LAW OF THE KYRGYZ REPUBLIC

of January 3, 2005 No. 3

About regulations of Jogorku Kenesh of the Kyrgyz Republic

List of amending documents

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 14, 2004

PART ONE

ORGANIZATION AND PROCEDURE FOR ACTIVITIES OF JOGORKU KENESH OF THE KYRGYZ REPUBLIC

SECTION I. GENERAL PROVISIONS

CHAPTER 1. JOGORKU KENESH OF THE KYRGYZ REPUBLIC

Article 1. Jogorku Kenesh - parliament of Kyrgyz Respublikiyavlyaetsya the representative body performing legislature and control functions within the powers.

The Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) consists of 90 deputies elected for a period of five years according to party lists.

The Jogorku Kenesh independently resolves the issues relating to its maintaining according to the Constitution of the Kyrgyz Republic, these Regulations and other regulatory legal acts of the Kyrgyz Republic.

Article 2. Activities of Jogorku Kenesh are based on the principles of publicity, free collective discussion and the solution of questions.

Meetings of Jogorku Kenesh are held openly. In the cases provided by these Regulations, the Jogorku Kenesh has the right to hold closed meetings.

Article 3. The permanent place of stay of Jogorku Kenesh is the capital of the Kyrgyz Republic - the city of Bishkek.

The Jogorku Kenesh is placed in the building which is in state-owned property. On the building of Jogorku Kenesh National flag and the State Emblem of the Kyrgyz Republic are hung out.

Placement in the Jogorku Kenesh building, rooms, constructions, in the territory, being under authority of Jogorku Kenesh, other organizations and organizations except for providing activities of Jogorku Kenesh is not allowed.

The Jogorku Kenesh building, and also Altyn-Kul boarding houses and the Motor transportation company of Jogorku Kenesh which are under authority of Jogorku Kenesh are objects of the state importance with regime nature.

Safety of the building of Jogorku Kenesh and the territory adjoining to it, the territories of Altyn-Kul boarding house and Motor transportation company of Jogorku Kenesh, and also persons which are in buildings and in the territories of the specified objects, is performed by security service.

The procedure for stay and stay in buildings and in the territories of Jogorku Kenesh, Altyn-Kul boarding house and Motor transportation company of Jogorku Kenesh is regulated by provisions.

CHAPTER 2. POWERS OF JOGORKU KENESH

Article 4. Treat maintaining Jogorku Kenesh:

1) modification and amendments in the Constitution of the Kyrgyz Republic in the procedure established by the Constitution of the Kyrgyz Republic;

2) adoption of the laws;

3) official interpretation of the laws adopted by it;

4) change of borders of the Kyrgyz Republic;

5) approval of the republican budget and report on its execution, brought by the Government of the Kyrgyz Republic;

6) solution of questions of the administrative-territorial device of the Kyrgyz Republic;

7) calling of an election of the President of the Kyrgyz Republic;

8) approval of the nation-wide programs of social and economic development introduced by the Government of the Kyrgyz Republic;

9) approval of structure of the Government of the Kyrgyz Republic on representation of the Prime Minister of the Kyrgyz Republic;

10) expression of mistrust to the Government of the Kyrgyz Republic, the certain member of the government of the Kyrgyz Republic in the cases provided by the Constitution of the Kyrgyz Republic;

11) election and dismissal on representation of the President of the Kyrgyz Republic of judges of the Constitutional court of the Kyrgyz Republic;

12) election and dismissal on representation of the President of the Kyrgyz Republic of judges of the Supreme Court of the Kyrgyz Republic;

13) hearing of messages and statements of the President of the Kyrgyz Republic;

14) consent on appointment of the Attorney-General of the Kyrgyz Republic; consent on attraction it to the criminal and administrative responsibility imposed judicially;

15) election on representation of the President of the Kyrgyz Republic of the chairman of National Bank of the Kyrgyz Republic;

16) consent on appointment of the chairman of the Central commission on elections and holding referenda of the Kyrgyz Republic;

17) election of half of structure of the Central commission on elections and holding referenda of the Kyrgyz Republic; release them from position according to the procedure and the cases provided by the law;

18) election and dismissal on representation of the President of the Kyrgyz Republic of the chairman of Audit Chamber of the Kyrgyz Republic;

19) election and release on representation of the President of the Kyrgyz Republic of all list of auditors of Audit Chamber of the Kyrgyz Republic;

20) election and dismissal of the Ombudsman (Акыйкатчы) Kyrgyz Republic; consent on attraction it to the criminal and administrative responsibility imposed judicially;

21) election and dismissal on representation of the Ombudsman (Акыйкатчы) the Kyrgyz Republic of Deputy Ombudsmen (Акыйкатчы); consent on attraction them to the criminal and administrative responsibility imposed judicially;

22) ratification and denouncement of international treaties according to the procedure, determined by the law;

23) introduction of emergency state, approval or cancellation of presidential decrees of the Kyrgyz Republic on this matter;

24) solution of questions of war and peace; introduction of warlike situation, announcement of state of war, approval or cancellation of presidential decrees of the Kyrgyz Republic on this matter;

25) the solution of question of possibility of use of Armed Forces of the Kyrgyz Republic beyond its limits in need of accomplishment of interstate contractual commitments on peacekeeping and safety;

26) establishment of military ranks, diplomatic ranks, class ranks and other special ranks of the Kyrgyz Republic;

27) organization of the state awards and honorary titles of the Kyrgyz Republic;

28) publication of acts of amnesty;

29) hearing of speeches of heads and other representatives of foreign states, international organizations;

30) hearing of annual reports of chairmen of the Constitutional court of the Kyrgyz Republic, Supreme Court of the Kyrgyz Republic, Ombudsman (Акыйкатчы) Kyrgyz Republic;

31) hearing of annual reports of the Prime Minister of the Kyrgyz Republic on work of the Government of the Kyrgyz Republic, Attorney-General of the Kyrgyz Republic, chairman of National Bank of the Kyrgyz Republic, chairman of Audit Chamber of the Kyrgyz Republic;

32) promotion of accusation against the President of the Kyrgyz Republic; dismissal of the President of the Kyrgyz Republic from position.

Hearing of annual reports and reports of the officials specified in this Article is performed taking into account provisions of the Constitution of the Kyrgyz Republic and the laws on independence and independence of the relevant state bodies and their officials.

Acts of Jogorku Kenesh are adopted in the form of the laws and resolutions. The Jogorku Kenesh on the questions provided by Items 1, 3 - 6, 9, 22 - 28 parts one of this Article, adopts the laws, on other questions, including control of execution of the laws, accepts resolutions. The Jogorku Kenesh has the right to make statements and addresses accepted in the form of the resolution.

The Jogorku Kenesh performs other powers provided by the Constitution of the Kyrgyz Republic and the laws of the Kyrgyz Republic.

SECTION II. STRUCTURE AND BODIES OF JOGORKU KENESH

CHAPTER 3. TORAGA OF JOGORKU KENESH AND DEPUTIES OF THE TORAG OF JOGORKU KENESH

Article 5. The Jogorku Kenesh chooses from the structure Toraga of Jogorku Kenesh, deputies of Toraga of Jogorku Kenesh by a majority vote from total number of deputies according to the procedure established by these Regulations.

Article 6. Toraga of Jogorku Kenesh:

1) conducts meetings of Jogorku Kenesh;

2) performs the common directorship of preparation of questions for consideration at meetings of Jogorku Kenesh;

3) signs the acts adopted by Jogorku Kenesh;

4) is represented by Jogorku Kenesh in the Kyrgyz Republic and beyond its limits, provides interaction of Jogorku Kenesh with the President of the Kyrgyz Republic, the Government of the Kyrgyz Republic, bodies of executive and judicial branches of the government, local government bodies;

5) performs the common directorship and control of activities of the Office of Jogorku Kenesh, publishes the corresponding orders;

6) is approved by regulations on document flow of Jogorku Kenesh;

7) convenes the extraordinary sessions of Jogorku Kenesh according to the proposal of the President of the Kyrgyz Republic, the Government of the Kyrgyz Republic or at least one third of deputies of Jogorku Kenesh;

8) controls execution by deputies of Toraga of Jogorku Kenesh and chairmen of committees of Jogorku Kenesh of their job responsibilities;

9) publishes orders about business trips of officials of Jogorku Kenesh, approves reports on the work performed in business trip or assigns this function at discretion to one of deputies of Toraga;

10) carries out orders of Jogorku Kenesh;

11) sends the bills and materials introduced in Jogorku Kenesh for consideration to committees according to questions of their maintaining and deputy fractions;

Appoints 12) and dismisses the Head and deputy managers of the Device Managing affairs and deputy managers of cases of Jogorku Kenesh;

Appoints 13) and dismisses according to the current legislation of the Kyrgyz Republic:

heads of structural divisions of the Office of Jogorku Kenesh and their deputies for representation of the Chief of staff, Administration on representation of the Jogorku Kenesh Managing affairs;

heads of departments of committees and their deputies for representation of the Chief of staff and approval of chairmen of the relevant committees;

heads of departments (sectors) of deputy fractions of representation of leaders of the relevant deputy fractions.

14) disposes of the funds allocated to Jogorku Kenesh according to the approved budget and expense budget of Jogorku Kenesh;

15) takes measures for protection, honor and dignity protection of Jogorku Kenesh and its bodies;

16) ensures safety of Jogorku Kenesh;

17) is provided by observance of the schedule and schedule of work of Jogorku Kenesh;

18) holds coordination meeting for project development of the general program of work of Jogorku Kenesh, creation of calendar of the questions which are subject to consideration at meeting of Jogorku Kenesh in the next month;

19) resolves issues of use of rooms, constructions, the equipment, transport, and also the territories which are under authority of Jogorku Kenesh;

20) exercises control over the implementation of the accepted resolutions of Jogorku Kenesh;

21) provides project development of expense budget of Jogorku Kenesh and not later than 3 months before the termination of fiscal year submits it Jogorku Kenesh;

22) not later than in one and a half months after the termination of fiscal year is submited Jogorku Kenesh by the detailed written report about expenses of Jogorku Kenesh for the expired year and about their compliance to the approved expense budget of Jogorku Kenesh or departure from it;

23) on the basis of the conclusions (decisions) of committees of Jogorku Kenesh returns to persons of law of the legislative initiative the bills introduced in Jogorku Kenesh if requirements of these Regulations imposed to the introduced bills are not fulfilled;

24) for the purpose of assistance to the deputy fractions registered in Jogorku Kenesh in implementation of their functions determined by these Regulations is provided to them rooms, by the necessary equipment, assigns to them the corresponding personnel which enjoy their confidence;

25) performs other powers on the organization of activities of Jogorku Kenesh.

Orders of Toraga of Jogorku Kenesh can be changed, added, cancelled by the decision of Jogorku Kenesh made by a majority vote deputies from their total number.

Toraga of Jogorku Kenesh it is accountable to Jogorku Kenesh and annually submits to Jogorku Kenesh the report on the activities, the organization of work of Jogorku Kenesh and the Office of Jogorku Kenesh.

The Toraga creates equal opportunities to deputy fractions for participation in discussion of questions according to provisions of these Regulations.

The Toraga of Jogorku Kenesh during the meeting of Jogorku Kenesh is guided by the Constitution of the Kyrgyz Republic and these Regulations. Out of meetings of Jogorku Kenesh of Toraga shall participate in activities of deputy fraction which member he is, and submits to fractional discipline.

Article 7. Deputies of Toraga of Jogorku Kenesh replace Toraga of Jogorku Kenesh in its absence, at the request of Toraga of Jogorku Kenesh conduct meetings of Jogorku Kenesh, perform separate functions according to distribution of obligations between them.

CHAPTER 4. COMMITTEES AND TEMPORARY COMMISSIONS OF JOGORKU KENESH

Article 8. The Jogorku Kenesh from among the deputies forms committees of Jogorku Kenesh. The minimum quantitative structure of committees of Jogorku Kenesh shall constitute at least three deputies.

Offers on number of committees of Jogorku Kenesh, questions of their maintaining, and also on their structures, bring deputy fractions.

The resolution on formation of committees of Jogorku Kenesh with determination of questions of their maintaining, is accepted by the majority from total number of deputies of Jogorku Kenesh.

Article 9. Committees of Jogorku Kenesh on the questions carried to their maintaining:

1) perform preparation and preliminary consideration of bills and no later than monthly term submit them for consideration of meeting of Jogorku Kenesh with the conclusion;

2) will be organized by the parliamentary hearings which are carried out by Jogorku Kenesh;

3) control carrying out in life of the laws and the decisions made by Jogorku Kenesh and its committees;

4) also offers on appropriate sections of the draft of the republican budget draw the conclusions;

5) the organizations of the activities resolve issues;

6) hear heads of state bodies, organizations, departments and the organizations of the executive authority for the questions relating to their maintaining;

7) make offers of Toraga of Jogorku Kenesh concerning transfer of cases in point for discussion in other committee;

8) represent the opinion on the question considered by other committee;

9) consider other questions, stipulated by the legislation.

The appointment and election of officials referred to powers of Jogorku Kenesh consent of Jogorku Kenesh are made for appointment to the state positions and dismissal in the presence of the conclusion of the relevant committees of Jogorku Kenesh.

Article 10. The Jogorku Kenesh can create the temporary commissions (further - the commissions) for the solution of the single questions carried to competence of Jogorku Kenesh.

The procedure for the organization and activities of the commissions is established by these Regulations and resolutions of Jogorku Kenesh.

Article 11. The deputy of Jogorku Kenesh shall be present at committee meetings, the commission which member he is.

In committee meeting, the commissions the deputies of Jogorku Kenesh who are not their part can take part with the right of advisory vote.

Article 12. On committee meetings, the commissions the plenipotentiary of the President of the Kyrgyz Republic, the special representative of the President of the Kyrgyz Republic, the permanent representative of the Government of the Kyrgyz Republic, members of the government of the Kyrgyz Republic, and also representatives of persons of law of the legislative initiative whose bills are considered on committee meetings has the right to be present.

On committee meetings, the commissions experts, representatives of the interested state bodies, political parties, public associations, and also mass media can be invited.

Article 13. Committees, the commissions have the right to request from the public authorities, the companies having the state ownership ratio, organizations, the organizations the documents and materials necessary for their activities and also to invite their officials to the meetings.

State bodies and local government bodies, the state and municipal organizations, the companies and organizations, and also other legal entities having the state or municipal ownership ratio and their officials shall provide to committees and the commissions of Jogorku Kenesh the documents and materials requested by them in a month.

Article 14. Committees and the commissions of Jogorku Kenesh on all questions of the competence make the decisions having binding or advisory nature.

State bodies, local government bodies, the state and municipal organizations, the companies and organizations, and also other legal entities with the state or municipal ownership ratio who received decisions of committees and commissions of Jogorku Kenesh shall consider them. About results of consideration or about the taken measures it shall be reported to committees and the commissions of Jogorku Kenesh no later than month or during other term established by committees and the commissions of Jogorku Kenesh.

Article 15. In cases of detection by committees of Jogorku Kenesh of violations of the laws or other regulatory legal acts which can do harm to the rights and interests of citizens if they are not eliminated without delay, the decision on elimination of these violations having binding character is passed.

In the decision the law or other regulatory legal act which provisions are broken nature of these violations and specific proposals on their elimination shall be specified.

The decision of committee and the commissions of Jogorku Kenesh, commission goes to body or the official who allowed violation of the law or other regulatory legal act or body, higher according to the procedure of subordination, or the official, competent to eliminate the allowed violations.

Decisions of committees and commissions of Jogorku Kenesh, the commissions are subject to immediate consideration. About results of consideration the motivated answer is given to the relevant committees, the commissions.

If decisions of committees and commissions of Jogorku Kenesh on elimination of violations of the laws or regulatory legal acts are not carried out or is inadequate are carried out by state body, local government body or their official, committees and the commissions of Jogorku Kenesh recommend to higher state body to eliminate violations and petition for involvement of the official to responsibility according to the current legislation.

If also the higher body will not take adequate measures on elimination of violations of the laws or regulatory legal acts, committees and the commissions of Jogorku Kenesh have the right to carry out parliamentary hearing at which the decision on the direction in the Prosecutor General's Office of the Kyrgyz Republic of representation on person which allowed violation of the laws or regulatory legal acts can be made.

In this case higher body or the official within a month reports in the relevant committees and the commissions of Jogorku Kenesh about the made decision.

Article 16. Committees of Jogorku Kenesh for the purpose of implementation of the control powers have the right to address to any state body, local government body and to any official of the Kyrgyz Republic on the facts of violation or failure to carry out of provisions of the laws or other acts of Jogorku Kenesh, and also on other questions having the state and social significance.

When checking execution of the laws and acts of Jogorku Kenesh committees and the commissions of Jogorku Kenesh have the right to recruit in the events of representatives of the state bodies equipped with control and supervising functions held by them and also non-state auditing services, certain specialists.

State bodies, local government bodies, the companies, organizations, the organizations, irrespective of patterns of ownership, and their officials shall provide to committees and the commissions of Jogorku Kenesh the documents requested by them, materials, information taking into account other secret protected by the law state and protected by the law and to render assistance in their activities.

CHAPTER 5. DEPUTY FRACTIONS

Article 17. Deputy fraction - the consolidation of deputies of Jogorku Kenesh created from among deputies, the elected to Jogorku Kenesh according to the list of political party (i.e. on party basis).

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