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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of November 15, 2021 No. 137

About Council for cases of justice of the Kyrgyz Republic

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

Chapter 1. General provisions

Article 1. Regulation subject

1. This constitutional Law determines the status, procedure for forming, the organization and activities of work of Council for cases of justice of the Kyrgyz Republic.

2. The legal basis, the organization, powers and procedure for activities of Council are determined by the Constitution of the Kyrgyz Republic, the constitutional Law of the Kyrgyz Republic "About the status of judges of the Kyrgyz Republic" (further - the constitutional Law on the status of judges), this constitutional Law and the legislation of the Kyrgyz Republic.

3. The constitutional laws, regulation of questions of the organization and activities of Council for justice cases are not allowed in other laws, except for.

4. In case of regulation in other constitutional laws of questions of the organization and activities of Council for justice cases they are applied in the part which is not contradicting this constitutional Law.

Article 2. Council on cases of justice of the Kyrgyz Republic

1. Council on cases of justice of the Kyrgyz Republic (further - Council) is the independent collegiate organ created according to the Constitution of the Kyrgyz Republic.

2. The main objective of Council is selection of candidates for vacant positions of judges of the Constitutional court of the Kyrgyz Republic (further - the Constitutional court), the Supreme Court of the Kyrgyz Republic (further - the Supreme Court) and local courts, representation on their appointment.

Article 3. Principles of activities of Council

Council performs the activities on the principles of independence, publicity, collective nature and objectivity.

Article 4. Powers of Council

1. Council:

1) no more than seventy percent of same-gender persons in courts which number of staff makes five and more units make competitive selection for vacancies of judges of the Constitutional court, judges of the Supreme Court and judges of local courts taking into account representation;

2) following the results of competitive selection brings to the President of the Kyrgyz Republic (further - the President) candidates:

a) for submission to Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) for vacant post of the judge of the Constitutional court, the Supreme Court;

b) for appointment to vacant position of the judge of local court;

3) is approved by Regulations of Council;

4) makes the decision on suspension, the termination of powers of the member of council.

2. Council also performs other powers provided by the constitutional Law on the status of judges, this constitutional Law and the legislation of the Kyrgyz Republic.

3. Council for implementation of the powers has the right:

1) to request and obtain necessary information, documents and other materials from state bodies and local government bodies, the organizations and their officials;

2) to hear oral and to request written explanations of officials of state bodies and local government bodies;

3) to invite officials of state bodies and local government bodies, representatives of the organizations, citizens to the meetings;

4) to address to Judicial council of the Kyrgyz Republic (further - Judicial council) with request about provision of quality evaluation of professional activity of judges.

The list of required documents and materials affirms Regulations of Council.

Article 5. Organizational, financial, material, methodical support of activities of Council

1. Organizational, financial, material and methodical support of activities of Council performs Judicial department under the Supreme Court of the Kyrgyz Republic (further - Judicial department).

2. The members of council representing judicial authority, the President and Jogorku Kenesh perform the activities on a voluntary basis. On working hours of Council they are exempted from accomplishment of the service duties and behind them the salary on principle place of employment remains.

Monthly material remuneration is paid to members of council from National Kurultai and the legal public from the moment of their election, appointment.

Payment of material remuneration is made by Judicial department from means of the republican budget in the amount of, determined by the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers).

3. Transportation expenses are refunded to the members of council arriving from regions and travelers according to the procedure, determined by the Cabinet of Ministers are paid.

4. Organizational, financial, material and methodical support of activities of Council is performed from means of the republican budget separately.

5. For the purpose of improvement of material and methodical providing Council grant funds of the international organizations can be raised.

Chapter 2. Structure and procedure for forming of Council, termination, suspension of powers of members of council

Article 6. Structure of Council

1. Council consists of 12 members.

Council is created of number of judges, components at least two thirds of its structure, one third is constituted by representatives of the President, Jogorku Kenesh, National Kurultai and the legal public.

2. The term of office of members of council constitutes 3 years from the date of approval by Jogorku Kenesh.

3. In case of disposal of the member of council from its structure on the bases provided by this constitutional Law, the new member of council shall be provided to Jogorku Kenesh no later than one month from the moment of formation of vacancy on remaining period of powers of structure of Council according to the procedure of election of the member of council in time. The new member of council is elected respectively by Judicial council, is appointed the President, is elected Jogorku Kenesh, National Kurultai, the legal public.

4. The same person cannot be member of council more than two terms in a row.

5. Promotion of candidates and forming of new structure begins in two months prior to the end of term of office of the acting structure of Council.

Article 7. Requirements imposed to alternate members of Council

1. Persons recommended in structure of Council:

1) 40 years shall be not younger citizens of the Kyrgyz Republic;

2) shall have faultless reputation, be held in respect in society;

3) shall not have nationality of foreign state;

4) shall not consist in any political party;

5) shall not have the criminal record including removed or extinguished.

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