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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 8, 2017 No. 731

About questions of interaction of state bodies on consideration of messages and decisions of United Nations Human Rights Treaty Bodies

(as amended of the Order of the Government of the Kyrgyz Republic of 19.02.2019 No. 57)

For the purpose of streamlining and enhancement of the mechanism of consideration of individual claims (messages) and decisions (reasons) of United Nations Human Rights Treaty Bodies, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on order of interaction of state bodies on consideration of messages and decisions of United Nations Human Rights Treaty Bodies according to appendix.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on Coordination council on human rights under the Government of the Kyrgyz Republic" of March 17, 2014 No. 155 the following change:

in Regulations on Coordination council on human rights under the Government of the Kyrgyz Republic approved by the above-stated resolution:

- add Item 12 with the paragraph of the following content:

"-forms the working groups on consideration of messages and claims of citizens sent to Council.".

3. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

S. Isakov

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of November 8, 2017 No. 731

Regulations on order of interaction of state bodies on consideration of messages and decisions of United Nations Human Rights Treaty Bodies

1. General provisions

1. This Provision is developed according to the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic and governs the relations arising in connection with obligations of the state on providing decisions of United Nations Human Rights Treaty Bodies.

This Provision regulates order of interaction between state bodies in case of receipt of the individual message.

2. In this Provision the following main determinations are used:

United Nations Human Rights Treaty Bodies - the international bodies of the UN which functions provide control of execution of international treaties on human rights which competence is recognized as the Kyrgyz Republic according to the become effective international treaty.

To United Nations Human Rights Treaty Bodies which competence includes consideration of individual messages on human rights violation it is recognized as the Kyrgyz Republic, the UN committee on human rights and UN committee on liquidation of discrimination against women belong. At the same time functions of the special rapporteur are conducting communications with the state concerning execution of reasons of United Nations Human Rights Treaty Bodies.

The message (the individual claim / application) - the written address of person which is under jurisdiction of the Kyrgyz Republic with the claim to violation by the Kyrgyz Republic any of the rights stated in international treaties which participant is the Kyrgyz Republic in United Nations Human Rights Treaty Bodies which competence to accept and consider such addresses it is recognized as the Kyrgyz Republic according to the become effective international treaty.

The message acceptability - the requirement of observance of the formal conditions necessary for registration and consideration of the message by United Nations Human Rights Treaty Body.

Being of the message - content on the basis of which United Nations Human Rights Treaty Bodies makes the decision on whether the rights of the expected victim - the applicant according to the international treaty on human rights were violated.

The applicant - person who made the message, the individual complaint in United Nations Human Rights Treaty Body (the expected victim of human rights violations, his representative).

The decision of United Nations Human Rights Treaty Bodies - the act of United Nations Human Rights Treaty Bodies adopted on the substance of the message in the form of the decision or reason.

2. Order of interaction with United Nations Human Rights Treaty Bodies

3. The message which arrived in the Ministry of Foreign Affairs of the Kyrgyz Republic goes to the Secretariat of Coordination council on human rights under the Government of the Kyrgyz Republic (further - the Secretariat) no later than ten working days from the date of receipt of the message (the individual claim / application).

Aggregate term by determination of line item on the acceptability or unacceptability of the message from the date of its receipt in the Ministry of Foreign Affairs of the Kyrgyz Republic and direction of official position of the state in United Nations Human Rights Treaty Bodies shall not exceed two months.

4. The secretariat in case of receipt of each message (the individual claim / application) within five working days sends the letter (proceeding from claim essence) to the relevant state bodies about provision of candidates for forming of working group.

The relevant state bodies within three working days make to the Secretariat nominations for inclusion in structure of the working group.

Within ten working days the Secretariat prepares the draft decision about formation of working group for studying regarding its compliance to eligibility criterions and on the substance of the message (the individual claim / application) in which including the term of provision of the draft of the reasonable answer of the Kyrgyz Republic on line items of acceptability/unacceptability is provided and submits it for approval to the chairman of Coordination council on human rights under the Government of the Kyrgyz Republic (further - Coordination council).

At the same time for the purpose of coordination of activities of working group in the decision of the chairman of Coordination council the responsible state body is determined.

State bodies - members of Coordination council determine responsible persons for ensuring interaction with the Secretariat by consideration of messages and decisions of United Nations Human Rights Treaty Bodies.

5. At the same time the Secretariat from the moment of receipt of the message within seven working days in addition requests necessary information from the relevant state bodies on message eligibility criterions.

6. State bodies of the Kyrgyz Republic in the terms established by the Secretariat (up to one month) direct the motivated answer with the documents confirming the line item on the acceptability or unacceptability to compliance to the criteria established in procedures of United Nations Human Rights Treaty Bodies which include the following:

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