NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 25, 1998

According to petitions of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic and the pensioners working in Kyrgyzsuudolboor public joint stock company, to representations of the Government of the Kyrgyz Republic and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko Alevtina Pavlovna and Cholponbayev Mukar Shaltakovich about recognition unconstitutional and inappropriate to Item 1 of Article 4, to Item 3 of Article 15, to Item 1 of Article 17, to Items 1 and 2 of Article 19, to Item 3 of Article 26, to Items 1 and 2 of Article 27, to Article 37 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic of individual clauses of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law of June 25, 1998 and the Law of September 12, 1998 on modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance"

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

with participation of the court session secretary Astarkulov D. Sh., the parties: the chairman of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic Usenbekov Kalyynur Usenbekovich, the representative of the pensioners working in Kyrgyzsuudolboor public joint stock company of Kurkova Galina Sergeyevna who is acting on the basis of the power of attorney of September 25, 1998, assured by the Chairman of the board of Kyrgyzsuudolboor public joint stock company, representatives of the Government of the Kyrgyz Republic of Beyshenaliyeva Nely Nikolaevna and Uchkempirova Roza Mavletovna, the acting on the basis of the powers of attorney of October 30, 1998 signed by the Prime Minister of the Kyrgyz Republic, deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko Alevtina Pavlovna and Cholponbayev Mukar Shaltakovich, the representative of General Court of the Jogorku Kenesh of the Kyrgyz Republic Mukhamedzhanova Abylaya Zhumakadyrovicha which is acting on the basis of the power of attorney of November 17, 1998 signed Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic, 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", article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic" considered in proceeding in open court of the petition of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic and the pensioners working in Kyrgyzsuudolboor public joint stock company representations of the Government of the Kyrgyz Republic and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko A. P. and Cholponbayeva M. Sh. about recognition unconstitutional and inappropriate to Item 1 of Article 4, to Item 3 of Article 15, to Item 1 of Article 17, to Items 1 and 2 of Article 19, to Item 3 of Article 26, to Items 1 and 2 of Article 27, to Article 37 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic of individual clauses of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law of June 25, 1998 and the Law of September 12, 1998 on modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance".

Having heard the report of the vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., performances: Chairman of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic Usenbekov K. U., the representative of the pensioners working in Kyrgyzsuudolboor public joint stock company of Kurkova G. S., representatives of the Government of the Kyrgyz Republic of Beyshenaliyeva N. N. and Uchkempirova R. M., deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko A. P. and Cholponbayev M. Sh., representative of General Court of Jogorku Kenesh of the Kyrgyz Republic Mukhamedzhanov A. Zh. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on September 8 and on October 30, 1998 petitions of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic for recognition unconstitutional and unliable to application of Item 8 of the Law of the Kyrgyz Republic of June 25, 1998 "About modification and amendments in the Law of the Kyrgyz Republic" About the national pension social insurance" and Item 5 of the Law of the Kyrgyz Republic of September 12, 1998 "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" as inappropriate to Item 1 of Article 4, to Item 1 of Article 17, to Items 1 and 2 of Article 19, to Items 1 and 2 of article 27 of the Constitution of the Kyrgyz Republic arrived. The specified requirements are proved by the fact that the changes made by the above-named laws in edition of article 28 of the Law of the Kyrgyz Republic "About the national pension social insurance", providing payment to the working pensioners only of 50 percent of pension, violate constitutional rights of pensioners - citizens of the Kyrgyz Republic on property and its immunity which the earned pension is, and also - on complete state provision of pensions, stipulated in Item 1 Articles 4, Item 1 and 2 of article 19 of the Constitution of the Kyrgyz Republic and contradict Item 1 of Article 17 and Items 1 and 2 of article 27 of the Constitution of the Kyrgyz Republic.

The pensioners working in Kyrgyzsuudolboor public joint stock company in the petitions of September 8 on October 30 and on December 17, 1998 consider that article 28 of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Laws of the Kyrgyz Republic of June 25, 1998 and of September 12, 1998, having limited pension payment to the working pensioners for 50 percent, violates their constitutional rights on the private property and its immunity provided by Items 1 and 2 of article 19 of the Constitution of the Kyrgyz Republic and contradicts Item 1 of article 17 of the Constitution of the Kyrgyz Republic which provides that, in the Kyrgyz Republic the laws canceling or diminishing human rights and freedoms shall not be issued.

The government of the Kyrgyz Republic in representation of October 21, 1998 asks to recognize unconstitutional the Law of the Kyrgyz Republic "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" of September 12, 1998 as contradicting Item 1 of Article 27 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic. It refers to the fact that in case of adoption of law the regulation, stipulated in Item 3 articles 65 of the Constitution of the Kyrgyz Republic according to which amendments to the laws providing reducing the income or increase in expenses of the state can be accepted only in the presence of the conclusion of the Government of the Kyrgyz Republic was broken.

Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko A. P. and Cholponbayev M. Sh. in the representation of October 8 and on December 18, 1998 ask to recognize unconstitutional Items 1, of 2, of the 8th article 1 of the Law of the Kyrgyz Republic of June 25, 1998 "About modification and amendments in the Law of the Kyrgyz Republic "About the national pension social insurance" and Items 1, of 2, of the 5th article 1 of the Law of the Kyrgyz Republic of September 12, 1998 "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance". They consider that the made changes, having increased retirement age and having reduced the pension size by 50 percent to the working pensioners, violated constitutional right of pensioners on equality of all before the law, stipulated in Item 3 articles 15 of the Constitution of the Kyrgyz Republic and contradict requirements of Item 3 of Article 26, of Item 2 of Article 27 and article 37 of the Constitution of the Kyrgyz Republic.

In judicial session Chairman of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic Usenbekov K. U. and the representative of the pensioners working in Kyrgyzsuudolboor public joint stock company of Kurkov G. S., having supported the petitions, ask them to satisfy.

Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko A. P. and Cholponbayev M. Sh., and also representatives of the Government of the Kyrgyz Republic of Beyshenaliyev N. N. and Uchkempirov R. M., having supported the requirements stated in representations ask them to satisfy.

Representative of General Court of Jogorku Kenesh of the Kyrgyz Republic Mukhamedzhanov A. Zh. did not agree with arguments about violation of constitutional process of adoption of law, in other part of the requirement considers subject to satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers the requirements stated in the specified petitions and representations subject to satisfaction on the following bases.

By the provided materials it is determined that on July 21, 1997 General Court of Jogorku Kenesh of the Kyrgyz Republic adopted the Law "About the National Pension Social Insurance".

At the initiative of the Government of the Kyrgyz Republic, General Court of Jogorku Kenesh of the Kyrgyz Republic on June 22, 1998 the Law "About modification and amendments "About the national pension social insurance" brought in the Law of the Kyrgyz Republic in Article 9 and 28, along with others izmeneniyamiizmeneniye about increase in retirement age every year for six months, since July 1, 1998 till June 30, 2004 and about reducing for 50 percent of the size of the pension paid to the working pensioners.

This Law was signed by the President of the Kyrgyz Republic on June 25, 1998 and enacted since July 1, 1998.

At the initiative of group of deputies, on June 30, 1998 General Court of Jogorku Kenesh of the Kyrgyz Republic one more Law "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance", made changes, having provided increase in retirement age every year for 4 months, since January 1, 1999 till December 31, 2007 and about reducing since January 1, 1999 for 50 percent of the size of the pension paid to the working pensioners whose salary is higher than the average salary which developed in the republic.

The president of the Kyrgyz Republic according to the subitem 2 of Item 5 of article 46 of the Constitution of the Kyrgyz Republic returned in General Court of Jogorku Kenesh of the Kyrgyz Republic this Law with the objections, having specified adoption of law without the conclusion of the Government of the Kyrgyz Republic, and violation by the legislator of the constitutional requirements stipulated in Item 3 articles 65 of the Constitution of the Kyrgyz Republic, that bills or amendments to the laws providing reducing the income or increase in expenses of the state can be accepted only in the presence of the conclusion of the Government of the Kyrgyz Republic. Without having agreed with objections of the President of the Kyrgyz Republic, General Court of Jogorku Kenesh of the Kyrgyz Republic left on September 8, 1998 earlier accepted edition of the Law.

The president of the Kyrgyz Republic signed on September 12, 1998 the Law on introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance".

Thus, at the time of receipt in the Constitutional court of the Kyrgyz Republic of the considered petitions and representations, in the Kyrgyz Republic the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law "About modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" of June 25, 1998 and the Law "About entering of changes into the Law of the Kyrgyz Republic "About the national pension social insurance" of September 12, 1998 is effective.

From protocols of meetings of General Court of Jogorku Kenesh of the Kyrgyz Republic No. 145 of June 22, 1998, it is visible to No. 149 of June 30, 1998 and No. 5 of September 8, 1998 that bills "About modification and amendments in the Law of the Kyrgyz Republic "About the national pension social insurance" were subject of their consideration, the conclusion of the Government of the Kyrgyz Republic both on the first, and under the second bill was absent and was not discussed. The required conclusions of the Government of the Kyrgyz Republic, without having executed the instruction of article 65 of the Constitution of the Kyrgyz Republic, also initiators of bills - the Government of the Kyrgyz Republic and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic initially did not provide. The General Court of Jogorku Kenesh of the Kyrgyz Republic which considered bills did not take any actions to their reclamation from the Government of the Kyrgyz Republic though the changes made to the Law "About the National Pension Social Insurance" have a direct bearing on expenses of the state.

Proceeding from these circumstances, the Constitutional court of the Kyrgyz Republic considers Articles 9, of 12, of 22, 22-1 and 28 Laws "About the National Pension Social Insurance" with changes and additions made by the Law of June 25, 1998 and the Law of September 12, 1998 on modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" unconstitutional in connection with violation of constitutional process of adoption of amendments to the Law, stipulated in Item 3 articles 65 of the Constitution of the Kyrgyz Republic.

Besides, the Constitutional court of the Kyrgyz Republic considers that article 28 of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law of June 25, 1998 and the Law of September 12, 1998 on modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance", having provided what is paid to the working pensioners whose salary is higher than the average salary which developed in the republic since January 1, 1999 pension in the amount of 50 percent of general pension, violates the constitutional rights of citizens guaranteed by Item 3 of Article 15, Item 2 of Article 16, Item 1 of Article 17, Item 2 of article 19 of the Constitution of the Kyrgyz Republic.

In this case the Law in unequal position puts the working and unemployed pensioners, the working pensioners in the official (state) sector and the unofficial (private) sector are not differentiated, and restriction to 50 percent of the size of the pension paid to the working pensioners diminishes their rights to security of property, that is to receipt of the pension granted to them in full which is their property.

Based on stated, 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", the articles 10,11, 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. Recognize unconstitutional and cancel operation of articles 9, of 12, of 22, 22-1 and 28 Laws of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law of the Kyrgyz Republic of June 25, 1998 and the Law of the Kyrgyz Republic of September 12, 1998 about modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" as Articles inappropriate to Item 3 15, to Item 2 of Article 16, to Item 1 of Article 17, to Item 2 of Article 19 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic.

Satisfy the petition of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic and the pensioners working in Kyrgyzsuudolboor public joint stock company, representations of the Government of the Kyrgyz Republic and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko Alevtina Pavlovna and Cholponbayev Mukar Shaltakovich.

2. Suggest General Court of Jogorku Kenesh of the Kyrgyz Republic and the Government of the Kyrgyz Republic to bring instantly into accord with the Constitution of the Kyrgyz Republic the Law of the Kyrgyz Republic "About the national pension social insurance".

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

4. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", newspapers: "Tuusu's Kyrgyz", "Word of Kyrgyzstan", "Erkin-limited liability partnership" and "Our newspaper".

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