatov N. A., parties: the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Masaliyev Iskhak Absamatovich, the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Sadyrbayev Dooronbek, Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic Erkebayev Abdygana Erkebayevich who is acting on the basis of the power of attorney of September 11, 2000, the Chairman of the Central commission on elections and holding referenda of the Kyrgyz Republic Imanbayev Sulaiman Imanbayevich and the representative of this commission Zulpiyev Bektur Rysbayevich who is acting on the basis of the power of attorney of September 7, 2000, being guided by article 82 of the Constitution of the Kyrgyz Republic, article 13 of the Law "About the Constitutional Court of the Kyrgyz Republic" and article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", considered representation of deputies of Jogorku Kenesh of the Kyrgyz Republic of Masaliyev I. A. in proceeding in open court. and Sadyrbayeva D. about recognition unconstitutional and not corresponding to Item 6 of Article 1, to Item 3 of Article 5, to Item 3 of Article 15 and Item 1 of article 17 of the Constitution of the Kyrgyz Republic of Item 2 of article 61 of the Code on elections in the Kyrgyz Republic and resolutions No. 333 of June 28, 2000 the Central Electoral Commission of the Kyrgyz Republic "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic".

Having heard the report of the vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., performances: deputies of Jogorku Kenesh of the Kyrgyz Republic of Masaliyev I. A. and Sadyrbayeva D., Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of Erkebayev A. E., Chairman of the Central Electoral Commission of the Kyrgyz Republic Imanbayev S. I. and the representative of this commission Zulpiyev B. R., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic representation of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Masaliyev I. A. arrived on August 30, 2000. and the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Sadyrbayev D. about recognition unconstitutional and not corresponding to Item 6 of Article 1, to Item 3 of Article 5, to Item 3 of Article 15 and Item 1 of article 17 of the Constitution of the Kyrgyz Republic of Item 2 of article 61 of the Code on elections in the Kyrgyz Republic accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 29, 1999 and resolutions No. 333 of June 28, 2000 of Central Election Commission at elections and holding referenda of the Kyrgyz Republic "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic".

The following arguments are given to reasons for representation. Item 2 of article 61 of the Code on elections in the Kyrgyz Republic is unconstitutional as violates number of the rights and restrains freedoms of citizens determined by the Constitution of the Kyrgyz Republic. To Kyrgyz on nationality right of possession the Kyrgyz language which under the Constitution is state in the Kyrgyz Republic, belongs already on the basis of the birth. And nobody can take away this right from the Kyrgyz, and no commission can claim that this or that Kyrgyz on nationality does not know the native language. Everyone knows the native language in that measure in what it is necessary for it. If the President of the Kyrgyz Republic needs profound knowledge of state language, then he, undoubtedly, will learn it. Besides, the criteria listed in article 61 of the Code about elections in the Kyrgyz Republic, including knowledge of state language, concern directly not to the candidate for President, and to the President of the Kyrgyz Republic who is elected by the people. Central Election Commission, having exceeded the authority, incorrectly treats Item 3 of article 43 of the Constitution of the Kyrgyz Republic, having turned check of ownership of state language by candidates for President of the Kyrgyz Republic into examination in history of Kyrgyzstan and the Kyrgyz literature. Both in the Constitution of the Kyrgyz Republic, and in the Code about elections there is no regulation granting the right to Central Election Commission to create linguistic commission of seven people which determines capability of the candidate to act publicly in any language, this prerogative belongs to the People. Creation of such linguistic commission violates the constitutional regulations and constitutional rights of citizens to choose and be elected to the state positions, stipulated in Item 3 Articles 5, Item 3 of article 15 of the Constitution of the Kyrgyz Republic on non-admission of infringement of the rights and freedoms of citizens on the basis of ignorance or not ownership of state language and equality of all before the law and court. Nobody can be exposed to any discrimination, infringement of the rights and freedoms based on origin, floor, race, nationality, language, religion, political and religious beliefs or on any other conditions and circumstances of personal or public nature, and according to Item 1 of article 17 of the Constitution of the Kyrgyz Republic in the Kyrgyz Republic the laws canceling or diminishing human rights and freedoms shall not be issued.

In judicial session deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Masaliyev I. A. and the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Sadyrbayev D., having completely supported the representation, ask it to satisfy also because the specified resolution of the Central Electoral Commission has no legal force as it was not registered in the Ministry of Justice of the Kyrgyz Republic and it is published in seal.

Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic Erkebayev A. E. considers that Item 2 of article 61 of the Code on elections in the Kyrgyz Republic and the resolution of the Central Electoral Commission "About the linguistic commission on establishment of ownership of the Kyrgyz language by candidates for President of the Kyrgyz Republic" Constitutions of the Kyrgyz Republic conform to requirements, asks to refuse satisfaction of representation.

Chairman of Central Election Commission at elections and holding referenda of the Kyrgyz Republic Imanbayev S. I. and the representative of this commission Zulpiyev B. R. consider that the commission accepted the resolution "About the Linguistic Commission on Establishment of Ownership of State Language of the Kyrgyz Republic by Candidates for President of the Kyrgyz Republic" within the powers conferred to it by the Code about elections in the Kyrgyz Republic and completely corresponds to the Constitution of the Kyrgyz Republic, ask to leave representation without satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties, having studied the provided materials and having heard explanations of witnesses, considers representation not subject to satisfaction on the following bases.

From the provided materials it is visible that General Court of Jogorku Kenesh of the Kyrgyz Republic on April 29, 1999, having accepted the Code about elections in the Kyrgyz Republic, provided in Article 61:

in item one: "The citizen of the Kyrgyz Republic knowing state language can be elected the president of the Kyrgyz Republic";

in Item the second: "Ownership of state language - ability to read, write, state the thoughts and to act publicly in state language".

Acceptance of this regulation in the called Code was caused by requirements of Item 3 of article 43 of the Constitution of the Kyrgyz Republic providing:

"The president of the Kyrgyz Republic the citizen of the Kyrgyz Republic not younger 35 can be elected and 65 years, knowing state language and living in the republic at least 15 years before promotion of its candidate in Presidents are not more senior".

This regulation of the Constitution of the requirement, connected with nationality, age, duration of time of residence in the country and ownership of state language, shows to all applicants for the highest position in the republic, heads of state. The legislator, accepting the Code about elections in the Kyrgyz Republic, completely borrowed the formulation of Item of the first of Article 61 from content of the specified regulation of the Constitution and within the powers, having added it with Item the second, gave definition of the concept "ownerships" state language:

"Ownership of state language - ability to read, write, state the thoughts and to act publicly in state language".

The Central Election Commission of the Kyrgyz Republic for the purpose of accomplishment of the functions on the organization and elections, control of execution and uniform application of provisions of the Constitution of the Kyrgyz Republic and the legislation of the republic, within the powers, accepted on June 28, 2000 the resolution No. 333 "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic", having assigned to it obligations on check of ownership of state language by candidates for President of the Kyrgyz Republic, having reserved the right establishments of ownership of state language by candidates.

The constitution of the Kyrgyz Republic, the Code about elections in the Kyrgyz Republic and the resolution of the Central Electoral Commission No. 333 of June 28, 2000 "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic", ownership of state language demand from all applicants for position of the President of the Kyrgyz Republic and do not establish to anybody any privileges. All candidates applying for position of the President of the Kyrgyz Republic are equal before this constitutional requirement and shall undergo the single procedure of check of ownership of state language established by the Central Electoral Commission of the Kyrgyz Republic.

Arguments of deputies of Jogorku Kenesh of the Kyrgyz Republic of Masaliyev I. A. and Sadyrbayeva D. about legal insolvency of the resolution of the Central Electoral Commission No. 333 of June 28, 2000 are unreasonable as according to the Law of the Kyrgyz Republic "About regulatory legal acts in the Kyrgyz Republic" in the Ministry of Justice of the Kyrgyz Republic regulations of the ministries and administrative departments which the Central Electoral Commission of the Kyrgyz Republic is not are subject to state registration.

Their approvals and that they Item 2 of article 61 of the Code on elections in the Kyrgyz Republic and the resolution of the Central Electoral Commission of the Kyrgyz Republic No. 333 of June 28, 2000 violate requirements of Item 6 of Article 1, of Item 3 of Article 5 and Item 3 of article 15 of the Constitution of the Kyrgyz Republic on equality of all before the law and court and inadmissibility of infringement of the rights and freedoms of citizens on the basis of ignorance or not ownership of state language are insolvent.

The Constitutions of the Kyrgyz Republic of the requirement of Item 2 of article 61 of the Code about elections proceeding from Item 3 of article 43 in the Kyrgyz Republic about need of ownership of state language is the reasonable measure shown to all candidates for election to the highest position in the state - the President of the Kyrgyz Republic following from its constitutional obligations and cannot be regarded as discrimination. Especially, this reasonable measure is allowed by the legislator in the Constitution and the law of the Kyrgyz Republic, for the purpose of protection of the constitutional system, without affection of the voting right of the citizen and being of constitutional rights and human freedoms, according to Item 2 of article 17 of the Constitution of the Kyrgyz Republic.

Based on stated and being guided by the subitem 1 of Item 3 of article 82 of the Constitution of the Kyrgyz Republic, articles 13 and 14 of the Law "About the Constitutional Court of the Kyrgyz Republic", articles 10, of 11, of 13, of 14, of 24, of 25, 29 and 30 Laws "About the Constitutional Legal Proceedings of the Kyrgyz Republic", the Constitutional court of the Kyrgyz Republic

DECIDED:

1. Refuse satisfaction of idea of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Masaliyev Iskhak Absamatovich and the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Sadyrbayev Dooronbek of recognition unconstitutional and not corresponding to Item 6 of Article 1, to Item 3 of Article 5, to Item 3 of Article 15 and Item 1 of article 17 of the Constitution of the Kyrgyz Republic of Item 2 of article 61 of the Code on elections in the Kyrgyz Republic accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 29, 1999 and resolutions No. 333 of June 28, 2000 of Central Election Commission at elections and holding referenda of the Kyrgyz Republic "About the linguistic commission on establishment of ownership of state language of the Kyrgyz Republic by candidates for President of the Kyrgyz Republic".

2. The final decision, is not subject to appeal. Surely to execution by all state bodies, officials and citizens.

3. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", newspapers: "Tuusu's Kyrgyz", "Word of Kyrgyzstan", "Erkin Too" and "Our newspaper".

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