of September 19, 2007 unitary enterprise No. 410
About holding referendum (national vote) in the Kyrgyz Republic
In view of need of completion of carrying out the constitutional reform, enhancement of the constitutional device and management, ensuring real participation of political parties, women, youth, representatives of different nationalities and social groups in forming of state bodies of the power, aiming at achievement of this purpose on the basis of consensus and consolidation of different political forces, considering that achievement of unity and consent in society are important for the country, taking into account opinion of political forces of society, being guided by Articles 1, of 7, of 42, of 46, 96 Constitutions of the Kyrgyz Republic, I decide preserving stability of social and political situation, recognizing that the people of Kyrgyzstan are the carrier of sovereignty and the single source of the government:
1. Appoint referendum (national vote) in all territory of the Kyrgyz Republic to Sunday October 21, 2007.
2. Submit for referendum for acceptance by citizens of the Kyrgyz Republic bills of the Kyrgyz Republic "About new edition of the Constitution of the Kyrgyz Republic" and the Law of the Kyrgyz Republic "About new edition of the Code of the Kyrgyz Republic about elections in the Kyrgyz Republic" (are applied).
3. Approve the following formulations of questions for inclusion in voting bulletin:
1) "Adopt the Law of the Kyrgyz Republic "About new edition of the Constitution of the Kyrgyz Republic" which project is offered by the President of the Kyrgyz Republic on referendum (national vote)
ДА ________________ +------+
+------+
НЕТ ________________ +------+
+------+
(поставьте соответствующую отметку в квадрате, в пользу которого
сделан выбор)
2) to Adopt the Law of the Kyrgyz Republic "About new edition of the Code of the Kyrgyz Republic about elections in the Kyrgyz Republic" which project is offered by the President of the Kyrgyz Republic on referendum (national vote)
ДА ________________ +------+
+------+
НЕТ ________________ +------+
+------+
(поставьте соответствующую отметку в квадрате, в пользу которого
сделан выбор)
4. To the government of the Kyrgyz Republic:
- on representation to the Central commission on elections and holding referenda of the Kyrgyz Republic to resolve issues of organizational, material and financial provision of referendum, and also other questions following from this Decree;
- provide during preparation and holding referendum public order, observance of the Constitution and the laws of the Kyrgyz Republic.
5. And local self-government to provide to the central commission on elections and holding referenda of the Kyrgyz Republic in close interaction with executive bodies organized holding referendum, control of compliance with law, to systematically inform the public on the course of its preparation and carrying out.
6. Determine that according to the legislation of the Kyrgyz Republic on holding referenda (national vote) the Law of the Kyrgyz Republic "About new edition of the Constitution of the Kyrgyz Republic" and the Law of the Kyrgyz Republic "About new edition of the Code of the Kyrgyz Republic about elections in the Kyrgyz Republic", more than a half of the citizens included in lists which got approval in the referendum course are subject to signing by the President of the Kyrgyz Republic and become effective from the date of their official publication.
The law of the Kyrgyz Republic "About new edition of the Constitution of the Kyrgyz Republic" has the highest legal force and is not subject to any approval.
7. This Decree becomes effective from the date of signing.
President of the Kyrgyz Republic
K. Bakiyev
Appendix
to the Presidential decree of the Kyrgyz Republic of September 19, 2007 No. 410
We, the people of Kyrgyzstan, being the single source of the government and realizing it by national vote, proclaiming the commitment to democratic values, consent and unity of the people, recognizing rights of man and citizen as the supreme value, realizing importance of enhancement of statehood of Kyrgyz, we adopt this Law "About New Edition of the Constitution of the Kyrgyz Republic".
To state the constitution of the Kyrgyz Republic adopted at the twelfth session of the Supreme Council of the Republic Kyrgyzstan on May 5, 1993 in the following edition:
"Constitution of the Kyrgyz Republic
We, people of Kyrgyzstan,
supporting revival and enhancement of statehood of the Kyrgyz people;
realizing that the unity of Kyrgyz is the base of stability of the country and the consent of all people of Kyrgyzstan;
proceeding from precepts of our ancestors to live in unity, peace and harmony, we accept this Constitution.
1. The Kyrgyz Republic (Kyrgyzstan) - the sovereign, unitary, democratic, constitutional, secular, social state.
2. Sovereignty of the Kyrgyz Republic is not limited and extends to all its territory.
3. The people of Kyrgyzstan are the carrier of sovereignty and the single source of the government in the Kyrgyz Republic.
4. The people of Kyrgyzstan perform the power directly on elections and referenda, and also through system of state bodies and local government bodies on the basis of this Constitution and the laws.
On behalf of the people of Kyrgyzstan also the Jogorku Kenesh has the right to act elected him the President.
5. The laws and other important issues of the state value can be submitted for referendum (national vote). The procedure for holding referendum is established by the constitutional law.
6. Citizens of the Kyrgyz Republic elect the President, deputies of Jogorku Kenesh, deputies of local keneshes.
Elections are free and are carried out on the basis of general equal and direct suffrage in case of secret vote. The citizens of the Kyrgyz Republic who reached 18 years have to choose the right.
1. The state and its bodies serve all society, but not its some part.
2. No part of the people, any consolidation and any individual has right to appropriate the power in the state.
3. The state, its bodies, local government bodies and their officials cannot be beyond the powers determined by this Constitution and the law.
1. The territory of the Kyrgyz Republic in the existing borders is inviolable and indivisible.
2. For the purpose of the organization of public administration and local self-government the territory of the Kyrgyz Republic is divided into the administrative and territorial units determined by the law.
The cities of Bishkek and Osh are the cities of republican value, and their status is determined by the law.
1. In the Kyrgyz Republic also other patterns of ownership are recognized and protected private, state, municipal.
The Kyrgyz Republic guarantees variety of patterns of ownership and their equal legal protection.
2. The property is inviolable. Nobody can be randomly deprived of the property, and its withdrawal without volition of the owner is allowed only by a court decision.
3. Property acquisition can be made for the state needs in exceptional cases provided by the law on condition of preliminary and its equivalent compensation.
4. The Kyrgyz Republic protects the property right to property of the citizens and legal entities, and also their and property which is in the territory of other states.
5. The earth, its subsoil, airspace, waters, the woods, plant and animal life, other natural resources are property of the Kyrgyz Republic, are used as basis of life and activities of the people of Kyrgyzstan and are under special protection of the state.
The earth and other natural resources can also be in private, municipal and other patterns of ownership.
Limits and procedure by owners of land and natural resources of the rights and guarantee of their protection are determined by the law.
1. State language of the Kyrgyz Republic is the Kyrgyz language.
2. In the Kyrgyz Republic as official language Russian is used.
3. The Kyrgyz Republic guarantees to representatives of all nationalities forming the people of Kyrgyzstan, the right to preserving the native language, creation of conditions for its studying and development.
4. Infringement of freedoms and the rights of citizens on the basis of ignorance of the state or official language is not allowed.
1. The Kyrgyz Republic has the state symbols - the Flag, the Coat of arms, the Anthem. Their description and procedure for official use are established by the law.
2. The capital of the Kyrgyz Republic is the city of Bishkek.
3. Monetary unit of the Kyrgyz Republic is the som.
The government in the Kyrgyz Republic is based on the principles:
supremacy of the power of the people represented and provided with in public elected head of state - the President of the Kyrgyz Republic;
separations of the government into legislative, executive, judicial branches, their approved functioning and interaction;
responsibility of state bodies and local government bodies to the people and implementation of the powers by them for the benefit of the people;
differentiations of functions and powers of public authorities and local government bodies.
1. In the Kyrgyz Republic no religion can be acknowledged as state or obligatory.
2. The political variety is recognized the Kyrgyz Republic.
3. In the Kyrgyz Republic political parties, labor unions and other public associations can be created. The state provides observance of their rights and legitimate interests.
4. Political parties can participate in public affairs in the forms provided by this Constitution and the law.
5. In the Kyrgyz Republic it is not allowed:
merge of the state and party institutes, and also subordination of the state activities to party programs and decisions;
education and activities of the party organizations in public institutions and the organizations; implementation by government employees of party work, except as specified, when such work is carried out out of office activities;
membership of the military personnel, employees of law enforcement and judicial authorities in batches, performance them in support of any political party;
creation of political parties on religious basis, prosecution by the religious organizations of political tasks and purposes;
intervention of the religious organizations and attendants of religious cults in activities of state bodies;
activities of the foreign political parties, public and religious organizations, their representations and branches pursuing political goals.
1. The Kyrgyz Republic has no the purposes of expansion, aggression and territorial claims solved by military force, rejects militarization of the state life, subordination of the state, its activities to warfare tasks. Armed forces of Kyrgyzstan are under construction according to the principle of self-defense and defensive sufficiency.
2. The warfare right, except as specified aggressions against Kyrgyzstan and other states connected by obligations of collective defense is not recognized. Permission to each case of transition of parts of Armed Forces of the Kyrgyz Republic out of limits of the territory of Kyrgyzstan is performed by the decision of Jogorku Kenesh made by the majority at least two thirds of voices of total number of deputies.
3. Use of Armed Forces of the Kyrgyz Republic for the solution of interstate political affairs is forbidden.
4. The Kyrgyz Republic strives for the universal and fair peace, mutually beneficial cooperation, permission of global and regional problems peacefully.
Emergency state and warlike situation in the Kyrgyz Republic can be entered according to the procedure and the cases provided by this Constitution and the constitutional laws.
1. The government budget of the Kyrgyz Republic consists from republican and local budgets, includes the income and expenses of the state.
2. Procedure for forming, acceptance and execution republican and local budgets, and also audit of their execution are determined by the law. The republican budget annually is accepted by the law.
3. In the territory of the Kyrgyz Republic the single taxation system is effective. The right of establishment of taxes belongs to Jogorku Kenesh. The laws establishing new taxes and worsening situation of taxpayers have no retroactive force.
1. The constitution has the highest legal force and direct action in the Kyrgyz Republic.
2. On the basis of the Constitution the constitutional laws, the laws and other regulatory legal acts are adopted.
3. The international contracts and agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic and also the conventional principles and rules of international law are component of system of law of the Kyrgyz Republic.
1. Fundamental freedoms and human rights belong to everyone from the birth. Freedoms and human rights are acting. They are recognized quality absolute and inaliennable, determine sense and content of activities of the legislative, executive authority, local government bodies, are protected by the law and court.
2. In the Kyrgyz Republic the personality and advantage of the person are sacred and inviolable.
3. All people are equal in the Kyrgyz Republic before the law and court. Nobody can be exposed to any discrimination, infringement of freedoms and the rights based on origin, floor, race, nationality, language, religion, political and religious beliefs or on any other circumstances of personal or public nature.
4. In the Kyrgyz Republic of the man and woman have equal freedoms and the rights, and also equal opportunities for their realization.
1. In the Kyrgyz Republic each person has the inalienable right to life. Nobody can be deprived of life.
2. Everyone has the right to protect the life and health, life and health of other persons from illegal encroachments.
3. The dwelling is inviolable. Nobody can get into the dwelling against the will of persons living in it.
The search and other legal proceedings are allowed only in the cases established by the law with provision to person of the right to appeal judicially legality of these actions.
Everyone has the right:
on freedom of travel, the choice of the place of stay and residence within the territory of the Kyrgyz Republic;
on ownership, use and the order of the property, results of the intellectual, creative activities;
on economic freedom, free use of the capabilities and the property for any economic activity which is not prohibited by the law;
on freedom of work, the order the capabilities to work, choice of profession and occupation, and also right to remuneration for work and social protection;
on acquaintance in public authorities, local government bodies, organizations and the organizations with the information about which is not the state secret, or other confidential information protected by the law;
on the appeal to public authorities, local government bodies and to their officials;
on compensation by the state of the harm done by illegal actions of state bodies, local government bodies and their officials on duty;
on appeal to the court with the requirement of confutation and withdrawal of false information about and family members, and also on compensation of the material and moral damage caused by collection, storage and distribution of false information;
on the mystery of correspondence, telephone negotiations, cable and other messages;
it is free to collect, to store, use information and to distribute it orally, in writing or otherwise;
on immunity of the private life, respect and honor and dignity protection;
it is free to determine the national identity.
4. Collection, storage, use and distribution of confidential information on person without its consent, except the cases established by the law are not allowed.
5. Religious liberty and atheistic belief is guaranteed to everyone.
6. Everyone has right to liberty of thought, the word and seal, and also to free expression of these thoughts and beliefs. Nobody can be forced to expression of the opinion and belief.
1. Nobody can be arrested or be held in custody differently as by a court decision and only on the bases and according to the procedure, established by the law.
2. Each detained person before the expiration of 48 hours from the moment of detention shall be brought to court for the solution of question of legality of his detention.
3. To each detainee it shall be instantly reported about motives of detention, its rights are explained and the opportunity from the moment of detention to protect itself personally and to use legal assistance of the lawyer is given.
4. Judicial protection of its freedoms and the rights is guaranteed to everyone.
In case of any public or other accusation everyone has right of defense of the of honor, advantage, goodwill and the rights in court. Under no circumstances such judicial protection it cannot be refused.
5. The person accused on criminal case shall not prove the innocence. Any doubts in guilt are interpreted for benefit of the person accused.
Nobody shall witness against himself, the spouse(s) and close relatives whose circle is determined by the law. Can be established by the law and other cases of release from obligation to give evidences.
The fault burden of proof on criminal and administrative cases is assigned to the prosecutor.
Evidence seized with violation of the law is not recognized and is not used in legal proceedings.
6. Everyone has the right to consideration of the case by court with participation of jury members in the cases provided by the law.
7. Everyone is considered innocent in crime execution until his guilt is acknowledged as the court verdict which took legal effect.
8. Any actions conferring per capita responsibility for crime before removal of sentence by court are inadmissible and are the basis for compensation to it through court of material and moral harm.
9. Nobody can be condemned only on the basis of its own recognition in crime execution.
10. Each convict for criminal offense has the right to review of the sentence pronounced concerning it in higher degrees of jurisdiction in the procedure established by the law, and also to ask about pardon or mitigation of punishment.
11. Nobody shall bear twice legal responsibility for the same offense.
12. The penal statute by analogy is not applied.
13. The law establishing or aggravating responsibility of person has no retroactive force. Nobody can bear responsibility for actions which at the time of their making were not recognized offense. If after making of offense responsibility for it is eliminated or mitigated, the new law is applied.
14. The rights of the victims of crimes and abuses of the power are protected by the law. The state provides them access to justice and compensation for the done damage or harm.
15. Everyone has the right to turn to international courts.
1. In the Kyrgyz Republic the folk customs and traditions which are not contradicting freedoms and human rights are supported by the state.
2. Family - source of society; family, paternity, motherhood, the childhood - subject of care of all society and preferential protection by the law; care of children, their education - the natural right and civil obligation of parents. Able-bodied full age children shall care for parents.
3. The state provides content, education, training of the orphan children and children deprived of parent care.
4. Respect for seniors, care of the family - sacred obligation of the people of Kyrgyzstan.
1. Freedoms and the rights established by this Constitution are not exhaustive and shall not be interpreted as denial or derogation of other conventional freedoms and human rights.
2. Everyone shall observe the Constitution and the laws, to respect freedoms and the rights, honor and advantage of other persons.
3. Everyone who exercises the freedoms and the rights shall not limit freedoms and the rights of others.
1. In the Kyrgyz Republic the laws canceling freedoms and human rights shall not be issued.
2. Restrictions of freedoms and human rights are allowed by the Constitution and the laws only for the purpose of ensuring freedoms and the rights of other persons, public safety and procedure, territorial integrity, protection of the constitutional system. At the same time the essence of the constitutional freedoms and the rights cannot be affected.
1. The restrictions concerning physical and moral integrity of human beings are admissible only according to the court verdict pronounced based on the law as punishment for the committed crime. Any person cannot be exposed to tortures, tortures or inhuman humiliating punishments.
2. It is forbidden to make medical, biological, psychological experiments over people without their properly expressed and certified voluntary consent.
3. The Kyrgyz Republic can grant asylum right to the foreign citizens and stateless persons pursued for political motives in the procedure established by the law.
1. Belonging of the person to the Kyrgyz Republic and its status are determined by nationality.
2. The citizen of the Kyrgyz Republic owing to the nationality has the rights and performs duties.
3. Any citizen of the Kyrgyz Republic cannot be deprived of the nationality and the right to change the nationality. For persons who are citizens of the Kyrgyz Republic belonging to nationality of other state according to the laws and international agreements of the Kyrgyz Republic is recognized.
4. The Kyrgyz living outside the Kyrgyz Republic regardless of availability of nationality of other state have the right to acquire nationality of the Kyrgyz Republic in the simplified procedure. The procedure and conditions of provision of nationality of the Kyrgyz Republic are determined by the law.
5. The citizen of the Kyrgyz Republic cannot be expelled out of limits of the republic or is issued to other state.
6. The Kyrgyz Republic guarantees to the citizens protection and protection beyond its limits.
1. Citizens of the Kyrgyz Republic have the right to associations.
2. Associations of citizens are forbidden to create paramilitary forces.
3. Citizens of the Kyrgyz Republic, their consolidation have the right to perform any actions and activities, except prohibited and limited to this Constitution and the laws of the Kyrgyz Republic.
4. Protection of freedoms and the rights of citizens, non-admission of offenses and recovery of the violated rights - obligation of the state, all its bodies, local government bodies and their officials.
5. The Kyrgyz Republic guarantees judicial protection of all freedoms and the rights of the citizens which are established by this Constitution and the laws.
6. Laws of rights and obligations of citizens shall be applied equally to all citizens and not create for anybody of them benefits and privileges, except the cases provided by this Constitution and the laws on social protection of citizens.
Everyone shall pay taxes and fees according to the procedure and the cases provided by the law.
1. Citizens of the Kyrgyz Republic have the right:
participate in discussion and adoption of the laws and solutions of republican and local value;
choose and be elected to public authorities and local government bodies, and also to participate in the referendum according to the procedure provided by the constitutional law.
2. Citizens of the Kyrgyz Republic concerning activities of state bodies and local government bodies, on other important issues have the right to carry out the national kurultais which are historical tradition of Kyrgyz. The decision of national kurultai goes to relevant organs as recommendations.
3. Citizens of the Kyrgyz Republic have the equal rights to arrive on the public and municipal service. The procedure for revenues to the public and municipal service is determined by the law.
1. Protection of the Fatherland - sacred debt and obligation of citizens of the Kyrgyz Republic.
2. The bases and procedure for release of citizens from execution of military service or replacement with its alternative service are established by the law.
Citizens of the Kyrgyz Republic have the right peacefully and without weapon to hold political meetings, meetings, processions, demonstrations and pickets on condition of the prior notice of public authorities or local government bodies. The procedure and conditions of their carrying out are determined by the law.
The citizen of the Kyrgyz Republic has the right to leave freely the Kyrgyz Republic and to return freely.
1. Social security in old age, in case of disease and disability, loss of the supporter according to the procedure and the cases provided by the law is guaranteed to citizens of the Kyrgyz Republic.
2. Pensions, the public assistance according to economic opportunities of society shall provide level of living not below the subsistence minimum established by the law.
3. Voluntary social insurance, creation of additional forms of social security and charity are encouraged.
1. Citizens of the Kyrgyz Republic have work right to liberty, to dispose of the capabilities to work, to choose profession and occupation, on the protection and working conditions meeting safety requirements and hygiene and also the right to remuneration for work and social protection not below the subsistence minimum established by the law.
2. The state cares for preparation and increase in professional qualification of citizens, promotes activities of the international organizations aiming to strengthen right to work.
3. Use of child labor, and also forced labor involvement of adult citizens, except cases of war, natural disaster response, epidemic and other force majeure, and also according to the procedure of execution of the punishment according to the court verdict is forbidden.
Citizens of the Kyrgyz Republic have the right to participate in forming republican and local budgets, and also to be informed on actually spent means from the budget. The procedure for their participation is determined by the law.
Citizens of the Kyrgyz Republic have the right to strike.
The procedure and conditions of holding strikes are determined by the law.
1. Citizens of the Kyrgyz Republic have right to rest.
2. The maximum duration of working hours, the minimum weekly rest and paid annual leave, and also other main conditions of implementation of right to rest are determined by the law.
1. Each citizen of the Kyrgyz Republic has right to education.
2. General main education - is obligatory and free, everyone has the right to receive it in the state and municipal educational institutions.
3. The state creates conditions for training of each citizen, since organizations of preschool education before the main education, to state language and two foreign languages.
4. Each citizen has the right to both free, and paid education.
Citizens of the Kyrgyz Republic have the right to housing. This right is provided with development of the state, municipal and individual housing stock, housing stock of the organizations, assistance to citizens in acquisition of housing on conditions and according to the procedure, established by the legislation.
1. Citizens of the Kyrgyz Republic have the right to health protection.
2. First aid and medical care by some types of diseases, certain law, and also medical care to socially vulnerable segments of the population is free; everyone has the right to receive it in the public and private medical institutions.
The procedure for receipt of medical care is regulated by the law.
Citizens of the Kyrgyz Republic have the right to the surrounding environment, favorable for life and health, and to compensation of the damage caused to health or property by actions in the field of environmental management.
1. The culture, art, literature, science and mass media are free.
2. The state protects historical monuments, cares and creates necessary conditions for development of literature, art, science, mass media and sport.
3. Citizens have the right to access to culture values, to occupation art and science.
Social activities of the state shall not lead to replacement with the state guardianship of economic freedom and activity, possibility of the citizen most to reach economic wellbeing for itself and the family.
For the extrajudicial dispute resolution, arising from civil legal relationship, citizens of the Kyrgyz Republic have the right to establish reference tribunals.
Powers, procedure for education and activities of reference tribunals are determined by the law.
In the Kyrgyz Republic citizens have the right to establish courts of aksakals.
The procedure for organization of vessels of aksakals, their powers and activities are determined by the law.
1. Everyone has the right to qualified legal aid. In the cases provided by the law, legal aid is given at the expense of the state.
2. The organization and activities of legal profession as self-governed professional community of lawyers, and also the rights, obligations and responsibility of lawyers are determined by the law.
Publication of the laws and other regulatory legal acts concerning freedoms, the rights and obligations of man and citizen is the compulsory provision of their application.
1. The president is the head of state, the management official of the Kyrgyz Republic.
2. The president is symbol of unity of the people and the government, the guarantor of the Constitution, freedoms and rights of man and citizen.
3. The president determines the main directions of domestic and foreign policy of the state, represents the Kyrgyz Republic within the country and in the international relations, takes measures for protection of sovereignty and territorial integrity of the Kyrgyz Republic, provides unity and succession of the government, the approved functioning and interaction of state bodies, their responsibility to the people.
1. The president is elected for five years.
2. The same person cannot be elected the President more than two terms in a row.
1. The president the citizen of the Kyrgyz Republic not younger can be elected 35 years and 65 years, knowing state language and living in the republic in total at least 15 years are not more senior. The citizen having criminal record for crime execution which is not extinguished or is not removed in the procedure established by the law cannot be elected the President.
2. The number of presidential candidates is not limited. Person which collected at least 50 thousand signatures of voters can be registered by the candidate for president.
The procedure for presidential elections is determined by the law.
1. In case of assumption of office the President takes the oath to the people of Kyrgyzstan:
"I..., entering position of the President of the Kyrgyz Republic, before the people and the Fatherland I swear:
it is sacred to observe and protect the Constitution and the laws; protect sovereignty and independence of the Kyrgyz state; respect and provide the rights and freedoms of all citizens of the Kyrgyz Republic; with honor and constantly to carry out the high obligations of the President assigned to me by trust of all people.".
2. Operation of the presidential mandate begins with the moment of adoption of the oath. Powers of the President stop from the moment of assumption of office of the newly elected President.
3. The president for implementation of the powers stops the activities in political parties and the organizations prior to new elections of the President.
1. President:
1) according to the procedure, determined by this Constitution, appoints the Prime Minister and members of the government;
2) is accepted by the application of the Prime Minister, the Government or its certain member on resignation; makes the decision on resignation of the Prime Minister or the Government;
Exempts 3) on own initiative or according to the proposal of the Prime Minister of the member of the government;
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The document ceased to be valid since March 8, 2022 according to Item 1 of the Presidential decree of the Kyrgyz Republic of February 24, 2022 No. 62