Law Techniques of Kyrgyz Republic

Law Techniques

Lawmaking - one of the most important functions of the state. It is a type of the state activity by means of which the will of a certain group of people is erected in a rank of the law and it is expressed in rule of law in a concrete source of the right.

The law is the regulatory legal act adopted according to the established procedure Zhogorka Kenesh of the Kyrgyz Republic or by a referendum and regulating the major questions of the state and public life (according to the Law KR «About regulatory legal acts of the Kyrgyz Republic»). The law text - result of the most difficult informative process including development of the concept of the law, its preparation and expert check, completion and, at last, consideration and approval by the appropriate representative body. The specified complexity and multigradualness of procedure is urged to serve as a quality assurance, efficiency, effectiveness of the new legal act.

Right creativity is a difficult process of creation of rules of law.

Essentially important type of right creativity is people right creativity in the form of a referendum.

In the Constitution of the Kyrgyz Republic it is fixed that the people of Kyrgyzstan are the carrier of the sovereignty and the unique source of the government in the Kyrgyz Republic. It means that all constitutional competences of the government (legislative, executive and judicial) in Kyrgyzstan proceed from the people through his freely expressed will.

The people of Kyrgyzstan carry out the power directly on elections and referenda, and also through system of state authorities and local governments on the basis of the present Constitution and laws.

Such direct implementation of the power by the people gives also the greatest authority to the decisions accepted on a referendum. The role of parliaments, the governments, political public associations is thus limited to preparation, discussion, participation in procedure of preliminary approval of the project for its removal at a referendum.

The organisation of referenda in the Kyrgyz Republic is regulated by the Law «About a referendum in the Kyrgyz Republic»

Bases of the legislative process which participants are legal entities of a legislative initiative are regulated by chapter third of the section of the fourth Constitution of the Kyrgyz Republic.

The right of a legislative initiative belongs:

1. To 10 thousand voters (popular initiative);
2. to the deputy Zhogorka Kenesh;
3. To the government.

One of the main functions Zhogorka Kenesh of the Kyrgyz Republic (parliament) - the highest representative and KR legislature - is adoption of laws. To it testify KR legislation ( Constitution )

The procedure of zakonoproyektny activity of the Government is regulated in details by Regulations of the Government which has been confirmed by the resolution of the government of the Kyrgyz Republic from 1/26/2011 of No. 28.