LAW OF THE KYRGYZ REPUBLIC

of October 20, 2021 No. 123

About local public administration and local government bodies

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

Article 1. Regulation subject

1. This Law establishes procedure for the organization of activities of local public administration and local government bodies, their tasks, function and power, and also procedure for relations between them.

2. Other laws regulating questions of local public administration and local government bodies are applied in that part in which do not contradict this Law.

3. Features of functioning of local public administration and local government bodies can be established by the laws on the border, mountain, remote territories.

Section I Local public administration

Chapter 1. General provisions and principles

Article 2. Local public administration

1. The local public administration performs the executive authority in the area.

2. Local public administration - the subordinate to the President of the Kyrgyz Republic (further - the President) and to the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers) the state body of the executive authority providing in the corresponding territory the approved activities of territorial subdivisions of state bodies of the executive authority, their interaction with local government bodies and the exercising state control of execution of the delegated powers.

3. For consideration of questions of executive activities in local public administration the advisory advisory body - board is created. The head of local public administration, his deputies and other officials of state bodies and local government bodies determined by the head of local public administration are part of board.

4. The local public administration in the activities is accountable to the President and the Cabinet of Ministers.

Article 3. General principles of activities of local public administration

Local public administration perform the activities on the principles:

1) legality and social justice;

2) protection of the rights and the interests of citizens and local communities protected by the law;

3) combinations of state and local interests;

4) openness and publicity in the solution of questions;

5) responsibility for results of the activities to the state, local government bodies and population;

6) differentiations of functions and powers of local public administration and local government body.

Article 4. Relations of local public administration with territorial authorities of statistics, homeland security, prosecutor's office and courts

Relations of local public administration with territorial authorities of statistics, homeland security, prosecutor's office and courts are performed according to the laws on these bodies and decisions of the President and the Cabinet of Ministers made on their basis.

Article 5. Relations of local public administration with local government bodies

1. The local public administration performs the activities in interaction with local government bodies of the corresponding territory, creating conditions for realization by citizens of constitutional right on participation in management of questions of the state and local value.

2. In case of acceptance by local government bodies of the decisions which are not corresponding to the laws, acts of the President and the Cabinet of Ministers, the head of local public administration brings in the relevant organ of local self-government which made such decision, idea of elimination of the allowed violations which shall be considered with decision in a month. In case of dissatisfaction of representation of the head of local public administration the head of local public administration appeals this decision of local government body in court.

Chapter 2. Structure and organizational bases of activities of local public administration

Article 6. Structure and state of the office of local public administration

1. The standard structure and the extreme number of staff of the office of local public administration affirm the Cabinet of Ministers.

2. The local public administration has the status of the legal entity and has the right to resolve independently the issues carried by this Law and other regulatory legal acts to its competence.

Article 7. Competence of local public administration

Local public administration in the territory of the respective area:

1) performs the executive authority;

2) is provided by execution of the Constitution of the Kyrgyz Republic (further - the Constitution), the laws, acts of the President and the Cabinet of Ministers, the Chairman of the Cabinet of Ministers;

Develops 3) with the assistance of executive bodies of local self-government and introduces the program of social and economic development and social protection of the population on approval of board, will organize its execution and reports to the Cabinet of Ministers;

4) performs measures for law enforcement, the rights and freedoms of citizens, protection of public order, fight against crime;

5) is provided by observance of the rights of citizens, including observance of the rights and legitimate interests of children;

6) is provided by accomplishment of budget and financial, price, tariff, investment, external economic, tax policy;

7) is provided by carrying out single antimonopoly and competition policy;

8) provides carrying out state policy in the social and economic sphere, youth policy, policy in the field of culture, art, tourism, sport, science, intellectual property, education, health care, work, employment and migration, the interethnic relations, protection of children and gender equality, social security, conservation, ecological safety and environmental management, management of land resources, architectural, town-planning and construction activities, the public and municipal service, development of state language;

9) on the questions concerning its maintaining is provided by accomplishment of the international treaties which became effective according to the legislation of the Kyrgyz Republic;

10) performs measures for providing equal conditions of development of all patterns of ownership and their protection;

11) provides implementation of national and nation-wide programs;

12) hears reports of heads of territorial subdivisions of state bodies of the executive authority, except for bodies of statistics, homeland security, internal affairs and local authorities of military management, and also heads of executive bodies of local self-government regarding the state powers delegated by it;

13) forms advisory advisory bodies;

14) carries out work on development of free economic zones;

15) establishes the Certificate of honor and other awards of local public administration, determines the bases and procedure for rewarding with them;

16) is provided by interaction with civil society and mass media;

17) attracts investments and grants for development of the territory, signs the relevant contracts within the competence established by the legislation;

18) coordinates work of law enforcement agencies;

Coordinates 19) and performs actions for prevention of emergency situations, natural disasters and liquidation of their consequences, and also establishes quarantine and restrictive actions according to the procedure, established by the legislation of the Kyrgyz Republic in the sphere of veterinary science, in case of spread of infectious diseases of animals in the territory of the corresponding administrative and territorial unit;

20) performs actions for the prevention and prevention of the interethnic conflicts;

21) renders organizational and material assistance to territorial election commissions in realization of the powers by them according to the procedure, established by the legislation;

22) transfers lands from one category to others according to the land legislation;

23) performs other powers, stipulated by the legislation.

Article 8. Head of local public administration

1. The head of local public administration directs activities of local public administration on the principles of one-man management (further - the akim).

2. The akim is appointed to position and dismissed by the President of the Kyrgyz Republic from among the faces consisting in the reserve of personnel, according to the procedure, determined by the President of the Kyrgyz Republic.

3. The position of the akim is political position. The akim is the leading state official in the corresponding territory.

4. The akim bears the personal responsibility before the President and the Cabinet of Ministers for social and economic development of the territory.

Article 9. The requirements and restrictions shown to the candidate for the akim's position

1. Persons having the higher education, length of service on the state and/or municipal positions on set at least 7 years can hold position of the akim, from them on executive positions at least 5 years or having length of service in public service and municipal service there are at least 10 years, or at least 7 years having experience of the leading work in the spheres which are not connected with implementation of activities in public service or municipal service.

2. Person cannot be akim:

1) not being the citizen of the Kyrgyz Republic;

2) the having nationality of other state;

3) being the native of the respective area;

4) not conforming to the requirements established by part of 1 this Article;

5) recognized as the judgment incapacitated or it is limited capable or who the judgment is forbidden to perform activities as the government employee or to hold positions of public service;

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