NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 11, 2008

according to petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic

Constitutional court of the Kyrgyz Republic in structure: chairman Sydykova S. K., vice-chairman Sutalinov A. A., A.A., Kenensariyev A. S. sudeyabdugaparova., Kurbanova Ch. Dzh., Mamyrova O. Zh., Musabekova Ch. A. and Togoybayeva Zh. Zh.,

court session secretary Umaraliyev S. M.,

with participation of the parties: directors of broadcasting companies "Osh TV" of Hudayberdiyev Halilzhan Tazhibayevich and "TV Meson" of Mirzakhodzhayev Zhavlon Abduraimovich, their representative Saliyev Husanbaya Kadyrzhanovich who is acting on the basis of the powers of attorney of March 20, 2008, the representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov Meder Keneshovich who is acting on the basis of the power of attorney of April 15, 2008, being guided by article 85 of the Constitution of the Kyrgyz Republic, article 13 of the Law "About the Constitutional Court of the Kyrgyz Republic" and article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", considered in proceeding in open court of the petition of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic.

Having heard the report of the judge Mamyrov O. Zh., speeches of directors of broadcasting companies "Osh TV" of Hudayberdiyev H. T. and "TV Meson" of Mirzakhodzhayev Zh. A., their representative Saliyev H. K., representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov M. K. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic arrived on March 31, 2008.

In reasons for petitions the following arguments are specified. Recently from state bodies to their broadcasting companies notes that more than 90% of broadcastings go in Uzbek arrived, than the requirement of article 20 of the Law of the Kyrgyz Republic "About state language", fixed is violated that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language.

Consider that the regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determined that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, contradicts Item 1 of Article 4, to Item 3 of Article 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic and violates their rights of defense of private property, on preserving the native language, creation of condition for its studying and development, on freedom of thought, words and seals, and also on free expression of these thoughts and beliefs that attracts discrimination and infringement of the rights and freedoms based on language.

In judicial session directors of broadcasting companies "Osh TV" and "TV Meson" Hudayberdiyev H. T. and Mirzakhodzhayev Zh. A., and also their representative Saliyev H. K. supported the requirements and declared that agree that part of transfers shall be conducted in state language, but do not agree with the limit of amount of broadcasting established in article 20 of the Law of the Kyrgyz Republic "About state language" and asked to satisfy petitions.

Representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov M. K. did not agree with arguments of petitions and asked to refuse their satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" are not subject to satisfaction on the following bases.

According to Items 1 and 2 of article 1 of the Constitution, the Kyrgyz Republic - the sovereign, unitary, democratic, constitutional, secular, social state. Sovereignty of the Kyrgyz Republic is not limited and extends to all its territory.

One of the main signs of the sovereign state is the state language. Therefore, in Item 1 of article 5 of the Constitution of the Kyrgyz Republic it is fixed that state language of the Kyrgyz Republic is the Kyrgyz language. The state language, its provision, use and development is one of the most important means of strengthening and enhancement of statehood of the Kyrgyz people provided in preamble of the Constitution of the Kyrgyz Republic.

Considering accommodation of representatives of other nationalities in the territory of the Kyrgyz Republic, the Constitution of the Kyrgyz Republic Item 3 of Article 5 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.

For the purpose of implementation of the specified requirements of the Constitution, the disputed provision enshrined in article 20 of the Law of the Kyrgyz Republic "About state language" that broadcasting companies conduct more than a half of the transfers in state language is directed not only to protection of the state language which is one of signs of sovereignty of the Kyrgyz Republic, but also at the same time on providing the rights of representatives of other nationalities of Kyrgyzstan to free use of their native language, creation of conditions for its studying and development, granting the right of broadcasting of half of the transfers in the native language.

The state determines policy, the legal basis of activities of state bodies, television and broadcasting organizations in the field of television and broadcasting. This regulation is based on an equal basis with others on the principles of inadmissibility of abuse of freedom of activities of the television and broadcasting organizations.

Under such circumstances, the Constitutional court of the Kyrgyz Republic considers that the regulation of article 20 of the Law of the Kyrgyz Republic "About state language", obliging messages more than a half of transfers in state language, does not contradict requirements of the Constitution and does not violate the constitutional rights of applicants stated in their petitions. Question of establishment of limits of amount of broadcasting that is actually disputed by applicants, does not enter competence of the Constitutional court and can be resolved in legislative procedure.

Based on stated and being guided by the subitem 1 of Item 3 of article 85 of the Constitution of the Kyrgyz Republic, articles 13 and 14 of the Law "About the Constitutional Court of the Kyrgyz Republic", articles 10, of 11, of 13, of 14, of 24, 25 and 30 Laws "About the Constitutional Legal Proceedings of the Kyrgyz Republic", the Constitutional court of the Kyrgyz Republic

DECIDED:

1. In satisfaction of petitions of limited liability companies of broadcasting companies "Osh TV" and "TV Meson" for recognition of regulation of article 20 of the Law of the Kyrgyz Republic "About state language", determining that broadcasting companies, irrespective of patterns of ownership, conduct more than a half of the transfers in state language, the unconstitutional and contradicting Item 1 Article 4, 5, to Item 3 of Article 13, to Item 6 of article 14 of the Constitution of the Kyrgyz Republic - to refuse to Item 3 of Article.

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

3. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", in the Erkin Too, Tuusu's Kyrgyz and Word of Kyrgyzstan newspapers.

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