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Name of the Kyrgyz Republic

DECISION OF THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of February 14, 2018

On the case of check of constitutionality of Items 1-4 of part 4 of article 19 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities" in connection with the address of Akyykatchy (Ombudsman) of the Kyrgyz Republic

The constitutional chamber of the Supreme Court of the Kyrgyz Republic in structure:

the chairman - the judge Mamyrov E. T., judges Abdiyev K., Aydarbekova Ch. A., Bobukeeva M. R., Kasymaliyev M. Sh., Narynbekova A. O., Oskonbayeva E. Zh., Osmonova Ch. O., Saalayev Zh. I.,

in case of the secretary Ablakimov K. A.,

with participation:

the addressing party - Aralbayev Urmat Sagynaliyevich, the representative Akyykatchy (Ombudsman) of the Kyrgyz Republic by proxy;

the defendant party - Beyshenbek of Camila's kyza, Orozobek to Maksat's uul, representatives of Jogorku Kenesh of the Kyrgyz Republic by proxy and Abdullaev Ravshan Bakhtiyarovich, the representative of the Government of the Kyrgyz Republic by proxy;

other persons - Kasymbekov Nurbek Aytyevich, the permanent representative of the President of the Kyrgyz Republic in the Constitutional chamber of the Supreme Court of the Kyrgyz Republic, Shukurbekov Azizbek Sharipovich, the representative of the Prosecutor General's Office of the Kyrgyz Republic by proxy, Arzymatov Zhenishbek Nuretovich and Zhumazayeva Gulzat Satyvaldiyevny, representatives of Legal profession of the Kyrgyz Republic by proxy,

being guided by parts 1 and 6 of article 97 of the Constitution of the Kyrgyz Republic, Articles 4, of 18, of 19, 37 and 42 constitutional Laws "About the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic",

considered in proceeding in open court case on check of constitutionality of Items 1-4 of part 4 of article 19 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities".

Reason for consideration of this case was representation of Akyykatchy (Ombudsman) of the Kyrgyz Republic.

The found uncertainty in question of formed the basis to consideration whether there correspond Constitutions of the Kyrgyz Republic Items 1-4 of part 4 of article 19 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities".

Having heard information of the judge-speaker Oskonbayev E. Zh., the case which was carrying out preparation for judicial session and having researched the provided materials, the Constitutional chamber of the Supreme Court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional chamber of the Supreme Court of the Kyrgyz Republic idea of Akyykatchy (Ombudsman) of the Kyrgyz Republic of recognition of Items 1-4 of part 4 of article 19 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities" contradicting the paragraph to the second part 2, of part 3 of article 16 of the Constitution of the Kyrgyz Republic arrived on August 25, 2017.

In the petition the addressing party notes that part 4 of article 19 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities" provides release from passing the qualification examination necessary for receipt of the license for the occupation right lawyer activities, persons having five-year length of service in investigative divisions of law enforcement agencies as the judge, in departments of offices of the President, Jogorku Kenesh, the Government on the positions requiring availability of the higher legal education and also as the deputy of the Jogorku Kenesh having the higher legal education.

Considers Akyykatch (Ombudsman) of the Kyrgyz Republic that release of the above-stated persons from passing qualification examination has under itself no objective reasons. According to the legislation of the Kyrgyz Republic the lawyer license is necessary for representation of interests of participants of process within criminal trial, in other types of legal proceedings availability properly suffices drawn-up power of attorney. In this connection the addressing party believes that the legislator provided possibility of release from passing qualification examination of persons having five-year length of service on judgeships and the staff of investigative divisions of law enforcement agencies taking into account knowledge and skills acquired by them within five years of practical activities in the sphere of human rights protection in criminal procedure. Then it is not possible to determine on what basis are exempted from passing qualification examination of person, 4 parts 4 of article 19 of the Law of the Kyrgyz Republic specified in Items 3, "About Legal profession of the Kyrgyz Republic and lawyer activities" when this category of persons, owing to the job responsibilities, cannot have proper experience in the sphere of criminal trial.

In too time the addressing party notes that persons having five-year length of service as the judge or the investigator if they seize knowledge and skills in the sphere of human rights protection in criminal procedure in sufficient amount could confirm without difficulties the knowledge and skills by passing qualification examination in generally established procedure. At the same time pays attention that not all judges are involved in criminal trial.

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