LAW OF THE KYRGYZ REPUBLIC

of May 29, 2008 No. 99

About local self-government and local public administration

Accepted by Jogorku Kenesh of the Kyrgyz Republic on April 10, 2008

SECTION I GENERAL PROVISIONS

Article 1. The relations regulated by this Law

1. This Law establishes the principles of the organization of local government at the level of administrative and territorial units of the Kyrgyz Republic, determines role of local self-government and local public administration in implementation of the public power, fixes the organizational and legal basis of their activities, establishes competence and the principles of relations of local government bodies and public authorities, the state guarantees of the right of local communities for self-government.

2. Other powers of local government bodies can be established by the laws of the Kyrgyz Republic.

Article 2. Basic concepts and terms

1. In this Law the following concepts and terms are used:

local community - the citizens of the Kyrgyz Republic who are constantly living in the territory of the ailny district, the settlement, the cities combined by common interests in the decision under the responsibility of questions of local value through representative and executive local government bodies;

the member of local community - the citizen of the Kyrgyz Republic who is constantly living in the territory of administrative and territorial unit, connected with local community common interests in the solution of questions of local value;

the ailny district - administrative and territorial unit in which borders the local community performs local self-government. The Ailny district can consist of one or more ayyl;

municipal property - the property of local communities which is in ownership, use, the order of local government bodies, being source of receipt of the income of local self-government and necessary for implementation of functions of local self-government according to the legislation of the Kyrgyz Republic;

municipal service - the activities of citizens in representative and executive local government bodies performed on professional and paid basis;

questions of local value - the issues of ensuring life activity of the population of the corresponding territory resolved by local government bodies and their officials and also by direct declaration of will of citizens;

local government bodies - the representative, executive and other bodies providing the solution of questions of local value;

representative body of local self-government - the elected collegiate organ of local self-government elected directly by the population of the corresponding administrative and territorial unit and given authority to resolve issues of local value. Representative bodies of local self-government in ailny districts, settlements, the cities and areas are local keneshes;

executive body local самоуправленияорган, created for ensuring preparation and execution of decisions of representative body of local self-government. Executive local government bodies are the city hall, айыл okmota, town and settlement councils;

the elected official of local self-government - the citizen elected directly by the population or the local kenesh;

the mayor of district value - the elected official, the head of town council;

the head of the settlement - the elected official, the head of settlement justice;

the head of the ailny district - the elected official, the head айыл to okmot;

айыл bashchysa - the designated official performing the functions delegated by the decision айыл to okmot;

the mayor - the elected official of the city of republican or regional value, the head of executive local government body;

the city hall - the executive local government body created for ensuring activities of the mayor for realization of functions of executive body of local self-government in the city. Structural and territorial subdivisions are part of city administration;

local public administration - state body of the executive authority in the territory of the area, the area;

descent of citizens - direct form of participation of the population in the solution of questions of local value by their discussion at meetings of the citizens living in the territory of one street, one quarter, the residential district or the village with adoption of recommendations about them or decisions according to the charter of local community;

kurultai - meeting of representatives of local communities for the purpose of discussion of questions, of common interest;

the delegated state powers - the separate state powers delegated to local government bodies according to the procedure, established by this Law;

the charter of local community - the main legal act of local community regulating activities of local government bodies and local community, developed and accepted according to the legislation;

function - the field of activity of public authorities and (or) local government bodies connected with provision of services to the population;

competence - set of legally established rights and obligations of state body or local government body;

powers - the stipulated by the legislation right of public authorities of the Kyrgyz Republic or local government bodies to perform the certain activities directed to execution by them of the functions assigned to them.

SECTION II LOCAL SELF-GOVERNMENT

Chapter 1 Structure and organizational bases of local self-government

Article 3. Local self-government

1. Local self-government - the right guaranteed by the Constitution of the Kyrgyz Republic and the valid capability of local communities to resolve in the interests issues of local value according to the Constitution, this Law and other laws.

2. Local self-government is performed by local communities through representative and executive local government bodies in the territory of the ailny district, the settlement and the city, and also by direct participation of citizens.

Article 4. Right of citizens to implementation of local self-government

1. Citizens have the equal rights to implementation of local self-government as it is direct, and through the representatives, irrespective of floor, race, nationality, language, origin, property and official capacity, the relation to religion, beliefs, belonging to public associations.

2. Citizens have the right to choose and be elected to local government bodies, to address to local government bodies and to their officials, and also to obtain information on activities of local government bodies according to the legislation.

Article 5. System of local self-government

Local self-government bodies and officials of local self-government log in, including local keneshes, heads of ailny districts, settlements and the cities of district value, mayors, executive local government bodies, and also the different types of territorial public self-government created by the population, kurultais and descents of citizens.

Article 6. Forms of implementation of local self-government

1. Local self-government is performed in forms of representative and direct participation of local community in local self-government.

2. Representative participation of local community in implementation of local self-government is implemented through local keneshes.

3. Direct participation of local community in implementation of local self-government is performed by means of discussion of all important issues of local value on descents, meetings of members of local community and other forms, and also on elections of deputies of local keneshes.

Article 7. Municipal service

1. Municipal service is the professional activity of citizens in the local government bodies created according to the Constitution and the legislation of the Kyrgyz Republic connected with execution of powers of these bodies.

2. Citizens of the Kyrgyz Republic have equal access to municipal service irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs.

3. The procedure for the organization and passing of municipal service is regulated by the legislation of the Kyrgyz Republic.

Article 8. State policy in the field of local self-government

1. Public authorities create necessary legal, organizational, material and financial conditions for formation and development of local self-government and render assistance to the population in implementation of the right to local self-government.

2. By preparation and decision making on the questions which are directly infringing on interests of local communities, public authorities hold consultations with local government bodies in the procedure established by the law.

3. Official appeals of local government bodies on the questions which are directly infringing on the interests of local communities sent to public authorities are subject to obligatory consideration on the merits of the questions raised in them.

4. Public authorities exercise control of legality in activities of local government bodies according to the procedure, established by regulatory legal acts.

Article 9. Powers of public authorities in the field of local self-government

1. In the field of local self-government treat powers of public authorities:

1) adoption of the laws in the field of local self-government and control of their observance;

2) adoption of state programs of development of local self-government;

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