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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of November 15, 2021 No. 138

About the status of judges of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 30, 2021

Article 1. Regulation subject

1. This constitutional Law determines the status of judges of the Kyrgyz Republic, guarantee of independence of judges, procedure for election, appointment of judges of the Kyrgyz Republic, their transfer (rotation), the dismissal, responsibility, measures of material and social security of activities of judges and other provisions connected with this status.

2. Other laws concerning the status of judges and their competence are applied in that part in which they do not contradict this constitutional Law.

Chapter 1. General provisions

Article 2. Judges - carriers of judicial authority

1. Judicial authority in the Kyrgyz Republic belongs only to courts on behalf of judges:

1) the Constitutional court of the Kyrgyz Republic (further - the Constitutional court);

2) the Supreme Court of the Kyrgyz Republic (further - the Supreme Court);

3) local courts of the Kyrgyz Republic (further - local courts);

4) the specialized courts founded by the law.

2. Judges are persons allocated according to the procedure, provided by the Constitution of the Kyrgyz Republic (further - the Constitution) and this constitutional Law, powers to perform justice and the fulfilling duties on professional basis.

3. Disrespect for court or judges attracts the responsibility established by the law.

Article 3. Legislation on the status of judges

1. The legislation on the status of judges consists of the Constitution, this constitutional Law, other laws and regulatory legal acts of the Kyrgyz Republic.

2. The legislation of the Kyrgyz Republic on public service, work, social, material and other security, national insurance extends to judges in the part which is not settled by this constitutional Law.

Article 4. Principles of administration of law

1. In case of administration of law of the judge are guided by the following basic principles:

1) justice implementation only court;

2) implementation of justice is free in the cases provided by the law;

3) independence of courts and independence of judges;

4) equality of all before the law and court;

5) legality and justice;

6) objectivity and impartiality;

7) respect for all participants of process;

8) judicial responsibility;

9) openness and publicity of trial of cases in all courts;

10) obligation of court resolutions;

11) participation of citizens in the administration of law according to the procedure determined by the law.

2. Citizens of the Kyrgyz Republic have the right to free judicial protection in the cases provided by the law.

3. Courts perform judicial authority independently irrespective of whose that was wills, submitting only to the Constitution and the law.

The judges, jury members participating in administration of law are independent and submit only to the Constitution and the law.

In the Kyrgyz Republic the laws and other regulatory legal acts belittling independence of courts, independence of judges cannot be issued.

4. All are equal before the law and court.

Judges perform justice without prejudice, without giving preference to any bodies, persons, the parties participating in process for signs of their state, social, sexual, racial, national, language or political affiliation, irrespective of their origin, property and official capacity, the residence, the birthplace, the relation to religion, beliefs, belonging to public associations, and is equal on other bases which are not provided by the law.

5. The court resolutions of courts of the Kyrgyz Republic which took legal effect, requirements and orders of the judge when implementing justice are obligatory for one and all state bodies, local government bodies, officials, physical persons and legal entities and are subject to strict execution.

Courts control execution of the court resolutions which took legal effect.

Information, documents and their copies necessary for justice implementation are obligatory to provision upon the demand of judges.

Non-execution of court resolutions, requirements and orders of judges attracts the responsibility provided by the law.

6. Trial of cases in all courts open, except for the cases which are subject to consideration in closed meeting in the cases provided by the law.

7. Citizens of the Kyrgyz Republic have the right to participate in administration of law in the cases provided by the law.

8. Requirements to the citizens participating in administration of law as jury members are established by the law.

During participation in administration of law remuneration from the government budget according to the procedure, stipulated by the legislation the Kyrgyz Republic is paid to jury members.

Article 5. Status of the judge

1. The status of the judge is determined by increased requirements to its acquisition and the termination, establishment of high standards to the identity of the owner, qualification and behavior, strengthening of responsibility for improper execution of judicial powers, the material and social security and other guarantees corresponding to the high status.

2. The status of the judge at person arises from the date of assumption of office of the judge of the relevant court and stops from the date of the publication of the act of release of the judge from position and the termination of powers of the judge according to this constitutional Law. The judge is considered entered position from the moment of bringing of the oath by him.

3. Judges of all courts of the Kyrgyz Republic have the single status and differ among themselves only with the powers determined by the legislation on the organization and procedural activities of the relevant courts.

4. And other circumstances provided by the law qualification classes are appropriated to judges depending on post, length of service in judgeship.

5. Establishment of distinctions in the amount of the salary depending on post, and also in sizes of dismissal wages in case of retirement or the termination of the status and other distinctions determined by this constitutional Law depending on post, length of service and other circumstances do not mean change of the status.

Article 6. Oath of the judge

1. Implementation of powers by the elite or the appointed judges of the Kyrgyz Republic begins from the date of bringing of the oath.

The oath of the following content is in a festive atmosphere taken:

"I, …, entering judgeship of the Kyrgyz Republic, before the Fatherland and the people I swear:

fairly, honesty, it is impartial and fair to perform justice according to the Constitution and the laws of the Kyrgyz Republic;

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