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LAW OF THE KYRGYZ REPUBLIC

of January 28, 2019 No. 19

About protection of persons who reported about corruption offenses

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 20, 2018

Article 1. Subject of regulation of this Law

This Law is directed to protection of the rights and freedoms of citizens, ensuring protection of persons who reported about corruption offenses against prosecution, establishes legal and organizational basis of data protection of persons, and also is directed to building confidence of the population in the state and its structures.

Article 2. The legislation of the Kyrgyz Republic on protection of persons who reported about corruption offenses

The legislation of the Kyrgyz Republic on protection of persons who reported about corruption offenses is based on the Constitution of the Kyrgyz Republic and consists of this Law and other regulatory legal acts of the Kyrgyz Republic which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic, and also the conventional principles and rules of international law.

Operation of this Law extends to persons who reported about corruption offenses which messages received confirmation during check.

Article 3. The bodies providing the state protection of persons who reported about corruption offenses

1. The bodies providing the state protection are:

1) the bodies making the decision on implementation of the state protection;

2) the bodies performing security measures.

2. The decision on implementation of the state protection is made by court (judge), the prosecutor, the chief of body of inquiry or the investigator in which production there is statement (message) on crime or criminal case.

3. Implementation of security measures is assigned to law-enforcement bodies, homeland security, criminal executive system, on fight against economic crimes on the criminal cases which are in their production or referred to their maintaining and also to other state bodies to which implementation of separate security measures can be assigned according to the legislation of the Kyrgyz Republic.

4. Security measures concerning protected persons on the criminal cases which are in production of court or prosecutor's office are performed by a court decision (judges) or to the resolution of the prosecutor by law-enforcement bodies, homeland security, criminal executive system, on fight against the economic crimes located in the location of the protected person.

5. Security measures concerning protected persons from among the military personnel are performed also by command of the relevant military units and higher command.

6. Security measures concerning the protected persons which are containing in pre-trial detention centers or being in correctional facilities are performed also by organizations and bodies of criminal executive system of the Kyrgyz Republic.

Article 4. The principles of protection of persons who reported about corruption offenses

The principles of protection of persons who reported about corruption offenses are:

1) legality, respect of rights and freedoms of man and citizen;

2) creation of conditions for forming in the society of the atmosphere of intolerance to corruption manifestations;

3) providing guarantees from illegal intervention in professional (labor) activity of persons who reported about corruption offenses from office prosecution;

4) responsibility of the persons which opened information on persons, who reported about the facts of corruption offenses;

5) warning of harmful effects of corruption offenses.

Article 5. Ensuring confidentiality of data on the protected person

1. Information on person who reported about the fact of corruption offenses can be secret only after confirmation of the data stated in the application.

The classification shall be made according to the statement of the protected person or from its consent.

The procedure for classification is established according to the legislation of the Kyrgyz Republic on protection of the state secrets.

In the cases provided by part 1 of article 7 of this Law, authorized bodies ensure personal security of persons who reported about corruption offenses.

2. Preserving secret about person who reported about corruption offenses is provided with authorized state bodies.

3. According to the decision of the body performing security measures the ban on issue of data on the protected person from the state and other directory funds can be imposed, and also numbers of its phones and the state registration signs of the vehicles used by it or belonging to it can be changed.

4. In exceptional cases, connected with production on another criminal or civil case, data on the protected person can be provided to investigation authorities, prosecutor's office or court based on the written request of the prosecutor or court (judge) with the permission of the body which made the decision on implementation of the state protection.

5. Rules of this Article do not extend to persons who gave obviously false information.

Article 6. Persons which are subject to protection

Persons who reported in accordance with the established procedure about corruption offense are under protection of the state according to this Law and other regulatory legal acts.

Article 7. The bases of application of security measures to persons who reported about corruption offenses

1. The bases of application of security measures are data on availability of real threat of murder of the protected person, violence over it, destructions or damages of its property in connection with participation in criminal trial established by the body making the decision on implementation of the state protection.

2. Security measures are applied based on the written application of the protected person or from its consent expressed in writing, and to minors - based on the written application of his parents or persons replacing them, and also authorized representatives of departments of family support and children (in case of absence of parents or persons, them replacing) or from their consent expressed in writing.

3. If application of security measures infringes on interests of full age members of the family of the protected person and other persons living together with it, their consent expressed in writing to application of security measures is necessary.

Article 8. Message on corruption offense

The message on corruption offense, shall contain information on the violations integrated to corruption or creating conditions for corruption which attract the disciplinary or criminal liability established by the legislation.

Article 9. The rights and obligations of persons who reported about corruption offenses

1. Person who reported about corruption offense has the right:

1) to know the rights and obligations;

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