CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of November 15, 2021 No. 133

About the Constitutional court of the Kyrgyz Republic

Section I. Status and organization of activities of the Constitutional court of the Kyrgyz Republic

Chapter 1. General provisions

Article 1. Constitutional court of the Kyrgyz Republic

1. The constitutional court of the Kyrgyz Republic (further - the Constitutional court) is the supreme body of judicial authority exercising the constitutional control by means of the constitutional legal proceedings.

2. The constitutional court is independent of any other public power and submits only to the Constitution of the Kyrgyz Republic (further - the Constitution).

3. The constitutional court provides supremacy and direct operation of the Constitution, firmness of bases of the constitutional system, rights and freedoms of man and citizen.

Article 2. Basic principles of activities of the Constitutional court

The basic principles of activities of the Constitutional court are independence, collective nature, transparency, competitiveness and equality of participants.

Article 3. Legislation on the Constitutional court

1. The organization, competence, structure, procedure for forming, appointment and release of the chairman and vice-chairman of the Constitutional court are determined by the Constitution and this constitutional Law.

2. Consideration and decision making on the questions which are within the competence of the Constitutional court are performed according to the procedure of the constitutional legal proceedings established by the Constitution, this constitutional Law and the Regulations of the Constitutional court (further - Regulations).

3. The status, independence guarantees, procedure for accountability, discharge and dismissal of judges of the Constitutional court are determined by the constitutional laws, the laws.

Article 4. Powers of the Constitutional court

1. Constitutional court:

Official interpretation of the Constitution gives 1);

2) resolves cases on compliance of the Constitution of the laws and other regulatory legal acts of the Kyrgyz Republic;

3) draws the conclusion about constitutionality of not become effective international treaties which participant is the Kyrgyz Republic;

4) resolves disputes on competence between government branches;

5) draws the conclusion to the bill on changes and amendments in the Constitution;

6) draws the conclusion about observance of established procedure of promotion of accusation against the President of the Kyrgyz Republic (further - the President).

2. Concerning the internal activities the Constitutional court accepts Regulations, approves regulations on the device of the Constitutional court, its structure and the number of staff within expense budget.

3. The constitutional court annually analyzes execution of the acts adopted by it and publishes for general data.

Chapter 2. Structure and organization of activities of the Constitutional court

Article 5. Structure of the Constitutional court

1. The constitutional court consists of nine judges: chairman, vice-chairman and seven judges of the Constitutional court.

2. The judge of the Constitutional court the citizen of the Kyrgyz Republic can be not younger than 40 years and 70 years, having higher legal education and the length of service by legal profession at least 15 years knowing state language are not more senior.

Judges of the Constitutional court are elected by at least a half of voices from total number of deputies of Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) before age achievement of limit.

Article 6. Procedure for appointment of the chairman, vice-chairman of the Constitutional court

1. The chairman of the Constitutional court is appointed the President according to the offer of Judicial council and with the consent of at least a half of voices from total number of deputies of Jogorku Kenesh from among judges of the Constitutional court for a period of 5 years.

2. The vice-chairman of the Constitutional court is appointed the President on representation of the chairman of the Constitutional court for a period of 5 years.

Article 7. Bases for dismissal of the chairman, vice-chairman of the Constitutional court

1. The chairman, the vice-chairman of the Constitutional court are exempted from the positions after the term to which they were appointed, or at own will.

Powers of the chairman, the vice-chairman of the Constitutional court stop also in case of their early release from judgeship, the termination of powers as the judge of the Constitutional court.

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