Features - Overview of the Legal System of the Kyrgyz Republic and Web ResourcesBy Sania Battalova, Published on March 18, 2002
Sania Battalova is the information and computer technology specialist of the Library Center for Legal Information of the National Library of Kyrgyz Republic in Bishkek. She holds an M.S. degree from the Kyrgyz Technical University - the Faculty of Automating Systems and Operation. She is presently enrolled in the Institute of Management and Business. Sania is the first recipient of AALL FCIL-SIS Ellen Schaffer Foreign Librarian's Grant (2001).
Kyrgyzstan is a mountainous country in the hart of Central Asia on a territory of 198,500 kilometers. The population of Kyrgyzstan is 4,822,900. From this number, the indigenous population (Kyrgyz) accounts about 3,128,000 people. The urban population is 34%, while the rural population is 65% (1999 census). According to the administrative-territorial system, there are 7 oblasts (provinces) in Kyrgyzstan. Every oblast has several districts. There are 40 administrative districts and 22 cities. The capital of Kyrgyzstan is Bishkek. Kyrgyzstan was annexed by Russia in 1864. It achieved independence from the Soviet Union in August 31, 1991. Current concerns include privatization of state-owned enterprises, expansion of democracy and political freedoms, inter-ethnic relations. Kyrgyz is the official language of the country, as well as Russian (http://www.abyznewslinks.com/kyrgy.htm).
The independence of the state power within the country and the independence from other states were confirmed by the Constitution of the Kyrgyz Republic on May 5, 1993. According to the Constitution, the Kyrgyz Republic is a sovereign, unitary and democratic republic and it is based on the principles of a secular state. The people of Kyrgyzstan are the sovereignty bearer and the only source of the state power.
The State Structure
The basic principles of the state structure of the Kyrgyz Republic are defined by the Constitution of the Kyrgyz Republic adopted on 12th session of the Supreme Soviet on May 5, 1993. Amendments and other additions were made by the Law of the KR: On making amendments and additions to the Constitution of the Kyrgy zRepublic of February 17, 1996. J ogorku Kenesh, the parliament of the Kyrgyz Republic, is the representative body exercising the legislative power in the country. Jogorku Kenesh consists of two chambers: the Legislative Assembly and the People’s Assembly. The deputies of both chambers are elected for five years. The powers of the deputies of Jogorku Kenesh are defined by the Constitution of the KR (Articles 58-63).
The President of the Kyrgyz Republic is the head of the state, the supreme official and the head of the executive power in the Kyrgyz Republic, as well as the commander-in-chief of the armed forces.
The President of the KR is elected for five years. The President of the KR defines the government structure, exercises control over the work of the government, appoints the Prime Minister of the country with the approval of the People’s Assembly, submits legislation to the Jogorku Kenesh, signs laws or returns them with his objections, publicizes laws, has the right to veto laws and international agreements ratified by the Kyrgyz Republic at the Constitutional Court, has the right to suspend or cancel the effect of acts of the government of the KR, appoints elections to both chambers of the parliament, as well as to local authorities, forms and heads the National Security Council of the KR.
With the approval of the People’s Assembly, the President appoints the General Prosecutor of the KR, and the Chairman of the Board of the National Bank of the KR. The President of the KR has the right to publish decrees and orders which have the force of law. The executive power in the country is exercised by the government of the Kyrgyz Republic, its ministries, state committees, administrative departments, and local state administrations.
The government of the Kyrgyz Republic is the supreme body of the executive state power. The Prime Minister of the Kyrgyz Republic leads the activity of the government of the Kyrgyz Republic. The Prime Minister is appointed by the President of the Kyrgyz Republic on the approval of the People’s Assembly. The Government of the Kyrgyz Republic approves the republic’s budget and ensures its implementation, propose tax and price policies, takes measures to provide the legality, the rights and the freedom of citizens.
The Legal System of Kyrgyzstan
The legal system of the Kyrgyz Republic was shaped and developed within the framework of the Soviet state law. The legal system of Kyrgyzstan after acquiring independence has some features of the French legal system (as regards the state structure), as well as the legal system of the Russian Federation. The first part of the Civil Code of the Kyrgyz Republic came into force on May 8, 1996 replacing the previous Civil Code of the Kirghiz Soviet Socialist Republic dated 30.07.1964. The second part of the Civil Code of the KR came into force on January 5, 1998.
The New Civil Code of the Kyrgyz Republic consists of the following divisions: general statements and regulations of civil-legal relationships; the law of property and other proprietary interests; obligatory rights including separate kinds of insurance; the law of intellectual property; inheritance law; application of norms of international and private law to civil and legal relationships.
Official texts of normative acts (laws and other legal acts) are published in two official newspapers: "Erkin too" ("Svobodnie gory") (in Kyrgy zand Russian) and "Slovo Kyrgyzstana" (in Russian). Codes are officially published in the government's Bulletin "Vedomosti Jogorku Kenesha". All information in Kyrgyz databases is in Russian.
The Judicial System
The administration of justice in Kyrgyzstan is exercised only by courts. The courts of the Kyrgyz Republic are:
- The Constitution Court of the Kyrgyz Republic is the supreme body of the judicial power for protecting the Constitution of the Kyrgyz Republic. It determines unconstitutional laws and other acts, cancels the effect of normative and other acts that are recognized unconstitutional
- The Supreme Court of the Kyrgyz Republic is the supreme body of judicial power in the sphere of civil, criminal and administrative legal proceedings and exercises supervision over the judicial activity of oblast, city, district and military courts of the Republic
- The Supreme Arbitrage of the Kyrgyz Republic and arbitration courts of oblasts compose the unified system of arbitration courts. They settle disputes between economic entities based on different forms of property, arising in the economic sphere and in the process of management. - The local courts (oblast, the capitals, district, city, military courts).
It is regulated by the Laws of the KR On General Foundations of Denationalization, Privatization and Entrepreneurship in the Republic of Kyrgyzstan of December 20, 1991 with amendments and additions and On Protection of Entrepreneurs Rights of 1 February 2001. The licensing of free enterprise and other activity is regulated by the Law of the Kyrgy zRepublic On Licensing Activity of 3 March 1997 (with amendments and addictions as of June 12, 2001); state registration of juridical persons is regulated by the Law of the KR of July 12, 1996 On State Registration of Juridical Persons (the edition of November 27, 1999).
Banking activity in the KR is regulated by the Law of the Kyrgyz Republic On Banks and Banking Activity of July 29, 1997 and the Law of the Kyrgyz Republic On the National Bank of the Kyrgyz Republic of July 29, 1997.
It is regulated by the Civil Code of the KR as regarding to a commercial contract and by the Labor Code of the KR as regarding a work contract.
The issues of the establishment and activity of insurance organizations, as well as accounting, reporting on insurance organizations and the state supervision of their activity is regulated by the Law of the KR On the Organization of Insurance in the Kyrgyz Republic of July 23, 1998 and also by the Civil Law of the KR (Part 2, Chapter 46).
The obligatory law of the Kyrgyz Republic is regulated by the Civil Code of the KR (parts 1 and 2) in Division III (Obligatory Law) and Division IV (Special kinds of obligations).
The Decree of the President of the Kyrgyz Republic On the Kyrgyz Republican Copyright Agency of 16 July 1992 began a reform in the sphere of the protection of rights and intellectual property in the Kyrgyz Republic. In 1995 the Department of Intellectual Property was established at the Ministry of Education and Science of the Kyrgyz Republic - Kyrgyzpatent (The Rules of the Department of Intellectual Property of the Ministry of Education and Science of the Kyrgyz Republic of August 29,1995). In 1996, Kyrgyzpatent went over under the jurisdiction of the government of the Kyrgyz Republic. At present, the Regulation of the Government of the Kyrgyz Republic of March 15, 2001 On the State Agency for Science and Intellectual Property at the Government of the Kyrgyz Republic is effective.
The Labor Code of the Kyrgyz Republic adopted on October 4, 1997 regulates relations in the sphere of labor law. Both the Law On the Promotion of the Employment of the Population of July 27, 1998, and the Law of the Kyrgy zRepublic On Protection of Labor of February 27, 1992 are effective in the country.
Law of Property
Property relations in the Kyrgyz Republic are regulated by the Constitution of the KR, the Civil Code of the KR, and also by the following standard acts: the Law of the KR On the Denationalization and Privatization of State Property in the Kyrgyz Republic of December 20, 1991.
According to the effective legislation of the Kyrgyz Republic there are standard acts determining law guaranties. The Law On the Commodity Exchange and Exchange Trade of June 29, 1992 creates law guaranties for trading and mediation activity of the Exchange. The Laws of the Kyrgyz Republic On Foreign Investments in the Kyrgyz Republic of September 24,1997 and On Concessions and Foreign Concession Enterprises in the Republic of Kyrgyzstan of March 6, 1992 specify guaranties for foreign investors and concessionaires. The Laws of the Kyrgyz Republic On General Foundations of Denationalization, Privatization and Entrepreneurship in the Republic of Kyrgyzstan of December 20, 1991 and the Law of the Kyrgyz Republic On the Protection of Entrepreneurs Rights of February 1, 2001 guarantee the protection of entrepreneurs rights as well as equal opportunities of using financial, labor, natural, information and intellectual resources irrespective of the form of free enterprise and ownership.
The taxation policy on the territory of the Kyrgyz Republic is carried out by the government of the Kyrgyz Republic. Taxes are imposed by Jogorku Kenesh of the Kyrgyz Republic and local state administration bodies in accordance with the legislation. The unified application of tax legislation is ensured by the Ministry of Finance of the Kyrgyz Republic. The Tax Law of the Kyrgyz Republic has been effective since June 26, 1996. It is a code of laws concerning all taxes, their administration, and tax activities of taxpayers on the territory of the Kyrgyz Republic except customs duties, customs fees and payments regulated by the customs legislation. The statements of the Tax Code are applied to all taxes coming into effect under this Code. The basic excise tax rates are specified by the Law of the Kyrgyz Republic of July 8, 1999 and March 24, 2001 On the Basic Excise Tax Rates on the Commodities that are Subject to Excise and Are Imported or Produced by Legal and Physical Persons in the Kyrgy zRepublic.
- The Kyrgyz Republic official Website -- Information about the President of Kyrgyz Republic, Parliament, Government, Ministries (in Russian).
- The Kyrgyz Republic Vice Prime Minister site -- Offers the information about Kyrgyzstan, (legal database in English).
- Political and law resources of Kyrgyzstan in Net: The Constitution, the President of Kyrgyz Republic, the Parliament, the Government, Ministries and other official information and commentaries (in Russian).
- Comprehensive information on Kyrgyzstan (English, Russian): news, statement, political system, constitution.
- Databases of legislation of Kyrgyz Republic:
- http://toktom.kg – All legislation of Kyrgyz Republic in Russian and English. Can be using free of charge in part «Свод законов Кыргызской Республики». This part consists of full texts of basic laws of Kyrgyzstan in English (“Legislation in English”). For access to free-of-charge documents you must go to "Toktom FHJ*,>H (student)". You have a chance to search full texts of laws by keywords. You also can use a special form for searching where you can fill in criteria of selecting a document. After that you receive a list of selected documents and choose one that you need.
- http://www.adviser.kg/arxiv/date.html -- fee-based database in Russian. You can get free-of -charge last months' documents.