Approved by the Solution of the Constitutional court of the Kyrgyz Republic of August 4, 1995, No. 1

Regulations of the Constitutional court of the Kyrgyz Republic

The regulations of the Constitutional court of the Kyrgyz Republic according to article 82 of the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About the Constitutional court of the Kyrgyz Republic" and "About the constitutional legal proceedings of the Kyrgyz Republic" determine the principles of the organization of activities of the Constitutional court of the Kyrgyz Republic.

Chapter I the Basic principles of production in the Constitutional court

Article 1. Competence of the Constitutional court of the Kyrgyz Republic

The constitutional court of the Kyrgyz Republic (further - the Constitutional court) according to the procedure of the constitutional legal proceedings considers the cases referred to its maintaining by article 82 of the Constitution of the Kyrgyz Republic.

Constitutional court according to article 13 of the Law "About the Constitutional Court of the Kyrgyz Republic":

1) recognizes unconstitutional the laws and other regulatory legal acts in case of their discrepancy with the Constitution;

2) solves the disputes connected with action, application and interpretation of the Constitution;

3) draws the conclusion about legitimacy of election of the president of the Kyrgyz Republic;

4) draws the conclusion on the issue of discharge from position of the President of the Kyrgyz Republic, and also judges of the Constitutional court, the Supreme Court, Supreme Arbitration Court of the Kyrgyz Republic;

5) agrees to involvement of judges of local courts to criminal liability;

6) draws the conclusion on the issue of changes and amendments of the Constitution of the Kyrgyz Republic;

7) cancels the decisions of local government bodies contradicting the Constitution of the Kyrgyz Republic;

8) makes the decision on constitutionality of the law-enforcement practice affecting constitutional rights of citizens;

9) is accepted by Regulations of the Constitutional court on the internal matters which are not settled by the legislation of the Kyrgyz Republic;

10) elects the secretary of the Constitutional court;

11) stops powers of judges of the Constitutional court;

12) performs other powers conferred to it by the legislation.

The constitutional court considers and solves other questions connected with the organization of its activities.

Article 2. Presumption of constitutionality of regulations

By consideration of questions of constitutionality of the laws and other regulations the Constitutional court proceeds also presumptions of constitutionality of the laws, orders of the Government, acts of the Supreme Court, the Supreme Arbitration Court which have normative nature, and also regulations of any state body, public association.

Article 3. Legality of legal proceedings

Constitutional court, resolving case, is guided only by the Constitution of the Kyrgyz Republic and applies the laws of the Kyrgyz Republic which are not contradicting the Constitution of the Kyrgyz Republic.

All participants of judicial session and attendees in courtroom of the Constitutional court shall carry out regulations of the Constitution of the Kyrgyz Republic, the laws "About the Constitutional Court of the Kyrgyz Republic", "About the Constitutional Legal Proceedings of the Kyrgyz Republic" and Regulations of the Constitutional court of the Kyrgyz Republic.

Article 4. Independence, collective nature and publicity

Independence of the Constitutional court, collective nature and publicity in case of permission of the cases and questions submitted for consideration of court are provided with accomplishment by judges, officials and citizens of the regulations and rules containing in article 2 of the Law of the Kyrgyz Republic "About the Constitutional court of the Kyrgyz Republic", articles 3 and 4 of the Law of the Kyrgyz Republic "About the constitutional legal proceedings of the Kyrgyz Republic".

In the cases provided by part 2 of article 4 of the Law of the Kyrgyz Republic "About the constitutional legal proceedings of the Kyrgyz Republic" the court can hold the closed judicial session completely or in its part, prohibit its publicity. At the closed judicial session there can be only persons participating in case, their representatives, and at necessary cases - witnesses, experts and translators.

Hearing of the case in closed meeting of the Constitutional court is conducted with observance of all rules of the constitutional legal proceedings. The judgment in all cases is proclaimed publicly.

Article 5. Equality of the parties

Permission of cases and making the conclusions in the Constitutional court is performed proceeding from equality of the parties before the law and court irrespective of the location, subordination of the parties, and гражданнезависимо from their origin, social and property status, racial and national identity, political convictions, floor, education, language, the relation to religion, sort and nature of occupations.

Article 6. Ensuring comprehensive, complete and objective identification of circumstances when considering the case

The court shall, without being limited to the provided materials and explanations, to accept everything the measures provided by the laws of the Kyrgyz Republic "About the Constitutional court of the Kyrgyz Republic" and "About the constitutional legal proceedings of the Kyrgyz Republic" for comprehensive, complete and objective clarification of the facts of the case, providing the rights of the parties and proper execution the obligations assigned to them with them.

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