RESOLUTION OF JOGORKU KENESH OF THE KYRGYZ REPUBLIC

of January 18, 2008 No. 75-IV

About approval of Standards on carrying out separate types of specialized examinations of drafts of the laws in Jogorku Kenesh of the Kyrgyz Republic

According to the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" and Regulations of Jogorku Kenesh of the Kyrgyz Republic for the purpose of improvement of quality of the adopted laws by uniform conducting examinations of drafts of the laws Jogorku Kenesh of the Kyrgyz Republic decides:

1. Approve Standards on carrying out separate types of specialized examinations of drafts of the laws in Jogorku Kenesh of the Kyrgyz Republic (further - Standards, are attached).

2. Standards become effective since March 1, 2008.

3. In case of the direction of drafts of the laws in Jogorku Kenesh of the Kyrgyz Republic it is strict to subjects of the legislative initiative to fulfill requirements of Standards.

4. To the deputy Toraga of Jogorku Kenesh of the Kyrgyz Republic of Bayekova Ch. T. find possibilities for development and implementation of the special training program to Standards of employees of the Office of Jogorku Kenesh of the Kyrgyz Republic.

5. To impose control of execution of this resolution to Toraga of Jogorku Kenesh of the Kyrgyz Republic.

Approved by the resolution of Jogorku Kenesh of the Kyrgyz Republic of January 18, 2008 No. 75-IV

Standards on carrying out separate types of specialized examinations of drafts of the laws in Jogorku Kenesh of the Kyrgyz Republic

These Standards on carrying out separate types of specialized examinations of drafts of the laws in Jogorku Kenesh of the Kyrgyz Republic (further - Standards) are developed for the purpose of high-quality expert ensuring process of consideration and adoption of the laws.

Section 1 General provisions

1.1. Coverage of Standards

These Standards:

1) establish procedure for conducting legal, human rights, gender, anti-corruption and ecological specialized examinations (further - examination);

2) is determined by mandatory requirements when conducting examinations;

3) determine professional terminology in the field of conducting examinations.

Other types of examinations of drafts of the laws do not fall under action of these Standards and are regulated by the corresponding regulatory legal acts of the Kyrgyz Republic.

These Standards are applied when conducting examination of drafts of the laws introduced to Jogorku Kenesh of the Kyrgyz Republic.

These Standards can be used when conducting examinations of drafts of bylaws, and also current laws and bylaws.

1.2. Concept of examination

Examination are activities of experts in carrying out the analysis and project evaluation of the laws on compliance to their requirements of these Standards.

Examination is appointed by Committee of Jogorku Kenesh of the Kyrgyz Republic (further - Committee).

Expertize is carried out by the expert of the Office of Jogorku Kenesh of the Kyrgyz Republic or person or group of persons which were not directly involved in preparation of the bill involved from outside.

In project evaluation of the law experts shall be objective and are not connected with line item of the subject of the legislative initiative and law-making body.

1.3. Examination subject

Subject of examination is the expert task (the list of questions) which needs to be permited the expert when conducting examination.

Depending on type of the carried-out expertize and taking into account nature of the relations regulated by the bill, examination can include one or several expert tasks.

1.4. Purposes and principles of examination

Main objective of examination is improvement of quality and efficiency of the adopted laws.

The general principles of examination are legality, justification, complexity, objectivity, independence, publicity and inadmissibility of "conflict of interest".

Depending on type of the carried-out expertize and taking into account nature of the relations regulated by the bill, examination can have the special purposes and the principles.

1.5. Obligation of examination

In the cases provided by these Standards, expertize is carried out without fail.

In other cases expertize of drafts of the laws is carried out at the initiative of Committee.

If necessary additional, repeated, commission or complex examination can be appointed.

1.6. Legal basis of conducting examination

The legal basis of conducting examination is the Constitution of the Kyrgyz Republic, the international agreements which participant is the Kyrgyz Republic, the laws of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", "About environmental assessment", "About bases of the state guarantees of ensuring gender equality", "About environmental protection", "About industrial safety of hazardous production facilities", "About sanitary and epidemiologic wellbeing of the population", "About international treaties of the Kyrgyz Republic", Regulations of Jogorku Kenesh of the Kyrgyz Republic, and also other regulatory legal acts of the Kyrgyz Republic.

Section 2 of the Right and obligation of committee and expert

2.1. Rights of Committee

The committee has the right:

1) to determine subject and term of conducting examination;

2) to appoint repeated, additional, commission or complex examination;

To receive 3) at experts of explanation in the expert opinion;

4) to use the expert opinion by preparation of the conclusion of Committee on the bill.

The committee has also other rights, stipulated by the legislation the Kyrgyz Republic.

2.2. Obligations of Committee

The committee shall:

To appoint 1) without fail project appraisal of the law in the cases provided by these Standards;

To transfer 2) to the expert the bill and accompanying materials.

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