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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of October 11, 2021 No. 122

About the Cabinet of Ministers of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 6, 2021

Chapter 1. General provisions

Article 1. Regulation subject. System of executive bodies

1. This constitutional Law determines:

1) procedure for forming and the organization of activities of the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers), other executive bodies, their legal status;

2) rights, obligations, responsibility, legal protection and social guarantees of cabinet ministers, heads of other executive bodies, their deputies.

2. The system of executive bodies is constituted:

1) the President of the Kyrgyz Republic (further - the President);

2) Cabinet of Ministers;

3) ministries and state committees;

4) administrative departments;

5) plenipotentiaries of the President in areas (further - the plenipotentiary);

6) local public administrations.

3. The president heads and directs activities of the executive authority.

4. The president has the right to form state bodies and organizations in case of the President.

Article 2. Legal status of the Cabinet of Ministers

1. The Cabinet of Ministers is the supreme collegiate organ of the executive authority, subordinate and accountable to the President.

2. The Cabinet of Ministers directs activities of the bodies subordinated to it.

3. The Cabinet of Ministers performs the activities on basis and in pursuance of the Constitution of the Kyrgyz Republic (further - the Constitution), this constitutional Law, the laws and acts of the President.

Article 3. Basic principles of activities of the Cabinet of Ministers

The Cabinet of Ministers in the activities is based on the following basic principles:

1) supremacy of justice and law;

2) collective nature, personal responsibility of cabinet ministers;

3) public usefulness;

4) differentiations of functions and powers between state bodies, and also between state bodies and local government bodies;

5) publicity and openness;

6) responsibility for the activities to the President;

7) accountabilities to the President and Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) in the forms provided by the Constitution and this constitutional Law.

Chapter 2. Structure and structure of the Cabinet of Ministers. Procedure for forming of structure of the Cabinet of Ministers

Article 4. Structure of the Cabinet of Ministers

1. The structure of the Cabinet of Ministers includes the ministries and the state committees.

2. The structure of the Cabinet of Ministers is determined by the President. The structure of the Cabinet of Ministers can be changed during activities of the Cabinet of Ministers by the President on own initiative or according to the proposal of the Chairman of the Cabinet of Ministers.

3. Change of structure of the Cabinet of Ministers does not attract resignation of the Cabinet of Ministers.

Article 5. Structure of the Cabinet of Ministers

1. The Cabinet of Ministers consists of the Chairman of the Cabinet of Ministers, his deputies, ministers and chairmen of the state committees.

The chairman of the Cabinet of Ministers is the head of Administration of the President of the Kyrgyz Republic.

2. The structure of the Cabinet of Ministers is determined by the President according to the procedure, determined by the Constitution and this constitutional Law.

Article 6. Procedure for forming of structure of the Cabinet of Ministers, appointment of cabinet ministers to vacant positions

1. The chairman of the Cabinet of Ministers, his deputies, ministers and chairmen of the state committees (further - cabinet ministers) are appointed the President with the consent of Jogorku Kenesh.

Appointment of cabinet ministers is performed taking into account requirements and the restrictions set by this constitutional Law.

2. The president within 3 working days from the date of assumption of office makes for coordination to Jogorku Kenesh nominations of cabinet ministers.

In case of resignation of the acting structure of the Cabinet of Ministers (the certain member) of the candidate for cabinet ministers (the certain member) are brought by the President within 3 working days from the date of acceptance of such resignation.

3. The Jogorku Kenesh within 7 calendar days considers candidacies of cabinet ministers (the certain member) and makes the decision on consent on appointment or on refusal in consent.

If the Jogorku Kenesh will not make at the scheduled time the decision on the made nominations, they are considered as approved.

4. On the approved candidacies in structure of the Cabinet of Ministers (the certain member) the President within 2 working days issues the decree on their appointment.

5. If the Jogorku Kenesh will make the decision on refusal in consent on appointment of the Chairman and other cabinet ministers (the certain member), the President within 3 working days makes for coordination to Jogorku Kenesh other nominations or repeatedly makes earlier proposed candidacies.

The refusal in consent on appointment of the Chairman of the Cabinet of Ministers attracts suspension of consideration by Jogorku Kenesh of candidates for other cabinet ministers.

6. The Jogorku Kenesh within 7 calendar days considers the new or repeatedly made nominations of the Chairman and other cabinet ministers (the certain member) and makes the decision on consent on appointment or on refusal in consent.

7. If the Jogorku Kenesh during the term specified in part 6 of this Article will not consider the new or repeatedly made nominations or will consider and will not agree, the President after this term has the right to appoint them to positions of the Chairman and other cabinet ministers (the certain member).

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